The Environmental Protection Act 1990 (Amendment of Section 57) (England and Wales) Regulations 2005

Explanatory Note

(This note is not part of the Order)

These Regulations are made under section 2(2) of the European Communities Act 1972 (1972 c. 68). They amend section 57 of the Environmental Protection Act 1990 (1990 c. 43) (the EPA 1990) to extend the scope of the direction making powers under that section from waste management licences to permits under the Pollution Prevention and Control Regulations 2000 which authorise the disposal or recovery of waste. The amendment to section 57 constitutes a further measure for the purposes of transposing the requirements of Article 4 of the Waste Framework Directive 75/442/EEC.

Section 57 of the EPA 1990 confers a power on the Secretary of State to direct the holder of any waste management licence to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms.

Regulation 2(2) extends the powers of direction under section 57(1) to permits under the Pollution Prevention and Control Regulations, and regulation 2(3) replaces the references to “controlled waste” by references to “waste”.

Regulations 2(4) and (5) insert definitions of “waste permit” and “waste” and define “disposal or recovery” for the purposes of that definition of waste. Waste is defined to include everything defined as waste in article 1 of the Waste Framework Directive, and also certain agricultural waste which is excluded from the scope of that Directive by its article 2(1)(b)(iii). In relation to that waste these Regulations constitute a further measure for ensuring compliance with the requirements relating to waste contained in Regulation 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(1).

These Regulations extend to England and Wales only. No regulatory impact assessment has been produced for this instrument, as it has no impact on the costs of business.

(1)

OJ No L 273, 10.10.2002, p.1.