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The Hazardous Waste (England and Wales)Regulations 2005

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement, extent and territorial application

    2. 2.The Waste Directive and the meaning of waste

    3. 2A.Modification of the Waste Directive

    4. 2B.Meaning of the “Mining Waste Directive”

    5. 3.Annex III to the Waste Directive

    6. 4.The List of Wastes

    7. 5.General Interpretation

  3. PART 2 Hazardous and Non-Hazardous Waste

    1. 6.Hazardous waste

    2. 7.Non-hazardous waste

    3. 8.Specific waste to be treated as hazardous

    4. 9.Specific waste to be treated as non-hazardous

    5. 10.Provisions common to regulations 8 and 9

    6. 11.Requisite bodies

  4. PART 3 Application of Parts 4 to 11

    1. 12.General application of Parts 4 to 11

    2. 13.Asbestos waste

    3. 14.Separated domestic fractions

    4. 14A.Hazardous waste produced at shop premises

    5. 15.Radioactive waste

    6. 16.Agricultural waste

    7. 17.Mines and quarries waste

  5. PART 4 Mixing Hazardous Waste

    1. 18.Meaning of mixing hazardous waste

    2. 19.Prohibition on mixing hazardous waste without a permit

    3. 20.Duty to separate mixed wastes

  6. PART 5 Notification of Premises

    1. 21.Requirement to notify premises

    2. 22.Prohibition on removal of hazardous waste from premises unless notified or exempt

    3. 23.Exemption from the requirement to notify

    4. 24.Notification by producer

    5. 25.Notification by consignor

    6. 26.Common provisions on notifications

    7. 27.Premises Code

    8. 28.Effective time

    9. 29.Mobile Services

    10. 30.The qualifying limitation

    11. 31.The tenure restriction

    12. 32.General interpretation of Part 5

  7. PART 6 Movement of Hazardous Waste

    1. Consignment codes

      1. 33.Coding standard

      2. 34.Consignment codes

    2. Documents to be completed for consignments

      1. 35.Completion of consignment notes

      2. 36.Standard procedure

      3. 37.Schedule of carriers

      4. 38.Multiple collections

      5. 39.Removal of ships' wastes to reception facilities

      6. 40.Removal of ships' wastes other than to reception facilities

      7. 41.Removal of wastes by pipeline

    3. Rejected consignments

      1. 42.Duty of consignee not accepting delivery

      2. 43.Further consignment note for rejected consignment

      3. 44.Procedure for rejected multiple collection consignments

    4. Duty to deliver within time limit

      1. 45.Duty to deliver consignment promptly

    5. Cross Border movements

      1. 46.Cross border movement of hazardous waste

  8. PART 7 Records and Returns

    1. Site records

      1. 47.Records of tipped (discharged) hazardous waste

      2. 48.Records of disposal or recovery of hazardous waste by other means

    2. Producer and transport records

      1. 49.Producers', holders' and consignors' records

      2. 50.Carrier's records

      3. 51.Registers and records: common provisions

      4. 52.Previous holder's right to information

      5. 53.Consignee and self-disposal quarterly returns

      6. 54.Consignee's return to the producer, holder or consignor

      7. 55.Duties to supply information

  9. PART 8 THE AGENCY'S FUNCTIONS

    1. 56.Inspections of hazardous waste producers

    2. 57.Inspections of collection and transport operations

    3. 58.Agency to retain registers etc

    4. 59.Fees

    5. 60.Provision of information to the Secretary of State

  10. PART 9 Emergencies and Grave Danger

    1. 61.General

    2. 62.General duties on the holder in the event of an emergency or grave danger

    3. 63.General duties of the Agency

  11. PART 10 Enforcement

    1. 64.Enforcement

    2. 65.Offences

    3. 65A.Civil sanctions

    4. 66.Defences

    5. 67.Liability of persons other than the principal offender

    6. 68.False and misleading information

    7. 69.Penalties

    8. 70.Fixed penalties

  12. PART 11 Replacement of Controls on Special Waste

    1. 71.Offences

    2. 72.Lists of waste displaying hazardous properties

    3. 73.Waste other than controlled waste

    4. 74.Definition of Hazardous Waste

  13. PART 12 Final Provisions

    1. 75.Savings for certain privileges

    2. 76.Revocations and savings

    3. 77.Consequential Amendments

    4. 78.Transitional Provisions

    5. 79.Review

  14. Signature

    1. SCHEDULE 1

      ANNEX I TO THE HAZARDOUS WASTE DIRECTIVE

    2. SCHEDULE 2

      ANNEX II TO THE HAZARDOUS WASTE DIRECTIVE

    3. SCHEDULE 3

      Annex III to the Waste Directive

      1. Properties of waste which render it hazardous

        1. 1.Notes

        2. 2.Where relevant the limit values listed in Annex II and...

        3. Test methods

    4. SCHEDULE 4

      Form of consignment note

    5. SCHEDULE 5

      Schedule of carriers

    6. SCHEDULE 6

    7. SCHEDULE 7

      UK CROSS BORDER MOVEMENT OF HAZARDOUS WASTE

      1. 1.Recognition of cross border UK consignment notes

      2. 2.Any requirement in Part 6 to complete a consignment note...

