Regulation 45 Amendments to the Hazardous Waste Regulations (Northern Ireland) 2005I1

Northern Ireland

(1)

The Hazardous Waste Regulations (Northern Ireland) 2005^f1 shall be amended in accordance with regulations 45(2) to 63.

(2)

In regulation 2(1)—

(a)

insert the following definitions in the appropriate alphabetical order—

““broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;
“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;
“domestic waste” means waste produced by a household;
“management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker; and
“waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;”;

(b)

substitute the following definitions—

(i)

for the definition of “collection” substitute—

““collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;”

(ii)

for the definition of “consignment note” substitute—

““consignment note”, in relation to a consignment of hazardous waste, means the identification document, as set out in Schedule 4, which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the Waste Directive;”

(iii)

for the definition of “disposal” substitute—

““disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy, (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations);”

(iv)

for the definition of “holder” substitute—

““holder” means the producer of the waste or the person who is in possession of it;”

(v)

for the definition of “producer” substitute—

““producer” means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste;”

(vi)

for the definition of “recovery” substitute—

““recovery” means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy; (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations);”

(vii)

for the definition of “waste battery or accumulator” substitute—

““waste battery or accumulator” means any battery or accumulator which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste”;

(c)

omit the definition of “the Hazardous Waste Directive”;

(3)

omit paragraph (2);

(4)

in paragraph (3) omit “or the Hazardous Waste Directive” and “or the Hazardous Waste Directive, as the case may be”

Regulation 45 Amendments to the Hazardous Waste Regulations (Northern Ireland) 2005I1

Annotations

Commencement

Footnotes