{
  "url": "https://openlegislation.uk/hazardous-waste-miscellaneous-amendments-wales-regulations-2015/note",
  "json_url": "https://openlegislation.uk/hazardous-waste-miscellaneous-amendments-wales-regulations-2015/note.json",
  "legislation": "wsi/2015/1417",
  "legislation_title": "The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/hazardous-waste-miscellaneous-amendments-wales-regulations-2015",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend certain statutory instruments concerned with hazardous waste, which refer to the List of Wastes (Wales) Regulations 2005 (S.I. 2005/1820 (W. 148))(“the List of Wastes Regulations”), or to European Union enactments concerning hazardous waste.\nThe amendments made by these Regulations are necessary in order to—\nimplement Commission Regulation (EU) No 1357/2014 (OJ No L 365, 19.12.14, p. 89), which amends Directive 2008/98/EC (OJ No L 312, 22.11.2008, p. 3) (“the Waste Directive”);\nimplement Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p. 44), which amends Commission Decision 2000/532/EC (OJ No L 226, 6.9.00, p. 3) (“the List of Wastes Decision”);\nrecognise the recasting of Directive 2002/96/EC (OJ L 37, 13.2.2003, p.24) on Waste Electrical and Electronic Equipment (“the WEEE Directive”), as Directive 2012/19/EU (OJ No L 197, 24.7.2012, p 38);\nrecognise changes in terminology made by Regulation (EC) No 1272/2008 of the European Parliament and of the Council, on classification, labelling and packaging of substances and mixtures (OJ No L 353, 31.12.2008, p.1) (“the CLP Regulation”).\nFor the purpose of implementing the amended List of Wastes Decision, the List of Wastes Regulations are revoked. References to those Regulations, where they occur in the instruments amended by these Regulations, are substituted with a reference to the List of Wastes Decision itself, as amended from time to time.\nRegulation 2 of these Regulations amends the Landfill Allowances Scheme (Wales) Regulations 2004 (S.I. 2004/1490 (W. 155)) by substituting, for references to the List of Wastes Regulations, a reference to the List of Wastes Decision.\nRegulation 3 and the Schedule make amendments to the Hazardous Waste (Wales) Regulations 2005 (S.I.2005/1806 (W. 138))(“the Hazardous Waste Regulations”).\nRegulation 3(2) substitutes the definition of the Waste Directive in regulation 2 of the Hazardous Waste Regulations.\nRegulation 3(3) amends the definition of Annex III to the Waste Directive in regulation 3(a) by omitting the reference to Schedule 3 to those Regulations, and Schedule 3 to those Regulations is itself omitted by virtue of regulation 3(8).\nRegulation 3(4) substitutes the definition of the List of Wastes in regulation 4(1). The new definition refers directly to the List of Wastes Decision as amended from time to time.\nParagraphs (5), (6)(a) and (7)(a) of regulation 3 correct a reference to section 62A of the Environmental Protection Act 1990 (c.43).\nRegulation 3(6)(b) substitutes for a reference to Article 3 of the List of Wastes Decision, a reference to Article 7(2) of the Waste Directive.\nRegulation 3(7)(b) substitutes for a reference to Article 3 of the List of Wastes Decision, a reference to Article 7(3) of the Waste Directive.\nRegulation 3(9) and the Schedule substitute a new Schedule 8.\nRegulation 4 amends the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)(“the EPR 2010”).\nParagraphs (2), (5)(b) and (7) of regulation 4, update references to certain Articles in the WEEE Directive in order to align those references to the equivalent provisions in the recast Directive.\nRegulation 4(3)(a) substitutes a reference to the Waste Directive. For the purpose of consistency with other relevant provisions, the substituted provision does not refer expressly to the amending Regulation EU No 1357/2014. But the effect of section 20A of the Interpretation Act 1978 (c.30)(“the 1978 Act”), is that where an Act passed after the commencement of that section refers to a European Union instrument, unless a contrary intention appears, the reference is to the instrument as amended at the date the Act comes into force. Section 23(1) of the 1978 Act applies that principle also in relation to secondary legislation. Accordingly, the substitution made by regulation 4(3)(a) has the effect that references to the Waste Directive in the EPR 2010 become references to that Directive as amended at the date on which these Regulations come into force.\nRegulation 4(3)(b) substitutes, for the reference to the WEEE Directive, a reference to that Directive as recast.\nRegulation 4(4) inserts a reference to the List of Wastes Decision as amended from time to time, in Schedule 3 of the EPR 2010, substituting references to the List of Wastes Regulations, with a reference to that Decision.\nParagraphs (5) and (6) of Regulation 4, substitute for various references to “dangerous substances”, references to “hazardous substances”, in order to align the provisions with the terminology used in the CLP Regulation.\nRegulation 5 amends the Waste (England and Wales) Regulations 2011 (S.I. 2011/988) by inserting a reference to the List of Wastes Decision as amended from time to time, and substituting, for references to the List of Wastes Regulations, references to that Decision.\nRegulation 6 amends the Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), by substituting, for the reference to the List of Wastes Regulations in the definition of “offensive waste”, a reference to the List of Wastes Decision.\nRegulation 7 revokes the List of Wastes (Wales) Regulations 2005 (S.I. 2005/1820 (W. 148)) and regulation 4 of the Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971 (W. 141)).\nNo impact assessment has been undertaken for this instrument because no impact on business is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2015/1417/note",
    "retrieved_at": "2026-10-28T23:34:07.874184+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}