lexiara

Defined terms — The Waste (England and Wales) Regulations 2011

United Kingdom · uksi/2011/988 · 409 provisions

70 defined in this instrument, 3 borrowed from other acts.

All provisions · All instruments

appropriate authority — — in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers Section 3(1)
appropriate body — — in relation to England, the Environment Agency; in relation to Wales, the Natural Resources Body for Wales; “controlled waste” has the meaning given in section 75(4) of the Environmental Protection Act 1990 ; “EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018; “hazardous waste”— in relation to England has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 ; in relation to Wales has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 Section 3(1)
broker — an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste Schedule 2, Part 1, paragraph 5(2)
collection — the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility Schedule 2, Part 1, paragraph 5(2)
consultation bodies — — in relation to a waste prevention programme or national waste management plan relating to England— Natural England, and the Historic Buildings and Monuments Commission for England (English Heritage); in relation to a waste prevention programme or national waste management plan relating to Wales, the Natural Resources Body for Wales Schedule 1, Part 4, paragraph 13
dealer — any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste Schedule 2, Part 1, paragraph 5(2)
discontinuance order — an order under— section 102 of the 1990 Act (including an order made under that section by virtue of section 104 of that Act) ; or paragraph 1 of Schedule 9 to the 1990 Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule) Section 17(2)
disposal — any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations) Schedule 2, Part 1, paragraph 5(2)
domestic waste — waste produced by a household; for the definition of “multiple collection”, substitute— Schedule 2, Part 1, paragraph 5
electronic signature — data in electronic form which are attached to or logically associated with thewritten information and which serve as a method of authentication) Section 35(5)
environment-related offence — an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm Section 29(5C)
environmental licence — borrowed from another act; this instrument states no meaning of its own Schedule 4, Part 1, paragraph 4(3)
harm — — harm to the health of human beings or other living organisms; harm to the quality of the environment; offence to the senses of human beings; damage to property; or impairment of, or interference with, amenities or other legitimate uses of the environment Section 29(5C)
holder — the producer of the waste or the person who is in possession of it Schedule 2, Part 1, paragraph 5(2)
Industrial Emissions Directive — Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention control), read in accordance with regulation 3A Section 3(1)
infrastructure consent — the consent required by section 19 of the 2024 Act; “local planning authority” has the same meaning as in 1990 Act; “mineral planning authority” has the same meaning as in section 1 of the 1990 Act ; “planning permission” has the meaning given in section 336 of the 1990 Act Section 16(1)
Landfill Directive — Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, read in accordance with regulation 3B Section 3(1)
list of waste — the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England or in Wales (as the case may be). in paragraph 1— the first and second sentences were omitted; for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste Section 3D(7)
local authority — — in England outside Greater London— a district council, a county council, or the Council of the Isles of Scilly; in Greater London— the council of a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, or the Under-Treasurer of the Middle Temple; in Wales— a county council, or a county borough council Section 3(1)
management — the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker Schedule 2, Part 1, paragraph 5(2)
marine exemption order — an order under— section 7 of the Food and Environment Protection Act 1985 (exemptions from licensing) ; or section 74 of the Marine and Coastal Access Act 2009 (which provides for exemptions from marine licensing) Section 26(2)
marine licence — — a licence under Part 2 of the Food and Environment Protection Act 1985; or a marine licence under Part 4 of the Marine and Coastal Access Act 2009 Section 26(2)
Mining Waste Directive — Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with regulation 3C Section 3(1)
mining waste facility — a “waste facility” as defined in Article 3(15) of the Mining Waste Directive, but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) Section 20(3)
multiple collection — a journey made by a single carrier which meets the following conditions— the carrier collects more than one consignment of hazardous waste in the course of the journey; each consignment is collected from different premises; all the premises from which a collection is made are in England; and all consignments collected are transported by that carrier in the course of a journey to the same consignee; omit the definition of “multiple collection consignment note”; for paragraph (2), substitute— In these Regulations— and cognate expressions must be construed accordingly Schedule 2, Part 1, paragraph 5
national waste management plan — a waste management plan prepared by an appropriate authority Section 3(1)
