The Waste Regulations (Northern Ireland) 2011

Amendment of regulation 1: Citation, commencement and interpretation N.I.

36.  In regulation 1(3) —

(a) insert the following definitions in the appropriate alphabetical order—

““broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“controlled waste” means household, industrial and commercial waste or any such waste;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;”;

(b) for the definition of “the Directive” substitute—

““the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;

(c) for the definition of “Directive waste” substitute—

““Directive waste” means anything that, subject to paragraph 38(a) of Schedule 2, is waste within the meaning of Article 3(1) of the Directive, as read with Articles 5 and 6, and which is not excluded from the scope of the Directive by Article 2(1),(2) or (3);”;

(d) for the definition of “disposal” substitute—

““disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I to the Directive(1) sets out a non-exhaustive list of disposal operations);”;

(e) for the definition of “end of life vehicle” substitute—

““end of life vehicle” means any vehicle designated as category M1 or N1 defined in Annex IIA to Directive 70/156/EEC, and three wheel motor vehicles as defined in Directive 92/61/EEC but excluding motor tricycles, which is waste within the meaning of the Directive;”;

(f) for the definition of “European Waste Catalogue” substitute—

““European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes; and “EWC Code” means any six-digit code set out in the Annex to Commission Decision 2000/532/EC which is used to describe a type of waste;”;

(g) for the definition of “recovery” substitute—

““recovery”—

(a)

in relation to WEEE has the meaning given by Article 3(f) of the WEEE Directive;

(b)

in relation to any other waste, means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II to the Directive sets out a non-exhaustive list of recovery operations;”;

(h) for the definition of “recycling” substitute—

““recycling”—

(a)

in relation to WEEE, has the meaning given by Article3(e) of the WEEE Directive;

(b)

in relation to waste batteries or accumulators, means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;

(c)

in relation to any other waste, means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;”;

(i) for the definition of “treatment” substitute—

““treatment”—

(a)

in relation to WEEE, has the meaning given by Article 3(h) of the WEEE Directive;

(b)

in relation to waste batteries or accumulators, means any activity carried out on waste batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling or preparation for disposal;

(c)

in relation to any other waste, means recovery or disposal operations, including preparation prior to recovery or disposal;”;

(j) for the definition of “waste” substitute—

““waste” means—

(a)

Directive waste;

(b)

radioactive waste where it is—

(i)

exempt from the requirement for authorisation by virtue of an order which was made, or has effect as if made, under section 15(2) of the Radioactive Substances Act 1993(2); and

(ii)

subject to an activity falling within Schedule 2 of these Regulations and regulation 15 of the Hazardous Waste Regulations (Northern Ireland) 2005(3);”;

(k) for the definition of “waste battery or accumulator” substitute—

““waste battery or accumulator” means any battery or accumulator which is waste within the meaning of the Directive;”;

(l) for the definition of “waste oil” substitute—

““waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;”.

Commencement Information

I1 Reg. 36 in operation at 8.4.2011, see reg. 1(1)

(1)

OJ No L 312, 22.11.2008, p3

(2)

1993, c. 12

(3)

S.R. 2005 No.300 as amended by S.R.2006 No.280 and S.R. 2009 No.159