The Hazardous Waste (Wales) Regulations 2005
| Jurisdiction | Wales |
| Citation | SI 2005/1806 (W138) |
| Year | 2005 |
2005 No. 1806 (W.138)
ENVIRONMENTAL PROTECTION, WALES
The Hazardous Waste (Wales) Regulations 2005
Made 5th July 2005
Coming into force in accordance with regulation 1(1)
The National Assembly for Wales, being designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on it by section 2(2) of that Act, makes the following Regulations:
PART 1
GENERAL
Title, commencement, and application
1.—(1) The title of these Regulations is the Hazardous Waste (Wales) Regulations 2005.
(2) These Regulations come into force as follows—
(i)
(i) Parts 1, 2, paragraph 1 of Part 1 of Schedule 12 and, for the purposes of that paragraph only, in Part 5, regulation 59(3) and Schedule 9 and regulation 74 on 6 July 2005; and
(ii)
(ii) the remainder, on 16 July 2005.
(3) These regulations apply in relation to Wales.
The Waste Directive and the meaning of Waste
2.—(1) For the purposes of these Regulations —
(a)
(a) “the Waste Directive” (“y Gyfarwyddeb Wastraff”) means Council Directive 75/442/EEC3on waste as amended by —
(i) Council Directives 91/156/EEC4and 91/692/EEC5;
(ii) Commission Decision 96/350/EC6; and
(iii) Regulation (EC) No 1882/20037; and
(b)
(b) “waste” (“gwastraff”) means anything that—
(i) is waste8for the purposes of the Waste Directive; and
(ii) subject to regulation 15, is not excluded from the scope of that Directive by Article 2 of that Directive.
(2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions laid down in Article 4 of that Directive, that is to say, to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular—
(a)
(a) without risk to water, air, soil and plants and animals;
(b)
(b) without causing a nuisance through noise or odours; and
(c)
(c) without adversely affecting the countryside or places of special interest.
The Hazardous Waste Directive
3.—(1) In these Regulations, “the Hazardous Waste Directive” means Council Directive 91/689/EEC9on hazardous waste, as amended by Council Directive 94/31/EC10.
(2) A reference in these Regulations to—
(a)
(a) Annex I, Annex II or Annex III is a reference to the annex to the Hazardous Waste Directive so numbered, as that annex is set out in these Regulations as follows—
(i) Schedule 1, which sets out Annex I (Categories or generic types of hazardous waste listed according to their nature or the activity which generated them);
(ii) Schedule 2, which sets out Annex II (Constituents of the wastes in Annex I.B which render them hazardous when they have the properties described in Annex III); and
(iii) Schedule 3, which sets out Annex III (Properties of wastes which render them hazardous);
(b)
(b) hazardous properties is a reference to the properties in Annex III as so set out.
The List of Wastes
4.—(1) In these Regulations—
“the List of Wastes Decision” (“Penderfyniad y Rhestr Wastraffoedd”) means Commission Decision 2000/532/EC11of 3 May 2000 replacing Decision 94/3/ECestablishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EECon waste and Council Decision 94/904/ECestablishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EECon hazardous waste, as amended by amendments thereto which have effect from time to time in relation to Wales pursuant to the List of Wastes Regulations;
“the List of Wastes Regulations” (“Rheoliadau'r Rhestr Wastraffoedd”) means the List of Wastes (Wales) Regulations 200512; and
“the List of Wastes” (“y Rhestr Wastraffoedd”) means the list of wastes set out in the List of Wastes Decision as it is from time to time set out in the List of Wastes Regulations, being the list referred to in the first indent of Article 1(4) of the Hazardous Waste Directive drawn up on the basis of Annexes I and II, having one or more of the properties listed in Annex III, taking account of the origin and composition of the waste and, where necessary, limit values of concentration.
(2) A reference in these Regulations in relation to any waste to—
(a)
(a) being “listed as a waste” and “listed as a hazardous waste” refers to that waste being listed as a waste, or as a hazardous waste, as the case may be, in the List of Wastes, provided, in the case of a waste to which a limit value of concentration applies, it is only to be considered to be listed as a hazardous waste where the relevant limit value of concentration is satisfied;
(b)
(b) being “not listed as hazardous” refers to that waste being not listed as a hazardous waste in the List of Wastes, whether or not it is listed as a waste, and whether or not it is otherwise a hazardous waste pursuant to these Regulations;
and cognate expressions are to be construed accordingly.
