SCHEDULE 4Amendments to other legislation
PART 2Secondary legislation
The Town and Country Planning (Use Classes) Order 19878
For article 3(6)(j) of the Town and Country Planning (Use Classes) Order 198787, 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,
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 19919
1
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 199188 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.
The Environment Act 1995 (Consequential Amendments) Regulations 199610
Omit paragraphs 9 and 10 of Schedule 2 to the Environment Act 1995 (Consequential Amendments) Regulations 199689.
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 199911
In Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 199990, in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC”.
The Town and Country Planning (Development Plan) (England) Regulations 199912
1
The Town and Country Planning (Development Plan) (England) Regulations 199991 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;
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 200013
1
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 200092 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”.
The Town and Country Planning (London Spatial Development Strategy) Regulations 200014
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 200093, for paragraph (1)(a) substitute—
a
the national waste management plan within the meaning of the Waste (England and Wales) Regulations 2011;
The Packaging (Essential Requirements) Regulations 200315
In regulation 2(2) of the Packaging (Essential Requirements) Regulations 200394—
a
in the definition of “packaging waste”, for “Article 1” 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 “Waste Directive”, substitute—
“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste
The End-of-Life Vehicles Regulations 200316
In regulation 2 of the End-of-Life Vehicles Regulations 200395—
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
The Town and Country Planning (Local Development) (England) Regulations 200417
1
The Town and Country Planning (Local Development) (England) Regulations 200496 are amended as follows.
2
In regulation 2(1), for the definition of “national waste strategy” substitute—
“national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;
3
In regulation 15, for sub-paragraph (f) of paragraph (1) substitute—
f
the national waste management plan;
The Landfill Allowances and Trading Scheme (England) Regulations 200418
In regulation 2(1) of the Landfill Allowances and Trading Scheme (England) Regulations 200497, in the definitions of “disposal” and “recovery”, for “Council Directive 75/442 on waste”, substitute “Directive 2008/98/EC on waste”.
The End-of-Life Vehicles (Producer Responsibility) Regulations 200519
In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 200598—
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
The List of Wastes (England) Regulations 200520
1
The List of Wastes (England) Regulations 200599 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.
The Waste Management (England and Wales) Regulations 200621
Omit regulations 4 and 12 of the Waste Management (England and Wales) Regulations 2006100.
The Waste Electrical and Electronic Equipment Regulations 200622
In regulation 2(1) of the Waste Electrical and Electronic Equipment Regulations 2006101—
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”.
The Producer Responsibility Obligations (Packaging Waste) Regulations 200723
1
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007102 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”.
The Transfrontier Shipment of Waste Regulations 200724
In regulation 11 of the Transfrontier Shipment of Waste Regulations 2007103, for “Article 7 of Directive 2006/12/EC” substitute “Article 28 of Directive 2008/98/EC”.
The Environmental Permitting (England and Wales) Regulations 200725
Omit paragraphs 12, 31 and 32 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007104.
The Town and Country Planning (Mayor of London) Order 200826
In article 6 of the Town and Country Planning (Mayor of London) Order 2008105, 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;
The Batteries and Accumulators (Placing on the Market) Regulations 200827
For regulation 7(3) of the Batteries and Accumulators (Placing on the Market) Regulations 2008106, 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.
The Environmental Damage (Prevention and Remediation) Regulations 200928
In Schedule 2 to the Environmental Damage (Prevention and Remediation) Regulations 2009107, 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”.
The Renewables Obligation Order 200929
In article 2(1) of the Renewables Obligation Order 2009108—
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”.
The Waste Batteries and Accumulators Regulations 200930
In regulation 2(1) of the Waste Batteries and Accumulators Regulations 2009109,—
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;
The Infrastructure Planning (Environmental Impact Assessment) Regulations 200931
In Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009110, in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC”.