The Hazardous Waste Regulations (Northern Ireland) 2005

• (a) a person shall be considered to be the holder of hazardous waste notwithstanding that he would, apart from this sub-paragraph, have ceased to be the holder through the waste having left his possession or control due to release; and

• (b) a person shall not be considered to be the holder of hazardous waste notwithstanding that, apart from this sub-paragraph, he would be considered the holder due to the waste having coming into his possession or control due to release onto or into premises of which he is the occupier or of which he has possession or control.

Penalties

45

A person who commits an offence under regulation 43 shall be liable—

• (a) on summary conviction, to a fine not exceeding not exceeding the statutory maximum ;

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Fixed penalties

46

• (1) Where an authorised person acting on behalf of the Department has reason to believe that a person has committed an offence under regulation 43(1) to which this regulation applies, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

• (2) This regulation applies to an offence consisting of a failure to comply with any requirement of any of the following regulations—

• (a) regulation 23 (standard procedure for consignment notes);

• (b) regulation 26 (procedures for schedule of carriers);

• (c) regulation 27 (procedures for carrier’s round).

• (3) Where a person is given a notice under this regulation in respect of an offence—

• (a) no proceedings shall be instituted for that offence before the expiration of twenty eight days following the date of the notice; and

• (b) he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

• (4) A notice under this regulation shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

• (a) the period during which, by virtue of paragraph (3), proceedings will not be taken for the offence;

• (b) the amount of the fixed penalty; and

• (c) the name of the person to whom and the address at which the fixed penalty may be paid; and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

• (5) Where a letter is sent in accordance with paragraph (4) payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

• (6) A fixed penalty notice issued pursuant to this section shall be in the form set out in Schedule 9.

• (7) The fixed penalty payable in pursuance of a notice under this regulation shall be £200.

• (8) In any proceedings a certificate which—

• (a) purports to be signed by or on behalf of the authorised officer of the Department;

• (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

PART 8 — MISCELLANEOUS

Responsibilities of the Department

47

• (1) It is the duty of the Department to enforce these Regulations and to supervise the persons and activities subject to any provision of these Regulations.

• (2) In preparing any waste management plan under Article 19 of the 1997 Order, and in modifying that plan in accordance with Article 19(2), ......, the Department shall ensure that the content of the plan under Article 19(3) addresses specifically plans for the management of hazardous waste, supported, as required by consultation and surveys under Article 19(4) and (5), and such plans shall be made public in such manner as appears to the Department to be appropriate.

Revocations, Consequential Amendments and Savings

48

• (1) The Special Waste Regulations (Northern Ireland) 1998²⁶ are hereby revoked.

• (2) Schedule 10 (which makes consequential amendments to the 1997 Order in Part 1 and to secondary legislation in Part 2) has effect.

• (3) Subject to paragraph (4), the 1998 Regulations shall continue to have effect in relation to any hazardous waste in respect of which the consignment note (within the meaning of those Regulations) has been generated, in accordance with regulation 5 of those Regulations, before the coming into operation of these Regulations.

• (4) In the event that a consignment of hazardous waste under a consignment note issued under the 1998 Regulations is refused or rejected by the consignee, and these Regulations have taken effect since the issue of that consignment note, notwithstanding paragraph (3) above, a new consignment note shall be issued in accordance with these Regulations.

• (5) The requirements of Regulation 39(1) (“site records”) apply equally to records kept under the Special Waste Regulations 1998, notwithstanding paragraph (1) above.

• (6) Consignment notes issued under the 1998 Regulations shall cease to have effect on 16th August 2005 and will not be valid for use on or after this date.

• (7) Until the end of the period of 6 months beginning with the day on which the Waste Regulations (Northern Ireland) 2011 are made, the forms set out in these Regulations as originally enacted, or forms requiring the same information in substantially the same format, may be used instead of those substituted by the Waste Regulations (Northern Ireland) 2011.

