Environment Bill (HC Bill 3)

(a) it is within any of the recyclable waste streams, and

(b) it is of a description specified in regulations.

(10) For the purposes of this Article the “recyclable waste streams” are—

(a) glass;

(b) 5metal;

(c) plastic;

(d) paper and card;

(e) food waste.

(11) For the purposes of this Article “relevant non-domestic premises”
10means—

(a) a residential home;

(b) premises forming part of a university or school or other
educational establishment;

(c) premises forming part of a hospital or nursing home;

(d) 15premises of a description specified in regulations.

(12) Regulations under paragraph (11)(d) may not specify domestic
properties (within the meaning of paragraph (a) of the definition of
“household waste” in Article 2(2)).

20C Separate collection of industrial or commercial waste

(1) 20This Article applies in relation to arrangements for industrial or
commercial waste to be collected from premises by a person who, in
collecting the waste—

(a) is acting in the course of a business (whether or not for profit),
or

(b) 25is exercising a public function (including a function under
Article 20(1)(b) or (2)).

(2) So far as they relate to waste which is similar in nature and composition
to household waste (“relevant waste”) the arrangements must meet the
conditions in paragraphs (3) to (7) (subject to any provision in
30regulations under Article 20D).

(3) The first condition is that recyclable relevant waste must be collected
separately from other relevant waste.

(4) The second condition is that recyclable relevant waste must be collected
for recycling or composting.

(5) 35The third condition is that recyclable relevant waste in each recyclable
waste stream must be collected separately, except so far as provided by
paragraph (6).

(6) Recyclable relevant waste in two or more recyclable waste streams may
be collected together where—

(a) 40it is not technically or economically practicable to collect
recyclable relevant waste in those recyclable waste streams
separately, or

(b) collecting recyclable relevant waste in those recyclable waste
streams separately has no significant environmental benefit
45(having regard to the overall environmental impact of collecting
it separately and of collecting it together).

(7) But recyclable relevant waste within paragraph (10)(a) to (d) may not
be collected together with recyclable relevant waste within paragraph
(10)(e).

(8) The person who presents relevant waste from the premises for
5collection under the arrangements must present it separated in
accordance with the arrangements.

(9) Relevant waste is “recyclable relevant waste” if—

(a) it is within any of the recyclable waste streams, and

(b) it is of a description specified in regulations.

(10) 10For the purposes of this Article the “recyclable waste streams” are—

(a) glass;

(b) metal;

(c) plastic;

(d) paper and card;

(e) 15food waste.

20D Articles 20A to 20C: powers to exempt and extend

(1) Regulations may provide—

(a) for exemptions from the condition in Article 20A(5), 20B(5) or
20C(5);

(b) 20for exemptions from the application of Article 20B or 20C;

(c) for exemptions from the application of Article 20B or 20C in
relation to household waste or relevant waste in recyclable
waste streams specified in the regulations.

(2) The Department may exercise the power in paragraph (1)(a) in relation
25to two or more recyclable waste streams only if satisfied that doing so
will not significantly reduce the potential for recyclable household
waste or recyclable relevant waste in those waste streams to be recycled
or composted.

(3) Regulations may amend Articles 20A to 20C so as to—

(a) 30add further recyclable waste streams, and

(b) make provision about the extent to which recyclable household
waste or recyclable relevant waste in any of those waste streams
may or may not be collected together with recyclable household
waste or recyclable relevant waste in another recyclable waste
35stream.

(4) The Department may exercise the power in paragraph (3)(a) in relation
to a waste stream only if satisfied that—

(a) there is waste in that waste stream which is suitable for
recycling or composting, and recycling or composting it will
40have an environmental benefit,

(b) all district councils can make arrangements for collecting waste
in that waste stream which comply with the conditions in
Article 20A, 20B or 20C (as appropriate), taking account of any
amendments to be made under paragraph (3)(b), and

(c) 45there is a market for it after its collection.

(5) Before making regulations under this Article the Department must
consult district councils and anyone else the Department considers
appropriate.

20E Articles 20A to 20C: duties of waste collectors

(1) 5Paragraph (2) applies where—

(a) a person collects or proposes to collect waste under
arrangements to which Article 20A, 20B or 20C applies, and

(b) the arrangements include arrangements to collect recyclable
household waste or recyclable relevant waste in two or more
10recyclable waste streams together in reliance on Article 20A(6), 20B(6) or 20C(6).

