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 for the purposes of section 2(2) of the European Communities Act 1972 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 — 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) 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 Waste

2

• (1) For the purposes of these Regulations—

• (a) “the Waste Directive” (“y Gyfarwyddeb Wastraff”) means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Directive (EU) 2018/851 , and read in accordance with regulation 2A;

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

• (i) is waste within the meaning of Article 3(1) of the Waste Directive , as read with Articles 5 and 6 of that Directive; and

• (ii) subject to regulation 15, is not excluded from the scope of that Directive by Article 2(1), (2) or (3).

• (2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions set out in Article 13 of that Directive, that is to say, to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular—

• (a) without risk to water, air, soil, plants or animals;

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

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

The Hazardous Waste Directive

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A reference in these Regulations to—

• (a) Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste Directive...;

• (b) hazardous properties is a reference to the properties in Annex III.

The List of Wastes

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• (1) In these Regulations, “the List of Wastes”(“y Rhestr Wastraffoedd”) means the list of wastes established by Commission Decision 2000/532/EC 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 from time to time.

• (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.

General Interpretation

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• (1) In these Regulations—

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

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• “the Environmental Permitting Regulations” (“y Rheoliadau Trwyddedu Amgylcheddol”) means the Environmental Permitting (England and Wales) Regulations 2016;

• “the Agency” (“yr Asiantaeth”) means the Environment Agency; “appropriate authority” (“awdurdod priodol”) means the Welsh Ministers, NRBW or the 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—Saturday or Sunday;Good Friday or Christmas Day;day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ; orother 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 document which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the 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;

• “domestic waste” (“gwastraff domestig”) means waste produced by a household;

• “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;

• “environmental permit” (“trwydded amgylcheddol”) has the meaning given in the Environmental Permitting Regulations;

• “harbour area” (“ardal harbwr”) has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016;

• “hazardous waste” (“gwastraff peryglus”) is to be construed in accordance with regulation 6;

• “the Landfill Directive” (“y Gyfarwyddeb Dirlenwi”)means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if—

• in Article 2—in point (a)—the reference to the definition of ‘waste’ were omitted; andfor “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;after point (a) there were inserted—aa‘waste’ has the meaning given by regulation 2(1)(b) of the Hazardous Waste (Wales) Regulations 2005;

• in Article 3—in paragraph 2, for “Without prejudice to existing Community legislation the” there were substituted “The”;for paragraph 3 there were substituted—3The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting Regulations, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.

• “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”) means a journey made by a single carrier which meets the following conditions—the carrier collects more than one consignment of hazardous waste in the course of the journey;each consignment is collected from different premises;all the premises from which a collection is made are in Wales; andall consignments collected are transported by that carrier in the course of a journey to the same consignee;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “non-hazardous waste” (“gwastraff nad yw'n beryglus”) has the meaning given by regulation 7;

• “NRBW” (“CANC”) means the Natural Resources Body for Wales;

• “premises” (“mangre”) includes land and 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;

• “radioactive substances activity” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;

• “radioactive substances exemption” has the meaning given in regulation 2(1) of the Environmental Permitting Regulations;

• “radioactive waste” has the meaning given in Schedule 23 to the Environmental Permitting Regulations;

• “registered exemption” (“esemptiad cofrestredig”) means an exempt waste operation within the meaning of the Environmental Permitting 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 ;

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “waste permit” (“trwydded gwastraff”) means a marine licence under Part 4 of the Marine and Coastal Access Act 2009 or an environmental permit.

• (2) In these Regulations—

• “broker” (“brocer”) means an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

• “collection” (“casglu”) means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

• “dealer” (“deliwr”) means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

• “disposal” (“gwaredu”) means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations)

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

• “management” (“rheoli”) means the collection, transport, recovery (including sorting) and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker;

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

• “recovery” (“adfer”) means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations);

• “waste oil” (“olew gwastraff”) means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils,

and cognate expressions must 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 or schedule of carriers, may be satisfied by an electronic signature incorporated into the document; and

• (d) “electronic signature” (“llofnod electronig”) has the meaning given in Article 3(10) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.

PART 2 — HAZARDOUS AND NON-HAZARDOUS WASTE

Hazardous waste

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 ;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Non-hazardous waste

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 hazardous

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• (1) The Assembly, having regard to Annex 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 ... to be hazardous pursuant to paragraph (3), is to be treated for all purposes as hazardous waste in Wales.

• (3) For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous—

• (a) in relation to England if—

• (i) of a type listed in regulations made under section 62A(2) of the 1990 Act;

• (ii) it is the subject of a determination by the Secretary of State under regulation 8 of the Hazardous Waste (England and Wales) Regulations 2005;

• (b) in relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005;

• (c) in relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III.

Specific waste to be treated as non-hazardous

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• (1) The Assembly may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to Annex 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .