The Waste (England and Wales) Regulations 2011 No. 988

Regulation 48(3)

SCHEDULE 4 U.K. Amendments to other legislation

PART 1 U.K. Public General Acts

The Control of Pollution (Amendment) Act 1989 U.K.

1.  After section 9(1A) of the Control of Pollution (Amendment) Act 1989 M1 , insert—

“(1AA) But, in the case of a waste collection authority that is a regulation authority by virtue of subsection (1A), the powers conferred on that authority under sections 5 to 7 above are not exercisable by that authority in relation to specified persons (within the meaning of Part 8 of the Waste (England and Wales) Regulations 2011).”.

Marginal Citations

M1 1989 c. 14. Section 9(1A) was inserted by section 55 of the Anti-social Behaviour Act 2003.

The Town and Country Planning Act 1990 U.K.

2.  In section 336(1) of the Town and Country Planning Act 1990 M2 , for the definition of “waste”, substitute—

““waste” includes anything that—

(a)

is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste, and

(b)

is not excluded from the scope of that definition by Article 2(1), (2) or (3);”.

Marginal Citations

M2 1990 c. 8.

The Environmental Protection Act 1990 U.K.

3.—(1) The Environmental Protection Act 1990 M3 is amended as follows.

(2) In section 33(13) M4 , for “Annex IIA or IIB of Directive 2006/12/EC of the European Parliament and of the Council on waste”, substitute “ Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council on waste ”.

(3) In section 34(1), for “as a broker”, substitute “ as a dealer or broker ”.

(4) In section 34(3)(c), at the end, insert “ or by virtue of regulations under section 2 of the Pollution Prevention and Control Act 1999 ”.

(5) Omit section 44A M5 .

(6) In section 57(8), for the definition of “waste” substitute—

““waste” means anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article”.

(7) In section 62A M6 —

(a) in each of subsections (1)(b) and (2)(b), for “Council Directive 91/689/EEC”, substitute “ Directive 2008/98/EC ”;

(b) for subsection (3), substitute—

“(3) In this section “the Hazardous Waste List” means the list of wastes established by Commission Decision 2000/532/EC.”.

(8) In section 75 M7 —

(a) for subsection (2), substitute—

“(2) “Waste” means anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.”;

(b) omit subsections (10) to (12).

(9) Omit Schedules 2A and 2B M8 .

Marginal Citations

M3 1990 c. 43.

M4 Section 33(13) was inserted by S.I. 2007/3538, regulation 73 and paragraphs 2 and 4(6) of Schedule 21.

M5 Section 44A was inserted by the Environment Act 1995 (c. 25) and amended by S.I. 2007/3538, regulation 73 and paragraphs 2 and 12 of Schedule 21.

M6 Section 62A was inserted by S.I. 2005/894, regulation 72(3).

M7 Section 75(2) was amended by the Environment Act 1995 (c. 25), section 120(1) and paragraph 88 of Schedule 22.

M8 Schedule 2A was inserted by the Environment Act 1995 (c. 25), section 92 and Schedule 12. Schedule 2B was inserted by section 120 and paragraph 95 of Schedule 22 to that Act.

The Environment Act 1995 U.K.

4.—(1) The Environment Act 1995 M9 is amended as follows.

(2) In section 41(1)(c) M10 , for “Council Directive 91/689/EEC”, substitute “ Directive 2008/98/EC to the extent that it relates to hazardous waste (within the meaning given by Article 3(2) of that Directive) ”.

(3) In section 56(1), for paragraph (h) of the definition of “environmental licence”, substitute—

“(h) registration of a person as a broker of or dealer in controlled waste under any provision which gives effect in England and Wales to Article 26(b) of Directive 2008/98/EC of the European Parliament and of the Council on waste,”.

Marginal Citations

M9 1995 c.25.

M10 Section 41(1)(c) was amended in relation to England by S.I. 2005/894, regulation 59, and in relation to Wales by S.I. 2005/1806 (W. 138), regulation 59.

