UK Statutory Instrument SI 2005 England and Wales

Hazardous Waste (England and Wales) Regulations 2005

These Regulations set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC). The Regulations extend to England and Wales although the only provisions that apply to Wales are modifications to the Environmental Protection Act …

Enforced by
Environment Agency
Status
In Force
Penalty ceiling
Imprisonment 5 of 38 obligations carry an unlimited fine. 4 carry different penalties and 29 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person14 Manufacturer9 Operator5 Director or Officer1 Contractor1 Trader1

Plus 7 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Manufacturer — also bound by 502 other Acts
Operator — also bound by 746 other Acts
Director or Officer — also bound by 429 other Acts
Contractor — also bound by 173 other Acts
Trader — also bound by 825 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.001 Citation, commencement, extent and territorial application
s.002 The Waste Directive and the meaning of waste
s.003 Annex III to the Waste Directive
s.005 General Interpretation
s.meaning of the “mining waste directive” Meaning of the “Mining Waste Directive”
s.modification of the waste directive Modification of the Waste Directive
Part 2

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.007 Non-hazardous waste
s.010 Provisions common to regulations 8 and 9
Part 3

Application of Parts 4 to 11

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.012 General application of Parts 4 to 11
s.hazardous waste produced at shop premises Hazardous waste produced at shop premises
Part 4

2 of 3 sections shown
s.019 Prohibition on mixing hazardous waste without a permit (opens in a new tab) Regulated
  • Do not mix hazardous waste without a permit or exemptionAny Person
s.020 Duty to separate mixed wastes (opens in a new tab) Regulated
  • Separate mixed hazardous waste where technically feasibleAny Person
1 other section in this Part — procedural and definitional
Part 5

Notification of Premises

0 of 12 sections shown
Part 6

10 of 14 sections shown
s.033 Coding standard (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must maintain a hazardous waste coding standardStatutory regulator
s.034 Consignment codes (opens in a new tab) Prosecution
  • Assign a unique consignment code to hazardous wasteManufacturer

Unlimited fine

s.036 Standard procedure (opens in a new tab) Prosecution
  • Follow standard procedure for moving hazardous wasteManufacturer

Unlimited fine

s.037 Schedule of carriers (opens in a new tab) Regulated
  • Prepare and manage a schedule of carriers for multiple-carrier transportAny Person
s.039 Removal of ships' wastes to reception facilities (opens in a new tab) Regulated
  • Complete consignment notes when removing hazardous waste from shipsOperator
s.040 Removal of ships' wastes other than to reception facilities (opens in a new tab) Regulated
  • Complete consignment notes when removing ship waste in harbor areasOperator
s.041 Removal of wastes by pipeline (opens in a new tab) Regulated
  • Prepare consignment notes for hazardous waste moved by pipelineManufacturer
s.042 Duty of consignee not accepting delivery (opens in a new tab) Regulated
  • Follow rejection procedures if you refuse a hazardous waste deliveryAny Person
s.043 Further consignment note for rejected consignment (opens in a new tab) Regulated
  • Complete new consignment notes for rejected hazardous wasteManufacturer
s.045 Duty to deliver consignment promptly (opens in a new tab) Regulated
  • Deliver hazardous waste consignments promptlyOperator
4 other sections in this Part — procedural and definitional
Part 7

7 of 9 sections shown
s.049 Producers', holders' and consignors' records (opens in a new tab) Imprisonment
  • Maintain a register of hazardous waste production and movementsManufacturer
s.050 Carrier's records (opens in a new tab) Regulated
  • Keep a chronological register of hazardous waste collectionsContractor
s.051 Registers and records: common provisions (opens in a new tab) Regulated
  • Maintain and transfer registers of hazardous waste recordsAny Person
s.052 Previous holder's right to information (opens in a new tab) Prosecution
  • Provide evidence of hazardous waste disposal upon requestAny Person

