9.—(1) Any site licence or permit under the 2000 Regulations which is in force on 1st January 2010 and which authorises the incineration of waste is modified so as to include, as a new condition of the licence or permit, the following condition—
“The incineration of waste industrial and automotive batteries is prohibited.
This prohibition does not apply to the residues of any batteries that have undergone both treatment and recycling, provided that the treatment and recycling—
(a)used best available techniques, in terms of the protection of health and the environment; and
(b)complied, as a minimum, with Community legislation, in particular as regards health and safety and waste management.”.
(2) In the event of any inconsistency between the condition set out in paragraph (1) and any other condition in the licence or permit, that other condition shall be superseded by the condition set out in paragraph (1) to the extent of such inconsistency.