The Hazardous Waste (Wales) Regulations 2005

E+W

Welsh Statutory Instruments

2005 No. 1806 (W.138)

ENVIRONMENTAL PROTECTION, WALES

The Hazardous Waste (Wales) Regulations 2005

Made

5 July 2005

Coming into force in accordance with regulation 1(1)

The National Assembly for Wales, being designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in 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 E+WGENERAL

Title, commencement, and applicationE+W

1.—(1) The title of these Regulations is the Hazardous Waste (Wales) Regulations 2005.

(2) These Regulations come into force as follows—

(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)the remainder, on 16 July 2005.

(3) These regulations apply in relation to Wales.

The Waste Directive and the meaning of WasteE+W

2.—(1) For the purposes of these Regulations —

(a)the Waste Directive” (“y Gyfarwyddeb Wastraff”) means Council Directive 75/442/EEC F3 on waste as amended by —

(i)Council Directives 91/156/EEC F4 and 91/692/EEC F5;

(ii)Commission Decision 96/350/EC F6; and

(iii)Regulation (EC) No 1882/2003 F7; and

(b)waste” (“gwastraff”) means anything that—

(i)is waste F8 for 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)without risk to water, air, soil and plants and animals;

(b)without causing a nuisance through noise or odours; and

(c)without adversely affecting the countryside or places of special interest.

F3OJ No. L 194, 25.7.1975, p.39.

F4OJ No. L 78, 26.3.1991, p.32.

F5OL No. L 377.31.12.1991, p.48 (as corrected by Corrigendum, OJ No. L 146, 13.6.2003, p.52).

F6OJ. No. L 135, 6.6.1996, p.32.

F7OJ No. L 284, 31.10.2003, p.1.

F8Article 1(a) of the Waste Directive defines waste as any substance or object in the categories set out in Annex I (Categories of Waste) to that Directive which the holder discards or intends or is required to discard.

The Hazardous Waste DirectiveE+W

3.—(1) In these Regulations, “the Hazardous Waste Directive” means Council Directive 91/689/EEC F9 on hazardous waste, as amended by Council Directive 94/31/EC F10.

(2) A reference in these Regulations to—

(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)hazardous properties is a reference to the properties in Annex III as so set out.

F9OJ No. L 377, 31.12.1991, p.20 (as corrected by Corrigendum to Directive 91/689/EC (OJ No. L 23 30.1.1998 p.39).

F10OJ No. L 168, 2.7.1994, p.28.

The List of WastesE+W

4.—(1) In these Regulations—

the List of Wastes Decision” (“Penderfyniad y Rhestr Wastraffoedd”) means Commission Decision 2000/532/EC F11 of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on 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 2005 F12; 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)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)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.

F11OJ No. L 226, 6.9.2000, p.3.

General InterpretationE+W

5.—(1) In these Regulations—

the 1990 Act” (“Deddf 1990”) means the Environmental Protection Act 1990 F13;

the 1995 Act” (“Deddf 1995”) means the Environment Act 1995 F14;

the 1994 Regulations” (“Rheoliadau 1994”) means the Waste Management Licensing Regulations 1994 F15;

the 1996 Regulations” (“Rheoliadau 1996”) means the Special Waste Regulations 1996 F16;

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 1971 F17; 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) F18 of 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 1987 F19;

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 2003 F20;

United Kingdom ship” (“llong y Deyrnas Unedig”) has the meaning given by section 1 of the Merchant Shipping Act 1995 F21;

waste management licence” (“trwydded rheoli gwastraff”) has the meaning given by section 35(1) of the 1990 Act;

waste permit” (“trwydded gwastraff”) has the same meaning as in Schedule 4 to the 1994 Regulations.

(2) In these Regulations, the following expressions (being the expressions defined in Article 1(b) to (g) of the Waste Directive) have the same meanings as they have in that directive, that is to say—

producer” (“cynhyrchydd”) means anyone whose activities produce waste (“original producer”) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;

holder” (“deiliad”) means the producer of the waste or the person who is in possession of it;

management” (“rheoli”) means the collection, transport, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites;

disposal” (“gwaredu”) means any of the operations provided for in Annex IIA of the Waste Directive;

recovery” (“adfer”) means any of the operations provided for in Annex IIB of the Waste Directive F22;

collection” (“casglu”) means the gathering, sorting or mixing of waste or any one or more of those operations, for the purpose of transport,

and expressions cognate to these expressions are to be construed accordingly.

