2016 No. 336

Environmental Protection, England And Wales

The Hazardous Waste (England and Wales) (Amendment) Regulations 2016
Made
9th March 2016
Laid before Parliament
11th March 2016
Coming into force
1st April 2016
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 .
The Secretary of State has been designated for the purposes of that section in relation to the environment .

Citation and commencement
1
These Regulations may be cited as the Hazardous Waste (England and Wales) (Amendment) Regulations 2016 and come into force on 1st April 2016.

Amendment of the Hazardous Waste (England and Wales) Regulations 2005
2
1
The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.
2
In regulation 5 (general interpretation)—
a
in paragraph (1)—
i
omit the definitions of “mobile service” and “SIC”;
ii
in the definition of “premises” omit the words from “and any other means” to “operated”; and
b
in paragraph (3)(c) omit “notification,”.
3
Omit Part 5 (notification of premises).
4
In regulation 49 (producers’, holders’ and consignors’ records)—
a
for paragraph (4) substitute—
4
A producer, holder, dealer, broker or consignor required by paragraph (1) to keep records shall keep the records chronologically in a register.
;
b
in paragraph (5)—
i
for sub-paragraph (a)(i) substitute—
i
at the premises at which the waste is produced or held; or
;
ii
omit sub-paragraph (a)(iii) and the word “or” immediately preceding it; and
c
omit paragraph (6).
5
In regulation 65 (offences), omit paragraph (b).
6
In regulation 65A (civil sanctions), in the table of civil sanctions in paragraph (1) omit the entry relating to regulation 22.
7
In regulation 69 (penalties), omit paragraph (1)(a) to (c).
8
After regulation 78 (transitional provisions) insert—

Review
79
1
The Secretary of State, in relation to England, must from time to time—
a
carry out a review of the regulatory provision in these Regulations; and
b
publish a report setting out the conclusions of the review.
2
In carrying out a review of any regulatory provision which implements an obligation in the Waste Directive or the List of Wastes, the Secretary of State must have regard to how the obligation is implemented in other member States.
3
The report must, in particular—
a
set out the objectives intended to be achieved by the regulatory provision;
b
assess the extent to which those objectives are achieved;
c
assess whether those objectives remain appropriate; and,
d
if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
4
The first report under this regulation must be published before 1st April 2021.
5
Subsequent reports under this regulation must be published at intervals not exceeding five years.
6
In this regulation, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015 .
.
9
For Schedule 4 (form of consignment note) substitute the new Schedule 4 contained in Schedule 1 to these Regulations.
10
For Schedule 5 (schedule of carriers) substitute the new Schedule 5 contained in Schedule 2 to these Regulations.
11
In Schedule 9 (transitional charges by the agency) omit paragraph 2.
12
In Part 1 of Schedule 12 (transitional provisions) omit paragraph 1.

Consequential amendment
3
In the table in Part 2 of Schedule 2 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 , omit the entry relating to the Hazardous Waste (England and Wales) Regulations 2005.
Rory Stewart
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th March 2016
SCHEDULE 1
Regulation 2(9)
SCHEDULE 4

Form of consignment note
Regulation 35(2)
SCHEDULE 2
Regulation 2(10)
SCHEDULE 5

Schedule of carriers
Regulation 35(3)

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) (“the 2005 Regulations”).
Regulation 2(4) revokes Part 5 of the 2005 Regulations. Part 5 of the 2005 Regulations requires premises at which hazardous waste is produced or from which hazardous waste is removed to be notified to the Environment Agency. Regulation 2 also makes consequential amendments to the 2005 Regulations connected to the revocation of Part 5.
Regulation 2(5)(a) corrects an error in regulation 49(4) of the 2005 Regulations. Regulation 2(9) inserts a review provision into the 2005 Regulations as required by Part 2 of the Small Business, Enterprise and Employment Act 2015 (c.26). Regulation 3 contains a consequential amendment.
A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is annexed to the Explanatory Memorandum for these Regulations on www.legislation.gov.uk.
1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).
S.I. 2008/301.
S.I. 2005/894, amended by S.I. 2007/3476, 3538, 2009/507, 2010/675, 1159 and 2011/988; there are other amending instruments but none is relevant.
2015 c.26.
S.I. 2015/462, to which there are amendments not relevant to these Regulations.
Reg. 1 in force at 1.4.2016, see reg. 1
Reg. 2 in force at 1.4.2016, see reg. 1
Reg. 3 in force at 1.4.2016, see reg. 1
Sch. 1 in force at 1.4.2016, see reg. 1
Sch. 2 in force at 1.4.2016, see reg. 1