The Transfrontier Shipment of Waste Regulations 2007

Interpretation U.K.

4.—(1) In these Regulations—

“Annex VII document” means the document set out in Annex VII to the Community Regulation;

“authorised person” means a person authorised by a competent authority in accordance with regulation [F1 50A(1)] ;

[F2 “Commission Regulation (EC) No 1418/2007” means Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply;]

“the Community Regulation” means Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste;

[F3 competent authority” means a competent authority within the meaning of regulation 6 or 7;

“the English area” means that part of the marine area which is not the Northern Irish area, the Scottish area or the Welsh area;]

[F4 “the marine area” means—

(a)

the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom, including—

(i)

any area submerged at mean high water spring tide, and

(ii)

the waters of every estuary, bay, river or channel, so far as the tide flows at mean high water spring tide,

(b)

the seabed and the subsoil within any area designated under subsection (7) of section 1 of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf), and

(c)

waters superjacent to the seabed and the seabed and its subsoil within any area designated under subsection (4) of section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production);]

[F5 “the Northern Irish area” means such of the marine area adjacent to Northern Ireland which lies to the west of the Northern Irish border;]

“notifiable waste” means waste that is subject to the prior written notification and consent procedures of Title II of the Community Regulation, by virtue of any provision of that Regulation;

[F6 “the Scottish area” means such of the marine area adjacent to Scotland which lies to the north of the Scottish border and east of the Northern Irish border;]

“waste vessel” means any vessel or any part of any vessel that is in itself waste within the meaning of the Community Regulation.

[F7 “the Welsh area” means such of the marine area adjacent to Wales which lies within the Welsh border;

“working day” means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.]

[F8 (1A) In these Regulations—

(a) any reference to England, Wales, Scotland or Northern Ireland excludes any part of the marine area; and

(b) except in the case of any reference to the territorial sea adjacent to the United Kingdom and in the definition of “Dividing Line” in regulation 4A(4), any reference to the United Kingdom includes the marine area.]

(2) Expressions used in these Regulations that are also used in the Community Regulation have the same meaning in these Regulations as they have in the Community Regulation.

(3) Any reference in these Regulations to—

(a) an Article is, save where the context otherwise requires, a reference to an Article of the Community Regulation;

(b) the Community Regulation is a reference to that Regulation as amended from time to time[F9 ;

(c) Commission Regulation (EC) No 1418/2007 is a reference to that Regulation as amended from time to time].

Textual Amendments

F1 Word in reg. 4(1) substituted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 4(2)(a) (with reg. 23)

F2 Words in reg. 4(1) inserted (5.2.2008) by Transfrontier Shipment of Waste (Amendment) Regulations 2008 (S.I. 2008/9), regs. 1, 3(1)

F3 Words in reg. 4(1) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 4(2)(b) (with reg. 23)

F4 Words in reg. 4(1) substituted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 4(2)(c) (with reg. 23)

F5 Words in reg. 4(1) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 4(2)(d) (with reg. 23)

F6 Words in reg. 4(1) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 4(2)(e) (with reg. 23)

F7 Words in reg. 4(1) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 4(2)(f) (with reg. 23)

F8 Reg. 4(1A) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 4(3) (with reg. 23)

F9 Reg. 4(3)(c) and semicolon inserted (5.2.2008) by Transfrontier Shipment of Waste (Amendment) Regulations 2008 (S.I. 2008/9), regs. 1, 3(2)