Regulation 9 Specific waste to be treated as hazardousI1

Without prejudice to regulation 8, the Department, having regard to F1Annex III and F2...the List of Wastes, may determine, in exceptional cases, that a specific waste produced in Northern Ireland and indicated in the List of Wastes as non-hazardous displays one or more of the hazardous properties, and accordingly that that waste is a hazardous waste.

A specific waste produced in England, Wales or Scotland and indicated in the List of Wastes as non-hazardous and which is for the time being determined to be hazardous, pursuant to F3Article 7(2) of the Waste Directive , shall be treated for all purposes as hazardous waste in Northern Ireland.