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The Hazardous Waste Regulations (Northern Ireland) 2005

S.R. 2005/300 · Made 20 June 2005 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

ENVIRONMENTAL PROTECTION

Made 20th June 2005

Coming into operation 16th July 2005

The Department of the Environment, being a department designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials), the prevention, reduction and elimination of pollution caused by waste and the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred on it by Articles 30, 48 and 77 of the Waste and Contaminated Land (Northern Ireland) Order 1997f3 and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1993/2661, S.I. 1992/2870 and S.I. 1988/785

f2

1972 c. 68

f3

S.I. 1997/2778 (N.I. 19), see Article 2(2) for definition of “Department” and “regulations”

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and interpretation
  3. 2General interpretation
  4. 3The Waste Directive and the meaning of waste
  5. 3AModification of the Waste Directive
  6. 3BMeaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”
  7. 4Annex III to the Waste Directive
  8. 5The List of Wastes
  9. Part 2: HAZARDOUS AND NON-HAZARDOUS WASTE
  10. 6Meaning of hazardous waste
  11. 7Meaning of non-hazardous waste
  12. 8Determination that a waste is hazardous
  13. 9Specific waste to be treated as hazardous
  14. 10Specific waste to be treated as non-hazardous
  15. 11Provisions common to regulations 9 and 10
  16. 12Requisite bodies
  17. Part 3: APPLICATION
  18. 13Application of Regulations to domestic asbestos waste
  19. 14Separately collected domestic fractions
  20. 15Radioactive waste
  21. 16Agricultural waste
  22. 17Mines and quarries waste
  23. Part 4: MIXING HAZARDOUS WASTE
  24. 18Meaning of mixing hazardous waste
  25. 19Prohibition on mixing hazardous waste without a permit
  26. 20Duty to separate mixed wastes
  27. Part 5: MOVEMENT OF HAZARDOUS WASTE
  28. Packaging and labelling
  29. 21General duty in relation to packaging and labelling
  30. 22Coding of consignments
  31. 23Standard procedure
  32. 24Cases in which pre-notification is not required
  33. 25Procedure where pre-notification is not required
  34. 26Schedule of Carriers
  35. 27Carrier’s rounds
  36. 28Removal of ships' waste to reception facilities
  37. 29Removal of ships' wastes other than to reception facilities
  38. 30Removal of wastes by pipeline
  39. 31Duty of consignee not accepting delivery of a consignment
  40. 32Requirement for a new consignment note
  41. 33Provisions as to furnishing of consignment notes
  42. 34Duty to deliver consignment within time limit
  43. 35Mutual recognition of consignment notes
  44. 36Fees
  45. Part 6: REGISTERS, RECORDS AND RETURNS
  46. 37Registers of consignments
  47. 38Producers', holders' and consignors' records
  48. 39Site records
  49. 40Records of hazardous waste recovered or received by treatment facilities and transfer stations
  50. 41Consignee’s return to the producer, holder or consignor
  51. Part 7: ENFORCEMENT
  52. 42Inspections
  53. 43Offences
  54. 44General duties on the holder in the event of an emergency or grave danger
  55. 45Penalties
  56. 46Fixed penalties
  57. Part 8: MISCELLANEOUS
  58. 47Responsibilities of the Department
  59. 48Revocations, Consequential Amendments and Savings
  60. Signature
  61. Schedule 1: ANNEX I OF THE HAZARDOUS WASTE DIRECTIVE Repealed
  62. “ANNEX I”CATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTE LISTED ACCORDING TO THEIR NATURE OF THE ACTIVITY WHICH GENERATED THEM () (WASTE MAY BE LIQUID, SLUDGE OR SOLID IN FORM) Repealed
  63. Schedule 2: ANNEX II OF THE HAZARDOUS WASTE DIRECTIVE Repealed
  64. “ANNEX II”CONSTITUENTS OF THE WASTES IN ANNEX I.B WHICH RENDER THEM HAZARDOUS WHEN THEY HAVE THE PROPERTIES DESCRIBED IN ANNEX III () Repealed
  65. Schedule 3Annex III to the Waste Directive
  66. Schedule 4FORM OF CONSIGNMENT NOTE
  67. Schedule 5Schedule 5
  68. Schedule 6Schedule 6
  69. Schedule 7: CROSS BORDER MOVEMENT OF HAZARDOUS WASTE
  70. 1Mutual recognition of consignment notes
  71. 2Mutual recognition of consignment notes
  72. 3Mutual recognition of consignment notes
  73. 4General Provisions relating to England, Scotland and Wales
  74. 5General Provisions relating to England, Scotland and Wales
  75. 6Provisions relating to England, Scotland and Wales
  76. 7Provisions relating to England, Scotland and Wales
  77. 8Provisions relating to England, Scotland and Wales
  78. Schedule 8Schedule 8
  79. Schedule 9Schedule 9
  80. Schedule 10: CONSEQUENTIAL AMENDMENTS
  81. Part 1: consequential amendments to the 1997 Order
  82. 1Paragraph 1
  83. Part 2: consequential amendments to secondary legislation
  84. The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
  85. 2Paragraph 2
  86. The Producer Responsibility (Packaging Waste) Regulations (Northern Ireland) 1999
  87. 3Paragraph 3
  88. The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
  89. 4Paragraph 4
  90. Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) Regulations (Northern Ireland) 2000
  91. 5Paragraph 5
  92. The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002
  93. 6Paragraph 6
  94. Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002
  95. 7Paragraph 7 Repealed
  96. Pollution Prevention and Control Regulations (Northern Ireland)2003
  97. 8Paragraph 8
  98. Waste Management Licensing Regulations (Northern Ireland) 2003
  99. 9Paragraph 9
  100. Landfill Regulations (Northern Ireland) 2003 & Landfill (Amendment) Regulations (Northern Ireland) 2004
  101. 10Paragraph 10
  102. Packaging (Essential Requirements) Regulations 2003
  103. 11Paragraph 11 Repealed
  104. Explanatory note