5.—(1) The Waste and Emissions Trading Act 2003(1) is amended as follows.
(2) For section 21(3), substitute—
“(3) In this section “municipal waste” means—
(a)mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture; and
(b)mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households.
(3A) But municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities.”.
(3) In section 37—
(a)as it extends to England and Wales and Northern Ireland—
(i)in the heading, after “waste”, insert “, recovery and disposal”;
(ii)after subsection (1) insert—
“(1A) In this Part, “recovery” and “disposal” have the same meanings as in the Waste Directive.”;
(iii)in subsection (2), for “Council Regulation (EU) 2017/997”, substitute “Directive (EU) 2018/851”;
(b)as it extends to Scotland—
(i)in the heading, after “waste”, insert “, recovery and disposal”;
(ii)after subsection (1) insert—
“(1A) In this Part, “recovery” and “disposal” have the same meanings as in the Waste Directive.”;
(iii)in subsection (2), for “Council Regulation (EU) 2017/997”, substitute “Directive (EU) 2018/851”.
2003 c.33. Section 21(3) was amended by S.I. 2011/2499. Section 37, as it extends to England and Wales, was substituted by S.I. 2011//988 and was amended by S.I. 2019/620. Section 37, as it extends to Scotland, was substituted by S.S.I. 2011/226 and was amended by S.I. 2019/620. Section 37, as it extends to Northern Ireland, was substituted by S.I. 2019/620. Section 37, as it extends to England and Wales and Scotland and Northern Ireland, is prospectively amended from IP completion day by S.I. 2019/620.