B3.8.2 England and Wales

You do not need detailed knowledge of legislation for the exam.

Please note that due to the IEMA ending the course, this section is no longer being up-dated.


Waste legislation in England and Wales is outlined below. The Operational Implications of this legislation is discussed later in this module.

General Waste Legislation

Environment Act 1995 

This established the Environment Agency and SEPA as the regulating bodies for contaminated land, abandoned mines, national parks, control of pollution, conservation of natural resources, conservation or enhancement of the environment, and fisheries.

Environmental Protection (Duty of Care) Regulations 1991 SI 2839

Imposes a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste to ensure there is no unauthorised or harmful depositing, treatment or disposal of the waste.

Environmental Protection (Duty of Care) (England) (Amendment) Regulations 2003 SI 63

Amends 1991/2839 to allow waste collection authorities in England to serve notices on people required to keep written descriptions of waste and transfer notices, and to require them to produce such documents to the authority within a specified time.

Controlled Waste Regulations 2012 SI 811

These regulations came into force in April 2012. They revoke and replace the 1992 regulations of the same name. They classify waste as household, industrial or commercial waste, and also lists the types of waste for which local authorities may make a charge for collection and disposal. The regulations enable local authorities (as waste collection authorities under the Environmental Protection Act 1990) to charge under section 45 of that Act for the disposal of waste arising from a wider range of non-domestic premises than the 1992 Regulations permitted.

The regulations also consolidate previous amendments and includes some amended and updated definitions and classifications to improve the clarity of the Regulations and bring them into line with other recent legislation. It also provides that certain litter and refuse is to be treated under Part 2 of the Environmental Protection Act 1990 in the same way as waste collected under section 45 of the Act.

They apply in England and Wales.

Clean Neighbourhoods and Environment Act 2005

Introduces additional noise, litter and waste controls including site waste management plans, and classifies artificial lighting and insects as statutory nuisances.

Environmental Permitting Regulations (England and Wales) 2010 SI675

These regulations were introduced on 6 April 2010, replacing the 2007 Regulations: the Environmental Permitting (England and Wales) Regulations 2007 [SI 3538], which themselves combined the Pollution Prevention and Control (PPC) and Waste Management Licensing (WML) regulations.

The 2010 regulations extend the range of activities that require an environmental permit. Old licences and authorisations were converted into environmental permits automatically.

Standard rules and generic risk assessments associated with these regulations have been revised and took effect on the 25th June 2012. If you hold a standard permit, these changes may affect you. Details on permitting may be found here:



A consultation regarding proposed changes ended in March 2014. Details are available here: