B3.5.2.3 Commercial Waste


S(75)(7)(c) of the Environmental Protection Act 1990 defines Commercial Waste as:

“ waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding:

(a) household waste;

(b) industrial waste;

(c) waste from any mine or quarry and waste from premises used for agriculture within the meaning of the [1947 c. 48.] Agriculture Act 1947 or, in Scotland, the [1948 c. 45.] Agriculture (Scotland) Act 1948; and

(d) waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.”

The Controlled Waste Regulations 1992 [SI No. 588] state that Commercial Waste is as follows:

“Waste to be treated as commercial waste … waste of the descriptions set out in Schedule 4 shall be treated as commercial”

Schedule 4 contains the following text:

“1.        Waste from an office or showroom.

2.         Waste from a hotel  [within the meaning of in England and Wales, section 1(3) of the Hotel Proprietors Act 1956[26]; and in Scotland, section 139(1) of the Licensing (Scotland) Act 1976[27] ].

3.         Waste from any part of a composite hereditament, or, in Scotland, of part residential subjects, which is used for the purposes of a trade or business.

4.         Waste from a private garage which either has a floor area exceeding 25 square metres or is not used wholly or mainly for the accommodation of a private motor vehicle.

5.         Waste from premises occupied by a club, society or any association of persons (whether incorporated or not) in which activities are conducted for the benefit of the members.

6.         Waste from premises (not being premises from which waste is by virtue of the Act or of any other provision of these Regulations to be treated as household waste or industrial waste) occupied by:

(a) a court;

(b) a government department;

(c) a local authority;

(d) a body corporate or an individual appointed by or under any enactment to discharge any public functions; or

(e) a body incorporated by a Royal Charter.

7.         Waste from a tent pitched on land other than a camp site.

8.         Waste from a market or fair.

9.         Waste collected under section 22(3) of the Control of Pollution Act 1974.”