Part II Waste on Land

Supplemental

75 Meaning of “waste” and household, commercial and industrial waste and F1hazardous waste.

(1)

The following provisions apply for the interpretation of this Part.

F2(1A)

“Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F3Directive (EU) 2018/851 F4, and read in accordance with section 75A.

F5(2)

“Waste” means anything that is waste within the meaning of Article 3(1) of F6the Waste Framework Directive .

F7(3)

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(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; F8. . .

(d)

any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications servicesF9; 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; F10and

(c)

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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; F12. . . 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.

F13(8A)

In the application of this Part to England, “hazardous waste” means—

(a)

any waste identified as hazardous waste in—

(i)

the waste list as it applies in relation to England, or

(ii)

regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b)

any other waste that is treated as hazardous waste for the purposes of—

(i)

regulations made by the Secretary of State under section 62ZA, or

(ii)

the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894).

(8B)

In the application of this Part to Wales, “hazardous waste” means—

(a)

any waste identified as hazardous waste in—

(i)

the waste list as it applies in relation to Wales, or

(ii)

regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and

(b)

any other waste that is treated as hazardous waste for the purposes of—

(i)

regulations made by the Welsh Ministers under section 62ZA, or

(ii)

the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)).

(8C)

In subsections (8A) and (8B) “the waste list” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC).

F14(9)

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F15(10)

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F15(11)

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F15(12)

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75Meaning of “waste” and household, commercial and industrial waste and special waste.

(1)

The following provisions apply for the interpretation of this Part.

F2(1A)

“Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F3Directive (EU) 2018/851 F4, and read in accordance with section 75A.

F16(2)

“Waste” means—

(a)

anything that is waste within the meaning of Article 3(1) of the F17Waste Framework 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);

F18(b)

radioactive waste, as defined in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018, the disposal of which falls within one of the activities specified in column 1 of Part 1 of schedule 9 of those Regulations and can be carried on in accordance with the rules specified for that activity;

(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.

F19(2A)

“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)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M3Caravan 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 F20which 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 M4Factories 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; F21. . .

(d)

any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services F22; or

(e)

any mine or quarry.

(7)

Subject to subsection (8) below, “commercial waste” means waste from premises F23(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; F24and

(c)

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.

F26(7A)

“Dry recyclable waste” means controlled waste that is—

(a)

glass;

(b)

metals;

(c)

plastics;

(d)

paper; or

(e)

card (including cardboard),

and dry recyclable waste of the same type (such as glass) is referred to as a “dry waste stream”.

(7B)

“Food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value), and includes biodegradable waste produced as consequence of the processing or preparation of food, but does not include drink.

(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; F27. . . 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.

F28(10)

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F29(12)

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