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5. In these Regulations—
“the 2021 Act” means the Environment Act 2021;
“energy recovery” means any waste treatment, excluding anaerobic digestion, which generates energy such as electricity or heat or which converts the waste into other energy products such as fuels and substitute natural gas;
“excluded waste” means—
waste of a type set out in the table in the Schedule; or
ferrous metals removed from bottom ash, with the waste code 19 01 02, which have been put through incineration or used in energy recovery in the United Kingdom and then sent for recycling;
“the List of Waste” means the list set out in the Annex to Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of waste and Council Decision 94/904/EC establishing a list of hazardous waste(1);
“waste” has the same meaning as in section 75(2) of the Environmental Protection Act 1990(2) as it extends to England and Wales;
“waste code” in relation to a description of waste, means the code given to that description of waste in the List of Waste.
EUDN 2000/532, as amended by S.I 2020/1540.
1990 c.43. Section 75(2) as it extends to England and Wales was substituted by S.I. 2011/988 and amended by S.I. 2019/620. There are other amendments to section 75 which are not relevant.
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