(2) The person must—

(a) prepare a written assessment of why the person considers that
the Article relied on applies; and

(b) if required by the Department in writing to provide a copy of
15the assessment to the Department, comply with that
requirement.

20F Articles 20 to 20E: guidance

(1) The Department may issue guidance about the duties imposed by
Articles 20 to 20E.

(2) 20The guidance may in particular deal with—

(a) the circumstances in which it may not be technically or
environmentally practicable to collect recyclable household
waste or recyclable relevant waste in recyclable waste streams
separately, or in which separate collection may not have
25significant environmental benefit;

(b) the kinds of waste which are relevant waste for the purposes of
Article 20C; and

(c) assessments under Article 20E.

(3) The guidance may make different provision in relation to Articles 20A,
3020B and 20C.

(4) Before issuing guidance under this Article the Department must
consult district councils and anyone else the Department considers
appropriate.

(5) A district council, and any party to arrangements to which Article 20B
35or 20C applies, must have regard to the guidance.

20G Articles 20B and 20C: compliance notices

(1) This Article applies where the Department considers that a person
other than a district council—

(a) is a party to arrangements for the collection of household waste
40which fail to comply with Article 20B,

(b) is a party to arrangements for the collection of relevant waste
which fail to comply with Article 20C, or

(c) is failing to comply with Article 20B(8) or 20C(8).

(2) It may give that person a notice (a “compliance notice”) requiring them
to take specified steps within a specified period to secure that the
failure does not continue or recur.

(3) A compliance notice must—

(a) 5specify the failures to comply with Article 20B or 20C;

(b) specify the steps which must be taken for the purpose of
preventing the failure continuing or recurring;

(c) specify the period within which those steps must be taken;

(d) give information as to the rights of appeal (including the period
10within which an appeal must be brought).

(4) A person who fails to comply with a compliance notice commits an
offence.

(5) A person who commits an offence under paragraph (4) is liable—

(a) on summary conviction, to a fine not exceeding the statutory
15maximum, or

(b) on conviction on indictment, to a fine.

20H Articles 20B and 20C: appeals against compliance notices

(1) A person who is given a compliance notice may appeal to the Planning
Appeals Commission against—

(a) 20the notice, or

(b) any requirement in the notice.

(2) The notice or requirement has effect pending the determination of the
appeal, unless the Planning Appeals Commission decides otherwise.

(3) The Planning Appeals Commission may—

(a) 25quash the notice or requirement;

(b) confirm the notice or requirement;

(c) vary the notice or requirement;

(d) take any steps the Department could take in relation to the
failure giving rise to the notice or requirement;

(e) 30remit any matter relating to the notice or requirement to the
Department.

(4) Regulations may make provision in relation to appeals under this
Article.

(5) Regulations made under paragraph (4) may, in particular, make
35provision as to—

(a) the grounds of an appeal;

(b) the period within which and the manner in which appeals are
to be brought;

(c) the payment of a fee;

(d) 40notice to be given to the Department, by the Planning Appeals
Commission, of receipt of an appeal or withdrawal of that
appeal.

(6) Part 1 of Schedule 2 shall have effect with respect to appeals under
paragraph (1).”

(3) 45In Article 21 (receptacles for household waste)—

(a) in paragraph (2), for the words from “separate receptacles” to the end
substitute “a district council may require separate receptacles or
compartments of receptacles to be used for the purposes of complying
with its duties under Article 20A or 20B.”;

(b) 5after paragraph (9) insert—

“(9A) A district council must arrange for there to be provided to the
occupier of every domestic property in its area a receptacle
which enables the separate collection of food waste from the
property.”;

(c) 10in paragraph (10), before the definition of “receptacle” insert—

• “““domestic property” means a building or self-contained
  part of a building which is used wholly for the purposes
  of living accommodation;”.

(4) In Article 5(2E)(b) (separate collection and transportation of waste), for “Article
1520A(3)” substitute “Article 21(9A)”.