The Greater London Authority Act 1999 U.K.

5.—(1) The Greater London Authority Act 1999 M11 is amended as follows.

(2) In section 353 for subsection (4)(a) substitute—

“(a) the national waste management plan;”.

(3) In section 354, in subsection (2)(b) for the words from “strategy prepared by” to “waste strategy)” substitute “ national waste management plan ”.

(4) In section 360, in subsection (2) after the definition of “municipal waste” insert—

““the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;”.

Marginal Citations

M11 1999 c. 29.

The Waste and Emissions Trading Act 2003 U.K.

6.  For section 37(2) of the Waste and Emissions Trading Act 2003 M12 , substitute—

“(2) For the purposes of this section, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.”.

Marginal Citations

M12 2003 c. 33.

The Government of Wales Act 2006 U.K.

7.—(1) The Government of Wales Act 2006 M13 is amended as follows.

(2) In Field 6 of Part 1 of Schedule 5—

(a) after the heading “Not included in matters 6.1 and 6.2”, in paragraph (a), for “Article 2(1)(b)(v)” substitute “ Article 2(1)(e) ”;

(b) after the heading “Other interpretation of this field” for the definition of “Waste Directive” substitute—

““Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

Marginal Citations

M13 2006 c. 32. Field 6 of Part 1 of Schedule 5 was inserted by S.I. 2010/248.

PART 2 U.K. Secondary legislation

The Town and Country Planning (Use Classes) Order 1987 U.K.

8.  For article 3(6)(j) of the Town and Country Planning (Use Classes) Order 1987 M14 , substitute—

“(j) as a waste disposal installation for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) or landfill of hazardous waste as defined (in relation to England) in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 or (in relation to Wales) in regulation 6 of the Hazardous Waste (Wales) Regulations 2005,”.

Marginal Citations

M14 S.I. 1987/764, amended by S.I. 1999/293. There are other amendments but none is relevant.

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 U.K.

9.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M15 are amended as follows.

(2) In regulation 1(2), omit all the definitions except “the 1989 Act” and “notice”.

(3) Omit regulation 1(3), regulations 2 to 18 and Schedule 1.

Marginal Citations

M15 S.I. 1991/1624; relevant amending instruments are S.I. 1992/588, 1994/1056, 1996/593, 1998/605, 2006/937, 2007/3538.

The Environment Act 1995 (Consequential Amendments) Regulations 1996 U.K.

10.  Omit paragraphs 9 and 10 of Schedule 2 to the Environment Act 1995 (Consequential Amendments) Regulations 1996 M16 .

Marginal Citations

M16 S.I. 1996/593.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 U.K.

11.   [F1 In Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 M17 , in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC”.]

Textual Amendments

F1 Sch. 4 para. 11 revoked (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 8 (with regs. 59, 60(2))

Marginal Citations

M17 S.I. 1999/293; relevant amending instruments are S.I. 2005/894, S.I. 2005/1806 (W. 138).

The Town and Country Planning (Development Plan) (England) Regulations 1999 U.K.

12.—(1) The Town and Country Planning (Development Plan) (England) Regulations 1999 M18 are amended as follows.

(2) In regulation 2, in paragraph (1) for the definition of “national waste strategy” substitute—

““the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;”.

(3) In regulation 9, for sub-paragraph (b) of paragraph (1) substitute—

“(b) the national waste management plan;”.

(4) In regulation 20, for sub-paragraph (b) of paragraph (1) substitute—

“(b) the national waste management plan;”.

Marginal Citations

M18 S.I. 1999/3280, to which there are amendments not relevant to these Reguations.

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 U.K.

13.—(1) The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 M19 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “disposal”, for “Annex IIA of Directive 75/442/EEC, as amended,”, substitute “ Annex I of Directive 2008/98/EC on waste ”;

(b) in the definition of “used PCBs”, for “Directive 75/442/EEC”, substitute “ Directive 2008/98/EC ”.

