1. What is Waste?
2. What is Control Waste?
3. Who is the Waste Producer?
4. Who is the Waste Holder?
5. Who is the Waste Broker?
6. Who is the Waste Carrier?
7. Who is the Waste Recycler?
8. Who is the Waste Disposer?

Waste is defined as an unwanted material and that is being discarded.
The fact that some one else is willing to pay to take it away and use it does not mean it is not a waste.

A material is waste even when it is being taken for use, recycling or reclamation.

To discard a material, it is not necessary to pass it one to another person. Keeping waste on one's land is a disposal activity, covered by the legislation.

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Waste produced at household, commercial and industrial premises is control waste and comes under all the waste regulatory controls.

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This is the person whose action actually produces the waste.

In the case of contractors working at any premises, this means the contractor who is the waste producer. It is not the occupier of the premises, even though it is their decision that the contractor carries out that particular activity.

It is however important that the occupiers have a properly drafted contract, in order to make it clear how the waste is stored and transported from the premises. This would avoid any confusion about the responsibilities of each party.

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The waste holder is the person who has control over what happens to the waste.

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The Waste Management Licensing Regulations 1994 requires a waste broker to register with the Environment Agency.

The waste broker is the person who acts between the producer and the transporter, or between the producer and the disposer - or between both of them. This person is not producer of the waste, or the transporter of the waste - nor are they the disposer or recycler of the waste.

In certain cases it is likely that the occupier of the premises may be acting as broker of the waste. This is when they allow their contractors to leave the waste produced by them to be managed through their waste management contractors.

If this is the case, then it is essential that they register themselves as waste broker with the relevant Environment Agency.

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The Control of Pollution (Amendment) Act 1988 and the regulations under it require the carriers of waste to register with the Environment Agency.

There are some exemptions. The relevant exemption for the commercial and industrial premises is the exemption to the producers of the waste, which is not building, or demolition or waste allied to these activities. This means if any producer transports building or construction waste, then they must be appropriately registered with the Agency.

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Waste recycling activities are defined under Schedule 5 of the Waste Management Licensing Regulations 1994. Any person who carries out any of the activities mentioned in the legislation is a recycler of the waste. It is important for any occupier to ensure that if any of the recycling activities are carried out on their premises, then there must either there be a licence or an exemption from licensing. This is essential to protect yourself from prosecution from the Environment Agency.

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Waste disposal activities are defined under Schedule 5 of the Waste Management Licensing Regulations 1994.

Any person who carries out any of the activities mentioned in these regulations requires a licence or an exemption. It is important for occupier of the premises to ensure that if any of the disposal activities are carried out on its premises, then there must be a licence or an exemption from licensing. This is essential to protect yourself from prosecution from the Environment Agency.

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