Part 1

Waste
Chapter 4

Miscellaneous and supplementary

Meaning of “the Mining Waste Directive” in section 37: England and Wales
37A
1
In section 37(4)(a)(iii), “
the Mining Waste Directive
” means Directive
2006/21/EC
of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, read in accordance with subsections (2) to (5).
2
Article 2 is to be read as if—
a
in paragraph 2(c), the reference to Article 11(3)(j) of Directive
2000/60/EC
were a reference to that Article read in accordance with subsection (4);
b
paragraphs 3 and 4 were omitted.
3
Article 3(1) is to be read as if, for “Article 1(a) of Directive
75/442/EC
” there were substituted
“ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ”
.
4
For the purposes of subsection (2)(a), Article 11(3)(j) of Directive
2000/60/EC
of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy is to be read as if—
a
the reference to “Member States” were a reference to the appropriate authority or appropriate agency;
b
in the words after the final indent, “environmental objectives”—
i
in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);
ii
in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99);
iii
in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.
5
In subsection (4)—
- “appropriate agency” and “appropriate authority” have the meanings given in section 37(9);
- “
the WFD Regulations
” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407).
S. 37A inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 6(5); 2020 c. 1, Sch. 5 para. 1(1)