The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Wales) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.