CONSTRUCTION AND DEMOLITION WASTE FRAMEWORK REGULATIONS

FRAMEWORK

SUBSIDIARY LEGISLATION 549.161

CONSTRUCTION AND DEMOLITION WASTE

FRAMEWORK REGULATIONS

29th February, 2024

LEGAL NOTICE 311 of 2023.

(1)

The title of these regulations is the Construction

and Demolition Waste Framework Regulations.

(2)

The scope of these regulations is to establish a

framework regulating the management of waste resulting from

demolition, excavation and construction activities.

(3)

The Environment and Resources Authority may issue

guidelines or criteria to provide information, guidance or impose

restrictions in order to better implement these regulations.

(4)

To implement these regulations, the Environment and

Resources Authority may request information from any public entity

and from any actor depending on his role as outlined in regulation 3.

(5)

Regulation 5(4) shall come into force on 1st January

2026.

PRE-DEMOLITION AUDIT

(regulation 5(4))

The pre-demolition audit shall include

1. identification of all waste streams foreseen to be

generated;

2. estimated quantities of the identified waste streams;

3. which materials can be separated at source;

4. which materials are not suitable for re-use or recycling;

5. information on the management of the hazardous and

non-hazardous waste fractions;

6. information on the recycling possibilities of demolition,

excavation and construction;

7. an estimate of the percentage (%) re-use and recycling

potential of material or waste to be generated; and

8. a reason for the need to demolish the existing structure.

In these regulations, unless the context otherwise

requires

"Act" means the Environment Protection Act;

"application" means any form of application made to the

Planning Authority in terms of the Development and Planning

Act;

"Authority" or "competent authority" means the

Environment and Resources Authority as established by article

6 of the Act;

"client" or "developer" means the person in whose name

the application had been submitted for a development permit in

accordance with the provisions of the Development Planning

Act or in accordance with the provisions of the regulations

made thereunder;

"commencement notice" shall have the same meaning as

assigned to it in article 2 of the Development Planning Act;

"construction" shall have the same meaning as assigned to it

in article 2 of the Building and Construction Authority Act;

FRAMEWORK

"demolition" shall have the same meaning as assigned to

it in article 2 of the Building and Construction Authority Act;

"development" shall have the same meaning as assigned

to it in article 2 of the Development Planning Act;

"excavation" shall have the same meaning as assigned to

it in article 2 of the Building and Construction Authority Act;

"major application" means any application listed in Schedule

1 to the Development Planning (Procedure for Applications and

their Determination) Regulations;

"Planning Authority" means the Planning Authority

established under article 5 of the Development Planning Act;

"site" shall have the same meaning as assigned to it in

article 2 of the Building and Construction Authority Act;

"site manager" shall have the same meaning as assigned

to it in regulation 3 of the Construction Management Site

Regulations; and

the words "backfilling", "carrier", "collection",

"construction and demolition waste", "hazardous waste",

"material recovery", "non-hazardous waste", "preparing for re-

use", "recovery", "recycling", "re-use", "separate collection",

"treatment" and "waste" shall have the same meaning as

assigned to them in regulation 4 of the Waste Regulations.

ADMINISTRATIVE PENALTIES FOR NON-ATTAINMENT OF

WASTE MANAGEMENT TARGETS

(regulations 9(1) and 13)

In cases where the developer fails to meet the targets, the

applicable administrative penalty shall be calculated as follows

(a)

for targets specified in paragraphs (a) and (b) of

regulation 9(1)

A = total material or waste generated, in tonnes

B = % target

C = actual material re-used or waste prepared for

re-use or recycled, in tonnes

D = five euro (€5) in case of high-density residential

FRAMEWORK

developments serving sixteen (16) or more units, three

euro (€3) for major developments

((A x B) - C) x D = applicable penalty in euro

(b)

for targets specified in paragraphs (c) and (d) of

regulation 9(1)

A = construction material used, in tonnes

B = % target

C = actual construction material used in the

development that has been re-used or recycled, in tonnes

D = five euro (€5) in case of high-density residential

developments serving sixteen (16) or more units, three

euro (€3) for major developments

((A x B) - C) x D = applicable penalty in euro

These regulations outline the roles of the different actors

involved in the construction and demolition industry with respect to

waste management

(a)

the developer or anyone acting on his behalf

involved in the design stage of a development shall ensure that

measures to prevent and minimise the generation of waste are

integrated in any development and that any such measures are

implemented throughout the lifetime of the development;

