Background
After taking into account public comments on the draft regulations released in August 2024, the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025 have been introduced. With an emphasis on encouraging recycling, resource recovery, and environmentally responsible disposal, these amendments seek to improve India’s regulatory framework for managing hazardous and other waste. Non-ferrous metals means aluminium or copper or zinc or their alloys for the purposes of these rules.
Purpose
The purpose of the new provisions, which include adding a new chapter to the 2016 Rules, is to advance a circular economy, streamline compliance requirements, and improve Extended Producer Responsibility (EPR), particularly in the non-ferrous metals industry. It is anticipated that the changes, which take effect on April 1, 2026, will strengthen environmental protections and promote environmentally friendly waste management techniques.
Applicability
The Central Pollution Control Board (CPCB) requires registration through its web portal from organizations engaged in the non-ferrous metal scrap sector. A number of business types must register, including:
If a single entity operates in more than one category, each one requires a separate registration.
Without registration, a business cannot function, and registered entities are not allowed to do business with unregistered counterparts. The CPCB has the authority to revoke an entity’s registration for a maximum of five years if they provide inaccurate or purposefully concealed information during the registration process or in later reports. Depending on how much non-ferrous metal scrap the entity handles, the CPCB may also impose registration and yearly maintenance fees.
Compliance requirement under the Rules
Every producer shall have responsibility of recycling of the scrap of non-ferrous metals and shall meet the extended producer responsibility target specified in Schedule-XI in respect of the products listed in Schedule-X, and in doing so they may also take help of third party such as collection agent or dealer.
The manufacturer shall be responsible for –
(1) Every manufacturer shall register itself on the portal.
(2) The manufacturer shall collect scrap of non-ferrous metals and waste generated during the manufacture of products and their components or consumables or parts or scraps and ensures its recycling or disposal.
(3) A manufacturer shall use the domestically recycled materials for the manufacture of new product as per the Schedule-XIII which shall be assessed in respect of the total weight of the new product.
Provided that where it is not possible to meet the obligation in respect of use of domestically recycled materials on account of statutory or technical requirements, the exemption may be granted by the Central Pollution Control Board on case to case basis.
Note 1. Statutory requirement means the case where use of recycled material is not allowed by any other law in force.
Note 2. Technical requirement means the case where use of recycled material renders the product unfit for intended use.
The manufacturer / producer/ collection agent/ refurbisher/ recycler of non-ferrous metals of products containing nonferrous metal shall file a half yearly return in the form on the portal on or before 31st October of every year.
The manufacturer / producer/ collection agent/ refurbisher/ recycler of non-ferrous metals of products containing non ferrous metal shall also file annual return on or before 30th June following the financial year to which that return relates. In the case of the manufacturer is having multiple offices, it may file a single annual return combining information from all the offices.
The collection agents shall register itself on the portal and shall collect end of life scrap of non-ferrous metals from the manufacturer, producers, bulk consumers and supply to the registered recycler and upload information relating thereto on the portal
(1) Every refurbisher shall register itself on the portal and may collect scrap of non-ferrous metals/ used product of non-ferrous metals as listed in Schedule-XII and their components or consumables or parts or scrap and ensure its refurbishing.
(2) The refurbisher shall ensure that the used product made of non-ferrous metals listed in Schedule-XII is refurbished in environmentally sound manner.
(3) The refurbisher shall ensure that waste generated during the process of refurbishing is handed over to the waste to registered recycler or disposal facility.
(1) Every recycler shall register itself on the portal.
(2) The recycler shall ensure that the facility and recycling processes are in accordance with these rules.
(3) The recycler shall ensure that no damage is caused to the environment during storage, transportation and recycling of scrap of non-ferrous metals.
(4) The recycler shall ensure that the residue generated during the recycling process is disposed of in accordance with prevalent rules and regulations.
(5) The recycler shall maintain a record of scrap of non-ferrous metals received by it and the quantity of scrap recycled, not recycled or disposed of and upload such record on the portal on regular basis.
(6) The recycler shall ensure that the fractions or material which cannot be recycled in its facility are sent to other registered recyclers where it can be recycled.
The bulk consumer’s shall.-
(1) set up collection points to facilitate collection agents in the collection and transportation of scrap of non-ferrous metals from their premises; and
(2) ensure that scrap of non-ferrous metals generated by them shall be handed over only to registered recyclers or refurbisher or producers or collection agents.
Penalties & Punishments
Rule 60 –
Where any manufacturer, producer, collection agent, refurbisher and recycler either registered or not registered fails to comply with any provisions of these rules, thereby causing loss, damage or injury to environment or public health, he shall be liable to pay
environment compensation in accordance with the guidelines issued by the Central Pollution Control Board.
Rule 61–
Any person who fails to comply or contravenes the provisions of these rules shall also be liable to action in accordance with the provisions of section 15 of the Act.
Section 15 of Environment (Protection) Act, 1986-
Penalty for contravention of provisions of Act, rules, orders and directions.—
(1) Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues
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