Unlimited fine

s.053 Consignee and self-disposal quarterly returns (opens in a new tab) Regulated
  • Submit quarterly returns for hazardous waste received or disposed ofManufacturer
s.054 Consignee's return to the producer, holder or consignor (opens in a new tab) Regulated
  • Send quarterly returns to hazardous waste producers or holdersTrader
s.055 Duties to supply information (opens in a new tab) Regulated
  • Supply hazardous waste information to the Environment Agency on requestManufacturer
2 other sections in this Part — procedural and definitional
Part 8

3 of 5 sections shown
s.056 Inspections of hazardous waste producers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must carry out periodic inspections of waste producersStatutory regulator
s.058 Agency to retain registers etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must keep hazardous waste records for three yearsStatutory regulator
s.060 Provision of information to the Secretary of State (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must report hazardous waste site changes to the Secretary of StateStatutory regulator
2 other sections in this Part — procedural and definitional
Part 9

2 of 3 sections shown
s.062 General duties on the holder in the event of an emergency or grave danger (opens in a new tab) Regulated
  • Respond to and notify the Environment Agency of hazardous waste emergenciesAny Person
s.063 General duties of the Agency (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must act to prevent or reduce danger in emergenciesStatutory regulator
1 other section in this Part — procedural and definitional
Part 10

Enforcement

5 of 8 sections shown
s.064 Enforcement (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must enforce hazardous waste regulationsStatutory regulator
s.065 Offences (opens in a new tab) Prosecution
  • Fail to comply with hazardous waste requirementsAny Person

Unlimited fine

s.067 Liability of persons other than the principal offender (opens in a new tab) Imprisonment
  • Cause another person to commit a hazardous waste offenceDirector or Officer
s.068 False and misleading information (opens in a new tab) Imprisonment
  • Provide false or misleading information to HSEAny Person
s.069 Penalties (opens in a new tab) Imprisonment
  • Breach hazardous waste regulations (regulation 65/68)Any Person
3 other sections in this Part — procedural and definitional
s.civil sanctions Civil sanctions
Part 11

0 of 4 sections shown
Part 12

Final Provisions

2 of 5 sections shown
s.075 Savings for certain privileges (opens in a new tab) Regulated
  • You may refuse to provide documents protected by legal privilegeAny Person
s.076 Revocations and savings (opens in a new tab) Regulated
  • Continue sending consignment notes to the Environment Agency for pre-2005 waste consignmentsAny Person
3 other sections in this Part — procedural and definitional
Schedules

Schedules

7 of 67 shown
s.007 UK CROSS BORDER MOVEMENT OF HAZARDOUS WASTE (opens in a new tab) Prosecution
  • Follow specific procedures for rejected cross-border hazardous wasteOperator

