The Special Waste Regulations 1996

Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Special Waste Regulations 1996 and shall come into force on 1st September 1996.

(2) These Regulations do not extend to Northern Ireland.

(3) These Regulations do not apply in relation to any special waste in respect of which, in accordance with regulation 26 below, the Control of Pollution (Special Waste) Regulations 1980(1) continue to have effect.

(4) In these Regulations, unless the context otherwise requires—

“the 1990 Act” means the Environmental Protection Act 1990;

“the 1994 Regulations” means the Waste Management Licensing Regulations 1994(2);

“Agency” means

(a)

in relation to places, premises and sites in England and Wales, the Environment Agency established by section 1 of the Environment Act 1995(3); and

(b)

in relation to places, premises and sites in Scotland, the Scottish Environment Protection Agency established by section 20 of that Act;

“the approved classification and labelling guide” means the document entitled “Approved guide to the classification and labelling of substances and preparations dangerous for supply (Second edition)”(4) approved by the Health and Safety Commission on 18th October 1994 for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994(5);

“the approved supply list” means the document entitled “Approved Supply List (2nd Edition)—Information approved for the classification and labelling of substances and preparations dangerous for supply”(6) approved by the Health and Safety Commission on 18th October 1994 for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;

“carrier”, in relation to a consignment of special waste, means the person who collects that waste from the premises at which it is being held and transports it to another place;

“carrier’s round” in relation to consignments of special waste, means a journey made by a carrier during which he collects more than one consignment of special waste and transports all consignments collected to the same consignee who is specified in the consignment note;

“carrier’s schedule” means a schedule prepared in accordance with regulation 8;

“consignee”, in relation to a consignment of special waste, means the person to whom that waste is to be transported;

“consignment note”, in relation to a consignment of special waste, means a note in a form corresponding to the form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, and giving at any time the details required by these Regulations to be shown in respect of that consignment (including, where the consignment is one in a succession of consignments, any details required to be shown in respect of other consignments in the succession);

“consignor”, in relation to a consignment of special waste, means the person who causes that waste to be removed from the premises at which it is being held;

“controlled waste” has the same meaning as in Part II of the 1990 Act(7);

“conveyance” includes a vehicle designed to carry goods by road or rail and a vessel designed to carry goods by water;

“harbour area” has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987(8);

“the Hazardous Waste Directive” means Council Directive 91/689/EEC on hazardous waste, as amended by Council Directive 94/31/EC(9);

“household waste” has the same meaning as it has for the purposes of subsection (2) of section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste) of the 1990 Act(10);

“premises” includes any ship;

“relevant code”, in relation to a consignment note or carrier’s schedule, means the code assigned in accordance with regulation 4 to the consignment of special waste to which the consignment note or carrier’s schedule relates or, where the consignment is one in a carrier’s round, to the consignments in that round;

“risk phrase” means the risk phrase shown under Part III of the approved supply list;

“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform;

“special waste” has the meaning given by regulation 2 of these Regulations; and

“waste management licence” has the meaning given by section 35(1) of the 1990 Act(11).

(1)

S.I. 1980/1709, amended by S.I. 1988/1562, 1988/1790 and 1994/1137 and by Part IV of Schedule 6 to the Radioactive Substances Act 1993 (c. 12).

(2)

S.I. 1994/1056, amended by S.I. 1995/288, 1995/1950, 1996/634.

(3)

1995 c. 25.

(4)

The approved classification and labelling guide is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

(5)

S.I. 1994/3247.

(6)

The approved supply list is available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS.

(7)

See section 75 of the Environmental Protection Act 1990 and the Controlled Waste Regulations 1992 (S.I. 1992/588, amended by S.I. 1993/566, 1994/1056 and 1995/288).

(8)

S.I. 1987/37.

(9)

Council Directive 91/689/EEC is to be found at OJ No. L 377, 31.12.1991, p.20; Council Directive 94/31/EC at OJ No. L 168, 2.7.1994, p.28.See alsoCouncil Decision 94/904/EC (OJ No. L 356, 31.12.94, p.14).

(10)

See section 75(5) and (8) of the Environmental Protection Act 1990, and the Controlled Waste Regulations 1992.

(11)

Section 35 is modified by paragraph 9 of Part I of Schedule 4 to the Waste Management Licensing Regulations 1994.