offshore licensing functions — — functions under Part 2 of the Food and Environment Protection Act 1985 ; functions under Part 4 of the Marine and Coastal Access Act 2009 , other than functions which must be exercised by statutory instrument Section 21
planning authority — — a local planning authority; a local planning authority or minerals and waste planning authority for the purposes of Part 2 of the 2004 Act; a person appointed under paragraph 1 of Schedule 6 to the 1990 Act ; a government department in respect of its functions under the planning Acts; or an appropriate authority in respect of its functions under the planning Acts Section 16(3)
planning functions — any of the following functions, other than a function which must be discharged by statutory instrument— determining— an application for planning permission under section 70 of the 1990 Act, or an appeal made under section 78 of the 1990 Act in relation to the determination of such an application ; deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the 1990 Act , ... under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 , or under paragraph 2(5) and (6) of Schedule 9 to the Historic Environment (Wales) Act 2023; deciding whether to direct under section 90(1), (2) or (2A) of the 1990 Act that planning permission must be deemed to be granted; deciding whether— in making or confirming a discontinuance order, to include in the order any grant of planning permission, or to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission; making a local development order under section 61A of the 1990 Act ; discharging functions under Part 2 of the 1990 Act; discharging functions in relation to England under— Part 2 of and Schedule 8 to the 2004 Act, or Part 5 of the Local Democracy,… Section 17(1)
producer — anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste Schedule 2, Part 1, paragraph 5(2)
public consultees — the persons to whose attention proposals for a programme or plan are brought by the appropriate authority pursuant to paragraph 14(1)(b) Schedule 1, Part 4, paragraph 13
radioactive substances exemption — an exemption under Part 6 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016 from the requirement for an environmental permit under regulation 12 of those regulations in respect of a radioactive substances activity; “radioactive waste” and “radioactive substances activity” have the meanings given in paragraphs 3 and 11 of Part 2 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016; .. Section 47(4)
recovery — any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations) Schedule 2, Part 1, paragraph 5(2)
relevant offence — an offence under— the Scrap Metal Dealers Act 1964, section 1, 8, 9, 10, 11, 17, 18, 22 or 25 of the Theft Act 1968, where the offence relates to scrap metal or is an environment-related offence, section 170 or 170B of the Customs and Excise Management Act 1979, where the offence relates to scrap metal, section 9 of the Food and Environment Protection Act 1985, section 1, 5 or 7 of the Control of Pollution (Amendment) Act 1989, section 33, 34 or 34B of the Environmental Protection Act 1990, section 85, 202 or 206 of the Water Resources Act 1991, the Transfrontier Shipment of Waste Regulations 1994, section 110 of the Environment Act 1995, the Control of Major Accident Hazards Regulations 2015, the Pollution Prevention and Control (England and Wales) Regulations 2000, Part 1 of the Vehicles (Crimes) Act 2001, regulation 17(1) of the Landfill (England and Wales) Regulations 2002, section 327, 328 or 330 to 332 of the Proceeds of Crime Act 2002 , the Hazardous Waste (England and Wales) Regulations 2005, the Hazardous Waste (Wales) Regulations 2005, section 1 of the Fraud Act 2006, where the offence relates to scrap metal or is an environment-related offence, the Waste Electrical and… Section 29(5A)
relevant office — an office of the appropriate body as may be specified by the authorised officer of a regulation authority or constable at the time the requirement is made Section 45A(2)
SIC code — a code included in the UK Standard Industrial Classification of Industrial Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 Section 35(8)
specified marine operation — an operation mentioned in— section 5 or 6 of the Food and Environment Protection Act 1985 (deposits in the sea or incineration) ; or an item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009 (which specifies licensable marine activities) Section 26(2)
specified person — — a charity or voluntary organisation; a waste collection authority; an authority which is a waste disposal authority for the purposes of Part 2 of the Environmental Protection Act 1990 ; an authority which is a waste regulation authority for the purposes of Part 2 of the Environmental Protection Act 1990 ; a carrier which only transports waste produced by the carrier itself, except where it is construction or demolition waste (and “construction” includes improvement, repair and alteration); a carrier which only transports, a broker which only arranges for the recovery or disposal of, or a dealer which only deals in— animal by-products; waste from a mine or quarry; or waste from premises used for agriculture Section 24(5)
specified waste — — NORM waste (as that term is defined in Part 6 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016; or the waste described in the first, second or sixth row of column 1 of table 6 in Part 6 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016 Section 47(4)
the 1989 Act — the Control of Pollution (Amendment) Act 1989 ; “compliance notice” has the meaning given in regulation 38(1); “regulation authority” has the meaning given in section 9 of the 1989 Act ; “restoration notice” has the meaning given in regulation 40(1); “specified person” has the meaning given in regulation 24(5); “stop notice” has the meaning given in regulation 39(1) Section 36
