The List of Wastes (Wales) Regulations 2005

Effect of the List of Wastes

3.—(1) Subject to regulation 2(3)(d) and the following provisions of this regulation, the List of Wastes has effect for purposes connected with the regulation of waste and hazardous waste, and in particular for the purposes of—

(a) the determination of whether a material or substance is a waste or a hazardous waste, as the case may be;

(b) the classification and coding of wastes and hazardous waste,

and accordingly the List of Wastes and the codes and chapter headings are to be recognised and used for those purposes.

(2) Paragraph (1) is without prejudice to regulations made under section 62A(1) of the Environmental Protection Act 1990(1) or any determination under regulations 8 or 9 of the Hazardous Waste Regulations.

(3) Subject to regulation 2(3)(c), the notes set out in the Introduction to the List have effect for the purposes of—

(a) the interpretation of the List of Wastes;

(b) the determination of whether a material or substance is a waste or a hazardous waste, as the case may be; and

(c) the identification of a waste or hazardous waste, as the case may be.

(4) The different types of wastes in the List of Wastes are fully defined by the six-digit code for the waste and the respective two-digit and four-digit chapter headings, and accordingly, for purposes connected with the regulation of waste or hazardous waste—

(a) any reference to a waste by its six-digit code as specified in the List of Wastes is to be treated as a reference to that waste; and

(b) a reference to wastes by the respective two-digit or four-digit chapter heading is a reference to the wastes listed in the List of Wastes under that chapter heading.

(5) Where any provision (howsoever expressed) of an enactment imposes a requirement that the six digit code be given, or authorises any action to be taken or requirement to be dispensed with on condition that the six digit code is given, that requirement or condition shall not be taken to have been complied with unless the code given is the code for the waste, or hazardous waste, as the case may be, in the List of Wastes.

(6) Subject to paragraph (7), a waste marked with an asterisk in the List of Wastes is considered listed in the List of Wastes as a hazardous waste for the purposes of regulation 6(a) of the Hazardous Waste Regulations.

(7) Where a waste marked with an asterisk in the List of Wastes comprises or contains one or more dangerous substances, it is considered a hazardous waste—

(a) where the description in the List of Wastes makes no reference to a dangerous substance, regardless of the actual concentration of any dangerous substance present or properties of the waste or that substance;

(b) where a waste is identified as hazardous by a specific or general reference (howsoever expressed) to dangerous substances, if the concentrations of those substances are such (that is, percentage by weight) that the waste—

(i) presents one or more of the hazardous properties; and

(ii) in the case of any of the hazardous properties H3 to H8, H10 or H11, satisfies the requirements of regulation 4.

(1)

1990 c. 43.