Special Waste (Amendment) (England and Wales) Regulations

Applies to EnglandApplies to Wales

Title: The Special Waste (Amendment) (England and Wales) Regulations

Category: England and Wales Regulations

Date: 2001

Reference: SI 2001/3148 [Full text]

General Description:

These Regulations amend the Special Waste Regulations 1996 ("the Principal Regulations"). Regulation 2 introduces the amendments set out in regulations 3 to 12, of which those in regulations 3 to 11 extend to England only.

Regulation 3 updates references in regulation 1 of the Principal Regulations to the current editions of the approved classification and labelling guide and the approved supply list under the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994. The 1994 Regulations have most recently been amended by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002.

Regulation 4 amends regulation 6(1) of the Principal Regulations by removing the "motor vehicle" battery limitation in respect of loads of lead acid batteries for which pre-notification is not required.

Regulation 5 amends regulation 7 of the Principal Regulations so that for a second and subsequent consignments in a succession of consignments of special waste the code identifying the first consignment in that succession must be entered on the consignment note in addition to the relevant code for the consignment in question.

Regulation 6(a) amends regulation 8(1)(d) of the Principal Regulations by extending from 24 hours to 72 hours the time in which a carrier's round must be completed. Regulation 6(b) removes the "motor vehicle" battery limitation from the lead acid battery loads exception in regulation 8(2)(ii) of the Principal Regulations from the requirement to provide the Environment Agency for the place of delivery with a copy of the consignment note before the removal of the first waste on the round.

Regulation 7 amends regulation 10(3)(c) of the Principal Regulations so as to require that, where a consignee rejecting a delivery has received a consignment note, the copy of any carrier's schedule which he forwards to the Environment Agency for the new destination is annotated to indicate which loads are not accepted.

Regulation 8 inserts a new regulation 10A. Regulation 10A provides that a new consignment note must be prepared where a consignment is rejected by the consignee and is redirected to premises other than those from which they were collected or where they had been produced and sets out the procedure to be followed for the new consignment note. It also allows a carrier to sign Part D of the consignment note where he has the written authority of the consignor.

Regulation 9(a) amends regulation 14(1) of the Principal Regulations so that fees are set by the Agency in a charging scheme under section 41 of the Environment Act 1995, rather than by the Secretary of State. Regulation 9(b) amends regulation 14(2)(a) by removing the first condition for a second or subsequent carrier's round in a succession of rounds to be exempted from payment of a fee for the assignment of a code (that the carrier is also the consignee in relation to every consignment in all the rounds). Regulation 9(c) amends the conditions in regulation 14(2)(a)(iii) of the Principal Regulations by making it clear that the total weight limit of 400kg applies to each round in the succession.

Regulation 10 makes minor amendments to Parts B, C and E of the prescribed form of consignment note in Schedule 1 to the Principal Regulations.

Regulation 11 substitutes a new prescribed form of carrier's schedule in Schedule 1 to the Principal Regulations. Additional information required is the postcode of the address of origin, the time of the carrier's signature, and a description of waste removed.

Regulation 12 makes changes to references in the Rules for the Interpretation of Schedule 2 of the Principal Regulations to encompass amendments to Council Directive 67/548/EEC on the Classification, Packaging and Labelling of Dangerous Substances.

Pertinence to Agriculture: Waste Management, Transport

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