SCHEDULE 1 — ANNEX I OF THE HAZARDOUS WASTE DIRECTIVE

“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)

* Certain duplications within this Annex are intentional.	* Certain duplications within this Annex are intentional.
ANNEX I.A	ANNEX I.A
Wastes displaying any of the properties listed in Annex III and which consist of:	Wastes displaying any of the properties listed in Annex III and which consist of:
1.	anatomical substances; hospital and other clinical wastes;
2.	pharmaceuticals, medicines and veterinary compounds;
3.	wood preservatives;
4.	biocides and phyto-pharmaceutical substances;
5.	residue from substances employed as solvents;
6.	halogenated organic substances not employed as solvents excluding inert polymerized materials;
7.	tempering salts containing cyanides;
8.	mineral oils and oily substances (e.g. cutting sludges, etc.);
9.	oil/water, hydrocarbon/water mixtures, emulsions;
10.	substances containing PCBs and/or PCTs (e.g. dielectrics etc.);
11.	tarry materials arising from refining, distillation and any pyrolytic treatment (e.g. still bottoms, etc.);
12.	inks, dyes, pigments, paints, lacquers, varnishes;
13.	resins, latex, plasticizers, glues/adhesives;
14.	chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known (e.g. laboratory residues, etc.);
15.	pyrotechnics and other explosive materials;
16.	photographic chemicals and processing materials;
17.	any material contaminated with any congener of polychlorinated dibenzofuran;
18.	any material contaminated with any congener of polychlorinated dibenzo-p-dioxin.
ANNEX I.B	ANNEX I.B
Wastes which contain any of the constituents listed in Annex II and having any of the properties listed in Annex III and consisting of:	Wastes which contain any of the constituents listed in Annex II and having any of the properties listed in Annex III and consisting of:
19.	animal or vegetable soaps, fats, waxes;
20.	non-halogenated organic substances not employed as solvents;
21.	inorganic substances without metals or metal compounds;
22.	ashes and/or cinders;
23.	soil, sand, clay including dredging spoils;
24.	non-cyanidic tempering salts;
25.	metallic dust, powder;
26.	spent catalyst materials;
27.	liquids or sludges containing metals or metal compounds;
28.	residue from pollution control operations (e.g. baghouse dusts, etc.) except (29), (30) and (33);
29.	scrubber sludges;
30.	sludges from water purification plants;
31.	decarbonization residue;
32.	ion-exchange column residue;
33.	sewage sludges, untreated or unsuitable for use in agriculture;
34.	residue from cleaning of tanks and/or equipment;
35.	contaminated equipment;
36.	contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents included one or more of the constituents listed in Annex II;
37.	batteries and other electrical cells;
38.	vegetable oils;
39.	materials resulting from selective waste collections from households and which exhibit any of the characteristics listed in Annex III;
40.	any other wastes which contain any of the constituents listed in Annex II and any of the properties listed in Annex III.

SCHEDULE 2 — ANNEX II OF THE HAZARDOUS WASTE DIRECTIVE

“ANNEX II” — CONSTITUENTS OF THE WASTES IN ANNEX I.B WHICH RENDER THEM HAZARDOUS WHEN THEY HAVE THE PROPERTIES DESCRIBED IN ANNEX III ()

* Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.	* Certain duplications of generic types of hazardous wastes listed in Annex I are intentional.
C1	beryllium; beryllium compounds;
C2	vanadium compounds;
C3	chromium (VI) compounds;
C4	cobalt compounds;
C5	nickel compounds;
C6	copper compounds;
C7	zinc compounds;
C8	arsenic; arsenic compounds;
C9	selenium; selenium compounds;
C10	silver compounds;
C11	cadmium; cadmium compounds;
C12	tin compounds;
C13	antimony; antimony compounds;
C14	tellurium; tellurium compounds;
C15	barium compounds; excluding barium sulfate;
C16	mercury; mercury compounds;
C17	thallium; thallium compounds;
C18	lead; lead compounds;
C19	inorganic sulphides;
C20	inorganic fluorine compounds, excluding calcium fluoride;
C21	inorganic cyanides;
C22	the following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in uncombined form;
C23	acidic solutions or acids in solid form;
C24	basic solutions or bases in solid form;
C25	asbestos (dust and fibres);
C26	phosphorus: phosphorus compounds, excluding mineral phosphates;
C27	metal carbonyls;
C28	peroxides;
C29	chlorates;
C30	perchlorates;
C31	azides;
C32	PCBs and/or PCTs;
C33	pharmaceutical or veterinary compounds;
C34	biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.);
C35	infectious substances;
C36	creosotes;
C37	isocyanates; thiocyanates;
C38	organic cyanides (e.g. nitriles, etc.);
C39	phenols; phenol compounds;
C40	halogenated solvents;
C41	organic solvents, excluding halogenated solvents;
C42	organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Annex;
C43	aromatic compounds; polycyclic and heterocyclic organic compounds;
C44	aliphatic amines;
C45	aromatic amines
C46	ethers;
C47	substances of an explosive character, excluding those listed elsewhere in this Annex;
C48	sulphur organic compounds;
C49	any congener of polychlorinated dibenzo-furan;
C50	any congener of polychlorinated dibenzo-p-dioxin;
C51	hydrocarbons and their oxygen; nitrogen and/or sulphur compounds not otherwise taken into account in this Annex.