(5) In Article 82 (regulations etc)—

(a) in paragraph (1), after “(1A)” insert “or (1B)”;

(b) after paragraph (1A) insert—

“(1B) No regulations may be made under Article 20D unless a draft of
20the regulations has been laid before, and approved by a
resolution of, the Assembly.”

(6) In Schedule 2 (appeals to the Planning Appeals Commission), in each of the
heading to Part 1 and paragraph 1(1), after “17,” insert “20H,”.

54 Electronic waste tracking: Great Britain

(1) 25The Environmental Protection Act 1990 is amended in accordance with
subsections (2) and (3).

(2) After section 34C insert—

““Electronic waste tracking

34CA Electronic waste tracking

(1) 30The relevant national authority may by regulations make provision for
the purpose of tracking relevant waste, including provision about the
establishment of an electronic system (“the system”) for that purpose.

(2) The regulations may impose requirements on relevant waste
controllers, or a waste regulation authority, to take specified steps to
35secure the entry into the system of specified information about, or
which is relevant to the tracking or regulation of, specified relevant
waste.

(3) The information which may be specified includes information about—

(a) the processing, movement or transfer to another person of
40relevant waste or waste processing products;

(b) persons to whom relevant waste or waste processing products
have been transferred;

(c) the carrying out of any activity by relevant waste controllers in
relation to, or in connection with, relevant waste or waste
processing products;

(d) relevant waste controllers.

(4) 5The regulations may impose requirements on relevant waste
controllers to take specified steps to enable physical identification of
specified relevant waste or waste processing products.

(5) The regulations may allow relevant waste controllers, or a waste
regulation authority, to make arrangements for other persons to
10discharge their obligations under the regulations, and may impose
requirements on such persons in connection with such arrangements.

(6) The regulations must provide for an exemption for digitally excluded
persons from any requirement that would involve the use of electronic
communications or the keeping of electronic records, but may impose
15alternative requirements on those persons that do not involve either.

(7) The regulations may designate a person to establish, operate or
maintain the system and may confer functions on such a person.

(8) The regulations may make provision about how information held on
the system is to be used including provision—

(a) 20about who may access the information;

(b) permitting, or requiring, the disclosure, publication or transfer
to another electronic system of such information;

(c) imposing requirements on persons who obtain such
information not to further disclose it.

(9) 25The regulations may impose fees or charges, payable to a person designated by,
or in accordance with, the regulations, on persons subject to any requirement
imposed by the regulations.

(10) The amount of such fees or charges may reflect the costs of establishing,
operating or maintaining the system and any other costs incurred in
30connection with the tracking of relevant waste by a person designated to
establish, operate or maintain the system.

(11) The relevant national authority may provide grants or loans to a person
designated to establish, operate or maintain the system.

(12) In this section—

• 35“digitally excluded person” means a person—

  (a)

  who is a practising member of a religious society or
  order whose beliefs are incompatible with using
  electronic communications or keeping electronic
  records, or

  (b)

  40for whom it is not reasonably practicable to use
  electronic communications or to keep electronic records
  for any reason (including age, disability or location);

• “extractive waste—

  (a)

  in relation to regulations made in relation to England or
  45Wales, has the meaning it has in this Part (as it extends
  to England and Wales);

  Environment BillPage 46

  (b)

  in relation to regulations made in relation to Scotland,
  has the meaning it has in the Management of Extractive
  Waste (Scotland) Regulations 2010 (S.S.I 2010/60);

• “relevant national authority” means—

  (a)

  5in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

  (c)

  in relation to Scotland, the Scottish Ministers;

• “relevant waste” means controlled waste or extractive waste;

• “relevant waste controller” means any person who—

  (a)

  10is subject to the duty in section 34(1) (duty of care as
  respects controlled waste),

  (b)

  imports, produces, carries, keeps, treats, manages or
  disposes of extractive waste or, as a dealer or broker, has
  control of such waste, or

  (c)

  15exports relevant waste;

• “specified” means specified or described in the regulations;

• “waste processing product” means any product of the processing
  of relevant waste, including material which is not relevant
  waste or which is not derived from relevant waste.

34CB 20Further provision about regulations under section 34CA

(1) Regulations under section 34CA(1) may make provision about the
enforcement of requirements imposed by or under the regulations,
including provision creating criminal offences punishable with a fine in
respect of failures to comply with the regulations.