(3) In these Regulations—

(a)any document which is to be provided or given to any person (other than a fixed penalty notice under Part 10) may be provided or given to that person in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(b)any requirement to make, keep or retain a record or to maintain a register may be satisfied in electronic form if the text is capable of being produced by that person in a visible and legible documentary form;

(c)any requirement for a signature on a notification, consignment note, schedule of carriers or multiple collection consignment note, may be satisfied by an electronic signature incorporated into the document; and

(d)electronic signature” (“llofnod electronig”) means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

F15S.I. 1994/1056. Relevant amending instruments are S.I. 1994/1137; 1995/288, 1995/1950, 1996/634, 1996/972, 1996/1279, 1997/2203, 1998/606, 1998/2746, 2000/1973, 2001/503, 2002/674, 2002/1559 and 2005/883.

F16SI 1996/972 as amended by S.I. 1996/2019, 1997/251, 2001/3148.

F18The consignment note is required by Article 5(3) to contain the details specified in Commission Decision 94/774/EC (OJ No. L 310, 3/12/1994 p.70; this decision is expected to be replaced in June 2005). The relevant requirements are contained in Schedule 4 to these Regulations.

F19S.I. 1987/37, to which there are amendments not relevant to these Regulations.

F20ISBN 0116216417.

F22The meaning of “disposal” and “recovery” has been interpreted by the European Court of Justice in C-6/00. The Court held (at paragraph 60 of the judgment) “...the intention of Annexes II A and II B to the Directive is to list the most common disposal and recovery operations and not precisely and exhaustively to specify all the disposal and recovery operations covered by the Directive.”.

PART 2 E+WHAZARDOUS AND NON-HAZARDOUS WASTE

Hazardous wasteE+W

6.  Subject to regulation 9, a waste is a hazardous waste if it is—

(a)listed as a hazardous waste in the List of Wastes F23;

(b)listed in regulations made under section 62A(1) of the 1990 Act; or

(c)a specific batch of waste which is determined pursuant to regulation 8 to be a hazardous waste,

and the term “hazardous” and cognate expressions are to be construed accordingly.

F23Wastes listed as hazardous in the List of Wastes are considered hazardous pursuant to the first indent of Article 1.4 of the Hazardous Waste Directive.

Non-hazardous wasteE+W

7.  The following are non-hazardous waste—

(a)a waste which is not a hazardous waste pursuant to regulation 6; or

(b)a specific batch of waste which is determined pursuant to regulation 9 to be a non-hazardous waste,

and the expression “non-hazardous” and cognate expressions are to be construed accordingly.

Specific waste to be treated as hazardousE+W

8.—(1) The Assembly, having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in Wales which-—

(a)is not listed in the List of Wastes;

(b)is not listed in regulations made under section 62A(1) of the 1990 Act; or

(c)though of a type listed as a hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 9(2),

displays one or more of the hazardous properties, and accordingly that it is to be treated for all purposes as hazardous waste.

(2) A specific batch of waste produced in England, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined by the Secretary of State, the Scottish Executive or the Northern Ireland Department of the Environment, as the case may be, to be hazardous pursuant to Article 3 of the List of Wastes Decision, is to be treated for all purposes as hazardous waste in Wales.

Specific waste to be treated as non-hazardousE+W

9.—(1) The Assembly may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to Annexes I, II and III and the limit values of concentration in the List of Wastes, that a specific batch of waste in Wales which—

(a)is listed as hazardous waste in the List of Wastes;

(b)is listed in regulations made under section 62A(1) of the 1990 Act; or

(c)through of a type not listed as a hazardous waste in the List of Wastes, is treated as hazardous pursuant to regulation 8(2),

does not display any of the properties listed in Annex III to the Hazardous Waste Directive and accordingly that it is to be treated for all purposes as non-hazardous in Wales.

(2) A specific batch of waste produced in England, Scotland or Northern Ireland and listed as a hazardous waste in the List of Wastes and which is for the time being determined by the Secretary of State, the Scottish Executive, or the Northern Ireland Department of the Environment, as the case may be, to be non-hazardous pursuant to Article 3 of the List of Wastes Decision, is, subject to any determination made under regulation 8, to be treated for all purposes as non-hazardous in Wales.

Provisions common to regulations 8 and 9E+W

10.—(1) The Assembly may revoke a determination made under regulation 8 or 9.

(2) The Assembly must, before making a determination under regulation 8 or 9 or revoking such a determination, except where it considers it inappropriate to do so on account of the nature of any emergency or grave danger, consult—

(a)the requisite bodies;

(b)the holder of the specific batch of waste; and

(c)any other person appearing to it—

(i)to have an interest in the specific waste; or

(ii)to be otherwise directly affected by the determination.

(3) The Assembly must give notice of any determination made under regulation 8 or 9 or revocation made under regulation 8 or 9 to—

(a)the requisite bodies;

(b)the holder of the batch of waste concerned; and

(c)any person it has consulted pursuant to paragraph (2)(c).

(4) The notice must give reasons for the determination or revocation, as the case may be.

