I1C1C2C3 Part II Waste on Land

Annotations:
Commencement Information
I1

Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.

Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)

Modifications etc. (not altering text)
C1

Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))

Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)

Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F1Special waste F1Hazardous waste and non-controlled waste

Annotations:
Amendments (Textual)
F1

Words in s. 62 cross-heading substituted (E.W.) (16.7.2005) by The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1, 72(1) (with reg. 75)

62ZAF2Special provision with respect to hazardous waste in England and Wales

1

The relevant national authority may, by regulations, make provision for, about or connected with the regulation of hazardous waste in England and Wales.

2

Provision that may be made in the regulations includes provision—

a

prohibiting or restricting any activity in relation to hazardous waste;

b

for the giving of directions by waste regulation authorities with respect to matters connected with any activity in relation to hazardous waste;

c

imposing requirements about how hazardous waste may be kept (including requirements about the quantities of hazardous waste which may be kept at any place);

d

about hazardous waste that originated outside England or Wales;

e

about the registration of hazardous waste controllers or places where activities in relation to hazardous waste are carried out;

f

for the keeping of records by hazardous waste controllers;

g

for the inspection of those records by waste regulation authorities or specified persons;

h

for the provision by hazardous waste controllers of copies of, or information derived from, those records to waste regulation authorities or specified persons;

i

for hazardous waste controllers to inform waste regulation authorities, or specified persons, when carrying out activities in relation to hazardous waste;

j

about the circumstances in which waste which is not hazardous waste, but which shares characteristics with hazardous waste, is to be treated as hazardous waste;

k

for, about or connected with criminal offences;

l

for, about or connected with the imposition of civil sanctions.

3

The regulations may not provide for an offence to be punishable—

a

on summary conviction, by imprisonment, or

b

on conviction on indictment, by a term of imprisonment exceeding two years.

4

For the purposes of this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

5

The regulations may make provision for, about or connected with the imposition of a sanction of that kind whether or not—

a

the conduct in respect of which the sanction is imposed constitutes an offence, or

b

the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.

6

The regulations may also include provision—

a

for the supervision by waste regulation authorities—

i

of activities in relation to hazardous waste, or

ii

of hazardous waste controllers;

b

about the keeping of records (which may include registers of hazardous waste controllers and places where hazardous waste may be kept or processed) by waste regulation authorities;

c

as to the recovery of expenses or other charges for the treatment, keeping or disposal or the re-delivery of hazardous waste by waste regulation authorities or hazardous waste controllers;

d

as to appeals to the relevant national authority from decisions of waste regulation authorities.

7

This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).

8

Regulations under this section may confer functions (including functions involving the exercise of a discretion) on the relevant national authority or a waste regulation authority.

9

The regulations may—

a

make different provision for different purposes;

b

make incidental, supplementary, consequential, transitional or saving provision.

10

For the purposes of this section “mixing” in relation to hazardous waste means—

a

diluting it (with any substance);

b

mixing it with other hazardous waste of a different type, or that has different characteristics;

c

mixing it with any other substance or material (whether waste or not).

11

In this section—

  • “activity”, in relation to hazardous waste, includes—

    1. a

      keeping, collecting, receiving, importing, exporting, transporting or producing hazardous waste;

    2. b

      sorting, treating, recovering, mixing or otherwise processing hazardous waste;

    3. c

      disposing of hazardous waste in any manner (including providing hazardous waste to another person for the purposes of that person carrying out an activity in relation to it);

    4. d

      examining, testing or classifying hazardous waste (including doing any of those things to waste in connection with establishing whether it is hazardous);

    5. e

      acting as a broker of, or dealer in, hazardous waste;

    6. f

      directing or supervising another person in relation to an activity in relation to hazardous waste;

  • “hazardous waste controller” means a person who carries out any activity in relation to hazardous waste;

  • “relevant national authority” means—

    1. a

      in relation to England, the Secretary of State;

    2. b

      in relation to Wales, the Welsh Ministers;

  • “specified” means specified in the regulations.