[F162ALists of waste displaying hazardous propertiesE+W
(1)The Secretary of State shall by regulations list any controlled waste in England which—
(a)is not listed as a hazardous waste in the Hazardous Waste List; and
(b)appears to him to display any of the properties listed in Annex III to [F2the Waste Framework Directive].
(2)The National Assembly for Wales shall by regulations list any controlled waste in Wales which—
(a)is not listed as a hazardous waste in the Hazardous Waste List; and
(b)appears to it to display any of the properties listed in Annex III to [F3the Waste Framework Directive].
[F4(3)In this section “the Hazardous Waste List” means the list of wastes established by [F5Commission Decision 2000/532/EC, as amended from time to time].]
(4)Regulations under subsection (2) shall be made by statutory instrument but section 161(2) shall not apply to regulations under that subsection.]
Textual Amendments
F1S. 62A inserted (E.W.) (16.7.2005) by The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), regs. 1, 72(3) (with reg. 75)
F2Words in s. 62A(1)(b) substituted (20.3.2019) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(5)
F3Words in s. 62A(2)(b) substituted (20.3.2019) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(a), 2(5)
F4S. 62A(3) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 3(7)(b) (with regs. 2, 47(2))
F5Words in s. 62A(3) substituted (1.7.2015) by The Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1360), regs. 1(1), 2(b) (with Sch. 2)