Requisite bodiesE+W

11.  For the purposes of this Part, the “requisite bodies” are—

(a)the Agency;

(b)SEPA;

(c)The Secretary of State;

(d)the Scottish Executive;

(e)the Northern Ireland Department of the Environment F24;

(f)the Health and Safety Executive; and

(g)any organisation appearing to the Assembly to be representative of persons likely to be affected by the relevant determination, or revocation of a determination, as the case may be.

F24The Northern Ireland Department of the Environment includes its executive agency the Environmental Heritage Service.

PART 3 E+WAPPLICATION OF PARTS 4 TO 10

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PART 4 E+WMIXING HAZARDOUS WASTE

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PART 5 E+WNOTIFICATION OF PREMISES

Requirement to notify premisesE+W

21.—(1) Where hazardous waste is produced at, or removed from, any premises other than exempt premises, the premises must be notified to the Agency in accordance with the requirements of this Part.

(2) Premises duly notified to the Agency in accordance with this Part are notified premises for the purposes of these Regulations for the period of twelve months (“the period of notification”) commencing at the effective time and ending at the end of the last day of that twelve month period.

(3) It is the duty of a hazardous waste producer to notify the relevant premises in accordance with regulations 24 and 26 if they have not otherwise already been notified.

(4) Without prejudice to paragraph (3), a consignor may, in the circumstances described in regulation 25, notify the site premises in accordance with that regulation and regulation 26.

Prohibition on removal of hazardous waste from premises unless notified or exemptE+W

22.—(1) Subject to paragraph (2), no person may remove, or cause to be removed, or transport hazardous waste from any premises unless those premises are, at the time of removal of the waste, notified premises or exempt premises.

(2) Paragraph (1) does not apply to the removal or transport of hazardous waste from any premises if the waste was deposited at those premises in contravention of section 33 of the 1990 Act other than in purported compliance with a waste management licence or registered exemption.

Exemption from the requirement to notifyE+W

23.—(1) Exempt premises need not be notified to the Agency pursuant to this Part.

(2) Premises of a description referred to in paragraph (3) are, to the extent specified in that paragraph, exempt premises for the time being if—

(a)(other than in relation to a ship), the qualifying limitation is observed; and

(b)no hazardous waste is removed from the premises by any person other than—

(i)a registered carrier; or

(ii)a carrier exempt from the requirement to register as a registered carrier pursuant to the Control of Pollution (Amendment) Act 1989 F29.

(3) The descriptions of premises are—

(a)office premises, to the extent that the hazardous waste arises from the use of the premises as an office;

(b)shop premises, to the extent that the hazardous waste arises from the use of the premises as a shop;

(c)premises used for agriculture within the meaning of the Agriculture Act 1947 F30, to the extent that the hazardous waste arises from the use of the premises for agriculture;

(d)premises of a description listed in—

(i)paragraphs (a) to (e) of section 75(5) of the 1990 Act; or

(ii)Schedule 1 to the Controlled Waste Regulations 1992 F31,

(e)premises at which waste electrical and electronic equipment is collected, to the extent that the premises are used for that purpose;

(f)premises used by a dental, veterinary or medical practice, to the extent that the premises are used for that purpose; and

(g)any ship.

F31S.I. 1992/588. Regulation 2 was amended by regulation 24(3) of S.I. 1994/1056; there are other amendments to S.I. 1992/588 not relevant to these Regulations.

Notification by producerE+W

24.—(1) Subject to paragraph (2), a hazardous waste producer must notify to the Agency the site premises or, where he or she operates a mobile service and elects to treat service premises as the relevant premises in relation to any related premises, the service premises—

(a)before the first occasion on which he or she produces hazardous waste on the site premises, or, in the case of notification of service premises, on any of the related site premises, as the case may require;

(b)where the relevant premises have previously been notified premises, but the period of notification has expired, before the next occasion on which he or she produces hazardous waste on the site premises or any of the related premises, as the case may require;

(c)where the premises cease to be exempt premises, before the next occasion on which he or she produces hazardous waste on those premises; or

(d)where the notified premises cease to be service premises in relation to any related premises on account of the qualifying limitation provided for in regulation 30 being exceeded in relation to those related premises, before those limitations are exceeded.

(2) Where it is not reasonably foreseeable that the producer's activities will produce hazardous waste, paragraph (1) applies as if for “before” on each occasion that it occurs, there were substituted “ as soon as reasonably practicable after ”.

Notification by consignorE+W

25.—(1) A consignor who proposes to remove, or cause to be removed, any hazardous waste from any premises must notify those premises to the Agency if—

(a)they are the site premises and the producer is not known or cannot be located without unreasonable inconvenience or expense; or

(b)the waste was not produced at those premises.

Common provisions on notificationsE+W

26.—(1) This regulation applies whether notification is given by or on behalf of the producer or consignor.

(2) Notification of the relevant premises may be given in writing or by telephone.

