UKukpga/2003/29Enacted

Household Waste Recycling Act 2003

Jurisdiction:
United Kingdom
Type:
Other · Incentives
Last action:
Jan 1, 2003
Plastic PackagingPaper PackagingGlassMetalsOrganics
Next steps for producers

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Obligations under this law
  • ·English waste collection authorities must ensure collection arrangements include separate collection of at least two types of recyclable waste (together or individually separated from the rest of household waste) from premises where they have a duty to collect household waste under section 45(1)(a) of the Environmental Protection Act 1990
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No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Establishes mandatory separate collection of at least two recyclable waste streams (including compostable materials) by English waste authorities from 31 Dec 2010, advancing circular economy infrastructure and organics diversion.
Covered Products
  • ·Household waste capable of being recycled or composted (recyclable waste)
Producer Obligations
  • ·English waste collection authorities must ensure collection arrangements include separate collection of at least two types of recyclable waste (together or individually separated from the rest of household waste) from premises where they have a duty to collect household waste under section 45(1)(a) of the Environmental Protection Act 1990
Exemptions
  • ·Separate collection requirement does not apply where the cost of doing so would be unreasonably high
  • ·Separate collection requirement does not apply where comparable alternative arrangements are available
  • ·Act does not extend to Scotland
  • ·Sections 45A, 45B and 47A do not extend to Scotland
Key Deadlines
Dec 31, 2010compliance: English waste collection authorities must have separate collection arrangements for at least two types of recyclable waste in place by this date
Dec 31, 2015compliance: Latest possible extended deadline for compliance with separate collection requirement, if a direction is granted by the Secretary of State to an individual English waste collection authority
Oct 31, 2004reporting: Secretary of State must lay before Parliament a report on performance of each English waste authority against recycling and composting standards and progress of each English waste collection authority toward meeting the section 45A(2) separate collection requirement
Enforcement
Secretary of State (with power to direct individual authorities on compliance deadlines):
Preemption Notes
Act extends to England and Wales only; sections 45A, 45B and 47A do not extend to Scotland. Section 2 (power to apply to Welsh waste collection authorities) was omitted by the Environment (Wales) Act 2016, effective 18 October 2023, meaning Wales now operates under separate devolved legislation.
Compliance Dimensions
Collection / Recovery Targetsrecyclable household waste (at least two types) by 2010 (Material Specific)

“The arrangements are arrangements for the collection of at least two types of recyclable waste together or individually separated from the rest of the household waste. The requirement in subsection (2) above shall apply from 31st December 2010.”

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

Full bill text

Arrangements for separate collection of recyclable waste 1 After section 45 of the Environmental Protection Act 1990 (c. 43) there is inserted— Arrangements for separate collection of recyclable waste 45A 1 This section applies to any waste collection authority whose area is in England (an “English waste collection authority”). 2 Where an English waste collection authority has a duty by virtue of section 45(1)(a) above to arrange for the collection of household waste from any premises, the authority shall ensure that the arrangements it makes in relation to those premises include the arrangements mentioned in subsection (3) below, unless it is satisfied that (in that case)— a the cost of doing so would be unreasonably high; or b comparable alternative arrangements are available. 3 The arrangements are arrangements for the collection of at least two types of recyclable waste together or individually separated from the rest of the household waste. 4 The requirement in subsection (2) above shall apply from 31st December 2010. 5 The Secretary of State may, if requested to do so by an English waste collection authority, direct the authority that subsection (4) above shall have effect in relation to that authority as if the date mentioned there were such later date as may be specified in the direction (being a date no later than 31st December 2015). 6 In this section, “ recyclable waste ” means household waste which is capable of being recycled or composted. Power to apply section 45A to Welsh waste collection authorities 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recycling and composting: duty to report to Parliament 3 After section 47 of the Environmental Protection Act 1990 (c. 43) there is inserted— Recycling and composting: duty to report to Parliament 47A 1 Not later than 31st October 2004, the Secretary of State shall lay before each House of Parliament a report of the performance— a of each English waste authority in meeting its recycling and composting standards (if any); and b of each English waste collection authority towards meeting the requirement imposed by section 45A(2) above. 2 In this section— “ English waste authority ” means a waste collection authority or a waste disposal authority whose area is in England; “ English waste collection authority ” means a waste collection authority whose area is in England; and “ recycling and composting standards ” means, in relation to an English waste authority, such performance standards and performance indicators (if any) as may be specified for that authority in an order made under section 4 of the Local Government Act 1999 in connection with the recycling and composting of household waste. Minor amendment 4 In section 164 of the Environmental Protection Act 1990 (c. 43)

(short title, commencement and extent), after subsection (4) there is inserted— 4A Sections 45A, 45B and 47A do not extend to Scotland. Short title, commencement and extent 5 1 This Act may be cited as the Household Waste Recycling Act 2003. 2 This Act comes into force at the end of the period of two months beginning with the day on which it is passed. 3 This Act extends to England and Wales only. S. 2 omitted (18.10.2023) by virtue of Environment (Wales) Act 2016 (anaw 3) , s. 88(3)(b) , Sch. 2 para. 15 ; S.I. 2023/1096 , art. 2(e)

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