the 1990 Act — the Town and Country Planning Act 1990 Section 16(1)
the 2004 Act — the Planning and Compulsory Purchase Act 2004 Section 16(1)
the 2008 Act — the Planning Act 2008 Section 16(1)
the 2024 Act — the Infrastructure (Wales) Act 2024 Section 16(1)
the Hazardous Waste List — the list of wastes established by Commission Decision 2000/532/EC Schedule 4, Part 1, paragraph 3(7)
the List of Wastes — the list of Wastes set out in the Annex to the List of Wastes Decision, as it is set out in Schedule 1, and a reference to the List of Wastes includes a reference to its introduction (“the Introduction to the List”) Schedule 4, Part 2, paragraph 20(2)
the List of Wastes — the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time Section 3(1)
the planning Acts — — the 1990 Act; the Planning (Listed Buildings and Conservation Areas) Act 1990 ; the Planning (Hazardous Substances) Act 1990 ; the Planning (Consequential Provisions) Act 1990 ; the 2004 Act; ... the 2008 Act ; ... the Historic Environment (Wales) Act 2023 ; and the 2024 Act Section 16(2)
the relevant time — immediately before the coming into force of these Regulations Section 24(5)
the Waste Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 2, Part 1, paragraph 2(1)
the Waste Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 4, Part 1, paragraph 6(2)
the Waste Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 4, Part 2, paragraph 16
the Waste Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 4, Part 2, paragraph 19
the Waste Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste for sub-paragraph (c) of paragraph (1), substitute— a reference to hazardous properties is a reference to the properties set out in Annex III to the Waste Directive. for sub-paragraph (b) of paragraph (2), substitute— Schedule 4, Part 2, paragraph 20(2)
the Waste Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste; in paragraph (2), in the definition of “recovery”, for “Annex IIB” substitute “ Annex II Schedule 4, Part 2, paragraph 23(2)
the Waste Framework Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 3, paragraph 3
the Waste Framework Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 and as read in accordance with regulation 3D; “waste management plan” has the meaning given in regulation 7(1) Section 3(1)
the WFD Regulations — the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 Section 3E(2)
transitionally exempt broker — a broker who— at the relevant time was not required to be registered as a broker of controlled waste for the purposes of— regulation 20(1) of the Waste Management Licensing Regulations 1994, and paragraph 12(2) of Schedule 4 to those Regulations, or had they been a broker of controlled waste at the relevant time, would not have been required to be registered for those purposes Section 27(3)
transitionally exempt carrier — a carrier who— at the relevant time was not required to be registered as a carrier of controlled waste for the purposes of— section 1 of the Control of Pollution (Amendment) Act 1989, and paragraph 12(1) of Schedule 4 to the Waste Management Licensing Regulations 1994 ; or had they been a carrier of controlled waste at the relevant time, would not have been required to be registered for those purposes Section 27(3)
waste — anything that— is waste within the meaning of Article 3(1) of the Waste Directive; and subject to regulation 15, is not excluded from the scope of that Directive by Article 2(1), (2) or (3) Schedule 2, Part 1, paragraph 2(1)
waste — borrowed from another act; this instrument states no meaning of its own Schedule 4, Part 1, paragraph 2
waste — anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste including anything excluded from the scope of that Directive by Article 2(1)(f) or 2(2)(b) or (c), but not including anything excluded by the remainder of that Article Schedule 4, Part 1, paragraph 3(6)
Waste — anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste. omit subsections (10) to (12) Schedule 4, Part 1, paragraph 3(8)
waste — anything that— is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive; for point (c) there were substituted— ‘hazardous waste’ has the meaning given in Article 3(2) of the Waste Framework Directive Section 3B(2)
waste battery — any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 4, Part 2, paragraph 27(3)
waste battery — any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 4, Part 2, paragraph 30
waste collection authority — an authority which is a waste collection authority for the purposes of Part 2 of the Environmental Protection Act 1990 Section 3(1)
Waste Directive — Directive 2008/98/EC of the European Parliament and of the Council on waste Schedule 4, Part 1, paragraph 7(2)
waste electrical and electronic equipment — borrowed from another act; this instrument states no meaning of its own Schedule 4, Part 2, paragraph 22
waste oil — any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils Schedule 2, Part 1, paragraph 5(2)
waste prevention measures — measures taken before a substance, material or product has become waste that reduce— the quantity of waste, including through the re-use of products or the extension of the life span of products; the adverse impacts of generated waste on the environment and human health; or the content of hazardous substances in materials and products; “waste prevention programme” has the meaning given in regulation 4(1) and (2) Section 3(1)
working day — any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 Section 45A(2)