Welsh Statutory Instrument 2001 No. 1506 (W. 104 )
The Prescribed Waste (Wales) Regulations 2001
© Crown Copyright 2001
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STATUTORY INSTRUMENTS
2001 No. 1506 (W. 104 )
ENVIRONMENTAL PROTECTION, WALES
The Prescribed Waste (Wales) Regulations 2001
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Made |
20th April 2001 |
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Coming into force |
21st April 2001 |
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The National Assembly for Wales, in exercise of the powers conferred
on the Secretary of State by sections 57(6) and 63(1) of the Environmental
Protection Act 1990[1] and now vested in it[2],
having in accordance with section 63(1) consulted such bodies as it considers
appropriate, hereby makes the following Regulations:
Citation, commencement, cessation and extent
1. - (1) These Regulations may be cited as
the Prescribed Waste (Wales) Regulations 2001.
(2) These Regulations shall come into force on
21st April 2001 and shall cease to have effect 20th July 2001 unless previously
extended or revoked by further Regulations.
(3) These Regulations apply to Wales.
Prescribed Waste
2. - (1) Section 57 of the Environmental Protection
Act 1990 (power of Secretary of State to require waste to be accepted,
treated, disposed of or delivered) shall have effect in Wales as if references
to controlled waste included references to any waste which is from premises
used for agriculture within the meaning of the Agriculture Act 1947[3]and
which consist of -
(a) subject to paragraph (3), carcasses (or parts of carcasses,
including blood) of animals specified in paragraph (2); or
(b) rendered material or ash resulting from the rendering or burning
of carcasses (or parts of carcasses, including blood) of animals specified
in paragraph (2).
(2) The animals referred to in paragraph (1)(a) and
(b) are animals which -
(a) are cattle, sheep, goats, any other ruminating animals or swine;
and
(b) are slaughtered as a direct or indirect result of measures taken
in connection with foot-and-mouth disease.
(3) Paragraph (1)(a) shall not apply to cattle born
before 1st August 1996.
Enactment prescribed for the purposes of section 57(6) of the Environmental
Protection Act 1990
3. The following enactments are prescribed for the
purposes of section 57(6) of the Environmental Protection Act 1990 (defences
in the case of compliance with a direction) -
Signed on behalf of the National Assembly for Wales under section
66(1) of the Government of Wales Act 1998[6]
Carwyn Jones
Assembly Secretary
20 April 2001
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations allow the National Assembly for Wales to direct
by written notice the holder of a waste management licence to accept and
keep, or accept and treat or dispose of the carcasses (or parts of carcasses)
of certain types of animal which have been slaughtered as a result of measures
taken in connection with foot-and-mouth disease. The relevant types of
animal are cattle (if born on or after 1st August 1996), sheep, other ruminating
animals or swine. Directions may also be given in relation to ash or rendered
material resulting from the burning or rendering of the carcasses or parts
of carcasses of cattle (of any age), sheep, other ruminating animals or
swine where such animals have been slaughtered as a result of the containment
measures.
The extension by these Regulations of the types of waste which may
be the subject of a direction of the National Assembly under section 57(1)
& (2) of the Environmental Protection Act 1990 described above will
have effect throughout the whole of Wales. A licence holder will not be
guilty of a criminal offence under any of the specified provisions of the
Town and Country Planning Act 1990 and the Environmental Protection Act
1990 by reason only of anything necessarily done or omitted to comply with
a direction under section 57(1) of the Environmental Protection Act 1990.
The Regulations will cease to have effect on 20th July 2001 unless
previously extended or revoked.
A waste management licence holder convicted of failing to comply
with a direction under section 57(1) of the Environmental Protection Act
1990 without reasonable excuse is liable to a fine of up to £5000.
Notes:
[1] 1990 c.43.back
[2] The powers of the Secretary of State in so
far as exercisable in relation to Wales have been transferred to the National
Assembly for Wales; see Article 2 of and Schedule 1 to the National Assembly
for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[3] 1947 c.48.back
[4] 1990 c.8; relevant amendments were made by
sections 2, 8 and 9(4) of the Planning and Compensation Act 1991 (c.34)
and paragraph 35 of Schedule 7 to the 1991 Act.back
[5] Relevant amendments were made by section
33 of the Deregulation and Contracting Out Act 1994 (c.40), section 120(1)
of the Environment Act 1995 (c.25), paragraphs 64 and 65 of Schedule 22
to that Act, regulation 19 of S.I. 1994/1056, paragraph 11 of Part I of
Schedule 4 to S.I. 1994/1056 and paragraphs 2 and 4 of Part 1 of Schedule
10 to S.I. 2000/1973.back
[6] 1998 c.38.back
Cymraeg (Welsh)
ISBN 0-11-090201-7
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