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The Hazardous Waste Regulations (Northern Ireland) 2005

Type Ni-Statutory-Rule

Publication 2005-06-20

Last updated 2025-02-27

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Reform history JSON API

[^key-ed65779f96b0f3fd0ee2818c2da98f37]: Words in reg. 19(4) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 1 para. 6(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ee08bf2b6dc06f1a20d7f291876c4679]: Word in reg. 38(4) inserted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 56(3)(a) (with reg. 9(2))

[^key-ef72de2e0557616f4963d270261a44c7]: Reg. 8 in operation at 16.7.2005, see reg. 1(1)

[^key-f15ec2c0ee39e07e024da12acc4ed6fe]: Sch. 7 para. 4 in operation at 16.7.2005, see reg. 1(1)

[^key-f32fc899ee4acc8ab1b77bd6acca944f]: Words in reg. 19(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 53(1) (with reg. 9(2))

[^key-f3adbd140369396c304e55d4e9696b53]: Words in reg. 45 substituted (21.10.2005) by The Hazardous Waste (Amendment) Regulations (Northern Ireland) 2005 (S.R. 2005/461), regs. 1(1), 2(3)

[^key-f46bec70cc54041197b06596e61c0879]: Words in reg. 2(1) substituted (31.12.2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 1 para. 6(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f52fe49c0232889fc35fe4c566525614]: Words in reg. 18 inserted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 52(1) (with reg. 9(2))

[^key-f60f3eaf6df35f1fe99c5df567650ec1]: Words in reg. 3(1)(a) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/271), regs. 1, 3(3)(a)

[^key-f75869ff93aa1cb8026cbfc730fa6750]: Reg. 17 in operation at 16.7.2005, see reg. 1(1)

[^key-f829bf07addd428b50b667019082f8b2]: Words in reg. 24(2)(c) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 7(8)(a)

[^key-fa975c20181dd3703d326ac5a36fe130]: Reg. 36 in operation at 16.7.2005, see reg. 1(1)

[^key-fb8b6739a588d9f224cd8c9ea2b9a271]: Word in reg. 37(2) inserted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 55(1) (with reg. 9(2))

[^key-fbd1621ed0cf95ef7102b3d54c167176]: Reg. 18(aa) inserted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 52(2) (with reg. 9(2))

[^key-fe0c882a3b9811f58a2b4f3cd2d9c68d]: Words in reg. 23(2)(a)(ii) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 7(7)

[^key-ffe4f714cee181efc73f428ce7dd8c49]: Words in reg. 45(a) substituted (21.10.2005) by The Hazardous Waste (Amendment) Regulations (Northern Ireland) 2005 (S.R. 2005/461), regs. 1(1), 2(4)

[^M_F_2d3040e5-b65e-42b7-ab82-a68abbd88f6a]: Words in reg. 2(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 45(2)(b)(ii) (with reg. 9(2))

[^M_F_6b3683b2-af53-4b4a-9d4d-70ef5238566d]: Words in reg. 2(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 45(2)(b)(v) (with reg. 9(2))

[^M_F_8ad3a0ab-a769-4c71-da0f-8ab85b77ba48]: Words in reg. 19(6)(b) substituted (31/12/2020) by The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I 2019/289), regs. 1, sch. 1 para 6(7)(b)

[^M_F_be079c22-80fe-4091-c844-b75320011c05]: Words in reg. 2(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 45(2)(b)(iii) (with reg. 9(2))

[^M_F_d9c9a5bb-2c85-447c-97cf-57e616c6a4c5]: Words in reg. 2(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 45(2)(b)(iv) (with reg. 9(2))

