PART 2Waste: retention of legislative functions

CHAPTER 4Retention of functions from the Mining Waste Directive

Power to modify non-essential elements10

1

The appropriate authority may, by regulations, make provision about—

a

technical guidelines for the establishment of the financial guarantee;

b

technical guidelines for inspections of waste facilities in accordance with retained EU law that implemented Article 17 of the Mining Waste Directive;

c

the completion of the technical requirements for waste characterisation set out in Annex 2 (waste characterisation) to the Mining Waste Directive;

d

the interpretation of the definition of “inert waste” in Article 3(3) of the Mining Waste Directive;

e

the definition of the criteria for the classification of waste facilities in accordance with Annex 3 (criteria for determining the classification of waste facilities) to the Mining Waste Directive;

f

the determination of any standards for sampling and analysis methods required in connection with the technical implementation of the requirements of the Mining Waste Directive.

2

The provision which may be made under paragraph (1) includes modifying—

a

Commission Decision 2009/335/EC on the technical guidelines for the establishment of the financial guarantee in accordance with Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries18;

b

Commission Decision 2009/337/EC on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries19;

c

Commission Decision 2009/359/EC completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries20;

d

Commission Decision 2009/360/EC completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries21;

e

Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC of Directive 2006/21/EC of the European Parliament and of the Council22.

3

Regulations under paragraph (1) may modify any subordinate legislation.

4

In this regulation—

a

in so far as it extends to England and Wales—

  • financial guarantee” means the financial guarantee referred to in Article 14 of the Mining Waste Directive, as that Directive is read in accordance with paragraph 9 of Schedule 1A to the 2016 Regulations23;

  • waste facility” has the meaning given to “mining waste facility” by paragraph 2(1) of Schedule 20 to the 2016 Regulations;

b

in so far as it extends to Scotland, “financial guarantee” and “waste facility” have the meanings given by regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 201024.