Explanatory Note
(This note is not part of the Regulations)
These Regulations are made under section 2(2) of the European Communities Act 1972. Their main aim is to implement, in relation to Wales, Article 8 of Council Directive 75/442/EEC on waste(1) (the “Waste Framework Directive”) as respects an occupier of domestic property in relation to the household waste produced on the property.
Regulation 1 (title and commencement) provides that these Regulations come into force on 26 January 2006 and apply in relation to Wales.
Regulation 2 amends section 34 of the Environmental Protection Act 1990 (“the 1990 Act”). Section 34(2A) of the 1990 Act (as inserted by the Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005(2)) imposes a duty on an occupier of domestic property in England as respects the household waste produced on the property. The duty imposed is to take all such measures available to him or her as are reasonable in the circumstances to secure that any transfer by him or her of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes. Regulation 2(2) extends that duty to any occupier of domestic property in Wales. Any person who fails to comply with that duty is liable to penalties, according to section 34(6) of the 1990 Act.
Regulation 3(1) makes consequential amendments to regulation 2(2) of the Controlled Waste Regulations 1992(3).
A regulatory appraisal of the effect that this instrument will have on the costs of business has been prepared and is available from the Environment — Protection and Quality Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.
O.J. No. L194, 25.7.1975, p.39 (as amended by Council Directives 91/156/EEC (O.J. No. L78, 26.3.1991, p.32), 91/692/EEC (O.J. No. L377, 31.12.1991, p.48 (as corrected by Corrigendum, O.J. No. L146, 13.6.2003, p.52)), Commission Decision 96/350/EEC (O.J. No. L135, 6.6.1996, p.32) and Regulation (EC) No. 1882/2003 (O.J. No. L284, 31.10.2003 p.1 )).