PART 11Replacement of Controls on Special Waste

Definition of Hazardous Waste74

In section 75 of the 1990 Act (meaning of “waste” and household, commercial and industrial waste and special waste)—

a

in the heading for “special waste” there shall be substituted “ hazardous waste ”;

b

after subsection (8) there shall be inserted—

8A

“Hazardous waste”—

a

in the application of this Part to England, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (England and Wales) Regulations 2005;

b

in the application of this Part to Wales means—

i

any waste listed as a hazardous waste in the Hazardous Waste List;

ii

any waste listed in regulations made under section 62A(2) above;

iii

any other waste which displays any of the properties listed in Annex III to Council Directive 91/689/EEC.

8B

In subsection (8A) “Hazardous Waste List” means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC.

c

subsection (9) shall be omitted.