The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015

Welsh Statutory Instruments

2015 No. 1417 (W. 141)

Environmental Protection, Wales

The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015

Made

24 June 2015

Laid before the National Assembly for Wales

26 June 2015

Coming into force

20 July 2015

The Welsh Ministers have, in accordance with section 2(4) of the Pollution Prevention and Control Act 1999(1) (“the PPCA1999”) consulted—

(a) the Natural Resources Body for Wales;

(b) such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and

(c) such other bodies or persons as they consider appropriate.

The Welsh Ministers have also, in accordance with section 27(2) and (4) of the Waste and Emissions Trading Act 2003(2) (“the WETA 2003”) consulted—

(a) such bodies or persons appearing to them to be representative of the interests of waste disposal authorities in their area as they consider appropriate;

(b) such bodies or persons appearing to them to be representative of the interests of persons concerned in the operation of landfills in their area as they consider appropriate; and

(c) such bodies or persons appearing to them to be representative of any other affected persons as they consider appropriate.

The Welsh Ministers are designated(3) for the purposes of section 2(2) of the European Communities Act 1972(4)(“the ECA 1972”) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste(5) and the prevention, reduction and management of waste(6).

These Regulations make provision for a purpose mentioned in section 2(2) of the ECA 1972, and it appears to the Welsh Ministers that it is expedient for references to Commission Decision 2000/532/EC(7), referred to in regulations 2(2), 3(4), 4(4)(a), 5(2) and 6, to be construed as references to that instrument as amended from time to time.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of and paragraph 1A of Schedule 2 to the ECA 1972, section 75(8) of the Environmental Protection Act 1990(8), section 2 of and Schedule 1 to the PPCA 1999 and sections 11, 12 and 13 of the WETA 2003.

(1)

1999 c. 24.

(2)

2003 c. 33.

(3)

By virtue of section 59(2) of the Government of Wales Act 2006 (c.32) (“GOWA 2006”) the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 (c.68) (“the ECA 1972”) in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose. Paragraph 28(1) of Schedule 11 to GOWA 2006 provides that designations made under section 2(2) of the ECA 1972 by virtue of section 29 (1) of the Government of Wales Act 1998 (c.38) which are in force immediately before the commencement of the repeal of that subsection by GOWA 2006 continue to have effect after the commencement of that repeal as if made by virtue of section 59(1) of GOWA 2006.

(4)

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

(5)

S.I. 2005/850.

(6)

S.I. 2010/1552.

(7)

OJ No L 226, 6.9.2000, p. 3, as last amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.14, p. 44).

(8)

1990 c. 43.