(3) In the title to Schedule 1, for “Annex IIA of Directive 75/442/EEC on waste, as amended”, substitute “ Annex I of Directive 2008/98/EC on waste ”.

Marginal Citations

M19 S.I. 2000/1043, to which there are amendments not relevant to these Regulations.

The Town and Country Planning (London Spatial Development Strategy) Regulations 2000 U.K.

14.  In regulation 6 (regard to be had to certain matters and statement of regard) of the Town and Country Planning (London Spatial Development Strategy) Regulations 2000 M20 , for paragraph (1)(a) substitute—

“(a) the national waste management plan within the meaning of the Waste (England and Wales) Regulations 2011;”.

Marginal Citations

M20 S.I. 2000/1491, to which there are amendments not relevant to these Regulations.

The Packaging (Essential Requirements) Regulations 2003 U.K.

15.  F2 ...

Textual Amendments

F2 Sch. 4 para. 15 revoked (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640), reg. 1, Sch. 6 (with reg. 3(5))

The End-of-Life Vehicles Regulations 2003 U.K.

16.  In regulation 2 of the End-of-Life Vehicles Regulations 2003 M21 —

(a) in the definition of “end-of-life vehicle”, for “Article 1(a)”, substitute “ Article 3(1) ”;

(b) for the definition of “recovery”, substitute—

““recovery” has the meaning given by Article 3(15) of the Waste Directive;”;

(c) for the definition of “the Waste Directive”, substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

Marginal Citations

M21 S.I. 2003/2635, amended by S.I. 2007/3538. There are other amendments but none is relevant.

The Town and Country Planning (Local Development) (England) Regulations 2004 U.K.

F3 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 4 para. 17 revoked (E.) (6.4.2012) by The Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767), regs. 1(1), 37(e) (with regs. 2(2)(3), 38)

The Landfill Allowances and Trading Scheme (England) Regulations 2004 U.K.

F4 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 para. 18 revoked (31.3.2013) by The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 (S.I. 2013/141), regs. 1(1)(b), 7 (with reg. 8)

The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 U.K.

19.  In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 M22 —

(a) in the definition of “end-of-life vehicle”, for “Article 1(a)”, substitute “ Article 3(1) ”;

(b) for the definition of “recovery”, substitute—

““recovery” has the meaning given by Article 3(15) of the Waste Directive;”;

(c) for the definition of “the Waste Directive”, substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

Marginal Citations

M22 S.I. 2005/263, to which there are amendments not relevant to these Regulations.

The List of Wastes (England) Regulations 2005 U.K.

20.—(1) The List of Wastes (England) Regulations 2005 M23 are amended as follows.

(2) In regulation 2—

(a) for sub-paragraph (a) of paragraph (1), substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”;

(b) for sub-paragraph (c) of paragraph (1), substitute—

“(c) a reference to hazardous properties is a reference to the properties set out in Annex III to the Waste Directive.”;

(c) for sub-paragraph (b) of paragraph (2), substitute—

“(b) “the List of Wastes” means the list of Wastes set out in the Annex to the List of Wastes Decision, as it is set out in Schedule 1, and a reference to the List of Wastes includes a reference to its introduction (“the Introduction to the List”).”.

(3) In regulation 4—

(a) before “properties”, insert “ hazardous ”;

(b) omit “of Annex III”.

(4) Omit paragraphs 1 and 2 of Schedule 2.

Marginal Citations

M23 S.I. 2005/895, to which there are amendments not relevant to these Regulations.

The Waste Management (England and Wales) Regulations 2006 U.K.

21.  Omit regulations 4 and 12 of the Waste Management (England and Wales) Regulations 2006 M24 .

Marginal Citations

M24 S.I. 2006/937, to which there are amendments not relevant to these Regulations.

The Waste Electrical and Electronic Equipment Regulations 2006 U.K.

