The Special Waste Regulations 1996

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[F1 Citation, commencement, extent, application and interpretationE+W

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1Regulations revoked (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 76 (with reg. 75) and Regulations revoked (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 72(1) (with reg. 72(2))

[F1 Citation, commencement, extent, application and interpretationS

1.—(1) These Regulations may be cited as the Special Waste Regulations 1996 and shall come into force on 1st September 1996.

(2) These Regulations do not extend to Northern Ireland.

(3) These Regulations do not apply in relation to any special waste in respect of which, in accordance with regulation 26 below, the Control of Pollution (Special Waste) Regulations 1980 F2 continue to have effect.

(4) In these Regulations, unless the context otherwise requires—

“the 1990 Act" means the Environmental Protection Act 1990;

[F3“the 2011 Regulations” means the Waste Management Licensing (Scotland) Regulations 2011,]

F4...

“Agency" means

(a)in relation to places, premises and sites in England and Wales, the Environment Agency established by section 1 of the Environment Act 1995 F5; and

(b)in relation to places, premises and sites in Scotland, the Scottish Environment Protection Agency established by section 20 of that Act;

F6 F7“the approved classification and labelling guide" means the document entitled “Approved guide to the classification and labelling of substances and preparations dangerous for supply (Second edition) " approved by the Health and Safety Commission on 18th October 1994 for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;

F8“the approved supply list" means the document entitled “Approved Supply List ([F93rd Edition])—Information approved for the classification and labelling of substances and preparations dangerous for supply" approved by the Health and Safety Commission on [F1024th January 1996] for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;

“carrier", in relation to a consignment of special waste, means the person who collects that waste from the premises at which it is being held and transports it to another place;

“carrier’s round" in relation to consignments of special waste, means a journey made by a carrier during which he collects more than one consignment of special waste and transports all consignments collected to the same consignee who is specified in the consignment note;

“carrier’s schedule" means a schedule prepared in accordance with regulation 8;

“consignee", in relation to a consignment of special waste, means the person to whom that waste is to be transported;

“consignment note", in relation to a consignment of special waste, means a note in a form corresponding to the form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, and giving at any time the details required by these Regulations to be shown in respect of that consignment (including, where the consignment is one in a succession of consignments, any details required to be shown in respect of other consignments in the succession);

“consignor", in relation to a consignment of special waste, means the person who causes that waste to be removed from the premises at which it is being held[F11, but does not include any occupier of domestic premises in respect of domestic waste removed from those premises];

F12“controlled waste" has the same meaning as in Part II of the 1990 Act ;

“conveyance" includes a vehicle designed to carry goods by road or rail and a vessel designed to carry goods by water;

[F13“domestic waste” means waste produced by a household;]

[F14“European Waste Catalogue” means the list of wastes [F15as defined in regulation 1B,]]

F16“harbour area" has the same meaning as in the [F17Dangerous Goods in Harbour Areas Regulations 2016];

F18...

[F19“holder” means the producer of waste or the person who is in possession of it;]

F20...

[F21“premises" includes any ship;

[F19“producer” means any person whose activities produce waste (“original producer”) and/or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;]

“relevant code", in relation to a consignment note or carrier’s schedule, means the code assigned in accordance with regulation 4 to the consignment of special waste to which the consignment note or carrier’s schedule relates or, where the consignment is one in a carrier’s round, to the consignments in that round;

“risk phrase" means the risk phrase shown under Part III of the approved supply list;

“ship" means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform;

“special waste" has the meaning given by regulation 2 of these Regulations; and

[F22“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, [F23 as last amended by [F24Directive (EU) 2018/851] ,]]

[F25“waste” has the same meaning as in section 75(2) of the Environmental Protection Act 1990 as read with section 75A of that Act,]

F26[F19“waste management licence" has the meaning given by section 35(1) of the 1990 Act .]]

[F27(5) Other expressions used in these Regulations which are used in the Waste Directive have the same meanings as in that Directive.]]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F2S.I. 1980/1709, amended by S.I. 1988/1562, 1988/1790 and 1994/1137 and by Part IV of Schedule 6 to the Radioactive Substances Act 1993 (c.12).

F3Words in reg. 1(4) inserted (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 10(2)(a)

F4Words in reg. 1(4) omitted (S.) (27.3.2011) by virtue of The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 000(1), sch. 6 para. 4

F51995 c.25.

F6The approved classification and labelling guide is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

F7S.I. 1994/3247.

F8The approved supply list is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

F9Words in reg. 1(4) substituted (31.8.1996) by The Special Waste (Amendment) Regulations 1996 (S.I. 1996/2019), reg. 1, Sch. para. 2(a)(i)

F10Words in reg. 1(4) substituted (31.8.1996) by The Special Waste (Amendment) Regulations 1996 (S.I. 1996/2019), reg. 1, Sch. para. 2(a)(ii)

F11Words in reg. 1(4) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(a)

F12 See section 75 of the Environmental Protection Act 1990 and the Controlled Waste Regulations 1992 (S.I. 1992/588, amended by S.I. 1993/566, 1994/1056 and 1995/288).

F13Words in reg. 1(4) inserted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(b)

F14Words in reg. 1(4) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(c)

F15Words in reg. 1(4) substituted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16S.I. 1987/37.

F17Words in reg. 1(4) substituted (S.) (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 3 (with reg. 5)

F18Words in reg. 1(4) omitted (S.) (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 6(2)(d)

F19Words in reg. 1(4) inserted (S.) (1.7.2004) by The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(2)(b)

F20Words in reg. 1(4) omitted (S.) (1.7.2004) by virtue of The Special Waste Amendment (Scotland) Regulations 2004 (S.S.I. 2004/112), regs. 1(2), 2(2)(a)

F21Words in reg. 1(4) substituted (31.8.1996) by The Special Waste (Amendment) Regulations 1996 (S.I. 1996/2019), reg. 1, Sch. para. 2(b)

F22Words in reg. 1(4) substituted (S.) (1.7.2016) by The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 (S.S.I. 2015/438), arts. 1, 2

F23Words in reg. 1(4) substituted (S.) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 10(2)(b)

F24Words in reg. 1(4) substituted (S.) (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 3(2)