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The Hazardous Waste (England and Wales)Regulations 2005
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PART 11
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PART 11 E+WReplacement of Controls on Special Waste
OffencesE+W
71. In each of sections 33(9) and 38(10) and (11) of the 1990 Act for “special waste” there shall be substituted “ hazardous waste ”.
Lists of waste displaying hazardous propertiesE+W
72.—(1) In the cross heading before section 62 of the 1990 Act for “special waste” there shall be substituted “ hazardous waste ”.
(2) Section 62 of that Act (special provision with respect to certain dangerous or intractable waste) shall be omitted.
F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 72(3) omitted (31.12.2020) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(2), 8
Waste other than controlled wasteE+W
73. In section 63 of the 1990 Act (waste other than controlled waste), subsections (2) and (3) shall be omitted.
Definition of Hazardous WasteE+W
74. In section 75 of the 1990 Act (meaning of “waste” and household, commercial and industrial waste and special waste)—
(a)in the heading for “special waste” there shall be substituted “ hazardous waste ”;
(b)after subsection (8) there shall be inserted—
“(8A) “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;
(b)in the application of this Part to Wales means—
(i)any waste listed as a hazardous waste in the Hazardous Waste List;
(ii)any waste listed in regulations made under section 62A(2) above;
(iii)any other waste which displays any of the properties listed in Annex III to Council Directive 91/689/EEC.
(8B) In subsection (8A) “Hazardous Waste List” means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC.”; and
(c)subsection (9) shall be omitted.
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