(This note is not part of the Regulations.)
These Regulations provide a new definition of special waste. They make provision for handling such waste and for implementing Council Directive 91/689/EEC on hazardous waste (O.J. No. L377, 31.12.91, p. 20) (“the Directive”).
Regulation 2 defines special waste, making reference to Parts I, II and III of Schedule 2. This is to implement the definition of hazardous waste in the Directive and in particular in the List annexed to Council Decision 94/904/EC (O.J. No. L356, 31.12.94, p. 14). The definition extends, in accordance with Article 1.4 of the Directive, to certain other waste considered to display particular hazardous properties. Household waste is excluded from the definition.
Regulation 3 applies Article 30 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (Special provision with respect to certain dangerous or intractable waste) to empower the Department of the Environment to make provision for waste which would be controlled waste but for the fact that it is radioactive waste within the meaning of the Radioactive Substances Act 1993 and brings radioactive waste within the Regulations.
Regulation 4 requires the Department to give unique codes to be applied to consignments of waste or to carrier’s rounds. These codes are to be shown, together with other required information, on consignment notes which are to accompany the waste when transported. The Department may delay assignment of a code until any fee required in respect of it has been paid. The provisions on codes do not implement any specific Community obligation.
Regulations 5 to 12 and Schedule 1 provide for the completion and handling of consignment notes and for pre-notification to the Department of the consignment or carrier’s round. Carrier’s rounds consist of several consignments collected on the same journey and delivered to one place. Regulation 8 makes special provision in respect of the documentation required in connection with “carrier’s rounds”. Completion of such identification forms and their transport with waste are required by Article 5 of the Directive. The pre-notification provisions (regulations 5(2)(b), 8(2)(a)(ii) and 11) are not implementing specific Community obligations.
Regulation 13 makes provision for the payment of fees in connection with the supply of codes under regulation 4. The amount is generally £24 per consignment or round and £10 where the waste consists entirely of lead acid batteries. Rounds of low quantity fulfilling certain conditions attract no fees. Where a code is given before a fee is paid for it, the person who requested the code is to pay the fee within two months of that request. Regulation 13 does not implement a Community obligation.
Regulation 14 implements Article 4.3 of the Directive on the keeping of records by those consigning and carrying hazardous waste. They are both required to keep the documents for three years, although the Directive only requires carriers to keep records for at least twelve months. Together with regulation 15, it also implements the requirements of Article 2.1 of the Directive on the keeping of records for sites where hazardous waste is deposited.
Regulation 16 prohibits the mixing of special waste with other waste or other categories of special waste except where this is authorised under, or exempted from the effect of, certain other waste legislation. This regulation is to implement Articles 2.2 and 2.3 of the Directive.
Regulation 17 makes failure to comply with the Regulations a criminal offence except for an authorised person. There is a defence for those who take certain steps in cases of emergency or grave danger. The Department is made responsible by regulation 18 for supervising activities and persons subject to the Regulations. Insofar as they relate to provisions which implement Community obligations (as stated in this Note), these provisions are part of that implementation because their purpose is to make the implementation effective. Regulation 19 implements Article 4.1 of the Directive by the inspecting of producers of special waste by the Department.
Regulations 20 to 22 and Schedule 3 make consequential amendments to, and revocations and savings in respect of, other legislation. Regulation 20 makes consequential amendment to regulations implementing Directive 85/337/EEC. Regulations 21 and 22 do not implement Community obligations.