- appropriate authority
means— (a) in relation to England, the Secretary of State;
- appropriate body
means— (a) in relation to England, the Environment Agency;
- authorised officer
has the meaning given in section 9(1B) of the Control of Pollution (Amendment) Act 1989;
- broker
means an undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;
- caravan
has the meaning given by section 75(5)(b) of the Environmental Protection Act 1990;
- collection
has the same meaning as in Article 3(10) of the Waste Framework Directive;
- collection or transport
includes an operation where waste is transported following transfer between different carriers.
- compliance notice
has the meaning given in regulation 38(1);
- construction
includes improvement, repair and alteration);
- consultation bodies
means— (a) in relation to a waste prevention programme or national waste management plan relating to England— (i) Natural England, and (ii) the Historic Buildings and Monuments Commission for England (English Heritage);
- controlled waste
has the meaning given in section 75(4) of the Environmental Protection Act 1990;
- dealer
means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;
- discontinuance order
means an order under—
- disposal
means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I of the Waste Directive sets out a non-exhaustive list of disposal operations);
- domestic property
has the meaning given by section 75(5)(a) of the Environmental Protection Act 1990.
- electronic signature
means data in electronic form which are attached to or logically associated with thewritten information and which serve as a method of authentication).
- England
includes the sea adjacent to England out as far as the seaward boundary of the territorial sea;
- environment-related offence
means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;
- environmental permit
has the meaning given in regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;
- harm
means— (a) harm to the health of human beings or other living organisms;
- hazardous waste
has the meaning given in Article 3(2) of the Waste Framework Directive.”
- holder
means the producer of the waste or the person who is in possession of it;
- Industrial Emissions Directive
means Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention control), read in accordance with regulation 3A;
- infrastructure consent
means the consent required by section 19 of the 2024 Act;
- landfill
has the meaning given in Article 2(g) of the Landfill Directive, but does not include any operation excluded from the scope of that Directive by Article 3(2) or (3);
- Landfill Directive
means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, read in accordance with regulation 3B;
- list of waste
means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England or in Wales (as the case may be).”
- local authority
means— (a) in England outside Greater London— (i) a district council, (ii) a county council, or (iii) the Council of the Isles of Scilly;
- local planning authority
has the same meaning as in 1990 Act;
- management
means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker;
- marine exemption order
means an order under— (a) section 7 of the Food and Environment Protection Act 1985 (exemptions from licensing);
- marine licence
means— (a) a licence under Part 2 of the Food and Environment Protection Act 1985;
- mineral planning authority
has the same meaning as in section 1 of the 1990 Act;
- 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 regulation 3C;
- mining waste facility
means a “waste facility” as defined in Article 3(15) of the Mining Waste Directive, but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).
- national waste management plan
means a waste management plan prepared by an appropriate authority;
- offshore licensing functions
means—
- partner
includes a person purporting to act as a partner.
- planning authority
means—
- planning functions
means any of the following functions, other than a function which must be discharged by statutory instrument—
- planning permission
has the meaning given in section 336 of the 1990 Act.
- producer
means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of the waste;
- public consultees
means the persons to whose attention proposals for a programme or plan are brought by the appropriate authority pursuant to paragraph 14(1)(b).
- radioactive substances exemption
means an exemption under Part 6 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016 from the requirement for an environmental permit under regulation 12 of those regulations in respect of a radioactive substances activity;
- recovery
means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy (Annex II of the Waste Directive sets out a non-exhaustive list of recovery operations);
- regulation authority
has the meaning given in section 9(1) of that Act, as read with section 9(1A) and (1AA).
- relevant offence
means an offence under—
- relevant office
means an office of the appropriate body as may be specified by the authorised officer of a regulation authority or constable at the time the requirement is made;
- restoration notice
has the meaning given in regulation 40(1);
- specified marine operation
means an operation mentioned in— (a) section 5 or 6 of the Food and Environment Protection Act 1985 (deposits in the sea or incineration);
- specified person
means— (a) a charity or voluntary organisation;
- specified waste
means— (a) NORM waste (as that term is defined in Part 6 of Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2016;
- stop notice
has the meaning given in regulation 39(1).
- the 1989 Act
means the Control of Pollution (Amendment) Act 1989;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 2004 Act
means the Planning and Compulsory Purchase Act 2004;
- the 2008 Act
means the Planning Act 2008;
- the 2024 Act
means the Infrastructure (Wales) Act 2024;
- the Hazardous Waste List
means the list of wastes established by Commission Decision 2000/532/EC.”
- the List of Wastes
means the list of wastes established by Commission Decision 2000/532/EC 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, as amended from time to time;
- the planning Acts
means—
- the relevant time
means immediately before the coming into force of these Regulations;
- the Waste Directive
means Directive 2008/98/EC of the European Parliament and of the Council on waste;
- the Waste Framework Directive
means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended byDirective (EU) 2018/851and as read in accordance with regulation 3D;
- the WFD Regulations
means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.
- transitionally exempt broker
means a broker who— (a) at the relevant time was not required to be registered as a broker of controlled waste for the purposes of— (i) regulation 20(1) of the Waste Management Licensing Regulations 1994, and (ii) paragraph 12(2) of Schedule 4 to those Regulations, or (b) had they been a broker of controlled waste at the relevant time, would not have been required to be registered for those purposes.
- transitionally exempt carrier
means a carrier who— (a) at the relevant time was not required to be registered as a carrier of controlled waste for the purposes of— (i) section 1 of the Control of Pollution (Amendment) Act 1989, and (ii) paragraph 12(1) of Schedule 4 to the Waste Management Licensing Regulations 1994;
- Wales
includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;
- waste
means anything that— i is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and ii is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”
- waste battery
means any battery which is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste.”
- waste collection authority
means an authority which is a waste collection authority for the purposes of Part 2 of the Environmental Protection Act 1990;
- waste management plan
has the meaning given in regulation 7(1);
- waste oil
means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils, and cognate expressions must be construed accordingly.”
- waste prevention measures
means measures taken before a substance, material or product has become waste that reduce— (a) the quantity of waste, including through the re-use of products or the extension of the life span of products;
- waste prevention programme
has the meaning given in regulation 4(1) and (2).
- working day
means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971.