Special Waste Regulations (as amended)

Applies to EnglandApplies to WalesApplies to Scotland

Title: Special Waste Regulations (as amended)

Category: England, Wales and Scotland Regulation

Date:1996 (amended 1997, 1997, 2001, 2001)

Reference: SI 1996/972 [Full text] (1997/251, 2001/3148, 2001/3545 (W289) (Wales only). See also  97/257 (S18) (Scotland only))

General Description:

These regulations replace the Control of Pollution (Special Wastes) Regulations 1980. They were introduced after the EC directive on Hazardous Waste (91/689/EEC).

The purpose of the legislation is to control the movements of the most hazardous types of waste. The law refers in particular to a list of waste materials that are listed in the schedule of the act, and also it refers to controlled wastes which are prescribed medicinal products. A new consignment note has been introduced, a new system of fees is in operation and the mixing of special wastes is expressly prohibited.

Central to these regulations is the idea that the general management of such wastes is covered by the Environmental Protection Act, but that further legislation was required with regard to the movement of such waste.

These Regulations have been amended such:

1997/251 This amendment relate to the qualifications and experience required in order for a person to be treated as technically competent within the meaning of section 74 of the Environmental Protection Act 1990. The amendments allow those whose qualifications as to technical competence are based on their experience under regulation 5(2) of the Waste Management Licensing Regulations 1994 to continue to deal with waste newly defined as special regardless of that new definition. It removes, for those persons only, the requirement to make an application for a certificate of technical competence. These regulations apply to England and wales.

Scotland is covered by 1997/257. Regulation 2 of the Waste Management Licensing (Scotland) Regulations 1996 provides for managers of specified waste facilities operated by local authorities in Scotland who meet certain criteria to be treated as technically competent for the purposes of section 74(3)(b) of the Environment Protection Act 1990. This amendment provides for such managers to be treated as technically competent in respect of facilities which deal with waste defined special waste under regulation 2 of the Special Waste Regulations 1996.

2001/3148. These Regulations amend the Special Waste Regulations 1996 ("the Principal Regulations") as applied to England and Wales.

2001/3545 (W289). These Regulations amend the Special Waste Regulations 1996 ("the Principal Regulations") in relation to Wales.

Pertinence to Agriculture: Waste Management, Transport

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