- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Waste (England and Wales) Regulations 2011 No. 988
5. In regulation 5—
(a)in paragraph (1)—
(i)for the definition of “consignment note”, substitute—
““consignment note”, in relation to a consignment of hazardous waste, means the identification document which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the Waste Directive.”,
(ii)in the appropriate place, insert—
““domestic waste” means waste produced by a household;”,
(iii)for the definition of “multiple collection”, substitute—
““multiple collection” means a journey made by a single carrier which meets the following conditions—
the carrier collects more than one consignment of hazardous waste in the course of the journey;
each consignment is collected from different premises;
all the premises from which a collection is made are in England; and
all consignments collected are transported by that carrier in the course of a journey to the same consignee;”,
(iv)omit the definition of “multiple collection consignment note”;
(b)for paragraph (2), substitute—
“(2) In these Regulations—
“broker” means an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;
“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;
“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;
“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 of the Waste Directive sets out a non-exhaustive list of disposal operations);
“holder” means the producer of the waste or the person who is in possession of it;
“management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker;
“producer” means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste;
“recovery” 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 of the Waste Directive sets out a non-exhaustive list of recovery operations);
“waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils,
and cognate expressions must be construed accordingly.”;
(c)in paragraph (3)(c), for “, schedule of carriers or multiple collection consignment note”, substitute “or schedule of carriers”.
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