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The Hazardous Waste (Wales) Regulations 2005

Type Welsh-Statutory-Instrument

Publication 2005-07-05

Last updated 2024-01-01

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

Offence under these Regulations	Variable monetary penalty	Restoration notice	Compliance notice	Stop notice	Enforcement undertaking
regulation 19	Yes	Yes	Yes	Yes	Yes
regulation 20	Yes	Yes	Yes	Yes	Yes
regulation 22	Yes	No	No	No	Yes
regulation 34	Yes	No	Yes	No	Yes
regulation 35	Yes	No	Yes	No	Yes
regulation 36	Yes	No	Yes	No	Yes
regulation 37	Yes	No	Yes	No	Yes
regulation 38	Yes	No	Yes	No	Yes
regulation 39	Yes	No	Yes	No	Yes
regulation 40	Yes	No	Yes	No	Yes
regulation 41	Yes	No	Yes	No	Yes
regulation 42	Yes	No	Yes	No	Yes
regulation 43	Yes	No	Yes	No	Yes
. . .	. . .	. . .	. . .	. . .	. . .
regulation 46 and Schedule 7	Yes	No	Yes	No	Yes
regulation 47	Yes	No	Yes	No	Yes
regulation 48	Yes	No	Yes	No	Yes
regulation 49	Yes	No	Yes	No	Yes
regulation 50	Yes	No	Yes	No	Yes
regulation 51	Yes	No	Yes	No	Yes
regulation 53	Yes	No	No	No	Yes
regulation 54	Yes	No	No	No	Yes
regulation 55	Yes	No	No	No	No
regulation 62	Yes	Yes	Yes	Yes	No
regulation 68	Yes	No	No	No	No

(2) The terms used in this regulation have the same meaning as in that Order.

(3) The provisions of that Order in relation to those sanctions apply as if they were provisions of these Regulations.

Defences

Liability of persons other than the principal offender

False and misleading information

Penalties

Fixed penalties

Annex III to the Waste Directive

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

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), 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 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 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(*)	“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.
(*) As far as testing methods are available.	(*) As far as testing methods are available.
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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NRBW to retain registers etc

General duties of the NRBW

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Meaning of the Waste Directive

2A

(1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(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 (within the meaning given to that expression in the European Union (Withdrawal Agreement) Act 2020), was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Wales.

(3) Article 2 is to be read as if—

(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 ”;

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

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

(5) Article 5 is to be read as if—

(a) in paragraph 1, for “Member States shall take appropriate measures to ensure that a” there were substituted “A”;

(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 Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.

(6) Article 6 is to be read as if—

(a) in paragraph 1, for “Member States shall take appropriate measures to ensure that waste” there were substituted “Waste”;

(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 (within the meaning given to that expression in the European Union (Withdrawal) Act 2018) 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 Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.

(i) the first sub-paragraph were omitted;

(ii) in the second sub-paragraph for “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 sub-paragraph—

(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 Natural Resources Body for Wales”;

(bb) the second sentence were omitted;

(ii) in the second sub-paragraph—

(aa) for “Member States” there were substituted “The Natural Resources Body for Wales”;

(bb) “by competent authorities” were omitted.

(7) Article 7 is to be 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 Wales.”;

(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 wastewhich is to be considered as hazardous waste or non-hazardous waste.”;

(8) Article 19 is to be read as if—

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

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

(9) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(10) In paragraph (2) “local authority” means a county council or a county borough council.

Meaning of the “Mining Waste Directive” ...

2B

(1) In regulation 2A(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).

(2) Article 2 is to be read as if—

(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;

(b) paragraphs 3 and 4 were omitted.

(3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) the first reference to “Member States” were a reference to the appropriate authority;

(b) at the end, there were inserted—

and “environmental objectives”, in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, has the same meaning as in those Regulations

Annex III to the Waste Directive

The List of Wastes

General Interpretation

Enwi, cychwyn a chymhwyso

Y Gyfarwyddeb Wastraff ac ystyr Gwastraff

Y Gyfarwyddeb Gwastraff Peryglus

Y Rhestr Wastraffoedd

Dehongli'n Gyffredinol

Gwastraff peryglus

Gwastraff nad yw'n beryglus

Gwastraff penodol sydd i'w drin fel gwastraff peryglus

Gwastraff penodol i'w drin fel gwastraff nad yw'n beryglus

Darpariaethau sy'n gyffredin i reoliadau 8 a 9

Y cyrff angenrheidiol

Cymhwyso cyffredinol ar Rannau 4 i 10

Gwastraff asbestos

Ffracsiynau domestig a gasglwyd ar wahân

Gwastraff ymbelydrol

Gwastraff amaethyddol

Gwastraff mwyngloddiau a chwareli

Ystyr cymysgu gwastraff peryglus

Gwahardd cymysgu gwastraff peryglus heb drwydded

Dyletswydd i wahanu gwastraffoedd a gymysgwyd

Gofyniad i hysbysu'r fangre

Gwahardd symud gwastraff peryglus o fangre oni roddwyd hysbysiad neu onid yw'n esempt

