The Waste and Agriculture (Legislative Functions) Regulations 2022

CHAPTER 2 Retention of function from the Landfill Directive

Power to make provision in relation to sampling of waste

5.—(1) The appropriate authority may, by regulations, make provision about a standard for the sampling of waste going to landfill.

(2) The provision which may be made under paragraph (1) includes provision modifying Council Decision 2003/33 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC(1).

(3) Regulations under paragraph (1) may modify any subordinate legislation.

(4) In this regulation—

“landfill”—

(a)

in relation to England and Wales, has the meaning given by paragraph 2(1)(d) of Schedule 10 to the 2016 Regulations(2);

(b)

in relation to Scotland, has the meaning given by regulation 2(1) of the Landfill (Scotland) Regulations 2003(3);

(c)

in relation to Northern Ireland, has the meaning given by regulation 2(1) of the Landfill (Northern Ireland) Regulations 2003(4);

“waste” has the meaning given by section 37 of the Waste and Emissions Trading Act 2003(5).

(1)

EUDN 2003/33, as amended by S.I. 2019/620.

(2)

Paragraph 2 of Schedule 10 is amended by S.I. 2019/39, 2020/904.

(3)

S.S.I. 2003/235; relevant amending instruments are S.S.I 2010/60, 2011/226.

(4)

S.R. 2003/496; relevant amending instruments are S.R. 2006/280, 2007/258, 2011/101.

(5)

2003 c. 33. Section 37 is amended by S.I. 2011/988, 2019/620, 2020/904 and in relation to Scotland was substituted by S.S.I. 2011/226 and amended by S.I. 2019/620, 2020/904.