England Waste Law

The management of municipal waste and land use planning – principal differences between Wales, England, Scotland and Northern Ireland. A similar summary table exists on the Defra website of the differences in Landfill Allowance schemes across the UK. If you wish to look at a specific policy area, click on the relevant heading.

Waste policy determined by DEFRA.

UK Government has primary legislation powers (for England and Wales).

DEFRA have responsibility for producing a waste strategy for England. The current waste strategy for England is Waste Strategy 2007, which was launched in March 2007.

Mixture of Counties, Districts and Unitary Authorities. The authorities are represented in England by the Local Government Association.

Statutory Guidance PPS 10 will be revised taking into account the future revocation of Regional Spatial Strategies (RSSs).  There will also be new requirements (under the rWFD) to take the waste hierarchy into account in waste planning.  

DEFRA Guidance. Power in WET Act to require some authorities to produce MWMSs. Guidance published on MWMSs in July 2005.

Landfill Allowance Trading Scheme (England) Regulations brought into force on 1st April 2005. There is trading of allowances. Biodegradable Municipal Waste (BMW) in England is 68%. Penalties for exceeding allowances are £150 per tonne of biodegradable municipal waste in excess of allowances held.

The Act requires local authorities in England to collect separately at least two separate recyclable fractions of household waste by 2010. Guidance document published in April 2005.

National targets for household waste set in Waste Strategy 2007:

  • to recycle or compost at least 40% and recover value from 53% of household waste by 2010;
  • to recycle or compost at least 45% and recover value from 67% of household waste by 2015;
  • to recycle or compost at least 50% and recover value from 75% of household waste by 2020;
  • to reduce household waste not re-used, recycled or composted to 320kg/person/year by 2010 and to 225kg/person/year by 2020 (or equivalent weights/household).

Targets are currently under review.

Targets for municipal waste set in Waste Strategy 2007:

  • to recover value from 53% of municipal waste by 2010;
  • to recover value from 67% of municipal waste by 2015;
  • to recover value from 75% of municipal waste by 2020.

(WPEG is no longer relevant)

Since 2008/09 funding to LAs has been through the Waste Infrastructure Capital Grant an un-ringfenced capital grant paid to upper tier authorities.  The grant which is payable until March 2010/11 is paid in recognition of the need to get front-end waste infrastructure, eg recycling and composting facilities on the ground in time to help England meet landfill targets. 

From April 2011/12 the National Indicator set will no longer be used to measure performance.  They will be replaced with a single list of government data requirements which are proposed to be reviewed on an annual basis.  The list is expected to be in place by April 2011.  Where information does not have to be reported nationally, Councils will be free to decide which of the existing indicators they wish to maintain for management and transparency purposes.

The WasteDataFlow system is used to collect all statutory returns including lATS returns including those required for the Landfill Allowance Trading Scheme.

The Association of Public Service Excellence (APSE) and other benchmarking clubs exist.

Paid between WDAs and WCAs. Flexibility arrangements implemented in the Clean Neighbourhoods and Environment Act 2005. Presumption in favour of paying discretionary credits to charities under certain circumstances.

WRAP running RecycleNow! waste awareness campaign in England.

The Business Resource Efficiency in Waste Fund was established to return to business £284 million of money raised over the period 2005 - 2008 through the landfill tax escalator. Some of this was available via NISP and Oxfordshire CC scheme to local authorities increasing recycling services to SMEs.  From 2010/11 these work streams have been incorporated into WRAP as the single delivery body.

A successor to the BREW fund has yet to be announced.  Further landfill tax revenues are added to the EPCS Block (Government) grant to local authorities.

WRAP running ROTATE. Other support from WIP. Regional Funding is paid by Local Authority Support Unit (LASU) to promote regional projects helping local authorities increase recycling and reduce waste.

WRAP operate the Love Food Hate Waste Initiative aimed at reducing food waste.

WRAP’s market development programmes, including food waste, C&D Waste, and business resource efficiency.

The community waste & recycling sector is represented by the Community Recycling Network, CRN UK which operates through REalliance as CRN UK, London CRN, CCN and FRN.  the weblink is:  http://www.realliance.org.uk

Information to follow