The Hazardous Waste (England and Wales)Regulations 2005

PART 2 E+W Hazardous and Non-Hazardous Waste

Hazardous waste E+W

6.  Subject to regulation 9, a waste is a hazardous waste if it is—

(a) listed as a hazardous waste in the List of Wastes M1 ;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a specific batch of waste which is determined pursuant to regulation 8 to be a hazardous waste,

and the term “hazardous” and cognate expressions shall be construed accordingly.

Textual Amendments

F1 Reg. 6(b) 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

Marginal Citations

M1 Wastes listed as hazardous in the List of Wastes are considered hazardous pursuant to the first indent of Article 1.4 of the Hazardous Waste Directive.

Non-hazardous waste E+W

7.  The following are non-hazardous waste—

(a) a waste which is not a hazardous waste pursuant to regulation 6; or

(b) a specific batch of waste which is determined pursuant to regulation 9 to be a non-hazardous waste,

and the expression “non-hazardous” and cognate expressions shall be construed accordingly.

Specific waste to be treated as hazardous E+W

8.—(1) The Secretary of State, having regard to [F2 Annex III] and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in England which—

(a) is not listed as a hazardous waste in the List of Wastes;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) though of a type listed as a hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 9(2),

displays one or more of the hazardous properties, and accordingly that it shall be treated for all purposes as hazardous waste.

(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined F4 ... to be hazardous pursuant to [F5 paragraph (3)], shall, subject to any determination made under regulation 9, be treated for all purposes as hazardous waste in England.

[F6 (3) For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous—

(a) in relation to Wales if—

(i) of a type listed in regulations made under section 62A(2) of the 1990 Act;

(ii) it is the subject of a determination by the Welsh Ministers under regulation 8 of the Hazardous Waste (Wales) Regulations 2005;

(b) in relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005;

(c) in relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III.]

Textual Amendments

F2 Words in reg. 8(1) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 6 (with regs. 2, 47(2))

F3 Reg. 8(1)(b) 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

F4 Words in reg. 8(2) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 11(5)(a)(i) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 8(2) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 11(5)(a)(ii) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 8(3) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 11(5)(b) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Specific waste to be treated as non-hazardous E+W

9.—(1) The Secretary of State may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to [F7 Annex III] and the limit values of concentration in the List of Wastes, that a specific batch of waste in England which—

(a) is listed as hazardous waste in the List of Wastes;

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) though of a type not listed as a hazardous waste in the List of Wastes, is treated as hazardous pursuant to regulation 8(2),

does not display any of the properties listed in Annex III F9 ... and accordingly that it shall be treated for all purposes as non-hazardous in England.

[F10 (1A) The Secretary of State must not decide to treat waste as non-hazardous under paragraph (1) if it has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.]

(2) A specific batch of waste produced in Wales, Scotland or Northern Ireland and listed as a hazardous waste in the List of Wastes and which is for the time being determined F11 ... to be non-hazardous pursuant to [F12 paragraph (3)], shall, subject to any determination made under regulation 8, be treated for all purposes as non-hazardous in England.

[F13 (3) For the purposes of paragraph (2), a specific batch of waste is determined to be non-hazardous if it is the subject of a decision—

(a) in relation to Wales, by the Welsh Ministers under regulation 9 of the Hazardous Waste (Wales) Regulations 2005;

(b) in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs under regulation 10 of the Hazardous Waste Regulations (Northern Ireland) 2005;

(c) in relation to Scotland, by the Scottish Ministers that the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex III.]

Textual Amendments

F7 Words in reg. 9(1) substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 7(a)(i) (with regs. 2, 47(2))

F8 Reg. 9(1)(b) 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

F9 Words in reg. 9(1) omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 7(a)(ii) (with regs. 2, 47(2))

F10 Reg. 9(1A) inserted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 7(b) (with regs. 2, 47(2))

F11 Words in reg. 9(2) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 11(6)(a)(i) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 9(2) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 11(6)(a)(ii) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Reg. 9(3) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 11(6)(b) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

Provisions common to regulations 8 and 9 E+W

10.—(1) The Secretary of State may revoke a determination made under regulation 8 or 9.

(2) The Secretary of State shall, before making a determination under regulation 8 or 9 or revoking such a determination, except where she considers it inappropriate to do so on account of the nature of any emergency or grave danger, consult—

(a) the requisite bodies;

(b) the holder of the specific batch of waste; and

(c) any other person appearing to her—

(i) to have an interest in the specific waste; or

(ii) to be otherwise directly affected by the determination.

(3) The Secretary of State shall give notice of any determination made under regulation 49 or 50 or revocation of such a determination to—

(a) the requisite bodies;

(b) the holder of the specific batch of waste concerned; and

(c) any person she has consulted pursuant to paragraph (2)(c).

(4) The notice shall give reasons for the determination or revocation, as the case may be.

Requisite bodies E+W

11.  For the purposes of this Part, the “requisite bodies” are—

(a) the Agency;

[F14 (aa) the Natural Resources Body for Wales;]

(b) SEPA;

(c) the National Assembly for Wales;

(d) the Scottish Executive;

(e) the Northern Ireland Department of the Environment M2 ;

(f) the Health and Safety Executive; and

(g) any organisation appearing to the Secretary of State to be representative of persons likely to be affected by the relevant determination or revocation of a determination, as the case may be.

Textual Amendments

F14 Reg. 11(aa) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 204 (with Sch. 7)

Marginal Citations

M2 The Northern Ireland Department of the Environment includes its executive agency the Environmental Heritage Service.