Unlimited fine

s.sch007 UK Cross Border Consignments into England Regulated
  • Document and notify rejection of cross-border hazardous waste consignmentsOperator
s.sch007 Where a cross border consignment into England from Scotland or... Regulated
  • Send copy of cross-border consignment note to the relevant authorityAny Person
s.sch007 UK Cross Border Consignments out of England Regulated
  • Notify devolved authority before sending hazardous waste to Scotland, NI or WalesManufacturer
s.sch009 The charge to be paid by a consignee in respect... Regulated
  • Pay the consignee quarterly return charge for hazardous wasteAny Person
s.sch009 The charge to be paid by a producer in respect... Regulated
  • Pay the correct fee when filing a self-disposal returnManufacturer
s.sch011 For regulation 11(3), substitute the following— (3) Subject to paragraphs... Regulated
Other duties (1) — Crown / regulator
  • Environment Agency must keep a register of used PCBsStatutory regulator
60 other schedules
s.sch003 Notes
s.sch003 Where relevant the limit values listed in Annex II and...
s.sch007 Recognition of cross border UK consignment notes
s.sch007 Any requirement in Part 6 to complete a consignment note...
s.sch007 Any requirement to keep a copy of a consignment note...
s.sch007 Multiple Collections in England and Wales
s.sch009 The following paragraphs have effect in relation to the charges...
s.sch009 The charge to be paid on the notification of premises...
s.sch009 The time for payment of the fee required under paragraph...
s.sch009 A consignee may recover from a consignor any fees paid...
s.sch010 Schedule 10 para.wrapper18n2
s.sch010 Schedule 10 para.wrapper19n2
s.sch011 The Waste and Emissions Trading Act 2003 is amended as...
s.sch011 In regulation 1(3), for the definition of “special waste”, substitute...
s.sch011 In regulation 3, at the end add “ (q) the...
s.sch011 In regulation 10(1)(j) for “special waste” substitute “ hazardous waste...
s.sch011 In regulation 10(1)(k) at the end insert “ or regulation...
s.sch011 In regulation 14(1) and 14(2), for “toxic and dangerous” substitute...
s.sch011 In regulation 17(3) and 17(3A) for “special waste” substitute “...
s.sch011 In paragraph 5 of Schedule 1, for subparagraph (d) to...
s.sch011 In paragraph 2(1) of Schedule 1A, for the definition of...
s.sch011 In schedule 3, in paragraphs 3(a)(ii), 3(c), 18(2)(b), 28, 36(1),...
s.sch011 In paragraph 9 of Schedule 4, omit subparagraphs (9) and...
s.sch011 In section 25(2), for “for the purpose of Council Directive...
s.sch011 In paragraph 13(1) of Schedule 4 delete “, and producers...
s.sch011 In paragraphs 14(1)(b) and 14(1A) of Schedule 4 for “special...
s.sch011 For paragraph 14(5) of Schedule 4, substitute—
s.sch011 For paragraph 14(8) of Schedule 4, substitute—
s.sch011 The Town and Country Planning (Environmental Impact Assessment)(England and Wales)...
s.sch011 In paragraph 9 of Schedule 1, for “hazardous waste (that...
s.sch011 The Environmental Protection (Disposal of Polychlorinated Biphenyls and Dangerous Substances)...
s.sch011 The Pollution Prevention and Control (England and Wales) Regulations 2000...
s.sch011 In Chapter 5 of Schedule 1— (a) in the definition...
s.sch011 The Controlled Waste (Registration of Carriers and Seizure of Vehicles)...
s.sch011 The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002...
s.sch011 In regulation 3(3)(e), for “Special Waste Regulations 1996” substitute “...
s.sch011 The Landfill (England and Wales) Regulations 2002 are amended as...
s.sch011 In Regulation 7(2) for “Hazardous waste means any waste as...
s.sch011 For paragraph 2(a) of Schedule 1, substitute “ (a) it...
s.sch011 For paragraph 3(1)(a) of Schedule 1, substitute “ (a) it...
s.sch011 For paragraph 3(1)(b) of Schedule 1, substitute “ (b) it...
s.sch011 For paragraph 5(1)(g) of Schedule 1, substitute—
s.sch011 The Packaging (Essential Requirements) Regulations 2003 are amended as follows....
s.sch011 In regulation 3(2), for the words “or the provisions of...
s.sch011 At the end of Schedule 1 insert “ The Hazardous...
s.sch011 The Environmental Protection (Duty of Care) Regulations 1991 are amended...
s.sch011 In regulation 2(3), for “special waste” substitute “ hazardous waste...
s.sch011 The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 are...
s.sch011 In Section 5.1 of Chapter 5 of Schedule 1—
s.sch011 The 1994 Regulations are amended as follows.
s.sch012 (1) This paragraph applies to any notification of premises...
s.sch012 Where the removal of waste by pipeline from any premises...
s.sch012 (1) Subject to the following provisions of this Schedule,...
s.sch012 (1) This paragraph applies in relation to waste which was...
1 other provision
s.para.88 Test methods

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