2005 No. 3026
The Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005
Made
Laid before Parliament
Coming into force
The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on her by section 2(2) of that Act makes the following Regulations:
Citation, commencement and extent1
1
These Regulations may be cited as the Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005 and shall come into force on 22nd November 2005.
2
These Regulations extend to England and Wales only.
Amendment of section 57 of the Environmental Protection Act 19902
1
Section 57 of the Environmental Protection Act 19903(powers of Secretary of State to require waste to be accepted, treated, disposed of or delivered) is amended as follows.
2
In subsection (1), after “licence” insert “or waste permit”.
3
In subsections (1) and (2), for “controlled waste” substitute “waste”.
4
After subsection (7), insert—
7A
In subsection (1) “waste permit” means a permit under the Pollution Prevention and Control (England and Wales) Regulations 20004 which authorises the disposal or recovery of waste; and for this purpose “disposal or recovery” means an operation listed in Annex IIA or Annex IIB of Council Directive 75/442/EEC5 on waste (as amended by Commission Decision 96/350/EEC).
5
For subsection (8) substitute—
8
In this section—
“specified” means specified in a direction under this section; and
“waste” means anything which is waste as defined in Article 1 of, and Annex 1 to, Directive 75/442/EEC (as amended by Directive 91/156/EEC) including anything which is excluded from the scope of that Directive by Article 2(1)(b)(iii) of that Directive, but not including anything excluded by the remainder of that Article.
(This note is not part of the Order)