The Waste and Agriculture (Legislative Functions) Regulations 2022

CHAPTER 4 Retention of functions from the Mining Waste Directive

Power to modify non-essential elements

10.—(1) The appropriate authority may, by regulations, make provision about—

(a) technical guidelines for the establishment of the financial guarantee;

(b) technical guidelines for inspections of waste facilities in accordance with retained EU law that implemented Article 17 of the Mining Waste Directive;

(c) the completion of the technical requirements for waste characterisation set out in Annex 2 (waste characterisation) to the Mining Waste Directive;

(d) the interpretation of the definition of “inert waste” in Article 3(3) of the Mining Waste Directive;

(e) the definition of the criteria for the classification of waste facilities in accordance with Annex 3 (criteria for determining the classification of waste facilities) to the Mining Waste Directive;

(f) the determination of any standards for sampling and analysis methods required in connection with the technical implementation of the requirements of the Mining Waste Directive.

(2) The provision which may be made under paragraph (1) includes modifying—

(a) Commission Decision 2009/335/EC on the technical guidelines for the establishment of the financial guarantee in accordance with Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries(1);

(b) Commission Decision 2009/337/EC on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries(2);

(c) Commission Decision 2009/359/EC completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries(3);

(d) Commission Decision 2009/360/EC completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(4);

(e) Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC of Directive 2006/21/EC of the European Parliament and of the Council(5).

(3) Regulations under paragraph (1) may modify any subordinate legislation.

(4) In this regulation—

(a) in so far as it extends to England and Wales—

“financial guarantee” means the financial guarantee referred to in Article 14 of the Mining Waste Directive, as that Directive is read in accordance with paragraph 9 of Schedule 1A to the 2016 Regulations(6);

“waste facility” has the meaning given to “mining waste facility” by paragraph 2(1) of Schedule 20 to the 2016 Regulations;

(b) in so far as it extends to Scotland, “financial guarantee” and “waste facility” have the meanings given by regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010(7).

Power to update in light of scientific and technical progress

11.—(1) The appropriate authority may, by regulations—

(a) modify any subordinate legislation which makes provision corresponding to an Annex to the Mining Waste Directive;

(b) make provision requiring (whether by modifying subordinate legislation, or otherwise) a reference to an Annex to the Mining Waste Directive (or a reference encompassing an Annex) to be read as a reference to that Annex with modifications.

(2) The appropriate authority may only exercise the power in paragraph (1)—

(a) to the extent that the authority considers that it is appropriate to do so as a result of scientific and technical progress, and

(b) with a view to achieving a high level of environmental protection.

(1)

EUDN 2009/335, as amended by S.I. 2019/620.

(2)

EUDN 2009/337, as amended by S.I. 2019/620.

(3)

EUDN 2009/359, as amended by S.I. 2019/620.

(4)

EUDN 2009/360, as amended by S.I. 2019/620.

(5)

EUDN 2020/248, as amended by S.I. 2020/1540.

(6)

S.I. 2016/1154. Schedule 1A was inserted by S.I. 2019/39.

(7)

S.S.I. 2010/60; relevant amending instruments are S.S.I. 2011/226, 2019/273.