SCHEDULE 3 — Annex III to the Waste Directive

“ANNEX III” — PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS

Notes Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, Part IA and Part IIB, of Council Directive 67/548/EEC of 27th June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances[^f00040], in the version as amended by Council Directive 79/831/EEC[^f00041]. With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (Part IID) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC (1).	Notes Attribution of the hazard properties “toxic” (and “very toxic”), “harmful”, “corrosive” and “irritant” is made on the basis of the criteria laid down by Annex VI, Part IA and Part IIB, of Council Directive 67/548/EEC of 27th June 1967 of the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances[^f00040], in the version as amended by Council Directive 79/831/EEC[^f00041]. With regard to attribution of the properties “carcinogenic”, “teratogenic” and “mutagenic”, and reflecting the most recent findings, additional criteria are contained in the Guide to the classification and labelling of dangerous substances and preparations of Annex VI (Part IID) to Directive 67/548/EEC in the version as amended by Commission Directive 83/467/EEC (1).
Test methods The test methods serve to give specific meaning to the definitions given in Annex III. The methods to be used are those described in Annex V to Directive 67/548/EEC, in the version as amended by Commission Directive 84/449/EEC (2), or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.	Test methods The test methods serve to give specific meaning to the definitions given in Annex III. The methods to be used are those described in Annex V to Directive 67/548/EEC, in the version as amended by Commission Directive 84/449/EEC (2), or by subsequent Commission Directives adapting Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recommendations of the competent international bodies, in particular the OECD.
H1	“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2	“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3(A)	“Highly flammable”: liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids), or substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or gaseous substances and preparations which are flammable in air at normal pressure, or substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3(B)	“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C.
H4	“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5	“harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6	“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7	“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8	“Corrosive”: substances and preparations which may destroy living tissue on contacts.
H9	“Infectious”: substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10	“Teratogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11	“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12	Substances and preparations which release toxic or very toxic gases in contact with water, air or an acid.
H13	Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.
H14	“Ecotoxic”: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

SCHEDULE 4 — FORM OF CONSIGNMENT NOTE

FORM OF CONSIGNMENT NOTE

Hazardous Waste Regulations (Northern Ireland) 2005

SCHEDULE 5

SCHEDULE OF CARRIERS

SCHEDULE 6

CARRIERS' SCHEDULE FOR CARRIER'S ROUND

SCHEDULE 7 — CROSS BORDER MOVEMENT OF HAZARDOUS WASTE

Mutual recognition of consignment notes

1

Where hazardous waste has been removed from premises situated in England, Scotland, Wales, or Gibraltar and is transported into Northern Ireland, any consignment note that accompanies that hazardous waste and which either contains or purports to contain the same information in substantially the same format as that set out in either of the notes referred to in subsections (a) or (b) below, shall be treated for the purposes of these Regulations as if it was a consignment note raised in compliance or purported compliance with the provisions of these Regulations:

• (a) Annex 1A and 1B of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste as last amended by Commission Regulation (EC) No.1379/2007;

• (b) the form of consignment note set out in Schedule 4 of these Regulations.

