I3C1C2 Part II Waste on Land
Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)
Supplemental
I1E175 Meaning of “waste” and household, commercial and industrial waste and F1hazardous waste.
1
The following provisions apply for the interpretation of this Part.
F2F32
“Waste” means any substance or object in the categories set out in Schedule 2B to this Act which the holder discards or intends or is required to discard; and for the purposes of this definition—
“holder” means the producer of the waste or the person who is in possession of it; and
“producer” means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste.
3
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
“Controlled waste” means household, industrial and commercial waste or any such waste.
5
Subject to subsection (8) below, “household waste” means waste from—
a
domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
b
a caravan (as defined in section 29(1) of the M1Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);
c
a residential home;
d
premises forming part of a university or school or other educational establishment;
e
premises forming part of a hospital or nursing home.
6
Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
a
any factory (within the meaning of the M2Factories Act 1961);
b
any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
c
any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; F5. . .
d
any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications servicesF6; or
e
any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947
7
Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
a
household waste;
b
industrial waste; F7and
c
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
8
Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; F9. . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
F108A
“Hazardous waste”—
a
in the application of this Part to England, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (England and Wales) Regulations 2005;
F11b
in the application of this Part to Wales, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (Wales) Regulations 2005.
8B
F12In subsection (8A) “Hazardous Waste List” means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC.
9
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1410
Schedule 2B to this Act (which reproduces Annex I to the Waste Directive) shall have effect.
11
Subsection (2) above is substituted, and Schedule 2B to this Act is inserted, for the purpose of assigning to “waste” in this Part the meaning which it has in the Waste Directive by virtue of paragraphs (a) to (c) of Article 1 of, and Annex I to, that Directive, and those provisions shall be construed accordingly.
12
In this section “the Waste Directive” means the M3directive of the Council of the European Communities, dated 15th July 1975, on waste, as amended by—
a
the M4directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; F15. . .
b
c
the decision of the European Commission, dated 24th May 1996, adapting Annexes IIA and IIB to directive 75/442/EEC on waste; and
d
EC Regulation No. 1882/2003 of the European Parliament and the Council dated 29th September 2003
I2E275Meaning of “waste” and household, commercial and industrial waste and special waste.
1
The following provisions apply for the interpretation of this Part.
F242
“Waste” means—
a
anything that is waste within the meaning of Article 3(1) of the Waste Directive, as read with Articles 5 and 6, and which is not excluded from the scope of that Directive by Article 2(1), (2) or (3);
b
radioactive waste within the meaning of section 1A of the Radioactive Substances Act 1993 which is exempt from the requirement for authorisation under section 13 or 14 of that Act by virtue of an order made, or having effect as if made, under section 15(2) of that Act;
c
where land is undergoing on-site remediation of contamination, that land including unexcavated contaminated soil and any contaminated buildings permanently connected with that land.
F252A
“Broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, whether or not such arrangements involve the broker taking physical possession of the waste; and “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, whether or not this involves the dealer taking physical possession of the waste.
3
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
“Controlled waste” means household, industrial and commercial waste or any such waste.
5
Subject to subsection (8) below, “household waste” means waste from—
a
domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
b
a caravan (as defined in section 29(1) of the M6Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);
c
a residential home;
d
premises forming part of a university or school or other educational establishment;
e
premises forming part of a hospital or F17which are used to provide a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)).
6
Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
a
any factory (within the meaning of the M7Factories Act 1961);
b
any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
c
any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; F18. . .
d
any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services F19; or
e
any mine or quarry.
7
Subject to subsection (8) below, “commercial waste” means waste from premises F20(including premises used for agriculture within the meaning of the Agriculture (Scotland) Act 1948) used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
a
household waste;
b
industrial waste; F21and
c
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
8
Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; F23. . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
9
“Special waste” means controlled waste as respects which regulations are in force under section 62 above.
F2610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2712
In this Part, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.
Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)