2 Landfill (England and Wales) (Amendment)
Regulations 2004: failing properly to implement a provision of
the relevant Council Decision
Landfill (England and Wales) (Amendment) Regulations
2004 (S.I. 2004/1375)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they fail
to implement properly a provision of the relevant Council Decision.
2.2 These Regulations amend the regulatory regime
governing landfills in England and Wales for the purpose of implementing
Council Decision 2003/33/EC, which supplements the requirements
of Directive 1999/31/EC on the landfill of waste. Paragraph 1.1.4
(c) of the Annex to the Decision permits testing of waste to be
dispensed with where "testing is impractical or where appropriate
testing procedures and acceptance criteria are unavailable. This
must be justified and documented, including the reasons why the
waste is deemed acceptable at this landfill class".
2.3 In a memorandum, printed in Appendix 2, the Department
for Environment, Food and Rural Affairs accepts that paragraph
5(4)(c) of Schedule 1 to the Landfill (England and Wales) Regulations
2002, as substituted by regulation 6 of these Regulations, fails
adequately to implement this part of the Decision. Paragraph 5(4)(c)
permits testing to be dispensed with if "waste is of a type
where testing is impractical or appropriate testing procedures
and acceptance criteria are not available; or the waste
is of a type which is acceptable at the landfill class in question".
The Department accepts that the italicised "or" should
read "and", and it undertakes to amend the provision
before it comes into force on 16 July 2005.
2.4 The Committee accordingly reports paragraph
5(4)(c) of Schedule 1 to the Landfill (England and Wales) Regulations
2002, as substituted by regulation 6 of these Regulations, for
failing to implement properly the relevant provision of the Council
Decision.
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