2

Where hazardous waste has been removed from premises situated in England, Scotland, Wales, or Gibraltar and is transported into Northern Ireland, any reference to “special waste” in the consignment note which accompanies the hazardous waste shall for the purposes of these Regulations be deemed to be a reference to “hazardous waste” and any reference to the “EWC Code” shall have effect as if it were a reference to the “List of Wastes Code”.

3

Any obligation under these Regulations on the producer, holder, consignor, carrier or consignee to complete the relevant part of the consignment note shall be construed as a requirement to complete the equivalent part of any consignment note travelling with any consignment removed from premises in England, Scotland or Wales and transported into Northern Ireland.

General Provisions relating to England, Scotland and Wales

4

The obligations on the consignee and carrier in regulation 31 (duty of consignee not accepting delivery) shall have effect notwithstanding that the consignment of hazardous waste is from premises situated in England, Scotland or Wales and for the avoidance of doubt this shall include:

• (a) the consignee sending a copy of the consignment note or a written explanation to the consignor, producer or holder as the case may be, whether situated in England, Scotland or Wales;

• (b) the carrier informing the Department and seeking instructions from the producer, holder or consignor whether situated in England, Scotland or Wales, and to the extent that those instructions are compatible with these regulations, taking all reasonable steps to ensure they are fulfilled.

5

Where a consignment of hazardous waste is rejected by a consignee in England, Scotland or Wales the obligations on the producer, holder or consignor contained in regulations 31 (duty of consignee not accepting delivery) applies in relation to that consignment to the extent that the law applicable in England, Scotland or Wales imposes substantially similar obligations on the producer, holder or consignor.

Provisions relating to England, Scotland and Wales

6

Where a consignment of hazardous waste is to be removed from any premises in Northern Ireland and is to be transported and consigned to a consignee in either England, Scotland or Wales, before any such consignment is removed—

• (a) the hazardous waste producer or holder, as the case may be, shall—

• (i) prepare an extra copy of the consignment note for the consignee and a copy of the consignment note for the Environment Agency (where the waste is to be consigned to a consignee in England or Wales), or for the Scottish Environment Protection Agency (where the waste is to be consigned to a consignee in Scotland), and both of these copies shall be in addition to those copies prepared in accordance with regulation 23 (standard procedure) and regulation 30(3) (removal of wastes by pipeline) as the case may be;

• (ii) shall treat those copies of the consignment note in the manner provided by regulation 23 or regulation 30 as the case may be.

• (b) the consignor and the carrier shall treat the additional two copies of the consignment note in accordance with regulation 23, except that the consignor (or the producer or holder in the case of removal of wastes by pipeline as provided in regulation 30) shall send one copy of the consignment note to either the Environment Agency (where the waste is to be consigned to a consignee in England or Wales) or to the Scottish Environment Protection Agency (where the waste is to be consigned to a consignee in Scotland), at least 72 hours before the removal of the consignment unless such consignment cannot lawfully remain where it is for 72 hours, in which case the consignment note may be sent to the Environment Agency or Scottish Environment Protection Agency as the case may be within 72 hours before the removal.

7

Where a carrier makes a multiple collection of hazardous waste in accordance with regulation 24, and the waste is consigned to a consignee in England, Scotland or Wales, he shall before the first collection—

• (a) prepare an additional copy of both the consignment note and the carrier’s schedule to that required by regulation 27(2)(b);

• (b) complete the relevant parts of the consignment note as required by regulation 27(2)(b)(ii); and

• (c) send one copy of both the consignment note and the carriers schedule to the Environment Agency (where the waste is consigned to a consignee in England or Wales) or to the Scottish Environment Protection Agency (where the waste is consigned to a consignee in Scotland), at least 72 hours before the first collection, unless such consignment cannot lawfully remain where it is for 72 hours, in which case the consignment note and the carriers schedule may be sent within 72 hours before the first collection.

8

Where a consignment of hazardous waste is transported from England, Scotland or Wales to premises situated in Northern Ireland the consignee shall send a copy of the consignment note to either the Environment Agency (where the waste is to be consigned from England or Wales) or to the Scottish Environment Protection Agency (where the waste is to be consigned from Scotland) within the timeframe specified by regulation 34(1).

