2001 No. 1506 (W. 104 )
ENVIRONMENTAL PROTECTION, WALES

The Prescribed Waste (Wales) Regulations 2001

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred on the Secretary of State by sections 57(6) and 63(1) of the Environmental Protection Act 19901 and now vested in it2, having in accordance with section 63(1) consulted such bodies as it considers appropriate, hereby makes the following Regulations:

Citation, commencement, cessation and extent1.

(1)

These Regulations may be cited as the Prescribed Waste (Wales) Regulations 2001.

(2)

These Regulations shall come into force on 21st April 2001 and shall cease to have effect 20th July 2001 unless previously extended or revoked by further Regulations.

(3)

These Regulations apply to Wales.

Prescribed Waste2.

(1)

Section 57 of the Environmental Protection Act 1990 (power of Secretary of State to require waste to be accepted, treated, disposed of or delivered) shall have effect in Wales as if references to controlled waste included references to any waste which is from premises used for agriculture within the meaning of the Agriculture Act 19473and which consist of—

(a)

subject to paragraph (3), carcasses (or parts of carcasses, including blood) of animals specified in paragraph (2); or

(b)

rendered material or ash resulting from the rendering or burning of carcasses (or parts of carcasses, including blood) of animals specified in paragraph (2).

(2)

The animals referred to in paragraph (1)(a) and (b) are animals which—

(a)

are cattle, sheep, goats, any other ruminating animals or swine; and

(b)

are slaughtered as a direct or indirect result of measures taken in connection with foot-and-mouth disease.

(3)

Paragraph (1)(a) shall not apply to cattle born before 1st August 1996.

Enactment prescribed for the purposes of section 57(6) of the Environmental Protection Act 19903.

The following enactments are prescribed for the purposes of section 57(6) of the Environmental Protection Act 1990 (defences in the case of compliance with a direction)—

(a)

sections 179, 187, 187A, 216 and 331 of the Town and Country Planning Act 19904; and

(b)

section 33 of the Environmental Protection Act 19905.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986
Carwyn Jones
Assembly Secretary
(This note is not part of the Regulations)

These Regulations allow the National Assembly for Wales to direct by written notice the holder of a waste management licence to accept and keep, or accept and treat or dispose of the carcasses (or parts of carcasses) of certain types of animal which have been slaughtered as a result of measures taken in connection with foot-and-mouth disease. The relevant types of animal are cattle (if born on or after 1st August 1996), sheep, other ruminating animals or swine. Directions may also be given in relation to ash or rendered material resulting from the burning or rendering of the carcasses or parts of carcasses of cattle (of any age), sheep, other ruminating animals or swine where such animals have been slaughtered as a result of the containment measures.

The extension by these Regulations of the types of waste which may be the subject of a direction of the National Assembly under section 57(1) & (2) of the Environmental Protection Act 1990 described above will have effect throughout the whole of Wales. A licence holder will not be guilty of a criminal offence under any of the specified provisions of the Town and Country Planning Act 1990 and the Environmental Protection Act 1990 by reason only of anything necessarily done or omitted to comply with a direction under section 57(1) of the Environmental Protection Act 1990.

The Regulations will cease to have effect on 20th July 2001 unless previously extended or revoked.

A waste management licence holder convicted of failing to comply with a direction under section 57(1) of the Environmental Protection Act 1990 without reasonable excuse is liable to a fine of up to £5000.