(3) Notification may not without the consent of the Agency be given more than one month in advance of the effective time.

(4) The person giving notification must provide to the Agency the following information—

(a)his or her name and address and details of how he or she can be contacted, and where he or she is giving notification on behalf of another person, the name and address of that person and details of how that person can be contacted;

(b)the address of the premises being notified;

(c)the classification of the premises in accordance with the SIC; and

(d)such other information as the Agency may reasonably require in connection with its functions of monitoring the movement of hazardous waste, or carrying out inspections pursuant to regulation 56 of these Regulations or paragraph 13 of Schedule 4 to the 1994 Regulations.

(5) If there are any changes in the information provided pursuant to paragraph (4) during the period of notification, the premises are not to be treated as notified until the Agency have received the updated information such that the requirements of paragraph (4) are met.

(6) The Agency may prescribe a model format for notifications of premises in writing and, where for the time being a format is prescribed pursuant to this paragraph—

(a)the Agency must publish the model format on its website and in such other manner as it may consider appropriate for informing persons required to notify premises of its content; and

(b)the Agency is not obliged to consider any notification unless it is made in that model format, or in a format substantially to like effect.

(7) The person giving notification must pay to the Agency the relevant fee payable in respect of the notification of premises at the same time as giving notification (but no fees are payable in relation to information provided pursuant to paragraph (5)).

(8) The Agency must inform on request a person who is the holder of hazardous waste or who carries on the business of consigning or collecting hazardous waste whether any premises from which that person proposes to remove, cause to be removed or transport any hazardous waste, and if so, the particulars held by the Agency concerning the person who notified the premises and the effective time of notification.

Premises codeE+W

27.—(1) When notification of relevant premises is duly made to and the relevant fee received by the Agency, it must on receipt thereof issue to the person making the notification a registration code, being a code unique to those premises (a “premises code”).

(2) The premises code may consist of letters, numbers or symbols, or any combination of letters, numbers and symbols.

Effective timeE+W

28.—(1) Subject to paragraph (2) of this Regulation and without prejudice to regulation 26(3), the time at which notification takes effect (“the effective time”) is—

(a)where a previous period of notification remains in force, on the expiration of that period;

(b)where the person giving notification requests a date for commencement, at the beginning of the date so requested;

(c)in any other case, at the beginning of the fourth business day following the day on which notification is given.

(2) A notification cannot take effect before the time at which the Agency issues the premises code for the period covered by the notification.

Mobile servicesE+W

29.—(1) Where the producer of the hazardous waste operates a mobile service, premises to which paragraph (2) applies (“service premises”) are the relevant premises in relation to any related premises whilst that mobile service is operated within the qualifying limitation and the tenure restriction is observed in relation to each related premises.

(2) The premises to which this paragraph applies are—

(a)the premises from which the mobile service is operated; or

(b)where the mobile service is operated from more than one set of premises, the producer's principal place of business.

(3) Where any premises are both—

(a)site premises apart from the mobile service; and

(b)service premises in relation to the mobile service,

a single notification may be made.

The qualifying limitationE+W

30.—(1) The qualifying limitation for—

(a)a mobile service is that the total quantity of hazardous waste produced in the course of that service at any one set of related premises is less than 200kg in any period of twelve months; and

(b)any exempt premises is that the total quantity of hazardous waste produced at the premises is less than 200kg in any period of twelve months.

(2) Hazardous waste produced at shop premises by customers of the occupier are to be treated as being produced by the occupier for the purposes of this Regulation.

The tenure restrictionE+W

31.  The tenure restriction is that the operator of the mobile service neither owns nor occupies those related premises.

General interpretation of Part 5E+W

32.  In this Part—

the 1963 Act” (“Deddf 1963”) means the Offices, Shops and Railway Premises Act 1963 F32;

effective time” (“amser effeithiol”) has the meaning given by regulation 28;

exempt premises” (“mangre esempt”) has the meaning given by regulation 23;

notified premises” (“mangre a hysbyswyd”) has the meaning given by regulation 21(2);

office premises” (“mangre swyddfa”) has the meaning given by section 1(2)(a) of the 1963 Act;

period of notification” (“cyfnod hysbysu”) has the meaning given by regulation 21(2);

registered carrier” (“cludwr cofrestredig”) means a carrier registered pursuant to the Control of Pollution (Amendment) Act 1989 F33;

related premises” (“mangre gysylltiedig”) means the site premises at which a mobile service produces waste for which relevant premises are service premises in accordance with regulation 29;

relevant premises” (“mangre berthnasol”) means the premises which the producer or consignor is required to notify;

relevant fee” (“ffi berthnasol”) means the fee payable in accordance with a scheme made pursuant to section 41 of the 1995 Act;

service premises” (“mangre gwasanaeth”) has the meaning given by regulation 29(1);

shop premises” (“mangre siop”) has the meaning given by section 1(3) of the 1963 Act;

site premises” (“mangre safle”) means the premises at which hazardous waste is produced; and

waste electrical and electronic equipment” (“cyfarpar gwastraff trydanol ac electronig”) has the same meaning as in Directive 2002/96/EC F34.