22.  In regulation 2(1) of the Waste Electrical and Electronic Equipment Regulations 2006 M25 —

(a) in the definition of “disposal”, for the words from “Annex IIA” to the end, substitute “ Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste ”;

(b) in the definition of “recovery”, for the words “Annex IIB to Directive 2006/12/EC”, substitute “ Annex II to Directive 2008/98/EC ”;

(c) in the definition of “waste electrical and electronic equipment”, for the words “Article 1(a) of Directive 2006/12/EC”, substitute “ Article 3(1) of Directive 2008/98/EC ”.

Marginal Citations

M25 S.I. 2006/3289, to which there are amendments not relevant to these Regulations.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 U.K.

23.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M26 are amended as follows.

(2) In regulation 2—

(a) in paragraph (1), for the definition of “the Waste Directive”, substitute—

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;

(b) in paragraph (2), in the definition of “recovery”, for “Annex IIB” substitute “ Annex II ”.

(3) In paragraph 2 of Schedule 7—

(a) in sub-paragraph (b), for “Annex IIB” substitute “ Annex II ”;

(b) in sub-paragraph (c), for “Annex IIA or Annex IIB” substitute “ Annex I or II ”.

Marginal Citations

M26 S.I. 2007/871, to which there are amendments not relevant to these Regulations.

The Transfrontier Shipment of Waste Regulations 2007 U.K.

24.  In regulation 11 of the Transfrontier Shipment of Waste Regulations 2007 M27 , for “Article 7 of Directive 2006/12/EC” substitute “ Article 28 of Directive 2008/98/EC ”.

Marginal Citations

M27 S.I. 2007/1711, to which there are amendments not relevant to these Regulations.

The Environmental Permitting (England and Wales) Regulations 2007 U.K.

25.  Omit paragraphs 12, 31 and 32 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007 M28 .

Marginal Citations

M28 S.I. 2007/3538, to which there are amendments not relevant to these Regulations.

The Town and Country Planning (Mayor of London) Order 2008 U.K.

26.  In article 6 of the Town and Country Planning (Mayor of London) Order 2008 M29 , for paragraph (2)(g) substitute—

“(g) the national waste management plan within the meaning of the Waste (England and Wales) Regulations 2011 and prepared by the Secretary of State;”.

Marginal Citations

M29 S.I. 2008/580.

The Batteries and Accumulators (Placing on the Market) Regulations 2008 U.K.

27.  For regulation 7(3) of the Batteries and Accumulators (Placing on the Market) Regulations 2008 M30 , substitute—

“(3) In this regulation “waste battery” means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.”.

Marginal Citations

M30 S.I. 2008/2164.

The Environmental Damage (Prevention and Remediation) Regulations 2009 U.K.

28.  In Schedule 2 to the Environmental Damage (Prevention and Remediation) Regulations 2009 M31 , in paragraph 3(1), for the words from “Directive 2006/12/EC” to the end, substitute “ Directive 2008/98/EC of the European Parliament and of the Council on waste ”.

Marginal Citations

M31 S.I. 2009/153, to which there are amendments not relevant to these Regulations.

The Renewables Obligation Order 2009 U.K.

29.  In article 2(1) of the Renewables Obligation Order 2009 M32 —

(a) in the definition of “hazardous waste”, for “Article 1(4) of the Hazardous Waste Directive”, substitute “ Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste ”;

(b) omit the definition of “Hazardous Waste Directive”.

Marginal Citations

M32 S.I. 2009/785, to which there are amendments not relevant to these Regulations.

The Waste Batteries and Accumulators Regulations 2009 U.K.

30.  In regulation 2(1) of the Waste Batteries and Accumulators Regulations 2009 M33 ,—

(a) in the definition of “disposal”, for “Annex IIA to Directive 2006/12/EC”, substitute “ Annex I to Directive 2008/98/EC ”;

(b) for the definition of “waste battery”, substitute—

““waste battery” means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

Marginal Citations

M33 S.I. 2009/890.

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 U.K.

31.  In Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M34 , in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “ Annex I to Directive 2008/98/EC ”.

Marginal Citations

M34 S.I. 2009/2263.