(b)

the client, developer or anyone acting on his behalf

shall ensure that demolition and excavation are also carried out

in line with paragraph 3(a) of the Fourth Schedule to the

Construction Management Site Regulations;

(c)

the contractors engaged by the client or developer

shall ensure the prevention and minimisation of waste throughout all

on site activities. The contractors shall make efforts to segregate

waste at source and ensure that any collection and transport of

waste generated on site is carried out by duly authorised waste

carriers;

FRAMEWORK

(d)

the waste carrier shall ensure that any waste

collected is transported in accordance with the Waste

Management (Activity Registration) Regulations, to authorised

facilities permitted under the Waste Regulations. To this end,

the waste carrier shall provide documentary proof when

requested;

(e)

the site manager shall ascertain that any

development is carried out in accordance with these regulations

and that the actors involved fulfil their roles.

(1)

These regulations shall be read in conjunction

with the requirements set out under Regulation (EU) No 305/2011 of

the European Parliament and of the Council of 9 March 2011 laying

down harmonised conditions for the marketing of construction

products and repealing Council Directive 89/106/EEC, as

implemented at national level through the Construction Products

(Implementation) Regulations.

(2)

Waste which has undergone a recycling or other recovery

operation, is considered to have ceased to be waste if it has achieved

an end-of-waste status in accordance with regulation 6 of the Waste

Regulations.

(1)

Without prejudice to regulations 12 and 12A of

the Waste Regulations, the actors identified in regulation 3 shall take

the necessary measures to ensure that all waste generated during

demolition, excavation and construction activities is managed in an

environmentally sound manner and in accordance with the waste

hierarchy as laid down in regulation 4A of the Waste Regulations.

(2)

In order to fulfil the requirements laid down in sub-

regulation (1), the actors identified in regulations 3 shall in accordance

with their role, as a minimum

(a)

take the necessary measures to prevent the

generation of waste across all stages of construction, as far as

possible. Such stages include but are not limited to design,

demolition, excavation, construction and finishing;

(b)

prioritise the re-use of uncontaminated excavated

material, both on-site and off-site;

(c)

separate the waste at source in line with regulation

6, where site specific characteristics allow;

(d)

ensure that any collection and transport of waste

resulting from demolition, excavation and construction

activities is carried out by means of an authorised waste carrier;

(e)

obtain documentary proof that the waste is

FRAMEWORK

transferred to a facility that is authorised to accept such waste.

To this end, the waste carrier shall provide such documentary

proof to the developer;

(f)

make use of facilities or undertakings duly

permitted by the Authority to carry out the treatment of

construction and demolition waste in accordance with the Waste

Regulations.

(3)

In order to ensure compliance with the requirements laid

down in sub-regulations (1) and (2), the Authority may require the

developer or anyone acting on his behalf to submit any information and

documentation on the re-use of suitable materials and on the

management of the waste generated during the activities referred to in

sub-regulation (1).

(4)

From 1st January 2026, any major application or

application for high-density residential developments serving sixteen

(16) or more units, shall include the submission of a pre-demolition

audit prior to the issuance of the commencement notice of works. The

Building and Construction Authority shall only issue clearance to

commence works following clearance of the pre-demolition audit by

the competent authority. The pre-demolition audit shall contain the

information included in Schedule 1 and shall be carried out by a

warranted perit, surveyor or a duly qualified environmental consultant,

approved by the competent authority and in the format established by the

competent authority.

(1)

Without

prejudice

to

the

Construction

Management Site Regulations and where site specific characteristics

allow, the contractor shall endeavour to separate demolition,

excavation and construction materials or waste at source in order to

facilitate the re-use of material and to prepare for re-use, recycling and

recovery of waste, including but not limited to mineral fractions, metal,

glass, wood and plastic waste.

(2)

Where site specific characteristics do not allow,

demolition, excavation and construction materials or waste may be

separated at any establishment or undertaking duly authorised by the

Authority.

(3)

Any hazardous waste generated on site shall be managed

in accordance with regulation 14(2) of the Waste Regulations.

