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Regulation 2ZB Specific waste to be treated as hazardous wasteF1F2

(1)

The Scottish Ministers, having regard to the List of Wastes and the limit values of concentration set out in Annex III, may determine, in exceptional cases, that a specific batch of waste in Scotland which—

(a)

is not listed as hazardous in the List of Wastes, or

(b)

though of a type listed as hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 2ZC,

displays one or more of the hazardous properties, and accordingly that it shall be treated for all purposes as hazardous waste.

(2)

A specific batch of waste produced in Wales, England or Northern Ireland and not listed as hazardous in the List of Wastes, which is for the time being determined to be hazardous as referred to in paragraph (3) shall, subject to any determination made under regulation 2ZC, be treated for all purposes as hazardous waste in Scotland.

(3)

For the purposes of paragraph (2), a specific batch of waste may be determined to be hazardous—

(a)

in relation to Wales—

(i)

if listed in regulations made under section 62A(2) of the 1990 Act, or

(ii)

if so determined by the Welsh Assembly under regulation 8 of the Hazardous Waste (Wales) Regulations 2005 ,

(b)

in relation to England—

(i)

if listed in regulations made under section 62A(1) of the 1990 Act, or

(ii)

if so determined by the Secretary of State under regulation 8 of the Hazardous Waste (England and Wales) Regulations 2005 , or

(c)

in relation to Northern Ireland, if so determined by the Department of Agriculture, Environment and Rural Affairs under regulation 8 or 9 of the Hazardous Waste Regulations (Northern Ireland) 2005 .

Annotations

Textual amendments

F1

Regulations revoked (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 76 (with reg. 75) and Regulations revoked (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 72(1) (with reg. 72(2))

F2

Regs. 2ZA-2ZF inserted (S.) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 7(5); 2020 c. 1, Sch. 5 para. 1(1)