The Landfill (England and Wales) (Amendment) Regulations 2004 (revoked)

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the regulatory regime governing landfills in England and Wales for the purpose of implementing Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC on the landfill of waste (“the Landfill Directive”).

The Decision supplements the requirements of the Directive by specifying detailed criteria and procedures for acceptance of waste for each class of landfill. These Regulations replace the existing waste acceptance criteria and waste acceptance procedures in the Landfill (England and Wales) Regulations 2002 (“the 2002 Regulations”) with those contained in the Decision with effect from 16 July 2005. They also make some minor amendments to the 2002 Regulations and the Pollution Prevention and Control Regulations 2000.

Regulations 5 and 6 and Schedule 1 put in place the new waste acceptance criteria and procedures by amending relevant regulations of the 2002 Regulations and substituting a new Schedule 1.

Regulations 7, 8 and 9 make some minor amendments, in particular to the transitional regime. Existing landfills which are required to apply for a new permit to bring their operations into compliance with the Regulations, must close if the application is unsuccessful for some reason.

As these Regulations give effect, in part, to the Landfill Directive, a transposition note has been prepared setting out how the Government will transpose into UK law the main elements of this Directive. A regulatory impact assessment has also been prepared. Copies of both the transposition note and regulatory impact assessment are available in the libraries of both Houses of Parliament, and on the Defra website at http://www.defra.gov.uk/corporate/consult/landfill-regs/index.htm. Hard copies are available from the following address: Landfill Policy Team, Zone 7/E9, Ashdown House, 123 Victoria Street, London SW1E 6DE.

The volume entitled “Indexes to the United Kingdom Standard Industrial Classification of Economic Activities 2003”, referred to in the definition of “SIC code”, is available from the Stationery Office Limited on 0870 600 552.

Copies of the publications referred to in Part 4 of Schedule 1 of these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or by post from the Stationery Office Limited at 123 Kingsway, London, WC2B 6PQ or by telephone on 0207 242 6410.