The Waste (England and Wales) Regulations 2011 No. 988

SCHEDULE 4 U.K. Amendments to other legislation

PART 2 U.K. Secondary legislation

The Town and Country Planning (Use Classes) Order 1987 U.K.

8.  For article 3(6)(j) of the Town and Country Planning (Use Classes) Order 1987 M1 , 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,”.

Marginal Citations

M1 S.I. 1987/764, amended by S.I. 1999/293. There are other amendments but none is relevant.

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 U.K.

9.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M2 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.

Marginal Citations

M2 S.I. 1991/1624; relevant amending instruments are S.I. 1992/588, 1994/1056, 1996/593, 1998/605, 2006/937, 2007/3538.

The Environment Act 1995 (Consequential Amendments) Regulations 1996 U.K.

10.  Omit paragraphs 9 and 10 of Schedule 2 to the Environment Act 1995 (Consequential Amendments) Regulations 1996 M3 .

Marginal Citations

M3 S.I. 1996/593.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 U.K.

11.   [F1 In Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 M4 , in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC”.]

Textual Amendments

F1 Sch. 4 para. 11 revoked (W.) (1.3.2016) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (S.I. 2016/58), reg. 1(2), Sch. 8 (with regs. 59, 60(2))

Marginal Citations

M4 S.I. 1999/293; relevant amending instruments are S.I. 2005/894, S.I. 2005/1806 (W. 138).

The Town and Country Planning (Development Plan) (England) Regulations 1999 U.K.

12.—(1) The Town and Country Planning (Development Plan) (England) Regulations 1999 M5 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;”.

Marginal Citations

M5 S.I. 1999/3280, to which there are amendments not relevant to these Reguations.

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 U.K.

13.—(1) The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 M6 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 ”.

Marginal Citations

M6 S.I. 2000/1043, to which there are amendments not relevant to these Regulations.

The Town and Country Planning (London Spatial Development Strategy) Regulations 2000 U.K.

14.  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 2000 M7 , for paragraph (1)(a) substitute—

“(a) the national waste management plan within the meaning of the Waste (England and Wales) Regulations 2011;”.

Marginal Citations

M7 S.I. 2000/1491, to which there are amendments not relevant to these Regulations.

The Packaging (Essential Requirements) Regulations 2003 U.K.

15.  F2 ...

Textual Amendments

F2 Sch. 4 para. 15 revoked (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640), reg. 1, Sch. 6 (with reg. 3(5))

The End-of-Life Vehicles Regulations 2003 U.K.

16.  In regulation 2 of the End-of-Life Vehicles Regulations 2003 M8 —

(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”.

Marginal Citations

M8 S.I. 2003/2635, amended by S.I. 2007/3538. There are other amendments but none is relevant.

The Town and Country Planning (Local Development) (England) Regulations 2004 U.K.

F3 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 4 para. 17 revoked (E.) (6.4.2012) by The Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767), regs. 1(1), 37(e) (with regs. 2(2)(3), 38)

The Landfill Allowances and Trading Scheme (England) Regulations 2004 U.K.

F4 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 para. 18 revoked (31.3.2013) by The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 (S.I. 2013/141), regs. 1(1)(b), 7 (with reg. 8)

The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 U.K.

19.  In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 M9 —

(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”.

Marginal Citations

M9 S.I. 2005/263, to which there are amendments not relevant to these Regulations.

The List of Wastes (England) Regulations 2005 U.K.

20.—(1) The List of Wastes (England) Regulations 2005 M10 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.

Marginal Citations

M10 S.I. 2005/895, to which there are amendments not relevant to these Regulations.

The Waste Management (England and Wales) Regulations 2006 U.K.

21.  Omit regulations 4 and 12 of the Waste Management (England and Wales) Regulations 2006 M11 .

Marginal Citations

M11 S.I. 2006/937, to which there are amendments not relevant to these Regulations.

The Waste Electrical and Electronic Equipment Regulations 2006 U.K.

22.  In regulation 2(1) of the Waste Electrical and Electronic Equipment Regulations 2006 M12 —

(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 ”.

Marginal Citations

M12 S.I. 2006/3289, to which there are amendments not relevant to these Regulations.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 U.K.

23.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M13 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 ”.

Marginal Citations

M13 S.I. 2007/871, to which there are amendments not relevant to these Regulations.

The Transfrontier Shipment of Waste Regulations 2007 U.K.

24.  In regulation 11 of the Transfrontier Shipment of Waste Regulations 2007 M14 , for “Article 7 of Directive 2006/12/EC” substitute “ Article 28 of Directive 2008/98/EC ”.

Marginal Citations

M14 S.I. 2007/1711, to which there are amendments not relevant to these Regulations.

The Environmental Permitting (England and Wales) Regulations 2007 U.K.

25.  Omit paragraphs 12, 31 and 32 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007 M15 .

Marginal Citations

M15 S.I. 2007/3538, to which there are amendments not relevant to these Regulations.

The Town and Country Planning (Mayor of London) Order 2008 U.K.

26.  In article 6 of the Town and Country Planning (Mayor of London) Order 2008 M16 , 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;”.

Marginal Citations

M16 S.I. 2008/580.

The Batteries and Accumulators (Placing on the Market) Regulations 2008 U.K.

27.  For regulation 7(3) of the Batteries and Accumulators (Placing on the Market) Regulations 2008 M17 , 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.”.

Marginal Citations

M17 S.I. 2008/2164.

The Environmental Damage (Prevention and Remediation) Regulations 2009 U.K.

28.  In Schedule 2 to the Environmental Damage (Prevention and Remediation) Regulations 2009 M18 , 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 ”.

Marginal Citations

M18 S.I. 2009/153, to which there are amendments not relevant to these Regulations.

The Renewables Obligation Order 2009 U.K.

29.  In article 2(1) of the Renewables Obligation Order 2009 M19 —

(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”.

Marginal Citations

M19 S.I. 2009/785, to which there are amendments not relevant to these Regulations.

The Waste Batteries and Accumulators Regulations 2009 U.K.

30.  In regulation 2(1) of the Waste Batteries and Accumulators Regulations 2009 M20 ,—

(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;”.

Marginal Citations

M20 S.I. 2009/890.

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 U.K.

31.  In Schedule 1 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M21 , in each of paragraphs 9 and 10, for “Annex IIA to Council Directive 75/442/EEC” substitute “ Annex I to Directive 2008/98/EC ”.

Marginal Citations

M21 S.I. 2009/2263.