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Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. No. 2900 of 2005).

United Kingdom
Territorial subdivision
Document type
Waste & hazardous substances
Waste management Waste domestic sources
Geographical area
Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe

These Regulations are made under section 2(2) of the European Communities Act 1972. They implement, in relation to England, Article 8 of Council Directive 75/442/EEC on waste as respects an occupier of domestic property in relation to the household waste produced on the property. Regulation 2 amends section 34 of the Environmental Protection Act 1990. Regulation 2(2) inserts a new section 34(2A) into the 1990 Act so as to impose a duty on an occupier of domestic property as respects the household waste produced on the property. The duty imposed is to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorized person or to a person for authorized transport purposes. The amendments in regulations 2(3) to (6) are consequential on the amendment in regulation 2(2). In particular, the amendment in regulation 2(6) makes it a criminal offence for any person to fail to comply with the new duty imposed by the amendment in regulation 2(2). The amendments in regulations 3, 4 and 5 are also consequential on the amendment in regulation 2(2). In particular, the amendments in regulation 3 ensure that section 34B of the 1990 Act (power to search and seize vehicles etc), which is not in force at the date of these Regulations, will not apply where an offence has been committed as a result of a failure to comply with the duty imposed by the amendment in regulation 2(2). Section 34B is to be inserted into the 1990 Act by section 46 of the Clean Neighbourhoods and Environment Act 2005.

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References - Legislation


Council Directive 75/442/EEC on waste.

Legislation | European Union | 1975

Keyword: Waste management, Waste disposal, Recycling/reuse, Waste prevention, Polluter pays principle, Hazardous waste, Offences/penalties



Environmental Protection Act 1990 (Chapter 43).

Legislation | United Kingdom | 1990 (2019)

Keyword: Framework law, Institution, Environmental planning, Education, Policy/planning, Soil pollution/quality, Waste management, Waste disposal


Amended by

Controlled Waste (England and Wales) Regulations 2012 (S.I. No. 811 of 2012).

Legislation | United Kingdom | 2012

Keyword: Pollution control, Waste management, Waste disposal, Organic waste, Classification/declassification, Environmental fees/charges