F34OJ No. L 037, 13.12.2003, p.24.

PART 6 E+WMOVEMENT OF HAZARDOUS WASTE

Consignment codesE+W

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Consignment codesE+W

Documents to be completed for consignmentsE+W

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Schedule of carriersE+W

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Removal of ships' wastes to reception facilitiesE+W

Removal of ships' wastes other than to reception facilitiesE+W

Removal of wastes by pipelineE+W

Rejected consignmentsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to deliver within time limitE+W

Duty to deliver consignment promptlyE+W

Cross-border movementsE+W

Cross-border movement of hazardous wasteE+W

PART 7 E+WRECORDS AND RETURNS

Site recordsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Producer and transport recordsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consignee's return to the producer, holder or consignorE+W

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PART 8 E+WTHE AGENCY'S FUNCTIONS

InspectionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FeesE+W

59.—(1) Section 41 of the 1995 Act (power to make schemes imposing charges) is amended as follows.

(2) For subsection (1)(c) substitute—

(c)as a means of recovering costs incurred by it in performing functions conferred by regulations made for the purpose of implementing Council Directive 91/689/EEC the Agency may require the payment to it of such charges as may from time to time be prescribed;.

(3) Schedule 9 has effect to make provision in relation to fees to be charged by the Agency in connection with these Regulations until a charging scheme under section 41 of the 1995 Act to recover the costs incurred by the Agency in performing functions under these Regulations takes effect.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9 E+WEMERGENCIES AND GRAVE DANGER

GeneralE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 10 E+WENFORCEMENT

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DefencesE+W

Liability of persons other than the principal offenderE+W

False and misleading informationE+W

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PART 11 E+WFINAL PROVISIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and savingsE+W

Consequential AmendmentsE+W

Transitional ProvisionsE+W

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F36

D. Elis-Thomas

The Presiding Officer of the National Assembly

5 July 2005

Regulation 3(2)(a)(i)

SCHEDULE 1E+WANNEX I OF THE HAZARDOUS WASTE DIRECTIVE

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Regulation 3(2)(a)(ii)

SCHEDULE 2E+WANNEX II OF THE HAZARDOUS WASTE DIRECTIVE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 3(2)(a)(iii)

SCHEDULE 3E+WANNEX III OF THE HAZARDOUS WASTE DIRECTIVE

“ANNEX III E+WPROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

H1 “Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2 “Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3-A “Highly flammable”:
  — liquid substances and preparations having a flash point below 21 °C (including extremely flammable liquids), or
  — substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or
  — solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or
  — gaseous substances and preparations which are flammable in air at normal pressure, or
  — substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3-B and “Flammable”: liquid substances and preparations having a flash point equal to or greater than 21 °C less than or equal to 55 °C.
H4 “Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5 “harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6 “Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7 “Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8 “Corrosive”: substances and preparations which may destroy living tissue on contacts.
H9 “Infectious”: substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10 “Teratogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11 “Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12 Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid.
H13 Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.
H14 “Ecotoxic”: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

1.  Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, part I A and part II B, of Council Directive 67/548/EEC of 27 June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances F37, in the version as amended by Council Directive 79/831/EEC F38.E+W

2.  With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (part II D) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC F39.E+W

Test methods

The test methods serve to give specific meaning to the definitions given in Annex III.

The methods to be used are those described in Annex V to Directive 67/548/EEC,in the version as amended by Commission Directive 84/449/EEC F40, or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.

....................

Regulation 35(2)

SCHEDULE 4E+WFORM OF CONSIGNMENT NOTE

HAZARDOUS WASTE (WALES) REGULATIONS 2005E+W

Regulation 35(3)

SCHEDULE 5E+WSCHEDULE OF CARRIERS

Regulation 35(4)

SCHEDULE 6E+WFORM OF MULTIPLE COLLECTION CONSIGNMENT NOTE/

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Regulation 46

SCHEDULE 7E+WUK CROSS-BORDER MOVEMENT OF HAZARDOUS WASTE

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2.  Any requirement in Part 6 to complete a consignment note for a cross-border consignment may be satisfied by including the information—E+W

(a)on the cross-border consignment note; or

(b)where that is not possible, on a separate form prepared for that purpose.

