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PART 1 E+WGeneral

Citation, commencement, extent and territorial applicationE+W

1.—(1) These Regulations may be cited as the Hazardous Waste (England and Wales) Regulations 2005 and come into force as follows-

(a)Parts 1, 2, paragraph 1 of Part 1 of Schedule 12 and, for the purposes of that paragraph only, Part 5, regulation 59(3) and Schedule 9 and regulation 78 on 16th April 2005; and

(b)the remainder, on 16th July 2005.

(2) These Regulations extend to England and Wales only.

(3) Nothing in these Regulations applies to Wales except this regulation, Part 11, and regulation 5 so far as relating to that Part.

The Waste Directive and the meaning of wasteE+W

[F12.—(1) For the purposes of these Regulations—

(a)“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;

(b)“waste” means anything that—

(i)is waste within the meaning of Article 3(1) of the Waste Directive; and

(ii)subject to regulation 15, is not excluded from the scope of that Directive by Article 2(1), (2) or (3).

(2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions set out in Article 13 of that Directive, that is to say, to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a)without risk to water, air, soil, plants or animals;

(b)without causing a nuisance through noise or odours; and

(c)without adversely affecting the countryside or places of special interest.]

Textual Amendments

[F2Annex III to the Waste DirectiveE+W

3.  A reference in these Regulations to—

(a)Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste Directive, as that Annex is set out in Schedule 3;

(b)hazardous properties is a reference to the properties in Annex III.]

Textual Amendments

The List of WastesE+W

4.—(1) In these Regulations—

“the List of Wastes Decision” means Commission Decision 2000/532/EC M1 of 3rd May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended by amendments thereto which have effect from time to time in relation to England pursuant to the List of Wastes Regulations;

“the List of Wastes Regulations” means the List of Wastes (England) Regulations 2005 M2; and

“the List of Wastes” means the list of wastes set out in the List of Wastes Decision as it is from time to time set out in the List of Wastes RegulationsF3....

(2) A reference in these Regulations in relation to any waste to—

(a)being “listed as a waste” and “listed as a hazardous waste” refers to that waste being listed as a waste, or as a hazardous waste, as the case may be, in the List of Wastes, provided, in the case of a waste to which a limit value of concentration applies, it shall only be considered to be listed as a hazardous waste where the relevant limit value of concentration is satisfied;

(b)being “not listed as hazardous” refers to that waste being not listed as a hazardous waste in the List of Wastes, whether or not it is listed as a waste, and whether or not it is otherwise a hazardous waste pursuant to these Regulations;

and cognate expressions shall be construed accordingly.

Textual Amendments

Marginal Citations

M1OJ No. L 226, 6.9.2000, p. 3.

General InterpretationE+W

5.—(1) In these Regulations—

“the 1990 Act” means the Environmental Protection Act 1990 M3;

“the 1995 Act” means the Environment Act 1995 M4;

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“the 1996 Regulations” means the Special Waste Regulations 1996 M5);

[F5“the Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2010;]

“the Agency” means the Environment Agency;

“asbestos waste” means waste which contains or is contaminated by asbestos;

“authorised person” has the meaning given by section 108(15) of the 1995 Act;

“business day” means any day other than any—

(a)

Saturday or Sunday;

(b)

Good Friday or Christmas Day;

(c)

day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 M6; or

(d)

other public holiday;

“carrier” in relation to a consignment of hazardous waste, means a person who takes one or more of the following actions, that is to say, collects the consignment from the premises at which it was produced or premises at which it is being held, delivers it to the consignee, or transports it in the course of its transfer from those premises to the consignee;

“consignee”, in relation to a consignment of hazardous waste, means the person to whom the waste is or is to be transferred for recovery or disposal;

“consignment code” shall be construed in accordance with regulation 34(1);

[F6“consignment note”, in relation to a consignment of hazardous waste, means the identification document which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the Waste Directive.]

“consignor”, in relation to a consignment of hazardous waste, means the person who causes that waste to be removed from the premises at which it was produced or is being held;

[F7“domestic waste” means waste produced by a household;]

“emergency or grave danger” has the meaning given by regulation 61;

“emergency services” means those police, fire and ambulance services who are liable to be required to respond to an emergency;

[F8“environmental permit” has the meaning given in regulation 13(1) of [F9the Environmental Permitting Regulations ];]

“harbour area” has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987 M7;

“hazardous waste” has the meaning given by regulation 6; “mixing” shall be construed in accordance with regulation 18;

“mobile service” means a service operated from premises which consists of any one or more of the following activities, that is to say, the construction, maintenance or repair of any other premises, or of any fixtures, fittings or equipment located on those other premises, being a service in the course of which the operator of the service produces hazardous waste at those other premises;

[F10“multiple collection” means a journey made by a single carrier which meets the following conditions—

(a)

the carrier collects more than one consignment of hazardous waste in the course of the journey;

(b)

each consignment is collected from different premises;

(c)

all the premises from which a collection is made are in England; and

(d)

all consignments collected are transported by that carrier in the course of a journey to the same consignee;]

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“non-hazardous waste” has the meaning given by regulation 7;

[F12“premises” includes land and any ship and any other means of transport from which a mobile service is operated;]

“quarter” means any period of three months ending on 31st March, 30th June, 30th September or 31st December;

[F13“radioactive substances activity” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;]

[F13“radioactive waste” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;]

[F14“registered exemption” means an exempt waste operation within the meaning of the Environmental Permitting Regulations;]

“schedule of carriers” means the form of schedule set out in Schedule 5 and required to be completed where more than one carrier transports, or is to transport, the consignment;

“SEPA” means the Scottish Environment Protection Agency;

“ship” means a vessel of any type whatsoever including submersible craft, floating craft and any structure which is a fixed or floating platform;

“six digit code” means the six digit code referable to a type of waste in accordance with the List of Wastes, and in relation to hazardous waste, includes the asterisk;

“SIC” means the publication entitled “the UK Standard Industrial Classification of Economic Activities 2003” prepared by the Office of National Statistics and published by Her Majesty's Stationery Office on 31st December 2002 and implemented on 1st January 2003 M8;

“United Kingdom ship” has the meaning given by section 1 of the Merchant Shipping Act 1995 M9;

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15“waste permit” means a licence under Part 2 of the Food and Environment Protection Act 1985 or an environmental permit].

[F16(2) In these Regulations—

“broker” means an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations);

“holder” means the producer of the waste or the person who is in possession of it;

“management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker;

“producer” means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste;

“recovery” means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations);

“waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils,

and cognate expressions must be construed accordingly.]

(3) In these Regulations—

(a)any document which is to be provided or given to any person (other than a fixed penalty notice under Part 10) may be provided or given to that person in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(b)any requirement to make, keep or retain a record or to maintain a register may be satisfied in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(c)any requirement for a signature on a notification, consignment note [F17or schedule of carriers], may be satisfied by an electronic signature incorporated into the document; and

(d)“electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

Textual Amendments

F5Words in reg. 5(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(a) (with reg. 1(2))

F9Words in reg. 5(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(b) (with reg. 1(2))

F13Words in reg. 5(1) inserted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(e) (with reg. 1(2))

F14Words in reg. 5(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(c) (with reg. 1(2))

F15Words in reg. 5(1) substituted (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 23(2)(d) (with reg. 1(2))

Marginal Citations

M5S.I. 1996/972 as amended by S.I. 1996/2019, 1997/251, 2001/3148.

M7S.I. 1987/37, to which there are amendments not relevant to these Regulations.

M8ISBN 0-11-62-11-16417.