New legislation came into effect on 6 April 2008 requiring all construction projects with a contract value in excess of £300k to have a Site Waste Management Plan (SWMP). The requirements are somewhat more stringent for projects over £500k. Very simply, a SWMP is a document that identifies how waste arising during the construction process is to be managed. The main/prime contractor is responsible for developing the SWMP, and the Legislation imposes obligations on clients also. At present there is no requirement to submit the SWMP for approval to any authoritative body, but a copy must be held on site for the duration of the works. For the time being the Environment Agency will police the requirements of this Legislation and has powers to request to see a copy of the SWMP. Clients and contractors may be prosecuted for breaches of these requirements.

Regulation 7 of the Legislations states that “These Regulations do not apply in relation to a project planned before the coming into force of these Regulations but where the construction work begins before 1 July 2008.”

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