(2) 25Provision about enforcement in regulations made by the Secretary of
State or the Welsh Ministers may also include provision—

(a) about the imposition of financial penalties by an enforcement
authority;

(b) for the amount of financial penalties to be determined by an
30enforcement authority in accordance with the regulations;

(c) for such a determination to be made by reference to factors
specified or described in the regulations which may include, for
example, the turnover of a business or the costs of complying
with the requirement being enforced (and the regulations may
35provide that the amount of a financial penalty may exceed the
amount of those costs);

(d) about appeals against the imposition of a financial penalty.

(3) The regulations may make different provision for different purposes.

(4) The regulations may make consequential, supplementary, incidental,
40transitional, transitory or saving provision, including provision
amending, repealing or revoking primary legislation.

(5) In this section—

• “enforcement authority” means the Environment Agency, the
  Natural Resources Body for Wales or a waste collection
  45authority for an area in England or Wales;

• “primary legislation” means—

  (a)

  in relation to regulations made by the Secretary of State,
  an Act of Parliament or retained direct EU legislation;

  Environment BillPage 47

  (b)

  in relation to regulations made by the Welsh Ministers,
  an Act of Parliament, an Act or Measure of the National
  Assembly for Wales or retained direct EU legislation;

  (c)

  in relation to regulations made by the Scottish Ministers,
  5an Act of Parliament, an Act of the Scottish Parliament
  or retained direct EU legislation.”

(3) In section 161 (regulations, order and directions)—

(a) after subsection (2ZA) insert—

“(2ZAA) Subsection (2) does not apply to a statutory instrument
10containing regulations under section 34CA if the regulations—

(a) are the first set of regulations to be made by the
Secretary of State under that section,

(b) provide for conduct to be a criminal offence which is not
a criminal offence under existing regulations made by
15the Secretary of State under that section,

(c) increase the maximum penalty for a criminal offence
under existing regulations made by the Secretary of
State under that section,

(d) provide for conduct to be subject to a financial penalty
20which is not subject to a financial penalty under existing
regulations made by the Secretary of State under that
section,

(e) amend or repeal a provision contained in an Act of
Parliament, or

(f) 25amend or revoke a provision contained in retained
direct principal EU legislation.”;

(b) in subsection (2ZC), before “(2ZB)” insert “(2ZAA) or”;

(c) after subsection (2A) insert—

“(2AZA) A statutory instrument containing regulations made by the
30Welsh Ministers under section 34CA may not be made unless a
draft of the instrument has been laid before, and approved by a
resolution of, the National Assembly for Wales if the
regulations—

(a) are the first set of regulations to be made by the Welsh
35Ministers under that section,

(b) provide for conduct to be a criminal offence which is not
a criminal offence under existing regulations made by
the Welsh Ministers under that section,

(c) increase the maximum penalty for a criminal offence
40under existing regulations made by the Welsh Ministers
under that section,

(d) provide for conduct to be subject to a financial penalty
which is not subject to a financial penalty under existing
regulations made by the Welsh Ministers under that
45section,

(e) amend or repeal a provision contained in an Act of
Parliament or in an Act or Measure of the National
Assembly for Wales, or

(f) amend or revoke a provision contained in retained
50direct principal EU legislation.”;

(d) before subsection (2B) insert—

“(2AC) Regulations made by the Scottish Ministers under section 34CA
are subject to the affirmative procedure (see section 29 of the
Interpretation and Legislative Reform (Scotland) Act 2010 (asp
510)) if the regulations—

(a) are the first set of regulations to be made by the Scottish
Ministers under that section,

(b) provide for conduct to be a criminal offence which is not
a criminal offence under existing regulations made by
10the Scottish Ministers under that section,

(c) increase the maximum penalty for a criminal offence
under existing regulations made by the Scottish
Ministers under that section,

(d) provide for conduct to be subject to a financial penalty
15which is not subject to a financial penalty under existing
regulations made by the Scottish Ministers under that
section,

(e) amend or repeal a provision contained in an Act of
Parliament or in an Act of the Scottish Parliament, or

(f) 20amend or revoke a provision contained in retained
direct principal EU legislation.