Esemptiad rhag y gofyniad i hysbysu

Hysbysiad gan gynhyrchydd

Hysbysiad gan draddodwr

Darpariaethau cyffredin ynghylch hysbysiadau

Cod mangre

Yr amser effeithiol

Gwasanaethau symudol

Y terfynau cymwys

Cyfyngiad y ddeiliadaeth

Dehongli'n gyffredinol Ran 5

Codau traddodi

Safon codio

Codau traddodi

Y dogfennau sydd i'w cwblhau ar gyfer llwythi

Cwblhau nodiadau traddodi

Y weithdrefn safonol

Atodlen y cludwyr

Amlgasgliadau

Symud gwastraffoedd llongau i gyfleusterau derbyn

Symud gwastraffoedd llongau heblaw i gyfleusterau derbyn

Symud gwastraff drwy biblinell

Llwythi a wrthodwyd

Dyletswydd traddodai nad yw'n derbyn y llwyth

Nodyn traddodi pellach ar gyfer llwyth a wrthodwyd

Y weithdrefn ar gyfer llwythi amlgasgliad a wrthodwyd

Dyletswydd i draddodi o fewn terfyn amser

Dyletswydd i draddodi llwyth yn brydlon

Symudiadau trawsffiniol

Symud trawsffiniol o wastraff peryglus

Cofnodion safle

Cofnodion gwastraff peryglus sydd wedi'i dipio (ei ollwng)

Cofnodion gwaredu neu adfer gwastraff peryglus drwy ddulliau eraill

Cofnodion cynhyrchydd a chofnodion cludo

Cofnodion cynhyrchwyr, deiliaid a thraddodwyr

Cofnodion cludwyr

Cofrestrau a chofnodion: darpariaethau cyffredin

Hawl deiliad blaenorol i gael gwybodaeth

Atebion chwarterol traddodai ac atebion hunanwaredu chwarterol

Atebion y traddodai i'r cynhyrchydd, y deiliad neu'r traddodwr

Dyletswyddau i roi gwybodaeth

Arolygu cynhyrchwyr gwastraff peryglus

Arolygu gweithrediadau casglu a chludo

Asiantaeth i gadw cofrestrau etc

Ffioedd

Darparu gwybodaeth i'r Cynulliad Cenedlaethol

Cyffredinol

Dyletswyddau cyffredinol y deiliad os bydd argyfwng neu berygl difrifol

Dyletswyddau cyffredinol yr Asiantaeth

Gorfodi

Tramgwyddau

Amddiffyniadau

Atebolrwydd personau heblaw'r prif dramgwyddwr

Gwybodaeth anwir a chamarweiniol

Cosbau

Cosbau penodedig

Arbedion i freintiau penodol

Dirymiadau ac arbedion

Diwygiadau Canlyniadol

Darpariaethau Trosiannol

Adnabod nodiadau traddodi trawsffiniol y DU

Llwythi trawsffiniol y DU i mewn i Gymru

Llwythi trawsffiniol y DU allan o Gymru

Amlgasgliadau yng Nghymru a Lloegr

Deddf Diogelu'r Amgylchedd 1990

Deddf Gwastraff a Masnachu Allyriadau 2003

Rheoliadau Gwastraff a Reolir (Cofrestru Cludwyr ac Atafaelu Cerbydau) 1991

Rheoliadau Diogelu'r Amgylchedd (Dyletswydd Gofal) 1991

Rheoliadau Diogelu'r Amgylchedd (Prosesau a Sylweddau Rhagnodedig) 1991

Rheoliadau Trwyddedu Rheoli Gwastraff 1994

Rheoliadau Cynllunio Gwlad a Thref (Asesu Effaith Amgylcheddol) (Cymru a Lloegr) 1999

Rheoliadau Diogelu'r Amgylchedd (Gwaredu Deuffenylau Polyclorineiddiedig a Sylweddau Peryglus) (Cymru a Lloegr) 2000

Rheoliadau Atal a Rheoli Llygredd (Cymru a Lloegr) 2000

Rheoliadau Cemegion (Gwybodaeth am Beryglon a Phecynnu ar gyfer Cyflenwi) 2002

Rheoliadau Tirlenwi (Cymru a Lloegr) 2002

Rheoliadau Pecynnu (Gofynion Hanfodol) 2003

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