Annex III to the Waste Directive

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NotesAttribution of the hazardous properties “toxic” (and “very toxic”), “harmful”, “corrosive”, “irritant”, “carcinogenic”, “toxic to reproduction”; “mutagenic” and “ecotoxic” is made on the basis of the criteria laid down by Annex VI, to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.Where relevant the limit values listed in Annex II and III to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations shall apply.	NotesAttribution of the hazardous properties “toxic” (and “very toxic”), “harmful”, “corrosive”, “irritant”, “carcinogenic”, “toxic to reproduction”; “mutagenic” and “ecotoxic” is made on the basis of the criteria laid down by Annex VI, to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.Where relevant the limit values listed in Annex II and III to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations shall apply.
Test methodsThe methods to be used are described in Annex V to Directive 67/548/EEC and in other relevant CEN-notes.	Test methodsThe methods to be used are described in Annex V to Directive 67/548/EEC and in other relevant CEN-notes.
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), orsubstances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, orsolid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or be consumed after removal of the source of ignition, orgaseous substances and preparations which are flammable in air at normal pressure, orsubstances 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 contact.
H9	“Infectious”: substances and preparations containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10	“Toxic for reproduction”: 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	Waste which releases toxic or very toxic gases in contact with water, air or an acid.
H13()() As far as testing methods are available.	“Sensitizing”: substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitization such that on further exposure to the substance or preparation, characteristic adverse effects are produced.
H14	“Ecotoxic”: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.
H15	Waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics above.

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Modification of the Waste Directive

3A

(1) For the purposes of these Regulations, the Waste Directive is to be read as follows.

(2) A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Northern Ireland.

(3) In Article 2—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “assimilated law”;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”; and

(iii) in point (d), for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted; and

(5) Article 5 is to be read as if—

(a) in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made— (a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and (b) having regard to any guidance published by the appropriate authority for the purposes of this Article.

(6) Article 6 is to read as if—

(a) in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made— (a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and (b) having regard to any guidance published by the appropriate authority for the purposes of this Article.

(i) the first sub-paragraph were omitted;

(ii) in the second subparagraph, for the words “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth sub-paragraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for the words “Member States” there were substituted “The appropriate authority”;

(bb) “by competent authorities” were omitted.

(7) Article 7 is to read as if—

(a) before paragraph 1 there were inserted—

(A1) In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in Northern Ireland.

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(8) In Article 19—

(a) in paragraph 1, for “Community” there were substituted “ national ”; and

(b) in paragraph 2, for “a Member State” there were substituted “ Northern Ireland ”.

(9) In Annex 3, in entry HP 9, in the second sentence, the words “in the Member States” were omitted.

(10) In paragraph (2), “local authority” means a district council established under section 1 of the Local Government Act (Northern Ireland) 1972

Meaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”

3B

(1) In regulation 3A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive Industries , read in accordance with paragraphs (2) and (3) of this regulation.

(2) In Article 2 of the Mining Waste Directive—

(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (7) of this regulation; and

(b) paragraphs 3 and 4 were omitted.

(3) In Article 3(1) of the Mining Waste Directive, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Directive, read in accordance with Articles 5 and 6 of that Directive ”.

(4) In regulation 3A(4), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs 5 and 6 of this regulation.

(5) In Article 3 of the Industrial Emissions Directive—

(a) in point 1(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;

(b) in point 10(b), for “Member State in question” there were substituted “ United Kingdom ”;

(c) in point 23, for the words from “point 1” to the end there were substituted “ point 1 of the second paragraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”; and

(d) in point (37), for the words from “of the European” to the end there were substituted “ , read with Article 5 and 6 of that Directive ”.

(6) In Annex 1—

(a) in the words before point 1, the second paragraph were omitted;

(b) in point 5.3—

(i) in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment ” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”; and

(ii) in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”;

(c) in point 5.4, for “in Article 2(g) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste ” there were substituted “ the Landfill Directive ”;

(d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of Northern Ireland ”; and

(e) in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”.

(7) For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a) for “Member States” where it occurs there were substituted “ the appropriate authority ”;

(b) in the words after the final indent, “environmental objectives” in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those regulations.

(8) In paragraph (7)(b)—

Annex III to the Waste Directive

The List of Wastes

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