Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environmental Targets (Residual Waste) (England) Regulations 2023.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to England and Wales but apply in relation to England only.

Residual waste long-term target

2.—(1) This regulation specifies a target (“the residual waste long-term target”) for the purposes of the Secretary of State’s duty in section 1 of the 2021 Act to set a long-term target in respect of a matter within the area of resource efficiency and waste reduction.

(2) The residual waste long-term target is that by the end of 31st December 2042 the total mass of residual waste for the calendar year 2042 does not exceed 287 kilograms per head of population in England.

(3) In paragraph (2), “ residual waste” means any waste, other than excluded waste, which—

(a) originated in England; and

(b) is treated by a method specified in paragraph (4) in the year in question.

(4) The methods referred to in paragraph (3)(b) are that the waste is—

(a) sent to landfill in the United Kingdom;

(b) put through incineration in the United Kingdom;

(c) used in energy recovery in the United Kingdom; or

(d) sent outside the United Kingdom for energy recovery.

Measurement

3.  For the purpose of determining whether the target in regulation 2(2) is met, the population of England in 2042 is to be determined by reference to the Office for National Statistics annual mid-year population estimates for that year( 2).

Reporting date

4.  For the purposes of section 6(1) of the 2021 Act, the reporting date for the target in regulation 2(2) is 31st January 2044.

Interpretation

5.  In these Regulations—

“ the 2021 Act” means the Environment Act 2021;

“ energy recovery” means any waste treatment, excluding anaerobic digestion, which generates energy such as electricity or heat or which converts the waste into other energy products such as fuels and substitute natural gas;

“ excluded waste” means—

“ the List of Waste” means the list set out in the Annex to Commission Decision 2000/532/ECreplacing Decision 94/3/ECestablishing a list of waste and Council Decision 94/904/ECestablishing a list of hazardous waste( 3);

“ waste” has the same meaning as in section 75(2) of the Environmental Protection Act 1990( 4) as it extends to England and Wales;

“ waste code” in relation to a description of waste, means the code given to that description of waste in the List of Waste.

Regulation 5

SCHEDULE Excluded waste

1.  The table sets out the types of waste which are excluded waste for the purposes of the definition of residual waste.

2.  The first column of the table sets out the relevant waste code.

3.  The second column of the table sets out the relevant waste description in the List of Waste.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply to England, set a long-term target in relation to the reduction of residual waste, which is within the priority area of resource efficiency and waste reduction under section 1 of the Environment Act 2021 (c.30). The Regulations specify the standard to be achieved in respect of the target and the date by which it must be achieved.

Regulation 2 makes provision in respect of a long-term target to ensure that the total mass of residual waste per head of population in England does not exceed 287 kilograms by 31st December 2042. Regulation 3 makes provision in relation to how the target is to be measured. Regulation 4 provides that the reporting date for the target is 31st January 2044. Regulation 5 makes provision for, amongst other things, a definition of “excluded waste”. Schedule 1 makes further provision in relation to the definition of “excluded waste”.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF, and is published with an Explanatory Memorandum alongside these Regulations onwww.legislation.gov.uk.