Specific waste to be treated as hazardousE+W
8.—(1) The Assembly, having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in Wales which-—
(a)is not listed in the List of Wastes;
(b)is not listed in regulations made under section 62A(1) of the 1990 Act; or
(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 is to be treated for all purposes as hazardous waste.
(2) A specific batch of waste produced in England, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined by the Secretary of State, the Scottish Executive or the Northern Ireland Department of the Environment, as the case may be, to be hazardous pursuant to Article 3 of the List of Wastes Decision, is to be treated for all purposes as hazardous waste in Wales.