The Hazardous Waste (Wales) Regulations 2005
PART 1GENERAL
1Title, commencement, and application
2The Waste Directive and the meaning of Waste
2AMeaning of the Waste Directive
2BMeaning of the “Mining Waste Directive” ...
3Annex III to the Waste Directive
4The List of Wastes
5General Interpretation
PART 2HAZARDOUS AND NON-HAZARDOUS WASTE
6Hazardous waste
7Non-hazardous waste
8Specific waste to be treated as hazardous
9Specific waste to be treated as non-hazardous
10Provisions common to regulations 8 and 9
11Requisite bodies
PART 3APPLICATION OF PARTS 4 TO 10
12General application of Parts 4 to 10
13Asbestos waste
14Separated domestic fractions
14AHazardous waste produced at shop premises
15Radioactive waste
16Agricultural waste
17Mines and quarries waste
PART 4MIXING HAZARDOUS WASTE
18Meaning of mixing hazardous waste
19Prohibition on mixing hazardous waste without a permit
20Duty to separate mixed wastes
PART 5NOTIFICATION OF PREMISES
21Requirement to notify premises
22Prohibition on removal of hazardous waste from premises unless notified or exempt
23Exemption from the requirement to notify
24Notification by producer
25Notification by consignor
26Common provisions on notifications
27Premises code
28Effective time
29Mobile services
30The qualifying limitation
31The tenure restriction
32General interpretation of Part 5
PART 6MOVEMENT OF HAZARDOUS WASTE
Consignment codes
33Coding standard
34Consignment codes
Documents to be completed for consignments
35Completion of the consignment note
36Standard procedure
37Schedule of carriers
38Multiple collections
39Removal of ships' wastes to reception facilities
40Removal of ships' wastes other than to reception facilities
41Removal of wastes by pipeline
Rejected consignments
42Duty of consignee not accepting delivery
43Further consignment note for rejected consignment
44Procedure for rejected multiple collection consignments
Duty to deliver within time limit
45Duty to deliver consignment promptly
Cross-border movements
46Cross-border movement of hazardous waste
PART 7RECORDS AND RETURNS
Site records
47Records of tipped (discharged) hazardous waste
48Records of disposal or recovery by other means
Producer and transport records
49Producers', holders' and consignors' records
50Carrier's records
51Registers and records: common provisions
52Previous holder's right to information
53Consignee and self-disposal quarterly returns
54Consignee's return to the producer, holder or consignor
55Duties to supply information
PART 8THE NRBW's FUNCTIONS
Inspections
56Inspections of hazardous waste producers
57Inspections of collection and transport operations
58 NRBW to retain registers etc
59Fees
60Provision of information to the National Assembly
PART 9EMERGENCIES AND GRAVE DANGER
61General
62General duties on the holder in the event of an emergency or grave danger
63General duties of the NRBW
PART 10ENFORCEMENT
64Enforcement
65Offences
65ACivil sanctions
66Defences
67Liability of persons other than the principal offender
68False and misleading information
69Penalties
70Fixed penalties
PART 11FINAL PROVISIONS
71Savings for certain privileges
72Revocations and savings
73Consequential Amendments
74Transitional Provisions
SCHEDULE 8/ATODLEN 8Form of consignee's return to producer or holder/Ffurf ateb y traddodai i'r cynhyrchydd neu'r deiliad
SCHEDULE 2ANNEX II OF THE HAZARDOUS WASTE DIRECTIVE
SCHEDULE 3Annex III to the Waste Directive
SCHEDULE 4
SCHEDULE 5SCHEDULE OF CARRIERS
SCHEDULE 6FORM OF MULTIPLE COLLECTION CONSIGNMENT NOTE/
SCHEDULE 7UK CROSS-BORDER MOVEMENT OF HAZARDOUS WASTE
1Recognition of cross border UK consignment notes
2Any requirement in Part 6 to complete a consignment note...
3Any requirement to keep a copy of a consignment note...
4UK cross-border Consignments into Wales
5UK cross-border Consignments out of Wales
6Multiple Collections in Wales and England
SCHEDULE 8/ATODLEN 8Form of consignee’s return to producer or holder/Ffurf ateb y traddodai i’r cynhyrchydd neu’r deiliad
SCHEDULE 9TRANSITIONAL CHARGES BY THE AGENCY
1The following paragraphs have effect in relation to the charges...
2The charge to be paid on the notification of premises...
3The charge to be paid by a consignee in respect...
4The charge to be paid by a producer in respect...
5The time for payment of the fee required under paragraph...
