{ "url": "https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003/schedule-1A", "json_url": "https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003/schedule-1A.json", "legislation": "nisr/2003/493", "legislation_title": "The Waste Management Licensing Regulations (Northern Ireland) 2003", "legislation_url": "https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003", "path": "schedule/1A", "kind": "schedule", "number": "1A", "heading": "Definition of “relevant waste”", "text": "“Relevant Waste” means—\n(a)subject to paragraph 38 of Schedule 2 and paragraphs (b) to (h), any substance or object which the holder discards or intends or is required to discard;\n(b)the following are excluded from the scope of paragraph (a)—\n(i)gaseous effluents emitted into the atmosphere;\n(ii)land (in situ) including unexcavated contaminated soil and buildings;\n(iii)uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;\n(iv)radioactive waste;\n(v)decommissioned explosives;\n(vi)faecal matter, if not covered by sub-paragraph (c)(ii), straw or other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from biomass through processes or methods which do not harm the environment or endanger human health;\n(c)the following shall be excluded from the scope of paragraph (a) to the extent that they are covered by other assimilated law or EU law which applies by virtue of the Northern Ireland Protocol—\n(i)waste waters;\n(ii)animal by-products including processed products covered by Regulation 1069/2009, except those which are destined for incineration, landfilling or use in a biogas or composting plant;\n(iii)carcasses of animals that have died otherwise than by being slaughtered, including animals killed to eradicate epizootic diseases and that are disposed in accordance with 1069/2009;\n(iv)waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries;\n(v) substances that are destined for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC) No 767/2009 of the European Parliament and of the Council and that do not consist of or contain animal by-products;\n(d)without prejudice to obligations under other relevant assimilated law, sediments located inside surface waters for the purpose of managing waters and waterways or of preventing flood or mitigating the effects of floods, drought or land reclamation shall be excluded from the scope of paragraph (a) if it is proved that the sediments are non-hazardous;\n(e)a substance or object resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in paragraph (a) but as being a by-product only if the following conditions are met—\n(i)further use of the substance or object is certain;\n(ii)the substance or object can be used directly without any further processing other than normal industrial practice;\n(iii)the substance or object is produce as an integral part of the process; and\n(iv)further use is unlawful i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts;\n(f)certain specified waste shall cease to be within the scope of paragraph (a) when it has undergone a recycling or other recovery operation if it complies with the following conditions—\n(i) the substance or object is to be used for specific purposes;\n(ii)a market or demand exists for such a substance or object;\n(iii)the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products;\n(iv)the use of the substance or object will not lead to overall adverse environmental or human health impacts; and\n(v)the criteria shall include limit values for pollutants where necessary and shall take into account possible adverse environmental effects of the substance or object;\n(g)waste which ceases to be waste in accordance with this Schedule shall cease to be waste for the purposes of any relevant assimilated law when recycling or recovery requirements of that law or satisfied; and\n(h)the Department may decide case by case whether certain waste has ceased to be waste taking into account applicable case law.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "Sch. 1A inserted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 1 para. 3(10) (as amended by S.R. 2020/284, regs. 1(1), 3(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)" }, { "type": "F", "label": "F1", "text": "Sch. 1A inserted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 1 para. 3(10) (as amended by S.R. 2020/284, regs. 1(1), 3(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)" }, { "type": "F", "label": "F2", "text": "Word in Sch. 1A substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 2(c)" } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/2003/493/schedule/1A", "retrieved_at": "2026-10-29T02:00:19.401279+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." }