The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations 2023

Welsh Statutory Instruments

2023 No. 1289 (W. 227)

Environmental Protection, Wales

The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations 2023

Made

29 November 2023

Coming into force

6 April 2024

The Welsh Ministers make these Regulations(1) in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 1999(2) (“the 1999 Act”), sections 39, 42, 52 to 55 and 62(2) of the Regulatory Enforcement and Sanctions Act 2008(3) (“the 2008 Act”) and sections 9(1) and 9A(1) of the Waste (Wales) Measure 2010(4) (“the 2010 Measure”).

The Welsh Ministers have consulted in accordance with section 2(4) of the 1999 Act, sections 59(3) and 60 of the 2008 Act(5) and section 11 of the 2010 Measure.

The Welsh Ministers are satisfied (in accordance with section 66 of the 2008 Act) that Natural Resources Wales and local authorities (who are the regulators for the purpose of these Regulations) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by these Regulations.

In accordance with section 2(8) of the 1999 Act(6), section 62(3) of the 2008 Act(7) and section 20(3)(8) of the 2010 Measure, a draft of these Regulations has been laid before, and approved by a resolution of, Senedd Cymru.

(1)

The power to make orders under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (c. 13) may be exercised to make regulations by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4).

(2)

1999 c. 24. Section 2, amended by S.I. 2013/755 (W. 90); there are other amending instruments but none is relevant. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales, except in relation to offshore oil and gas exploration and exploitation, by virtue of article 3(1) of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). Functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

2008 c. 13. Sections 39 and 42 were amended by paragraph 12 of Schedule 5 to S.I. 2015/664. “Prescribed” is defined in section 71(1) of that Act.

(4)

2010 nawm 8; section 9A was inserted by section 67 of the Environment (Wales) Act 2016 (anaw 3).

(5)

Section 71(1) of the 2008 Act provides that “relevant authority” means, in relation to provision made under or by virtue of Part 3 by the Welsh Ministers, the Welsh Ministers.

(6)

The reference in section 2(8) of the 1999 Act to approval by each House of Parliament has effect in relation to the exercise of functions by the Welsh Ministers as if it were a reference to approval by Senedd Cymru, by virtue of section 150A(2) of, and paragraph 33 of Schedule 11 to, the Government of Wales Act 2006.

(7)

The reference in section 62(3) of the 2008 Act to the National Assembly for Wales now has effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the Government of Wales Act 2006.

(8)

The reference in section 20(3) of the 2010 Measure to the National Assembly for Wales now has effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the Government of Wales Act 2006.