6A consignee may recover from a consignor any fees paid...
SCHEDULE 10FORM OF FIXED PENALTY NOTICES/
SCHEDULE 11CONSEQUENTIAL AMENDMENTS
PART 1AMENDMENTS TO PRIMARY LEGISLATION
The Environmental Protection Act 1990
1The Environmental Protection Act 1990 is amended as follows.
2In section 75 (as amended by the Hazardous Waste (England...
The Waste and Emissions Trading Act 2003
3The Waste and Emissions Trading Act 2003 is amended as...
4In section 25(2), for “for the purpose of Council Directive...
PART 2AMENDMENTS TO SECONDARY LEGISLATION
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
5The Controlled Waste (Registration of Carriers and Seizure of Vehicles)...
6At the end of Schedule 1 insert “ The Hazardous...
The Environmental Protection (Duty of Care) Regulations 1991
7The Environmental Protection (Duty of Care) Regulations 1991 are amended...
8In regulation 2(3), for “special waste” substitute “ hazardous waste...
The Environmental Protection (Prescribed Processes and Substances) Regulations 1991
9The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 are...
10In Section 5.1 of Chapter 5 of Schedule 1—
Waste Management Licensing Regulations 1994
11The 1994 Regulations are amended as follows.
12In regulation 1(3), for the definition of “special waste”, substitute...
13In regulation 3, at the end add “ (q) the...
14In regulation 10(1)(j) for “special waste” substitute “ hazardous waste...
15In regulation 10(1)(k) at the end insert “ or regulation...
16In regulation 14(1) and 14(2), for “toxic and dangerous waste”...
17In regulation 17(3) and 17(3A) for “special waste” substitute “...
18In paragraph 5 of Schedule 1, for subparagraph (d) to...
19In paragraph 2(1) of Schedule 1A, for the definition of...
20In schedule 3, in paragraphs 3(a)(ii), 3(c), 18(2)(b), 28, 36(1),...
21In paragraph 9 of Schedule 4, omit subparagraphs (9) and...
22In paragraph 13(1) of Schedule 4 delete “, and producers...
23In paragraphs 14(1)(b) and 14(1A) of Schedule 4 for “special...
24For paragraph 14(5) of Schedule 4, substitute—
25For paragraph 14(8) of Schedule 4, substitute—
Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999
26The Town and Country Planning (Environmental Impact Assessment) (England and...
27In paragraph 9 of Schedule 1, for “hazardous waste (that...
Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)(England and Wales) Regulations 2000
28The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)...
29For regulation 11(3), substitute the following— (3) Subject to paragraphs...
Pollution Prevention and Control (England and Wales) Regulations 2000
30The Pollution Prevention and Control (England and Wales) Regulations 2000...
31In Chapter 5 of Schedule 1— (a) in the definition...
Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
32The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002...
33In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “...
Landfill (England and Wales) Regulations 2002
34The Landfill (England and Wales) Regulations 2002 are amended as...
35In Regulation 7(2) for “Hazardous waste means any waste as...
36For paragraph 2(a) of Schedule 1, substitute “ (a) it...
37For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it...
38For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it...
39For paragraph 5(1)(g) of Schedule 1, substitute—
Packaging (Essential Requirements) Regulations 2003
40The Packaging (Essential Requirements) Regulations 2003 are amended as follows....
41In regulation 3(2), for the words “or the provisions of...
SCHEDULE 12TRANSITIONAL PROVISIONS
PART 1PROVISIONS OF THESE REGULATIONS
1(1) This paragraph applies to any notification of premises made...
2(1) This paragraph applies to any action taken by a...
3Where the removal of waste by pipeline from any premises...
PART 2PERMITTING REGIMES
4(1) Subject to the following provisions of this Schedule, a...
5(1) This paragraph applies in relation to waste which was...

2005 No. 1806 (W.138)

ENVIRONMENTAL PROTECTION, WALES

The Hazardous Waste (Wales) Regulations 2005

Made

Coming into force in accordance with regulation 1(1)

The National Assembly for Wales, being designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on it by section 2(2) of that Act, makes the following Regulations:

Annotations:
Marginal Citations