3.  Any requirement to keep a copy of a consignment note for a cross-border consignment or to give a copy of the note to another person may be satisfied by keeping a copy of the cross-border consignment note or giving a copy of the note to that person.E+W

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Regulation 54

SCHEDULE 8E+WFORM OF CONSIGNEE'S RETURN TO PRODUCER OR HOLDER

Regulation 59

SCHEDULE 9E+WTRANSITIONAL CHARGES BY THE AGENCY

1.  The following paragraphs have effect in relation to the charges payable to the Agency under these Regulations.E+W

2.  The charge to be paid on the notification of premises pursuant to regulation 26 is—E+W

(a)£28 for each set of premises notified in writing;

(b)£23 for each set of premises notified by telephone; and

(c)£18 for each set of premises notified in electronic form.

3.  The charge to be paid by a consignee in respect of any consignee quarterly returns made pursuant to regulation 53 is—E+W

(a)for any return made in writing, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i)£10 for each consignment forming part of a multiple collection; and

(ii)£19 for any other consignment; and

(b)for any return made in electronic form, the sum of the following amounts for each consignment accepted by the consignee during the quarter—

(i)£5 for each consignment forming part of a multiple collection; and

(ii)£10 for any other consignment.

4.  The charge to be paid by a producer in respect of any self disposal return made pursuant to regulation 53 is—E+W

(a)for any return made in writing, £19; and

(b)for any return made in electronic form, £10.

5.  The time for payment of the fee required under paragraph 3 and 4 is the later of 30 days following—E+W

(a)the last day of the quarter to be covered by the return if a return is not submitted in accordance with regulation 53; or

(b)submission of the return in accordance with regulation 53.

6.  A consignee may recover from a consignor any fees paid under paragraph 3 in relation to consignments sent by that consignor.E+W

Regulation 70(7)

SCHEDULE 10E+WFORM OF FIXED PENALTY NOTICES/

Regulation 73

SCHEDULE 11E+WCONSEQUENTIAL AMENDMENTS

PART 1 E+WAMENDMENTS TO PRIMARY LEGISLATION

The Environmental Protection Act 1990E+W

1.  The Environmental Protection Act 1990 is amended as follows.E+W

2.  In section 75 (as amended by the Hazardous Waste (England and Wales) Regulations 2005 F42E+W

(a)in subsection (8A) for paragraph (b) substitute—

(b)in the application of this Part to Wales, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (Wales) Regulations 2005.;

(b)subsection (8B) is omitted.

The Waste and Emissions Trading Act 2003E+W

3.  The Waste and Emissions Trading Act 2003 F43 is amended as follows.E+W

4.  In section 25(2), for “for the purpose of Council Directive 91/689/EEC” substitute “ within the meaning of regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”.E+W

PART 2 E+WAMENDMENTS TO SECONDARY LEGISLATION

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991E+W

5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F44E+W

6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

The Environmental Protection (Duty of Care) Regulations 1991E+W

7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F45E+W

8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991E+W

9.  The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 F46 are amended as follows.E+W

10.  In Section 5.1 of Chapter 5 of Schedule 1—E+W

(a)in the definition of “exempt hazardous waste incineration plant”—

(i)in paragraph (ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

(ii)in paragraph (iii) for “Annex III to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 3 of the Hazardous Waste (Wales) Regulations 2005 ”;

(b)in the definition of “hazardous waste”—

(i)in the opening words, for “Article 1(4) of Directive 91/689/EEC” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

(ii)in sub-paragraph (i)(b) and paragraph (v), for “in Annex II to Directive 91/689/EEC” substitute “ in Schedule 2 to the Hazardous Waste (Wales) Regulations 2005 ”.

Waste Management Licensing Regulations 1994E+W

11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999E+W

26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F47E+W

27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)(England and Wales) Regulations 2000E+W

28.  The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) (England and Wales) Regulations 2000 F48 are amended as follows.E+W

29.  For regulation 11(3), substitute the following—E+W

(3) Subject to paragraphs (5) and (7), the Agency shall keep a register specifying the quantity, origin, nature and PCB content of used PCBs in respect of which—

(a)copies of consignment notes specifying that information are furnished to it under regulations 5(4), 8(7) or 9(3) of the Special Waste Regulations 1996; or

(b)quarterly returns specifying that information are furnished to it under regulation 53 of the Hazardous Waste (Wales) Regulations 2005,

and which in either case have been furnished by a person in the course of a business concerned with the disposal of PCBs.

Pollution Prevention and Control (England and Wales) Regulations 2000E+W

30.  The Pollution Prevention and Control (England and Wales) Regulations 2000 F49 (which extend to England and Wales) are amended as follows.E+W

31.  In Chapter 5 of Schedule 1—E+W

(a)in the definition of “hazardous waste” in the paragraph headed “Interpretation of Section 5.1” of Section 5.1—

(i)in the opening words for “Article 1(4) of Directive 91/689/EEC on hazardous waste” substitute “ regulation 6 of the Hazardous Waste (Wales) Regulations 2005 ”; and

(ii)in paragraph (a)(ii) for “Annex II to Directive 91/689/EEC on hazardous waste” substitute “ Schedule 2 of the Hazardous Waste (Wales) Regulations 2005 ”;

(b)in paragraph 1 of the paragraph headed “Interpretation of Part A(1)” of Section 5.3 for the definition of “hazardous waste”, substitute “ “hazardous waste” means any waste as defined for the time being in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”; and

(c)in the paragraph headed “Interpretation of Part A(1)” of Section 5.4 insert the following after paragraph 3—

In this Part, hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005..

