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The Hazardous Waste (Wales) Regulations 2005
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- Wales Statutory Instruments
- 2005 No. 1806 (W. 138)
- PART 2
- Regulation 8
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Specific waste to be treated as hazardousE+W
8.—(1) The Assembly, having regard to [F1Annex III] and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in Wales which-—
(a)is not listed in the List of Wastes;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)though of a type listed as a hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 9(2),
displays one or more of the hazardous properties, and accordingly that it is to be treated for all purposes as hazardous waste.
(2) A specific batch of waste produced in England, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined F3... to be hazardous pursuant to [F4paragraph (3)], is to be treated for all purposes as hazardous waste in Wales.
[F5(3) For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous—
(a)in relation to England if—
(i)of a type listed in regulations made under section 62A(2) of the 1990 Act;
(ii)it is the subject of a determination by the Secretary of State under regulation 8 of the Hazardous Waste (England and Wales) Regulations 2005;
(b)in relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005;
(c)in relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III.]
Textual Amendments
F1Words in reg. 8(1) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 6
F2Reg. 8(1)(b) omitted (31.12.2020) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(4), 3(2)
F3Words in reg. 8(2) omitted (31.12.2020) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(b), 8(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 8(2) substituted (31.12.2020) by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(b), 8(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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