Regulation 11

SCHEDULE Additional duties

Additional duties on the principal contractor

1.—(1) The principal contractor must, so far as is reasonably practicable, ensure co-ordination of the work and co-operation among contractors at work during the construction phase.

(2) The principal contractor must ensure so far as is reasonably practicable that every worker carrying out the construction work is provided with—

(a) suitable site induction; and

(b) any further information and training needed for the particular work to be carried out within the terms of the site waste management plan.

(3) The principal contractor must make and maintain arrangements that will enable the principal contractor and the workers engaged in the construction work to co-operate effectively in promoting and developing measures to ensure that any waste arising on site is managed within the terms of the site waste management plan and in checking the effectiveness of such measures.

(4) The principal contractor must ensure, so far as is reasonably practicable, that waste produced during construction is re-used, recycled or recovered.

(5) Failure to comply with this paragraph is an offence.

Additional duties on the client

2.—(1) The client must give reasonable directions to any contractor so far as is necessary to enable the principal contractor to comply with these Regulations.

(2) Failure to comply with this paragraph is an offence.

Additional duties on both the client and the principal contractor

3.—(1) Both the client and the principal contractor must review, revise and refine the site waste management plan as necessary, to ensure that any changes in respective roles and responsibilities are clearly communicated to those affected.

(2) Both the client and the principal contractor must take reasonable steps to ensure that sufficient site security measures are in place to prevent the illegal disposal of waste from the site.

(3) Failure to comply with this paragraph is an offence.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations require any person intending to carry out a construction project with an estimated cost greater than £300,000 to prepare a site waste management plan.

The plan must be updated in accordance with the Regulations, with different requirements depending on whether the cost of the project is greater than £500,000.

The Regulations are enforced by the Environment Agency and the local authority.

Breach of the Regulations is an offence punishable—

(a) on summary conviction, by a fine not exceeding £50,000, or

(b) on conviction on indictment, by a fine.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available on the Defra website.