(2AD) Otherwise regulations made by the Scottish Ministers under
that section are subject to the negative procedure (see section 28
of the Interpretation and Legislative Reform (Scotland) Act 2010
25(asp 10)).”

(4) In section 41(1) of the Environment Act 1995 (powers to make charging schemes) after
paragraph (d) insert—

“(da) as a means of recovering costs incurred by it in performing functions
conferred by regulations made under section 34CA of the
30Environmental Protection Act 1990 (electronic waste tracking) the
Agency, the Natural Resources Body for Wales or SEPA may require
the payment to it of such charges as may from time to time be
prescribed;”.

55 Electronic waste tracking: Northern Ireland

(1) 35The Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/
2778 (N.I. 19)) is amended as follows.

(2) After Article 5F insert—

““Electronic waste tracking

5G Electronic waste tracking

(1) 40The Department may by regulations make provision for the purpose of
tracking relevant waste, including provision about the establishment of
an electronic system (“the system”) for that purpose.

(2) The regulations may impose requirements on relevant waste
controllers, or the Department, to take specified steps to secure the
45entry into the system of specified information about, or which is
relevant to the tracking or regulation of, specified relevant waste.

(3) The information which may be specified includes information about—

(a) the processing, movement or transfer to another person of
relevant waste or waste processing products;

(b) persons to whom relevant waste or waste processing products
5have been transferred;

(c) the carrying out of any activity by relevant waste controllers in
relation to, or in connection with, relevant waste or waste
processing products;

(d) relevant waste controllers.

(4) 10The regulations may impose requirements on relevant waste
controllers to take specified steps to enable physical identification of
specified relevant waste or waste processing products.

(5) The regulations may allow relevant waste controllers, or the
Department, to make arrangements for other persons to discharge their
15obligations under the regulations, and may impose requirements on
such persons in connection with such arrangements.

(6) The regulations must provide for an exemption for digitally excluded
persons from any requirement that would involve the use of electronic
communications or the keeping of electronic records, but may impose
20alternative requirements on those persons that do not involve either.

(7) The regulations may designate a person to establish, operate or
maintain the system and may confer functions on such a person.

(8) The regulations may make provision about how information held on
the system is to be used including provision—

(a) 25about who may access the information;

(b) permitting, or requiring, the disclosure, publication or transfer
to another electronic system of such information;

(c) imposing requirements on persons who obtain such
information not to further disclose it.

(9) 30The regulations may impose fees or charges, payable to a person
designated by, or in accordance with, the regulations, on persons
subject to any requirement imposed by the regulations.

(10) The amount of such fees or charges may reflect the costs of establishing,
operating or maintaining the system and any other costs incurred in
35connection with the tracking of relevant waste by a person designated
to establish, operate or maintain the system.

(11) The Department may provide grants or loans to a person designated to
establish, operate or maintain the system.

(12) In this Article—

• 40“digitally excluded person” means a person—

  (a)

  who is a practising member of a religious society or
  order whose beliefs are incompatible with using
  electronic communications or keeping electronic
  records, or

  (b)

  45for whom it is not reasonably practicable to use
  electronic communications or to keep electronic records
  for any reason (including age, disability or location);

Environment BillPage 50

• “extractive waste” has the meaning it has in the Planning
  (Management of Waste from Extractive Industries) Regulations
  (Northern Ireland) 2015 (S.R. 2015 No. 85);

• “relevant waste” means controlled waste or extractive waste;

• 5“relevant waste controller” means any person who—

  (a)

  is subject to the duty in Article 5(1) (duty of care as
  respects controlled waste),

  (b)

  imports, produces, carries, keeps, treats, manages or
  disposes of extractive waste or, as a dealer or broker, has
  10control of such waste, or

  (c)

  exports relevant waste;

• “specified” means specified or described in the regulations;

• “waste processing product” means any product of the processing
  of relevant waste, including material which is not relevant
  15waste or which is not derived from relevant waste.

5H Further provision about regulations under Article 5G

(1) Regulations under Article 5G may make provision about the
enforcement of requirements imposed by or under the regulations
including provision creating criminal offences punishable with a fine in
20respect of failures to comply with the regulations.

