3B.—(1) For the purposes of these Regulations, the Landfill Directive is to be read in accordance with this regulation.
(2) Article 2 is to be read as if—
(a) in point (a)—
(i)“‘waste’,” were omitted; and
(ii)for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;
(aa)after point (a) there were inserted—
“(aa)‘waste’ means anything that—
(i)is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and
(ii)is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”;
(b)for point (c) there were substituted—
“(c)‘hazardous waste’ has the meaning given in Article 3(2) of the Waste Framework Directive.”.
(3) Article 3 is to be read as if—
(a)in paragraph 2, “Without prejudice to existing Community legislation” were omitted;
(b)for paragraph 3 there were substituted—
“3. The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.”.]
Textual Amendments
F1Regs. 3A-3E inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 16(3) (as amended by S.I. 2019/1078, regs. 1, 4(4)(a) and S.I. 2020/1540, regs. 1(2)(3), 11(2)(10)(b)-(d)); 2020 c. 1, Sch. 5 para. 1(1)