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United Kingdom legislation From Wikipedia, the free encyclopedia
During their period in operation, from 2008 to 2013, the Site Waste Management Plans Regulations 2008 required those responsible for a construction or demolition project with a value in excess of £300,000 (net of VAT) to put in place a site waste management plan.
Statutory Instrument | |
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Citation | SI 2008/314 |
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Text of the Site Waste Management Plans Regulations 2008 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The regulations were laid before the UK Parliament on 15 February 2008, and came into full force on 6 April 2008. The regulations did not apply to any project planned before 6 April that year, if construction work commenced before 1 July 2008, and applied only to projects in England. They did not apply to non-construction parts of a site such as welfare facilities (Regulation 2).
The Site Waste Management Plans Regulations were repealed by government on 1 December 2013 following a consultation exercise, as part of the Government's initiative to reduce red tape.
They applied to all projects with a value of £300,000 or more, excluding VAT, with additional updating requirements for projects with a value of £500,000 or more.
The regulations placed the initial responsibility for the production of the plan with the client. The client had to produce the plan before the project was started. If a project was started without a site waste management plan, then both the client and the principal contractor were guilty of an offence under these regulations. The regulations also laid out what the plan had to include.
The plan must identify:
It must record any decision made in order to minimise the quantity of waste produced on site before the plan was drafted.
It must:
It must also contain a declaration that both the client and the principal contractor will comply with the requirements of duty of care and that materials will be handled efficiently and waste managed appropriately.
Once the project started, the regulations placed an obligation on the principal contractor to update the plan. If the project had a value over £500,000 they must record details of the identity of the person removing the wastes, the types of waste removed and the site the waste was being taken to. They must also, within three months of the completion of the project, add a confirmation that wastes had been monitored and the plan updated to reflect any changes along with an explanation of any deviation from the plan.
If the project was worth more than £500,000, then these requirements include further, more clearly defined, duty of care information. The principal contractor must also:
Within three months of the work being completed the principal contractor must add to the plan:
The principal contractor must ensure that the plan was kept on site, and every contractor knew where it was kept. It must be available to any contractor carrying any work described in the plan.
The principal contractor must retain the plan for two years following the completion of the project.
In addition to the requirements laid out in the regulations the client and principal contractor must, so far as is reasonably practicable, comply with a number of additional duties laid out in the schedule to the regulations.
These include:
There were also a number of other requirements relating to joint responsibilities for both the client and principal contractor. Failure to comply with this schedule was also an offence.
The Environment Agency and local government or council enforcement officers were to enforce these regulations.
A person found guilty of an offence was liable, on summary conviction to a fine not exceeding £50,000 or on indictment to an unlimited fine. Where a corporate body was guilty of an offence, individual liability also applied to directors, managers and other persons acting in a similar capacity.
The enforcement body could also issue a £300 fixed penalty notice if any person failed to produce a site waste management plan or any other record when required to do so by an enforcement officer.
Source: Brian, M (2008) The Site Waste Management Plans Regulations 2008, Regulatory Update, Compliance, (online) www.wastefile.com/news.Site Waste Management Plan Regulations 2008 (accessed 04/02/2008)
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