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Change 1
As published
75 Meaning of “waste” and household, commercial and industrial waste and hazardous waste.
(1) The following provisions apply for the interpretation of this Part.
(1A) “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with section 75A.
(2) “Waste” means anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) “Controlled waste” means household, industrial and commercial waste or any such waste.
(5) Subject to subsection (8) below, “household waste” means waste from—
(a) domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
(b) a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);
(c) a residential home;
(d) premises forming part of a university or school or other educational establishment;
(e) premises forming part of a hospital or nursing home.
(6) Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
(a) any factory (within the meaning of the Factories Act 1961);
(b) any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
(c) any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; . . .
(d) any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services; or
(e) any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947
(7) Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
(a) household waste;
(b) industrial waste; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
(8) Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; . . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
(8A) In the application of this Part to England, “hazardous waste” means—
(a) any waste identified as hazardous waste in—
(i) the waste list as it applies in relation to England, or
(ii) regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and
(b) any other waste that is treated as hazardous waste for the purposes of—
(i) regulations made by the Secretary of State under section 62ZA, or
(ii) the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894).
(8B) In the application of this Part to Wales, “hazardous waste” means—
(a) any waste identified as hazardous waste in—
(i) the waste list as it applies in relation to Wales, or
(ii) regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and
(b) any other waste that is treated as hazardous waste for the purposes of—
(i) regulations made by the Welsh Ministers under section 62ZA, or
(ii) the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)).
(8C) In subsections (8A) and (8B) “the waste list” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC).
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
75 Meaning of “waste” and household, commercial and industrial waste and hazardous waste.
(1) The following provisions apply for the interpretation of this Part.
(1A) “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with section 75A.
(2) “Waste” means anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) “Controlled waste” means household, industrial and commercial waste or any such waste.
(5) Subject to subsection (8) below, “household waste” means waste from—
(a) domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
(b) a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);
(c) a residential home;
(d) premises forming part of a university or school or other educational establishment;
(e) premises forming part of a hospital or nursing home.
(6) Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
(a) any factory (within the meaning of the Factories Act 1961);
(b) any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
(c) any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; . . .
(d) any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services; or
(e) any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947
(7) Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
(a) household waste;
(b) industrial waste; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
(8) Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; . . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
(8A) In the application of this Part to England, “hazardous waste” means—
(a) any waste identified as hazardous waste in—
(i) the waste list as it applies in relation to England, or
(ii) regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and
(b) any other waste that is treated as hazardous waste for the purposes of—
(i) regulations made by the Secretary of State under section 62ZA, or
(ii) the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894).
(8B) In the application of this Part to Wales, “hazardous waste” means—
(a) any waste identified as hazardous waste in—
(i) the waste list as it applies in relation to Wales, or
(ii) regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and
(b) any other waste that is treated as hazardous waste for the purposes of—
(i) regulations made by the Welsh Ministers under section 62ZA, or
(ii) the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)).
(8C) In subsections (8A) and (8B) “the waste list” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC).
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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