The List of Wastes (England) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/895 |
| Year | 2005 |
(1) These Regulations may be cited as the List of Wastes (England) Regulations 2005 and come into force on 16th July 2005.(2) These Regulations apply to England only.Council Directives 91/156/EEC and 91/692/EEC;Commission Decision 96/350/EC; andRegulation (EC) No 1882/2003;Directive 67/548/EEC (the Dangerous Substances Directive, which is referred to in the Introduction to the List) means Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by Council Regulation (EC) No. 807/2003; andan annex of the Hazardous Waste Directive is a reference to that annex as it is for the time being set out in the relevant schedule to the Hazardous Waste (England) Regulations; andhazardous properties is a reference to the properties in Annex III as so set out.Commission Decision 2001/118/EC;Commission Decision 2001/119/EC; andCouncil Decision 2001/573/EC;in relation to wastes belonging to the categories listed in Annex I (Categories of Waste) of the Waste Framework Directive, by the Commission, acting in accordance with the procedure laid down in Article 18 of that Directive;Annex I (Categories or generic types of hazardous waste listed according to their nature or the activity which generated them) to the Hazardous Waste Directive; andAnnex II (Constituents of the wastes in Annex 1.B. which render them hazardous when they have the properties described in Annex III) to the Hazardous Waste Directive,“the Hazardous Waste Regulations” means the Hazardous Waste (England and Wales) Regulations 2005 ;“hazardous waste” has the meaning given by regulation 6 of the Hazardous Waste Regulations;“waste” has the meaning given by regulation 2(1) (b) of the Hazardous Waste Regulations; and“dangerous substance” means, notwithstanding paragraph 5 of the Introduction to the List, a substance which for the time being is a dangerous substance within the meaning of regulation 2 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 .the determination of whether a material or substance is a waste or a hazardous waste, as the case may be;the classification and coding of wastes and hazardous waste,(2) Paragraph (1) is without prejudice to any regulations made under section 62A(1) of the Environmental Protection Act 1990 the interpretation of the List of Wastes;the determination of whether a material or substance is a waste or a hazardous waste, as the case may be; andthe identification of a waste or hazardous waste, as the case may be.any reference to a waste by its six-digit code as specified in the List of Wastes is to be treated as a reference to that waste; anda reference to wastes by the respective two-digit or four-digit chapter heading is a reference to the wastes listed in the List of Wastes under that chapter heading.(5) Where any provision (howsoever expressed) of an enactment imposes a requirement that the six digit code be given, or authorises any action to be taken or requirement to be dispensed with on condition that the six digit code is given, that requirement or condition shall not be taken to have been complied with unless the code given is the code for the waste, or hazardous waste, as the case may be, in the List of Wastes.
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