      3. 3.Any requirement to keep a copy of a consignment note...

      4. 4.UK Cross Border Consignments into England

      5. 5.Where a cross border consignment into England from Scotland or...

      6. 6.UK Cross Border Consignments out of England

      7. 7.Multiple Collections in England and Wales

    8. SCHEDULE 8

      Form of consignee’s return to producer or holder

    9. SCHEDULE 9

      TRANSITIONAL CHARGES BY THE AGENCY

      1. 1.The following paragraphs have effect in relation to the charges...

      2. 2.The charge to be paid on the notification of premises...

      3. 3.The charge to be paid by a consignee in respect...

      4. 4.The charge to be paid by a producer in respect...

      5. 5.The time for payment of the fee required under paragraph...

      6. 6.A consignee may recover from a consignor any fees paid...

    10. SCHEDULE 10

    11. SCHEDULE 11

      CONSEQUENTIAL AMENDMENTS

      1. PART 1 AMENDMENTS TO PRIMARY LEGISLATION

        1. The Waste and Emissions Trading Act 2003

          1. 1.The Waste and Emissions Trading Act 2003 is amended as...

          2. 2.In section 25(2), for “for the purpose of Council Directive...

      2. PART 2 AMENDMENTS TO SECONDARY LEGISLATION

        1. The Controlled Waste (Registration of Carriers anbd Seizure of Vehicles) Regulations 1991

          1. 3.The Controlled Waste (Registration of Carriers and Seizure of Vehicles)...

          2. 4.At the end of Schedule 1 insert “ The Hazardous...

        2. The Environmental Protection (Duty of Care) Regulations 1991

          1. 5.The Environmental Protection (Duty of Care) Regulations 1991 are amended...

          2. 6.In regulation 2(3), for “special waste” substitute “ hazardous waste...

        3. The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

          1. 7.The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 are...

          2. 8.In Section 5.1 of Chapter 5 of Schedule 1—

        4. Waste Management Licensing Regulations 1994

          1. 9.The 1994 Regulations are amended as follows.

          2. 10.In regulation 1(3), for the definition of “special waste”, substitute...

          3. 11.In regulation 3, at the end add “ (q) the...

          4. 12.In regulation 10(1)(j) for “special waste” substitute “ hazardous waste...

          5. 13.In regulation 10(1)(k) at the end insert “ or regulation...

          6. 14.In regulation 14(1) and 14(2), for “toxic and dangerous” substitute...

          7. 15.In regulation 17(3) and 17(3A) for “special waste” substitute “...

          8. 16.In paragraph 5 of Schedule 1, for subparagraph (d) to...

          9. 17.In paragraph 2(1) of Schedule 1A, for the definition of...

          10. 18.In schedule 3, in paragraphs 3(a)(ii), 3(c), 18(2)(b), 28, 36(1),...

          11. 19.In paragraph 9 of Schedule 4, omit subparagraphs (9) and...

          12. 20.In paragraph 13(1) of Schedule 4 delete “, and producers...

          13. 21.In paragraphs 14(1)(b) and 14(1A) of Schedule 4 for “special...

          14. 22.For paragraph 14(5) of Schedule 4, substitute—

          15. 23.For paragraph 14(8) of Schedule 4, substitute—

        5. Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999

          1. 24.The Town and Country Planning (Environmental Impact Assessment)(England and Wales)...

          2. 25.In paragraph 9 of Schedule 1, for “hazardous waste (that...

        6. Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000

          1. 26.The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)...

          2. 27.For regulation 11(3), substitute the following— (3) Subject to paragraphs...

        7. Pollution Prevention and Control (England and Wales) Regulations 2000

          1. 28.The Pollution Prevention and Control (England and Wales) Regulations 2000...

          2. 29.In Chapter 5 of Schedule 1— (a) in the definition...

        8. Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

          1. 30.The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002...

          2. 31.In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “...

        9. Landfill (England and Wales) Regulations 2002

          1. 32.The Landfill (England and Wales) Regulations 2002 are amended as...

          2. 33.In Regulation 7(2) for “Hazardous waste means any waste as...

          3. 34.For paragraph 2(a) of Schedule 1, substitute “ (a) it...

          4. 35.For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it...

          5. 36.For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it...

          6. 37.For paragraph 5(1)(g) of Schedule 1, substitute—

        10. Packaging (Essential Requirements) Regulations 2003

          1. 38.The Packaging (Essential Requirements) Regulations 2003 are amended as follows....

          2. 39.In regulation 3(2), for the words “or the provisions of...

    12. SCHEDULE 12

      TRANSITIONAL PROVISIONS

      1. PART 1 PROVISIONS OF THESE REGULATIONS

        1. 1.  (1) This paragraph applies to any notification of premises...

        2. 2.Where the removal of waste by pipeline from any premises...

      2. PART 2 PERMITTING REGIMES

        1. 3.  (1) Subject to the following provisions of this Schedule,...

        2. 4.(1) This paragraph applies in relation to waste which was...

  16. Explanatory Note

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