(2) The regulations may also include provision—

(a) about the imposition of financial penalties by the Department;

(b) for the amount of financial penalties to be determined by the
Department in accordance with the regulations;

(c) 25for such a determination to be made by reference to factors
specified or described in the regulations which may include, for
example, the turnover of a business or the costs of complying
with the requirement being enforced (and the regulations may
provide that the amount of a financial penalty may exceed the
30amount of those costs);

(d) about appeals against the imposition of a financial penalty.

(3) The regulations may make consequential, supplementary, incidental,
transitional, transitory or saving provision, including provision
amending, repealing or revoking any statutory provision.”

(3) 35In Article 82 (regulations etc) after paragraph (1B) (as inserted by section 53)
insert—

“(1C) Paragraph (1) does not apply to regulations made by the Department
under Article 5G that—

(a) are the first set of regulations made under that Article,

(b) 40provide for conduct to be a criminal offence which is not a
criminal offence under existing regulations under that Article,

(c) increase the maximum penalty for a criminal offence under
existing regulations under that Article,

(d) provide for conduct to be subject to a financial penalty which is
45not subject to a financial penalty under existing regulations
under that Article,

(e) amend or repeal a provision contained in Northern Ireland
legislation or an Act of Parliament, or

(f) amend or revoke a provision contained in retained direct
principal EU legislation.

(1D) Regulations to which paragraph (1) does not apply by virtue of
paragraph (1C) may not be made unless a draft of the regulations has
5been laid before and approved by a resolution of the Assembly.”

56 Hazardous waste: England and Wales

(1) Before section 62A of the Environmental Protection Act 1990 insert—

“62ZA Special provision with respect to hazardous waste in England and
Wales

(1) 10The relevant national authority may, by regulations, make provision
about, or connected with, the regulation of hazardous waste in England
and Wales.

(2) Provision that may be made in regulations under this section includes
provision—

(a) 15prohibiting or restricting any activity in relation to hazardous
waste;

(b) for the giving of directions by waste regulation authorities with
respect to matters connected with any activity in relation to
hazardous waste;

(c) 20imposing requirements about how hazardous waste may be
kept (including requirements about the quantities of hazardous
waste which may be kept at any place);

(d) about hazardous waste that originated outside England or
Wales;

(e) 25about the registration of hazardous waste controllers or places
where activities in relation to hazardous waste are carried out;

(f) for the keeping of records by hazardous waste controllers;

(g) for the inspection of those records by waste regulation
authorities or specified persons;

(h) 30for the provision by hazardous waste controllers of copies of, or
information derived from, those records to waste regulation
authorities or specified persons;

(i) for hazardous waste controllers to inform waste regulation
authorities, or specified persons, when carrying out activities in
35relation to hazardous waste;

(j) about the circumstances in which waste which is not hazardous
waste, but which shares characteristics with hazardous waste, is
to be treated as hazardous waste for the purposes of the
regulations;

(k) 40providing that a contravention of the regulations shall be an
offence, but regulations may not provide for an offence to be
punishable—

(i) on summary conviction, by imprisonment, or

(ii) on conviction on indictment, by a term of imprisonment
45exceeding two years;

(l) for the imposition of civil sanctions in respect of contraventions
of the regulations.

(3) For the purposes of this section “civil sanction” means a sanction of a
kind for which provision may be made under Part 3 of the Regulatory
Enforcement and Sanctions Act 2008 (fixed monetary penalties,
discretionary requirements, stop notices and enforcement
5undertakings).

(4) The regulations may provide for the imposition of sanctions of that
kind whether or not—

(a) the person imposing them is a regulator, or the conduct in
respect of which the sanction is imposed is a relevant offence,
10for the purposes of Part 3 of that Act, or

(b) the relevant national authority may make provision for the
imposition of sanctions under that Part.

(5) The regulations may also include provision—

(a) for the supervision by waste regulation authorities—

(i) 15of activities in relation to hazardous waste, or

(ii) of hazardous waste controllers;

(b) about the keeping of records (which may include registers of
hazardous waste controllers and places where hazardous waste
may be kept or processed) by waste regulation authorities;

(c) 20as to the recovery of expenses or other charges for the treatment,
keeping or disposal or the re-delivery of hazardous waste in
pursuance of the regulations;

(d) as to appeals to the relevant national authority from decisions
of waste regulation authorities under the regulations.