SCHEDULE 8

FORM OF CONSIGNEE'S RETURN TO PRODUCER OR HOLDER

SCHEDULE 9

FORM OF FIXED PENALTY NOTICES

SCHEDULE 10 — CONSEQUENTIAL AMENDMENTS

PART 1 — consequential amendments to the 1997 Order

1

For each reference to special waste in Articles 4(9), 12(12), 12(13), 30(1), 30(2)(a)–(e), 30(3)(b) and 31(2)(b) of the 1997 Order there is substituted a reference to hazardous waste.

PART 2 — consequential amendments to secondary legislation

The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999

2

• (1) The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 are hereby amended as follows.

• (2) In paragraph 9 of Schedule 1, for “hazardous waste (that is to say, waste to which Council Directive 91/689/EEC applies).” substitute “hazardous waste (as defined in regulation [xx] of the Hazardous Waste Regulations (Northern Ireland) 2005.)”.

The Producer Responsibility (Packaging Waste) Regulations (Northern Ireland) 1999

3

• (1) The Producer Responsibility (Packaging Waste) Regulations (Northern Ireland) 1999 are hereby amended as follows.

• (2) Any reference to “special waste” in these Regulations to be substituted by “hazardous waste” as defined in regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

• (3) Any reference to “Special Waste Regulations (Northern Ireland) 1998” in these Regulations to be substituted by “Hazardous Waste Regulations (Northern Ireland) 2005”.

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

4

• (1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 are hereby amended as follows.

• (2) In Schedule 1 for regulation 17 of Special Waste Regulations (Northern Ireland) insert “regulation 43 of The Hazardous Waste Regulations (Northern Ireland) 2005”.

Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) Regulations (Northern Ireland) 2000

5

• (1) The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances) ( Regulations (Northern Ireland) 2000 are hereby amended as follows.

• (2) In regulation 11(3) any reference to copies of consignment note shall be construed, where necessary, to include consignment notes under Hazardous Waste Regulations (Northern Ireland) 2005.

The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002

6

• (1) The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 are hereby amended as follows.

• (2) In regulation 2(3), for “special waste” substitute “hazardous waste”, and for “Special Waste Regulations (Northern Ireland) 1998” substitute “Hazardous Waste Regulations (Northern Ireland) 2005”.

Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pollution Prevention and Control Regulations (Northern Ireland)2003

8

• (1) The Pollution Prevention and Control Regulations (Northern Ireland) 2005 are hereby amended as follows.

• (2) Any reference to “special waste” in these Regulations to be substituted by “hazardous waste” as defined by regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

• (3) Any reference to Special Waste Regulations (Northern Ireland) 1998 in these Regulations to be substituted by “Hazardous Waste Regulations (Northern Ireland) 2005.

• (4) In Chapter 5 of Schedule 1, any reference to “hazardous waste” shall be taken to have the meaning in regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

Waste Management Licensing Regulations (Northern Ireland) 2003

9

• (1) The Waste Management Licensing Regulations (Northern Ireland) 2003 are hereby amended as follows.

• (2) Any reference to “special waste” within these Regulations to be substituted by “hazardous waste” as defined by regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

• (3) Any reference to regulation 17 of the Special Waste Regulations (Northern Ireland) 1998 in these Regulations to be substituted by regulation 43 of Hazardous Waste Regulations (Northern Ireland) 2005.

• (4) Any reference to “hazardous waste” in these Regulations shall be taken to be as defined by regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

Landfill Regulations (Northern Ireland) 2003 & Landfill (Amendment) Regulations (Northern Ireland) 2004

10

• (1) The Landfill Regulations (Northern Ireland) 2003 and Landfill (Amendment) Regulations (Northern Ireland) 2004 are hereby amended as follows.

• (2) Any reference to “hazardous waste” in these Regulations shall be taken to be a reference to regulation 6 of Hazardous Waste Regulations (Northern Ireland) 2005.

• (3) Any reference to “Hazardous Waste List” shall be taken to refer to the List of Wastes as defined by regulation 5 of Hazardous Waste Regulations (Northern Ireland) 2005.

Packaging (Essential Requirements) Regulations 2003

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Sealed with the Official Seal of the Department of the Environment on 20th June 2005.

