# The Environment Act 1995 (Commencement No. 23) (England and Wales) Order 2006

S.I. 2006/934 · made 27 March 2006 · revised to 27 March 2006

Insofar as the provisions are not already in force in Great Britain, this Order brings into force on [date of commencement of the 2006 Regulations]—section 120(1) of the Environment Act 1995 (“the 1995 Act”), insofar as it relates to paragraphs 27(b) and (c), 88 and 95 of Schedule 22 to that Act; andsection 120(3) of the 1995 Act, insofar as it relates to the repeal of words in section 30(1) of the Control of Pollution Act 1974 (“the 1974 Act”) and the repeal of section 75(3) of the Environmental Protection Act 1990 (“the 1990 Act”).

Made under: Environment Act 1995 (Section 125)

PDFs: Printed copy https://openlegislation.uk/environment-act-1995-commencement-no-23-england-and-wales-order-2006/pdf/uksi_20060934_en.pdf

## Introductory text

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
Made 27th March 2006
The Secretary of State, in exercise of the powers conferred on her by section 125(3) of the Environment Act 1995, hereby makes the following Order:

## 1 Citation and extent

This Order may be cited as the Environment Act 1995 (Commencement No. 23) (England and Wales) Order 2006 and extends to England and Wales only.

## 2 Provisions coming into force on 15th May 2006

The following provisions of the Environment Act 1995 shall come into force on 15th May 2006 —
(a) section 120(1), insofar as it relates to paragraphs 27(b) and (c), 88 and 95 of Schedule 22; and
(b) section 120(3), insofar as it relates to the repeal of—
(i) the words from “and for the purposes” to the end of section 30(1) of the Control of Pollution Act 1974; and
(ii) section 75(3) of the Environmental Protection Act 1990.

## Signature

Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th March 2006

## Explanatory note

(This note is not part of the Order)
Insofar as the provisions are not already in force in Great Britain, this Order brings into force on [date of commencement of the 2006 Regulations]—
(a) section 120(1) of the Environment Act 1995 (“the 1995 Act”), insofar as it relates to paragraphs 27(b) and (c), 88 and 95 of Schedule 22 to that Act; and
(b) section 120(3) of the 1995 Act, insofar as it relates to the repeal of words in section 30(1) of the Control of Pollution Act 1974 (“the 1974 Act”) and the repeal of section 75(3) of the Environmental Protection Act 1990 (“the 1990 Act”).
Paragraph 27(b) and (c) makes amendments to section 30(1) of the 1974 Act concerning the definition of “waste”. “Waste” in the 1974 Act is given the same meaning as in Part II of the 1990 Act, and the words which provide a presumption that anything discarded is waste unless the contrary is proved, cease to have effect.
Paragraph 88 amends section 75 of the 1990 Act (meaning of “waste” etc.) so that the definition of “waste” in Part II of the 1990 Act is the same as that in Council Directive 75/442/EEC on waste . Paragraph 95 inserts a new Schedule 2B (categories of waste) to the 1990 Act in relation to section 75 of that Act. That Schedule transposes Annex I of Council Directive 75/442/EEC.
The words and the provision which are repealed by section 120(3) provide for a presumption, in the 1974 and 1990 Acts respectively, that anything discarded is waste unless the contrary is proved.

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Source: https://www.legislation.gov.uk/uksi/2006/934 (the official version)
Page: https://openlegislation.uk/environment-act-1995-commencement-no-23-england-and-wales-order-2006
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.