(6) 25This section is subject to section 114 of the Environment Act 1995
(delegation or reference of appeals etc).

(7) Regulations under this section may confer functions (including
functions involving the exercise of a discretion) on the relevant national
authority or a waste regulation authority.

(8) 30The regulations may—

(a) make different provision for different purposes;

(b) make incidental, supplementary, consequential, transitional,
transitory or saving provision.

(9) For the purposes of this section “mixing” in relation to hazardous waste
35means—

(a) diluting it (with any substance);

(b) mixing it with other hazardous waste of a different type, or that
has different characteristics;

(c) mixing it with any other substance or material (whether waste
40or not).

(10) In this section—

• “activity”, in relation to hazardous waste, includes—

  (a)

  keeping, collecting, receiving, importing, exporting,
  transporting or producing hazardous waste;

  (b)

  45sorting, treating, recovering, mixing or otherwise
  processing hazardous waste;

  (c)

  disposing of hazardous waste in any manner (including
  providing hazardous waste to another person for the

  Environment BillPage 53

  purposes of that person carrying out an activity in
  relation to it);

  (d)

  examining, testing or classifying hazardous waste
  (including doing any of those things to waste in
  connection with establishing whether it is hazardous);

  (e)

  5acting as a broker of, or dealer in, hazardous waste;

  (f)

  directing or supervising another person in relation to an
  activity in relation to hazardous waste;

• “hazardous waste controller” means a person who carries out any
  activity in relation to hazardous waste;

• 10“relevant national authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

• “specified” means specified in the regulations.”

(2) In section 75 of the Environmental Protection Act 1990 (meaning of “waste”
15etc), for subsection (8A) substitute—

“(8A) “Hazardous waste” means—

(a) any waste identified as hazardous waste in the waste list;

(b) any waste listed in regulations made under section 62A(2);

(c) in the application of this Part to England, any other waste that
20is 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);

(d) 25in the application of this Part to Wales, 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.
302005/1806).

(8B) In subsection (8A) “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
35establishing a list of hazardous waste pursuant to Article 1(4) of
Council Directive 91/689/EEC on hazardous waste (2000/532/EC), as
that list has effect in England and Wales.”

(3) In section 161 of the Environmental Protection Act 1990 (regulations etc)—

(a) after subsection (2ZE) (as inserted by section 52) insert—

“(2ZF) 40Subsection (2) does not apply to a statutory instrument
containing regulations under section 62ZA (regulation of
hazardous waste in England and Wales) if the regulations—

(a) provide for conduct to be a criminal offence which is not
a criminal offence under existing regulations made by
45the Secretary of State under that section,

(b) increase the maximum penalty for a criminal offence
under existing regulations made by the Secretary of
State under that section, or

(c) provide for conduct to be subject to a civil sanction
(within the meaning given by section 62ZA(3)) which is
not subject to a civil sanction under existing regulations
made by the Secretary of State under that section.

(2ZG) 5A statutory instrument to which subsection (2) does not apply
by virtue of subsection (2ZF) may not be made unless a draft of
the instrument has been laid before, and approved by a
resolution of, each House of Parliament.”;

(b) before subsection (2AB) insert—

“(2AAB) 10A statutory instrument containing regulations made by the
Welsh Ministers under section 62ZA may not be made unless a
draft of the instrument has been laid before, and approved by a
resolution of, the National Assembly for Wales if the
regulations—

(a) 15provide for conduct to be a criminal offence which is not
a criminal offence under existing regulations made by
the Welsh Ministers under that section,

(b) increase the maximum penalty for a criminal offence
under existing regulations made by the Welsh Ministers
20under that section, or

(c) provide for conduct to be subject to a civil sanction
(within the meaning given by section 62ZA(3)) which is
not subject to a civil sanction under existing regulations
made by the Welsh Ministers under that section.”

(4) 25In section 41(1) of the Environment Act 1995 (power to make charging schemes),
before paragraph (d) insert—

“(cc) as a means of recovering costs incurred by it in performing functions
conferred by regulations made under section 62ZA of the
Environmental Protection Act 1990 (special provision with respect to
30hazardous waste), the Agency or the Natural Resources Body for
Wales may require the payment to it of such charges as may from time
to time be prescribed;”.