General Interpretation
5.—(1) In these Regulations—
“the 1990 Act” (“Deddf 1990”) means the Environmental Protection Act 199013;
“the 1995 Act” (“Deddf 1995”) means the Environment Act 199514;
“the 1994 Regulations” (“Rheoliadau 1994”) means the Waste Management Licensing Regulations 199415;
“the 1996 Regulations” (“Rheoliadau 1996”) means the Special Waste Regulations 199616;
“the Agency” (“yr Asiantaeth”) means the Environment Agency;
“asbestos waste” (“gwastraff asbestos”) means waste which contains or is contaminated by asbestos;
“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;
“authorised person” (“person awdurdodedig”) has the meaning given by section 108(15) of the 1995 Act;
“business day” (“diwrnod busnes”) means any day other than any—
(a) Saturday or Sunday;
(b) Good Friday or Christmas Day;
(c) day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 197117; or
(d) other public holiday;
“carrier” (“cludwr”), in relation to a consignment of hazardous waste, means a person who takes one or more of the following actions, that is to say, collects the consignment from the premises at which it was produced or premises at which it is being held, delivers it to the consignee, or transports it in the course of its transfer from those premises to the consignee;
“consignee” (“traddodai”), in relation to a consignment of hazardous waste, means the person to whom the waste is or is to be transferred for recovery or disposal;
“consignment code” (“cod traddodi”) is to be construed in accordance with regulation 34(1);
“consignment note” (“nodyn traddodi”), in relation to a consignment of hazardous waste, means the identification form which is required to accompany the hazardous waste when it is transferred pursuant to Article 5(3)18of the Hazardous Waste Directive;
“consignor”(“traddodwr”), in relation to a consignment of hazardous waste, means the person who causes that waste to be removed from the premises at which it was produced or is being held;
“emergency or grave danger” (“argyfwng neu berygl difrifol”) has the meaning given by regulation 61;
“emergency services” (“gwasanaethau brys”) means those police, fire and ambulance services who are liable to be required to respond to an emergency;
“harbour area” (“ardal harbwr”) has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 198719;
“hazardous waste” (“gwastraff peryglus”) is to be construed in accordance with regulation 6;
“mixing” (“cymysgu”) is to be construed in accordance with regulation 18;
“mobile service” (“gwasanaeth symudol”) means a service operated from premises which consists of any one or more of the following activities, that is to say, the construction, maintenance or repair of any other premises, or of any fixtures, fittings or equipment located on those other premises, being a service in the course of which the operator of the service produces hazardous waste at those other premises;
“multiple collection” (“amlgasgliad”) has the meaning given by regulation 38;
“multiple collection consignment note” (“nodyn traddodi amlgasgliad”) means the consignment note set out in Schedule 6 and required to be used in relation to multiple collections;
“non-hazardous waste” (“gwastraff nad yw'n beryglus”) has the meaning given by regulation 7;
“premises” (“mangre”) includes any ship and any other means of transport from which a mobile service is operated;
“quarter” (“chwarter”) means any period of three months ending on 31 March, 30 June, 30 September or 31 December;
“registered exemption” (“esemptiad cofrestredig”) means an activity set out in Schedule 3 to the 1994 Regulations which is registered with the appropriate registration authority in accordance with those Regulations;
“schedule of carriers” (“atodlen y cludwyr”) means the form of schedule set out in Schedule 5 and required to be completed where more than one carrier transports, or is to transport, the consignment;
“SEPA” (“SEPA”) means the Scottish Environment Protection Agency;
“ship” (“llong”) means a vessel of any type whatsoever including submersible craft, floating craft and any structure which is a fixed or floating platform;
“six digit code” (“cod chwe digid”) means the six digit code referable to a type of waste in accordance with the List of Wastes, and in relation to hazardous waste, includes the asterisk;
“SIC” (“SIC”) means the publication entitled “the UK Standard Industrial Classification of Economic Activities 2003” prepared by the Office of National Statistics and published by Her Majesty’s Stationery Office on 31 December 2002 and implemented on 1 January 200320;
“United Kingdom...
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