Regulation 2 General interpretationI1

In these Regulations—

• “the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997;

• F1“appropriate authority” means the Department of Agriculture, Environment and Rural Affairs

• “asbestos waste” means waste which contains or is contaminated by asbestos and “domestic asbestos waste” refers to such waste arising from domestic premises;

• F2“automotive battery or accumulator” means any battery or accumulator used for automotive starter, lighting or ignition power;

• “battery or accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);

• “battery pack” means any set of batteries or accumulators that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;

• F3“best available techniques” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;

• F4“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

• “carrier”, in relation to a consignment of hazardous waste, means a person who takes one or more of the following actions, namely, collects the consignment of hazardous waste from the premises at which it was produced or is being held, delivers it to the consignee, or transports it in the course of any leg of its transfer from those premises to the consignee;

• “carrier’s round”, in relation to consignments of hazardous waste, means a journey made by a carrier during which he collects more than one consignment of hazardous waste and transports all consignments collected to the same consignee who is specified in the consignment note;

• F5“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

• “consignee”, in relation to any consignment of hazardous waste, means the person to whom that waste is or is to be delivered for recovery or disposal;

• F6“consignment note”, in relation to a consignment of hazardous waste, means the identification document, as set out in Schedule 4, which is required to accompany the hazardous waste when it is transferred F7within the United Kingdom ;

• “consignor”, in relation to a consignment of hazardous waste, means the person who causes that waste to be removed from the premises at which it was produced or is being held;

• “conveyance” includes a vehicle designed to carry goods by road or rail and a vessel designed to carry goods by water;

• F8...

• “dealer” means 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;

• F9“disposal” means 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);

• “distributor” means any person that provides batteries or accumulators on a professional basis to an end-user;

• “domestic waste” means waste produced by a household;

• “Department” means Department of the Environment;

• “electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose;

• “emergency or grave danger” is a present or threatened situation arising from a substance or object which is, or which there are reasonable grounds to believe is, hazardous waste, and the situation constitutes a threat to the population or the environment in any place;

• F10”European Waste Catalogue” means the List of Wastes as set out in the Annex to Commission Decision 2000/532/EC, as amended from time to time and as also defined in regulation 5;

• “harbour area” has the same meaning as in the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991^f1;

• “hazardous waste” has the meaning given to hazardous waste by regulation 6 and any reference to hazardous waste shall be taken to include special waste imported from Scotland within the meaning of the Special Waste Regulations 1996^f2 as amended by the Special Waste Amendment (Scotland) Regulations 2004^f3;

• F11...^f4f5

• F12“holder” means the producer of the waste or the person who is in possession of it;

• “industrial battery or accumulator” means any battery, accumulator or battery pack which is—

  1. (a)

     designed exclusively for industrial or professional uses;

  2. (b)

     used as a source of power for propulsion in an electric vehicle;

  3. (c)

     unsealed but is not an automotive battery or accumulator; or

  4. (d)

     sealed but is not a portable battery or accumulator;

• “the List Decision”, F13... and “the List of Wastes” have the meanings given by regulation 5 and the expressions “listed as a waste”, “listed as a hazardous waste” and “not listed as hazardous” are construed in accordance with that regulation;

• “management” means the collection, transport, recovery F14(including sorting) 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; and

• “mixing” shall be construed in accordance with regulation 18;

• “non-hazardous waste” and cognate expressions have the meaning given by regulation 7;

• “permit” means a permit, licence, or authorisation issued pursuant to The Environment (Northern Ireland) Order 2002^f6 or The Waste and Contaminated Land (Northern Ireland) Order 1997^f7 or a registered exemption from a waste management licence in accordance with the Waste Management Licensing Regulations (Northern Ireland) 2003^f8;

• “portable battery or accumulator” means any battery, accumulator or battery pack which—

  1. (a)

     is sealed;

  2. (b)

     can be hand-carried by an average natural person without difficulty; and

  3. (c)

     is neither an automotive battery or accumulator nor an industrial battery or accumulator;

• “premises” includes any ship, container, aircraft or vehicle and any other means of transport, any land, with or without buildings, construction or installation and any place situated on a road or on or in water, and vehicle includes any means of transport;

• F15“producer” means 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;

• F16“recovery” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;

• “relevant code” in relation to a consignment note or carrier’s schedule, means the code assigned in accordance with regulation 22 to the consignment of hazardous waste to which the consignment note or carrier’s schedule relates or, where the consignment is one in a carrier’s round, to the consignments in that round;

• “schedule of carriers”, in relation to a consignment of hazardous waste, means the schedule required to be completed pursuant to regulations 26;

• “separation” means separation of a waste from any other waste, substance or material;

• “ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform; and

• “six digit code” means the six digit code referable to a type of waste in accordance with the List of Wastes, and in relation to hazardous waste, includes the asterisk;

• “United Kingdom ship” has the meaning given by section 1 of the Merchant Shipping Act 1995^f9;

• “waste” has the meaning given in regulation 3;

• F17waste battery or accumulator” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;

• “Waste Directive” has the meaning given in regulation 3;

• “waste oil” means 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;

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Other words and expressions used in these Regulations and which are used in the Waste Directive F19...have the same meaning as in the Waste Directive.... F20as at immediately before IP completion day