Chemicals (Hazard Information and Packaging for Supply) Regulations 2002E+W

32.  The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 F50 are amended as follows.E+W

33.  In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “ Hazardous Waste (Wales) Regulations 2005 ”.E+W

Landfill (England and Wales) Regulations 2002E+W

34.  The Landfill (England and Wales) Regulations 2002 F51 are amended as follows.E+W

35.  In Regulation 7(2) for “Hazardous waste means any waste as defined in Article 1(4) of Directive 91/689/EEC (hazardous waste).” substitute “ Hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005. ”.E+W

36.  For paragraph 2(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”.E+W

37.  For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005; and ”.E+W

38.  For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it is a non-hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005. ”.E+W

39.  For paragraph 5(1)(g) of Schedule 1, substitute—E+W

(g)in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (Wales) Regulations 2005;.

Packaging (Essential Requirements) Regulations 2003E+W

40.  The Packaging (Essential Requirements) Regulations 2003 F52 are amended as follows.E+W

41.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Regulation 74

SCHEDULE 12E+WTRANSITIONAL PROVISIONS

PART 1 E+WPROVISIONS OF THESE REGULATIONS

1.—(1) This paragraph applies to any notification of premises made for the purposes of these Regulations from the day after the day on which they are made and before 16 July 2005.E+W

(2) Where it is proposed to remove waste from any premises after 16 July 2005, a producer, and, in the circumstances provided for in regulation 25, a consignor, may notify premises to the Agency in advance in accordance with regulation 26.

(3) The effective time may not be on a date earlier than 16 July 2005 or on a date later than 16 September 2005.

(4) The Agency must, where notification is duly given pursuant to this paragraph, issue a premises code in accordance with regulation 27.

(5) Expressions used in this paragraph have the same meanings as in Part 5.

2.—(1) This paragraph applies to any action taken by a producer or consignor before this paragraph comes into force but which would, if taken after it comes into force, have been a notification which complied with regulation 26, (“a pre-notification”).E+W

(2) A pre-notification is to be regarded as notification given upon the coming into force of this paragraph.

(3) Regulation 28(1) does not apply to a notification arising out of a pre-notification and that notification takes effect, instead:

(a)where the person who gave the pre-notification requested a date for commencement, at the beginning of the date so requested;

(b)where no such request was made, at the beginning of the fourth day following the day on which the pre-notification took place;

(c)when payment of the relevant fee is received by the Agency;

(d)upon the coming into force of this paragraph;

whichever is the later.

(4) Where the Agency issues a premises code in respect of premises which are the subject of a pre-notification given pursuant to this paragraph, that code is to be regarded as having been issued on the coming into force of this paragraph.

(5) Where the relevant fee is paid to the Agency in respect of a pre-notification, that fee is to be regarded as having been paid for the purposes of regulation 26(7) on the coming into force of this paragraph.

3.  Where the removal of waste by pipeline from any premises commenced before 16 July 2005 but continues thereafter, regulation 41 has effect as if the first day on which the waste was piped was 16 July 2005.E+W

PART 2 E+WPERMITTING REGIMES

4.—(1) Subject to the following provisions of this Schedule, a reference in a waste permit to special waste, or to special waste of any description (howsoever framed), is a reference to hazardous waste, or hazardous waste of that description, as the case may be.E+W

5.—(1) This paragraph applies in relation to waste which was not special waste immediately before these Regulations come into force if that waste becomes hazardous waste as a result of these Regulations (“changed status waste”).E+W

(2) Any general prohibition or restriction contained in a waste permit relating to the disposal or recovery of special waste under that permit immediately before these Regulations came into force does not apply to the disposal or recovery of changed status waste insofar as the permit specifically authorises the disposal or recovery of that type of waste.

(3) A waste permit holder who would no longer be authorised to continue to dispose or recover that waste under his or her permit by reason of the change in its status, may continue to dispose or recover that waste in accordance with the permit despite the change in status until the prescribed date.

(4) Regulation 17(3) of the 1994 Regulations does not apply to the carrying on of an exempt activity involving changed status waste at any place by a person who was carrying on that activity at that place immediately before these Regulations come into force (“a changed status waste exempt person”).

(5) A changed status waste exempt person who would no longer be authorised to carry on an exempt activity involving such waste by reason of the change in its status, may continue to carry on that activity at that place in accordance with the 1994 Regulations despite the change in status until the prescribed date.

