9.—(1) The Assembly may decide, in exceptional cases, on the basis of documentary evidence provided by the holder, and having regard to [F1Annex III] and the limit values of concentration in the List of Wastes, that a specific batch of waste in Wales which—
(a)is listed as hazardous waste in the List of Wastes;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)through of a type not listed as a hazardous waste in the List of Wastes, is treated as hazardous pursuant to regulation 8(2),
does not display any of the properties listed in Annex III F3...and accordingly that it is to be treated for all purposes as non-hazardous in Wales.
[F4(1A) The power at paragraph (1) to decide that waste be treated as non-hazardous does not apply to waste which has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.]
(2) A specific batch of waste produced in England, Scotland or Northern Ireland and listed as a hazardous waste in the List of Wastes and which is for the time being determined F5... to be non-hazardous pursuant to [F6paragraph (3)], is, subject to any determination made under regulation 8, to be treated for all purposes as non-hazardous in Wales.
[F7(3) For the purposes of paragraph (2), a specific batch of waste is determined to be non-hazardous if it is the subject of a decision—
(a)in relation to England, by the Secretary of State under regulation 9 of the Hazardous Waste (England and Wales) Regulations 2005;
(b)in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs under regulation 10 of the Hazardous Waste Regulations (Northern Ireland) 2005;
(c)in relation to Scotland, by the Scottish Ministers that the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex III.]
Textual Amendments
F1Words in reg. 9(1) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 7(a)(i)
F2Reg. 9(1)(b) omitted (31.12.2020) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(4), 3(2)
F3Words in reg. 9(1) omitted (29.3.2011) by virtue of The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 7(a)(ii)
F4Reg. 9(1A) inserted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 7(b)
F5Words in reg. 9(2) omitted (31.12.2020) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(b), 8(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 9(2) substituted (31.12.2020) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(b), 8(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)