(4)

In order to facilitate preparation for re-use, recycling and

other recovery operations, waste separated in accordance with this

regulation shall not be mixed with other waste or other materials with

different properties, including during its collection stage.

FRAMEWORK

(1)

Demolition, excavation and construction waste

shall only be recycled or otherwise recovered at an establishment or

undertaking duly permitted by the Authority.

(2) For the purpose of environmental protection and to

promote high-quality recycling, the Authority may set out additional

quality guidelines for the collection and treatment of construction and

demolition waste.

(3)

Subject to obtaining a permit issued by the competent

Authority, any person may establish and operate storage depots

intended for, sorting or storage of construction and demolition

materials or waste prior to eventual reuse, preparing for re-use,

recycling, other recovery operations, or disposal.

(4)

Any shipment of construction and demolition waste shall

be carried out in conformity with Regulation (EC) No 1013/2006 of

the European Parliament and of the Council of 14 June 2006 on

shipments of waste and the Waste Management (Shipments of Waste)

Regulations, and with any other applicable legislation.

(5)

The Authority may take measures to encourage

establishments or undertakings which carry out waste treatment

operations to introduce certified environmental management systems

in accordance with Regulation (EC) No 1221/2009 of the European

Parliament and of the Council of 25 November 2009 on the voluntary

participation by organisations in a Community eco-management and

audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and

Commission Decisions 2001/681/EC and 2006/193/EC.

(1)

Rehabilitation of an excavation void shall only be

carried out if duly permitted and by waste which is considered suitable

by the Authority.

(2)

In order to demonstrate compliance with the

requirements established in sub-regulation (1), the holder of a permit

granted by the Authority for the backfilling of an excavation void shall

submit to the Authority an annual declaration prepared by an

independent body together with the annual environmental report

prepared and submitted in accordance with regulation 33A of the

Waste Regulations.

(1)

By not later than 1st January 2028, any developer

submitting an application with the Planning Authority for a major

development or high-density residential development serving sixteen

(16) or more units shall take the necessary measures to ensure that the

following targets are achieved for each development

(a)

a minimum of forty percent (40%) of excavated

material shall be re-used or recycled

FRAMEWORK

Provided that developers may also achieve such

target through set-off from any other developments as long as an

adequate audit trail is provided to the satisfaction of the

Authority;

(b)

a minimum of forty percent (40%) by weight of

non-hazardous waste generated during demolition activities

shall be prepared for re-use, recycled and, or other forms of

material recovery excluding backfilling operations;

(c)

a minimum of fifteen percent (15%) of

construction material including that used in finishes shall be

made up of re-used or recycled material; and

(d)

a minimum of twenty-five percent (25%) of the

granular material used for construction shall be made up of

recycled aggregates. The percentage share of recycled

aggregates used shall contribute towards attaining the fifteen

percent (15%) target for re-use and recycled materials as listed

in paragraph (c).

(2)

Within three (3) months from the issuance of a

compliance certificate by the Planning Authority, all developers of any

development falling within the scope of this regulation, shall submit to

the competent Authority a declaration indicating the percentage rate

achieved for each of the targets listed in sub-regulation (1) according to

the format established by the competent authority

Provided that the Authority may require the auditing of

declarations submitted.

Documentation specified in regulations 5(2)(e) and 9(2)

shall be kept by the developer for a minimum period of five (5) years

following the issuance of the compliance certificate and shall be made

available to the competent authority upon request.

(1)

The competent authority may carry out inspections

to ensure that the obligations set out in these regulations are adhered to.

(2)

Any relevant actors shall keep up-to-date records of their

operations in accordance with these regulations and make them

available for any inspection by the competent authority.

The competent authority shall establish a register of

authorised establishments and undertakings dealing with material and,

or waste resulting from the construction and demolition industry. Such

register shall be periodically updated and made publicly available.

(1)

Any developer who fails to reach the targets

specified in regulation 9(1) shall be subject to an administrative penalty

as specified in Schedule 2.

FRAMEWORK

(2)

Any developer who fails to abide with any provision of

these regulations shall be subject to an administrative penalty

depending on the nature and severity of the breach, not exceeding forty

thousand euro (€40,000).