Part 3: Waste and Resource Efficiency
In the 25 Year Environment Plan, the government committed to using resources from nature more sustainably and efficiently, and to minimising waste. In December 2018, the then government published its Resources and Waste strategy, Our Waste, Our Resources: A strategy for England , to help move towards a more sustainable, circular economy. Resources and waste management is based on a ‘waste hierarchy’, which sets a priority order when shaping waste policy and managing waste. It gives top priority to preventing waste in the first place. When waste is created, it gives priority to preparing it for re-use, then recycling, then recovery, and last of all disposal (for example, landfill). The Act will provide the legislative framework needed to deliver on many of the commitments in the Resources and Waste Strategy, by introducing new powers and amending existing legislation such as the Environment Act 1995 and Environmental Protection Act 1990.
	New powers in this Act allow for obligations to be placed on producers in relation to the re-use, redistribution, recovery and recycling of products. These powers replace and update producer responsibility measures in sections 93 to 95 of the Environment Act 1995 and Producer Responsibility Obligations (Northern Ireland) Order 1998 (S.I. No. 1998/1762 (N.I. 16)), which are repealed by the Act. These changes also clarify that producer responsibility obligations can include prevention of waste and redistribution of products, making it clear that action can be taken on food waste. Producer responsibility schemes are already in place for four waste streams (including packaging waste), putting a level of financial responsibility on producers for their goods at end of life. The Act allows the government to require producers to pay the full net cost of managing their products at end of life and to incentivise them to design their products with sustainability in mind, with the aim of ultimately reducing consumption of raw materials.
	The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. No. 2019/539) amended the Ecodesign for Energy-Related Products Regulations 2010 (S.I. No. 2010/2617) on IP completion day to allow for mandatory product standards (which may relate to energy efficiency and resource efficiency) to be set by the government for energy-related products. The Act complements these provisions by enabling resource efficiency standards to be set for non-energy-related products. The Act will also allow for clear provision of information to enable consumers to identify products that are more durable, repairable and recyclable. These measures are aimed at reducing consumption of materials.
	The Climate Change Act 2008 makes provision for charging for the supply of single-use carrier bags. The introduction of a 5p plastic bag charge in England in 2015 has resulted in a 90% decrease in plastic bag sales by main supermarket retailers . The Act allows for the introduction of charges for any single-use item in England and Wales and any single use plastic item in Northern Ireland.
	The Environmental Protection Act 1990 underpins local authorities’ duty to collect household waste in England from domestic properties. Current arrangements ensure that every local authority collects some recyclable materials. Local authorities, however, do not all collect the same range of materials, which has caused confusion as to what can be recycled. The Act stipulates a consistent set of materials that must generally be collected individually separated from all households and businesses in England, including food waste.
	The Act also allows for the introduction of deposit return schemes where consumers pay an up-front deposit when they buy an item (such as a drink in a bottle or can), which is then redeemed on return of the used item. These schemes can increase recycling and reuse, and reduce littering.
	The rules for transporting, storing or disposing of waste include the general requirement to have an environmental permit if disposing of or recovering waste and the requirement for carriers, brokers of or dealers in waste to register with the Environment Agency. Illegal waste activity was estimated to have cost the English economy over £600 million in 2015. The Act helps prevent waste crime by modernising the regulatory framework; deter waste crime by ensuring regulators can take effective enforcement action; and detect waste crime by allowing for electronic waste tracking.
	The Act also contains measures to improve the proportionality and fairness of enforcement against littering, as part of the continued delivery of the Litter Strategy for England .
	The Act expands powers in the Environmental Protection Act 1990 to prohibit or restrict waste imports and exports, so that regulations can make provision about, or in connection with the regulation of imports and exports of waste, and the transit of waste for export. This replaces powers previously available in the European Communities Act 1972 to regulate imports and exports of waste.
	The Act also amends the Environmental Protection Act 1990 and, the Waste and Contaminated Land (Northern Ireland) Order 1997, to provide the Secretary of State, Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs with powers to make regulations on hazardous waste. This replaces powers previously available in the European Communities Act 1972 and ensures that existing legislation can continue to be updated to provide controls on the management of hazardous wastes.