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

Amendment of section 57 of the Environmental Protection Act 1990

2.—(1) Section 57 of the Environmental Protection Act 1990(1)(powers of Secretary of State to require waste to be accepted, treated, disposed of or delivered) is amended as follows.

(2) In subsection (1), after “licence” insert “or waste permit”.

(3) In subsections (1) and (2), for “controlled waste” substitute “waste”.

(4) After subsection (7), insert—

“(7A) In subsection (1) “waste permit” means a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000(2) which authorises the disposal or recovery of waste; and for this purpose “disposal or recovery” means an operation listed in Annex IIA or Annex IIB of Council Directive 75/442/EEC(3) on waste (as amended by Commission Decision 96/350/EEC).”.

(5) For subsection (8) substitute—

“(8) In this section—

“specified” means specified in a direction under this section; and

“waste” means anything which is waste as defined in Article 1 of, and Annex 1 to, Directive 75/442/EEC (as amended by Directive 91/156/EEC) including anything which is excluded from the scope of that Directive by Article 2(1)(b)(iii) of that Directive, but not including anything excluded by the remainder of that Article.”.

(1)

1990 c. 43.

(2)

S.I. 2000/1973 amended by S.I. 2001/503, 2002/275, 2002/1559, 2002/1702, 2002/2469, 2002/2688, 2002/2980, 2003/1699, 2003/3296, 2003/3311, 2004/107, 2004/1375, 2004/3276 and 2005/1448; there is other amending legislation but none of it is relevant.

(3)

OJ No L 194, 25.7.75, p 39, as amended by Council Directive 91/156/EEC, OJ No L 78, 26.3.1991, p 32, Council Directive 91/692/EEC, OJ No L 377, 31.12.1991, p 48, Commission Decision 96/350/EC, OJ No L 135, 6.6.1996, p 32 and Regulation (EC) No 1882/2003 of the European Parliament and of the Council OJ No L 284, 31.10.2003, p 1.