Specific waste to be treated as hazardousE+W
8.—(1) The Assembly, having regard to [F1Annex III] and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in Wales which-—
(a)is not listed in the List of Wastes;
(b)is not listed in regulations made under section [F262A(2)] of the 1990 Act; or
(c)though of a type listed as a hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 9(2),
displays one or more of the hazardous properties, and accordingly that it is to be treated for all purposes as hazardous waste.
(2) A specific batch of waste produced in England, Scotland or Northern Ireland and not listed as hazardous in the List of Wastes and which is for the time being determined by the Secretary of State, the Scottish Executive or the Northern Ireland Department of the Environment, as the case may be, to be hazardous pursuant to [F3Article 7(2) of the Waste Directive], is to be treated for all purposes as hazardous waste in Wales.
Textual Amendments
F1Words in reg. 8(1) substituted (29.3.2011) by The Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971), reg. 1(2), Sch. para. 6
F2Word in reg. 8(1)(b) substituted (20.7.2015) by The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 3(6)(a)
F3Words in reg. 8(2) substituted (20.7.2015) by The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 3(6)(b)