OpenLegislation

The Waste (Prescribed Enactments) (Wales) Regulations 2020

W.S.I. 2020/594 · Made 15 June 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Environment, Wales

Made 15 June 2020

Laid before Senedd Cymru 17 June 2020

Coming into force 9 July 2020

The Welsh Ministers make the following Regulations in exercise of the power conferred by section 57(6) of the Environmental Protection Act 1990f1.

Annotations to the whole text

Footnotes

f1

1990 c. 43. The powers of the Secretary of State in so far as exercisable in relation to Wales under section 57 were transferred to the National Assembly for Wales by virtue of article 2 of, and paragraph 1 of Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). These powers were subsequently transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. 1Title, commencement and expiry
  2. 2Enactments prescribed for the purpose of section 57(6) of the Environmental Protection Act 1990
  3. Signature
  4. Explanatory note

1Title, commencement and expiry

(1)

The title of these Regulations is the Waste (Prescribed Enactments) (Wales) Regulations 2020.

(2)

These Regulations come into force on 9 July 2020.

2Enactments prescribed for the purpose of section 57(6) of the Environmental Protection Act 1990

(1)

The following enactments are prescribed for the purposes of section 57(6) of the Environmental Protection Act 1990—

(a)

sections 33, 34 and 47 of the Environmental Protection Act 1990f1;

(b)

sections 171G, 179, 187, 187A, 216 and 331 of the Town and Country Planning Act 1990f2;

(c)

section 23 of the Planning (Hazardous Substances) Act 1990f3;

(d)

regulation 65 of the Hazardous Waste (Wales) Regulations 2005f4;

(e)

regulation 56 of the Waste Batteries and Accumulators Regulations 2009f5;

(f)

parts 5, 8, and 9 of the Waste (England and Wales) Regulations 2011f6; and

(g)

regulation 38 of the Environmental Permitting (England and Wales) Regulations 2016f7.

(2)

A person shall not be guilty of an offence under any of these enactments by reason of anything necessarily done or omitted in order to comply with a direction under section 57 of the Environmental Protection Act 1990.

Signature

Hannah Blythyn

Deputy Minister for Housing and Local Government, under the authority of the Minister for Housing and Local Government, one of the Welsh Ministers

15 June 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe various enactments for the purposes of section 57(6) of the Environmental Protection Act 1990 (“the 1990 Act”).

Under section 57(1) of the 1990 Act, the Welsh Ministers may direct the holder of any environmental permit authorising a waste operation to accept and keep, or accept and treat or dispose of, waste at specified places on specified terms.

Under section 57(2) of the 1990 Act, the Welsh Ministers may direct any person who is keeping waste on land to deliver the waste to a specified person on specified terms, with a view to it being treated or disposed of by that person.

Section 57(6) of the 1990 Act allows enactments to be prescribed by Regulations to ensure that a person shall not be guilty of an offence under such enactments by reason of anything done in order to comply with a Direction under section 57.

The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment was not carried out as to the likely costs and benefits of complying with these Regulations.