(5) In section 114 of the Environment Act 1995 (delegation or reference of appeals
etc), in subsection (2)(a)(iii) before “, 78L” insert “62ZA(5)(d),”.

57 35Hazardous waste: Northern Ireland

(1) The Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/
2778 (N.I. 19)) is amended as follows.

(2) In Article 30 (special provision with respect to hazardous waste)—

(a) in paragraph (2), after sub-paragraph (g) insert—

“(h) 40for the imposition of civil sanctions.”;

(b) after that paragraph insert—

“(2A) For the purposes of this Article “civil sanction” means a
sanction of a kind for which provision may be made under Part
3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed
45monetary penalties, discretionary requirements, stop notices
and enforcement undertakings).

(2B) The regulations may include provision for the imposition of
sanctions of that kind whether or not the person imposing them
is a regulator, or the conduct in respect of which the sanction is
imposed is a relevant offence, for the purposes of Part 3 of that
5Act.”;

(c) after paragraph (3) insert—

“(3A) The regulations may make consequential, supplementary,
incidental, transitional, transitory or saving provision.”

(3) In Article 82 (regulations etc) after paragraph (1D) (as inserted by section 55)
10insert—

“(1E) Paragraph (1) does not apply to regulations made by the Department
under Article 30 that provide for conduct to be subject to a civil sanction
(within the meaning given by Article 30(2A)) which is not subject to a
civil sanction under existing regulations under that Article.

(1F) 15Regulations to which paragraph (1) does not apply by virtue of
paragraph (1E) may not be made unless a draft of the regulations has
been laid before and approved by a resolution of the Assembly.”

58 Transfrontier shipments of waste

(1) Section 141 of the Environmental Protection Act 1990 (power to prohibit or
20restrict the importation or exportation of waste) is amended in accordance with
subsections (2) to (7).

(2) In the heading—

(a) for “prohibit or restrict” substitute “regulate”;

(b) after “waste” insert “or the transit of waste for export”.

(3) 25For subsection (1) substitute—

“(1) The Secretary of State may, by regulations, make provision about, or
connected with, the regulation of the importation or exportation of
waste or the transit of waste for export.

(1A) Provision that may be made in regulations under this section includes
30provision prohibiting or restricting—

(a) the importation of waste;

(b) the landing and unloading of waste in the United Kingdom;

(c) the exportation of waste;

(d) the loading of waste for exportation;

(e) 35the transit of waste for export.

(1B) The provision that may be made by virtue of subsection (1A) includes
provision which relates to—

(a) the intended final destination of waste, or

(b) the countries or territories it is intended to pass through before
40reaching that destination.”

(4) For subsection (3) substitute—

“(3) Regulations under this section may confer functions (including
functions involving the exercise of a discretion) on the Secretary of State
or a waste regulation authority.”

(5) In subsection (5)—

(a) omit paragraph (a);

(b) after that paragraph insert—

“(aa) provide for the Secretary of State to issue general
5directions as to the exercise by waste regulation
authorities of their functions in connection with the
regulation of the importation or exportation of waste or
the transit of waste for export;”;

(c) after paragraph (b) insert—

“(ba) 10provide for the charging by waste regulation authorities of fees
or charges payable by persons involved in the importation or
exportation of waste or the transit of waste for export;

(bb) provide that such fees or charges may be used by waste
regulation authorities to meet costs incurred in exercising
15their functions in connection with the regulation of those
activities;”;

(d) in paragraph (d)—

(i) after “corresponding” insert “, with or without modifications,”;

(ii) for “section 69(3) above” substitute “section 108(4) of the
20Environment Act 1995 (powers of entry and seizure) on persons
authorised in accordance with the regulations by the Secretary
of State or a waste regulation authority;”;

(e) in paragraph (e), after “made by” insert “waste regulation”;

(f) after paragraph (f) insert—

“(fa) 25make provision authorising the disclosure of
information by Officers of Revenue and Customs to
waste regulation authorities;

(fb) confer, on persons designated as general customs
officials under section 3(1) of the Borders, Citizenship
30and Immigration Act 2009, functions relating to the
seizure and detention of waste that has arrived at, or
entered into, the United Kingdom or is to leave the
United Kingdom;”;

(g) after paragraph (g) insert—