2015 No. 238
The Hazardous Waste (Amendment) Regulations (Northern Ireland) 2015
Made
Coming into operation
The Department of the Environment, 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 eliminations of pollution caused by waste and in relation to the environment, acting in exercise of the powers conferred upon it by that section, makes the following Regulations.
PART 1
Citation, commencement and interpretation1
1
These Regulations may be cited as the Hazardous Waste (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 1st June 2015.
PART 2Amendment of primary legislation
Amendment of the Waste and Contaminated Land (Northern Ireland) Order 19972
1
The Waste and Contaminated Land (Northern Ireland) Order 1997 F3 are amended in accordance with paragraphs (2) and (3)—
2
In Article 2 (General Interpretation) in paragraph 2 insert in the appropriate alphabetical order—
”List of Wastes” means the list of wastes set out in the Annex to Commission Decision 2000/532/ECF4, as amended from time to time and as also defined in regulation 5 of the Hazardous Waste Regulations (Northern Ireland) 2005 F5
3
For paragraph 8(b)(ii) of Part 2 of Schedule 3 substitute—
ii
naturally occurring material falling within code 17 05 04 in the Annex to the List of Wastes,
PART 3Amendment of Subordinate Legislation
Amendment of the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 20023
1
The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 F6 are amended in accordance with paragraph (2)—
2
In regulation 1(2) for “European Waste Catalogue” substitute—
”European Waste Catalogue” means the List of Wastes as set out in the Annex to Commission Decision 2000/532/EC, as amended from time to time and as also defined in regulation 5 of the Hazardous Waste Regulations (Northern Ireland) 2005;
Amendment of the Waste Management Licensing Regulations (Northern Ireland) 20034
1
The Waste Management Licensing Regulations (Northern Ireland) 2003 F7 are amended in accordance with paragraph (2)—
2
In regulation 1 (Citation, commencement and interpretation)—
a
For the definition of “European Waste Catalogue” substitute—
”European Waste Catalogue” means the List of Wastes as set out in the Annex to Commission Decision 2000/532/EC, as amended from time to time and as also defined in regulation 5 of the Hazardous Waste Regulations (Northern Ireland) 2005;
b
Paragraph (4A) is revoked; and
c
For paragraph (5) substitute—
5
Any six digit code used to refer to a waste in these Regulations is a reference to that waste as specified by the six digit code in the European Waste Catalogue.
Amendment of the Hazardous Waste Regulations (Northern Ireland) 20055
1
The Hazardous Waste Regulations (Northern Ireland) 2005 are amended in accordance with paragraphs (2) to (7)—
2
In regulation 2(1) (General interpretation)—
a
For the definition of “European Waste Catalogue” substitute—
”European Waste Catalogue” means the List of Wastes as set out in the Annex to Commission Decision 2000/532/EC, as amended from time to time and as also defined in regulation 5;
b
In the definition for “the List Decision” delete”, “the List of Wastes Regulations””.
3
In regulations 4 (Annex III to the Waste Directive) for paragraph (a) substitute—
a
Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste Directive, as amended from time to time;
4
In regulation 5 (the List of Wastes)—
a
In paragraph (a) delete “pursuant to the List of Wastes Regulations”;
b
Paragraph (b) is revoked; and
c
For paragraph (c) substitute—
c
“the List of Wastes” means the List of Wastes set out in the List of Wastes Decision; and
5
In regulation 9 (Specific waste to be treated as hazardous)—
a
In paragraph 9(1) delete “the limit values of concentration in”; and
b
In paragraph 9(2) for “Article 3 of the List of Wastes Decision” substitute “
Article 7(2) of the Waste Directive
”
.
6
In regulation 10 (Specific waste to be treated as non-hazardous) paragraph (2) for “Article 3 of the List of Wastes Decision”
substitute “
Article 7(3) of the Waste Directive
”
.
7
Schedule 3 is revoked.
Amendment of the List of Wastes Regulation (Northern Ireland) 20056
The List of Wastes Regulations (Northern Ireland) 2005 F8 are revoked.
Sealed with the Official Seal of the Department of the Environment on 1st May 2015
S.I. 2008/301 and S.I. 1992/2870