- Latest available (Revised)
- Point in Time (29/03/2011)
- Original (As made)
Point in time view as at 29/03/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Hazardous Waste (England and Wales)Regulations 2005, Section 47.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
47.—(1) Any person who tips (discharges) hazardous waste (whether by way of disposal or storage) in or on any land shall record and identify the waste in accordance with the following requirements of this regulation and regulation 51.
(2) A record shall include either—
(a)a site plan marked with a grid, or
(b)a site plan with overlays on which the deposits of the tipped (discharged) waste are shown in relation to the contours of the site.
(3) Records made under this regulation shall be kept in a register.
(4) Deposits shall be identified by reference to both—
(a)the relevant description and six digit code in the List of Wastes, together with a description of the composition of the waste; and
(b)the consignment note relating to such waste, save that where waste is disposed of within the curtilage of the premises at which it is produced the deposits shall be described by reference to the quarterly return made to the Agency by the hazardous waste producer under regulation 53.
(5) A person who is required to make or retain a register pursuant to this regulation shall—
(a)update the register as soon as reasonably practicable and in any event within 24 hours of the receipt, or deposit, as the case may be, of the waste;
(b)keep the register on the site where the tipping takes place; F1...
(c)[F2subject to paragraph (5A), ] retain the records—
(i)for three years after deposit of the waste; or
(ii)if he has a waste permit pursuant to which the site is operated, until that permit is surrendered or revoked.
[F3(5A) If the person required to make or retain a register has a waste permit pursuant to which the site is operated, the period for retention of a consignment note required to be kept by regulation 51(2)(a) is—
(a)for 5 years after the deposit of the waste; or
(b)if the permit authorises disposal of waste in a landfill, until the permit is surrendered or revoked.
(5B) In paragraph (5A), “landfill” has the meaning given in Article 2(g) of Council Directive 1999/31/EC on the landfill of waste, but does not include any operation excluded from the scope of that Directive by Article 3(2).]
(6) In reckoning any period of hours for the purposes of this regulation or regulation 48, only the days or hours of any business day shall be counted.
Textual Amendments
F1Word in reg. 47(5) omitted (29.3.2011) by virtue of The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 17(a) (with regs. 2, 47(2))
F2Words in reg. 47(5)(c) inserted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 17(b) (with regs. 2, 47(2))
F3Reg. 47(5A)(5B) inserted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 2 para. 17(c) (with regs. 2, 47(2))
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: