2020 No. 594 (W. 135)
Environment, Wales

The Waste (Prescribed Enactments) (Wales) Regulations 2020

Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers make the following Regulations in exercise of the power conferred by section 57(6) of the Environmental Protection Act 19901.

Title, commencement and expiry1.

(1)

The title of these Regulations is the Waste (Prescribed Enactments) (Wales) Regulations 2020.

(2)

These Regulations come into force on 9 July 2020.

Enactments prescribed for the purpose of section 57(6) of the Environmental Protection Act 19902.

(1)

The following enactments are prescribed for the purposes of section 57(6) of the Environmental Protection Act 1990—

(a)

sections 33, 34 and 47 of the Environmental Protection Act 19902;

(b)

sections 171G, 179, 187, 187A, 216 and 331 of the Town and Country Planning Act 19903;

(c)

section 23 of the Planning (Hazardous Substances) Act 19904;

(d)

regulation 65 of the Hazardous Waste (Wales) Regulations 20055;

(e)

regulation 56 of the Waste Batteries and Accumulators Regulations 20096;

(f)

parts 5, 8, and 9 of the Waste (England and Wales) Regulations 20117; and

(g)

regulation 38 of the Environmental Permitting (England and Wales) Regulations 20168.

(2)

A person shall not be guilty of an offence under any of these enactments by reason of anything necessarily done or omitted in order to comply with a direction under section 57 of the Environmental Protection Act 1990.

Hannah Blythyn
Deputy Minister for Housing and Local Government, under the authority of the Minister for Housing and Local Government, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations prescribe various enactments for the purposes of section 57(6) of the Environmental Protection Act 1990 (“the 1990 Act”).

Under section 57(1) of the 1990 Act, the Welsh Ministers may direct the holder of any environmental permit authorising a waste operation to accept and keep, or accept and treat or dispose of, waste at specified places on specified terms.

Under section 57(2) of the 1990 Act, the Welsh Ministers may direct any person who is keeping waste on land to deliver the waste to a specified person on specified terms, with a view to it being treated or disposed of by that person.

Section 57(6) of the 1990 Act allows enactments to be prescribed by Regulations to ensure that a person shall not be guilty of an offence under such enactments by reason of anything done in order to comply with a Direction under section 57.

The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment was not carried out as to the likely costs and benefits of complying with these Regulations.