Ian Maye — A senior officer of the — Department of the Environment

Explanatory note

(This note is not part of the Regulations)

These Regulations set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC) in Northern Ireland.

Hazardous Waste The Waste Framework Directive (Directive 75/442/EEC) regulates, subject to the certain exclusions, the management of all types of waste (“Directive waste”). The Hazardous Waste Directive supplements the Waste Framework Directive by imposing additional requirements in relation to Directive waste, which displays certain hazardous properties. These requirements have previously been transposed by the Special Waste Regulations (Northern Ireland) 1998 through controls on “special waste”. These Regulations repeal the Special Waste Regulations (Northern Ireland) 1998 and replace the term “special waste” with “hazardous waste”. Parts 1 to 3 of the Regulations define hazardous waste and set out how the Regulations apply to that waste. The definition of hazardous waste in regulation 6 refers to the list of hazardous wastes set out in the List of Wastes (Northern Ireland) Regulations 2005 (S.R. 2005 No. 301). Regulations 9 to 11 permit the Department of the Environment to determine specific wastes to be classed as hazardous or non-hazardous within Northern Ireland. Part 3 of the Regulations includes an exemption from these controls for domestic waste, which displays hazardous properties but not if it comprises asbestos waste or is collected separately. In both cases, the Regulations do not impose obligations directly on householders.

Mixing Ban Part 4 bans the mixing of hazardous waste during disposal or recovery operation or by anyone who produces, collects or transports hazardous waste unless such activity is permitted or authorised in accordance with the Waste Framework Directive. It also imposes a duty to separate different categories of Hazardous Waste where technically and economically feasible.

Movement of Hazardous Waste Part 5 requires documents to be completed whenever hazardous waste is removed from premises, (which includes removal from ships and removal by pipeline). The Regulations require that all hazardous waste produced in Northern Ireland must be accompanied by the appropriate documentation for transfer within the United Kingdom. The various types of form are set out in Schedules 4 to 7. The Regulations require an accurate description of consignments of waste accompanies them whenever they move and each consignment to be accompanied with a unique consignment code. This is in addition to any requirements to ensure hazardous waste is properly packaged and labelled (see in particular the Packaging (Essential Requirements) Regulations 2003 (S.I. 2003/1941)). Producers, holders, carriers, consignors and consignees are all required to complete various parts of the forms. There is provision for a schedule of the carriers to monitor the waste chain and a copy of the completed Schedule of Carriers must be sent to the Department of the Environment. If the consignee rejects the waste, suitable alternative arrangements, including a new consignment note, must be made. Schedule 7 deals with cross border transfers within the United Kingdom and Gibraltar.

Registers, Records and Returns Part 6 requires producers, holders, carriers, consignors and consignees to keep records. These must be kept for no less than 3 years. The Department of the Environment retains a right of inspection. The Regulations require consignees to provide producers, holders or consignors with a return as set out in Schedule 8 or a copy of the consignment note within 30 days of accepting the consignment.

Enforcement Part 7 makes it an offence for failure to comply with the requirements of these Regulations. The maximum penalty for failure to comply with a requirement imposed by or under the regulations set out in regulation 45 is level 5 on the standard scale (currently £5000) or to a fine or imprisonment for a period not exceeding two years. The Department of the Environment may issue fixed penalty notices of £200 instead of seeking conviction in the courts in relation to such offences. Other offences under the Regulations (including the provision of false information) are subject to a maximum fine of level 5 if tried summarily and higher fines and also imprisonment if tried on indictment. It is a defence to any offence under these Regulations, that the accused took all reasonable precautions and exercised due diligence to avoid the offence. Part 7 also imposes duties on holders of hazardous waste in the event of an emergency or grave danger which arises from hazardous waste.

Amendments to other legislation Schedule 10, Part I omits references to special waste in the Waste and Contaminated Land (Northern Ireland) Order 1997 and replace them with references to hazardous waste. Schedule 10, Part II makes consequential amendments to secondary legislation so that references to special waste are omitted and references to hazardous waste are updated so that they are consistent with these Regulations.

Footnotes

Editorial notes