
2020 No. 1179 (W. 265)
Environmental Protection, Wales
The Waste (Wales) (Miscellaneous Amendments) Regulations 2020
Made 27 October 2020
Laid before Senedd Cymru 28 October 2020
Coming into force 19 November 2020

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 (“the ECA 1972”) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and the prevention, reduction and management of waste.

The Welsh Ministers, in exercise of the powers conferred by section 2(2) of the ECA 1972, make the following Regulations.
Title and commencement
1 

(1) The title of these Regulations is the Waste (Wales) (Miscellaneous Amendments) Regulations 2020.
(2) These Regulations come into force on 19 November 2020.
Amendment of the Waste (Wales) Measure 2010
2 

(1) The Waste (Wales) Measure 2010 is amended as follows.
(2) In section 9(3), for “Council Directive 2011/97/EU” substitute “Directive (EU) 2018/850”.
(3) In section 17(2), for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
Amendment of the Landfill Allowances Scheme (Wales) Regulations 2004
3 

(1) The Landfill Allowances Scheme (Wales) Regulations 2004 are amended as follows.
(2) In regulation 2(1), in the definition of “waste facility” for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
(3) In regulation 7(10), for “Council Regulation 2011/97/EU” substitute “Directive (EU) 2018/850”.
Amendment of the Hazardous Waste (Wales) Regulations 2005
4 

(1) The Hazardous Waste (Wales) Regulations 2005 are amended as follows.
(2) In regulation 2(1)(a), for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
(3) In regulation 5(2), in the definition of “management”, after “recovery” insert “(including sorting)”.
(4) For regulation 19(4) substitute—“
(4) Paragraph (1) applies to the mixing of waste oil only where such mixing would impede regeneration or another recycling operation delivering an equivalent or a better overall outcome than regeneration.
(5) In paragraph (4)—
 “recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes, including the reprocessing of organic material but not including energy recovery or reprocessing into materials that are to be used as fuels;
 “regeneration” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils.”.
(5) In regulation 20—
(a) in paragraph (1)—
(i) for “This regulation” substitute “Paragraph (2)”;
(ii) in sub-paragraph (b)(i), omit “and economically”;
(b) after paragraph (2) insert—“
(2A) Where separation is not required pursuant to paragraph (2), the holder must make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat that waste.”.
(6) In regulation 47(5B)—
(a) for “Council Directive 2011/97/EU” substitute “Directive (EU) 2018/850”;
(b) at the end insert “or (3)”.
(7) In regulation 48(6B)—
(a) “for Council Directive 2011/97/EU” substitute “Directive (EU) 2018/850”;
(b) at the end insert “or (3)”.
Amendment of the Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011
5 

(1) The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011 are amended as follows.
(2) In regulation 2(1), in the definition of “Waste Framework Directive”, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
Amendment of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
6 

(1) The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 are amended as follows.
(2) In Schedule 1—
(a) in paragraph 9, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;
(b) in paragraph 10, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
Lesley Griffiths
Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
27 October 2020