The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Wales) Regulations 2016
the Natural Resources Body for Wales;
such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and
such other bodies or persons as they consider appropriate.
such bodies or persons appearing to them to be representative of the interests of waste disposal authorities in their area as they consider appropriate;
such bodies or persons appearing to them to be representative of the interests of persons concerned in the operation of landfills in their area as they consider appropriate; and
such bodies or persons appearing to them to be representative of any other affected persons as they consider appropriate.
the Natural Resources Body for Wales;
each local authority; and
such other persons as the Welsh Ministers consider appropriate.
The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of the ECA 1972, section 2 of and Schedule 1 to the PPCA 1999, sections 11, 12, 13 and 36 of the WETA 2003 and sections 5(1)(a) and (b) and (d) to (f) and 19(2) of the W(W)M 2010.
Title, commencement and application1.
(1)
The title of these Regulations is the Waste (Meaning of Recovery) (Miscellaneous Amendments) (Wales) Regulations 2016.
(2)
These Regulations come into force on 31 July 2016.
(3)
These Regulations apply in relation to Wales.
Amendment of the Landfill Allowances Scheme (Wales) Regulations 20042.
(1)
(2)
Amendment of the Hazardous Waste (Wales) Regulations 20053.
(1)
F1(2)
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Amendment of the Environmental Permitting (England and Wales) Regulations 20104.
(1)
(2)
““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Amendment of the Waste (England and Wales) Regulations 20115.
(1)
(2)
““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Amendment of the Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 20116.
(1)
(2)
In regulation 2(1) (interpretation), in the definition of “the Waste Framework Directive” after the words “repealing certain Directives” insert “as last amended by Commission Directive (EU) 2015/1127”.
These Regulations amend certain statutory instruments concerned with waste, which refer to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ No L 312, 22.11.2008, p.3) (“the Waste Directive”).
The amendments made by these Regulations are necessary in order to implement Commission Directive (EU) 2015/1127 of 10 July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and of the Council on Waste and repealing certain Directives (OJ No L 184, 11.7.2015, p. 13).
Regulations 2, 3 and 6, amend the Landfill Allowances Scheme (Wales) Regulations 2004 (S.I. 2004/1490 (W. 155)), the Hazardous Waste (Wales) Regulations 2005 (S.I.2005/1806 (W. 138)) and the Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011 (S.I. 2011/1014 (W. 152)) respectively, by expressing the reference to the Waste Directive in each of those regulations, as a reference to that Directive as amended by Commission Directive (EU) 2015/1217.
Regulations 4 and 5 amend the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) (“the Environmental Permitting Regulations”) and the Waste (England and Wales) Regulations 2011 (S.I. 2011/988) (“the Waste Regulations”) respectively. In order to ensure consistency between the amendments made to those instruments by these Regulations, and corresponding amendments made by the Secretary of State in relation to England, the reference to the Waste Directive in the amended regulations, is substituted by an identical provision. The substituted provision does not refer expressly to the amending Commission Directive (EU) 2015/1227, but the effect of section 20A of the Interpretation Act 1978 (c.30) (“the 1978 Act”), is that where an Act passed after the commencement of that section refers to a European Union instrument, unless a contrary intention appears, the reference is to the instrument as amended at the date the Act comes into force. Section 23(1) of the 1978 Act applies that principle in relation to secondary legislation. Accordingly, the substitutions made by Regulations 4 and 5, have the effect that references to the Waste Directive in the Environmental Permitting and the Waste Regulations, become references to that Directive as amended at the date on which these Regulations come into force.
The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments for subordinate legislation was considered in relation to these Regulations. A regulatory impact assessment in relation to Wales has been prepared on the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.