(6) The prescribed date is—

(a)where an application for a waste permit or a variation to a permit is duly made in relation to the activity before 16 July 2006, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing expires without an appeal being made or any appeal is withdrawn or finally determined; or

(b)in any other case, 16 July 2006.

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC). The Regulations apply in relation to Wales.

Hazardous WasteE+W

The Waste Framework Directive (Directive 75/442/EEC) regulates, subject to certain exclusions, the management of all types of waste (“Directive waste”). The Hazardous Waste Directive supplements the Waste Framework Directive by imposing additional requirements in relation to Directive waste which displays certain hazardous properties. These requirements have previously been transposed by the Special Waste Regulations 1996, through controls on “special waste”. These Regulations repeal the Special Waste Regulations 1996 and replace the term “special waste” with “hazardous waste”.

Parts 1 to 3 of the Regulations define hazardous waste and set out how the Regulations apply to that waste. The definition of hazardous waste in regulation 6 refers to the list of hazardous wastes set out in the List of Wastes (Wales) Regulations 2005 (S.I.2005/1820 (W.148)) which are made on the same date as these Regulations.

There is an exclusion from these controls for domestic waste which displays hazardous properties but not if it comprises asbestos waste or is collected separately. In both cases, the regulations do not impose obligations directly on householders.

Mixing BanE+W

Part 4 bans the mixing of hazardous waste unless it is permitted as part of a disposal or recovery operation in accordance with the Waste Framework Directive. It also imposes a duty to separate different categories of Hazardous Waste where technically feasible.

NotificationE+W

Part 5 makes it an offence to remove hazardous waste from premises which have not been notified to the Environment Agency, unless they are exempt premises or the waste has been flytipped. All premises at which hazardous waste is produced or removed must be notified by the producer of the waste or the consignor (the person who arranges for the removal of the waste). Notification lasts 12 months after which the premises must be notified again. A fee is payable to the Environment Agency on notification of premises.

Movement of Hazardous WasteE+W

Part 6 requires documents to be completed whenever hazardous waste is removed from premises (which includes removal from ships and removal by pipeline). The various types of form are set out in Schedules 4 to 6. This is to ensure that an accurate description of consignments of waste accompanies them whenever they move. This is in addition to any requirements to ensure hazardous waste is properly packaged and labelled (see in particular the Packaging (Essential Requirements) Regulations 2003 (S.I. 2003/1941).

Producers, holders, carriers, consignors and consignees are all required to complete various parts of the forms. If the consignee rejects the waste, suitable alternative arrangements must be made. Schedule 7 deals with cross border transfers within the United Kingdom and Gibraltar.

Records and ReturnsE+W

Part 7 requires producers, holders, carriers, consignors and consignees to keep records. These must be kept for a minimum of 3 years except in the case of carriers where the period is 12 months. Consignees are required to provide the Environment Agency with a quarterly return setting out the consignments they have received during that period. Consignees may be required to pay a fee to the Environment Agency but are given a right to recover from consignors who sent the waste to them. They are also required to send a return to producers or holders who sent waste to them. Schedule 9 sets out a transitional scheme for fees.

The Agency's functionsE+W

Part 8 sets out the Agency's functions. In particular, the Agency is required to inspect producers of hazardous waste periodically and to keep any records sent to it pursuant to Part 7 for a minimum of 3 years.

Emergencies and Grave DangerE+W

Part 9 imposes duties on holders of hazardous waste and the Environment Agency in the event of an emergency or grave danger which arises from hazardous waste.

EnforcementE+W

Part 10 makes it an offence for failure to comply with the requirements of these Regulations. The maximum penalty for failure to comply with a requirement imposed by or under the regulations set out in regulation 69(1) is level 5 on the standard scale (currently £5000). The Agency may issue fixed penalty notices of £300 instead of seeking conviction in relation to such offences. Other offences under the Regulations (including the provision of false information) are subject to a maximum fine of level 5 if tried summarily and higher fines and also imprisonment if tried on indictment.

Amendments to other legislationE+W

Schedule 11 makes consequential amendments to legislation so that references to special waste are omitted and references to hazardous waste are updated so that they are consistent with these Regulations.

Transitional provisionE+W

Schedule 12 makes transitional provision. It provides for notification in advance of the regulations fully coming into force. It also makes transitional provision for those cases where the change to hazardous waste from special waste would mean that a person would no longer be authorised to dispose or recover waste.

A regulatory appraisal has been prepared. Copies can be obtained from the Environment — Protection and Quality Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

The volume entitled “Indexes to the United Kingdom Standard Industrial Classification of Economic Activities 2003”, referred to in the definition of “SIC”, is available from the Stationery Office Limited on 0870 600 552.