Statutory Instruments made by the National Assembly for Wales

"civic amenity site" means a place provided under section 1 of the Refuse Disposal (Amenity) Act 1978[9] or by virtue of section 51(1)(b) of the 1990 Act;

"clinical waste" means - 

(a) any waste which consists wholy or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which, unless rendered safe, may prove hazardous to any person coming into contact with it; and

(b) any other waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;

"closed landfill site" means a landfill site - 

(a) which ceased to accept waste before 16 July 2001; or

(b) in relation to which the Environment Agency has, pursuant to regulation 15(4)(b)(iii) of the Landfill (England and Wales) Regulations 2002[10], notified the operator by notice in writing served on the operator that it approves the closure,

and in relation to a landfill site where sub-paragraph (a) or (b) applies to only part of the site, means that part of the site only;

"hazardous waste" means - 

(a) Directive waste which is hazardous waste within the meaning of Article 1(4) of Council Directive 91/689/EEC[11] on hazardous waste ("the Hazardous Waste Directive") as amended by Council Directive 94/31/EC[12]; and

(b) medicinal waste, that is to say, any waste medicinal product which is not domestic waste within the meaning of the Hazardous Waste Directive,

and in this definition, "medicinal product" means a product as defined in section 130 of the Medicines Act 1968[13] (meaning of "medicinal product" etc.), of a description, or falling within a class specified in an order under section 58 of that Act[14] (medicinal products on prescription only);

"landfill site" means a waste disposal site for the deposit of waste onto or into land, including - 

(a) subject to sub-paragraph (b), any site which is used for more than a year for the temporary storage of waste; and

(b) any internal waste disposal site, that is to say a site where a producer of waste is carrying out its own waste disposal at the place of production;

but excluding - 

(i) any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;

(ii) any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment; or

(iii) any site where waste is stored for a period of less than one year prior to disposal;

"non-hazardous waste" means any waste which is not covered by the definition of hazardous waste;

"single waste stream" in relation to a waste disposal site refers to a site where the producer of all of the waste disposed of at that site is also the holder of the waste management licence for that site;

"transfer station" means a facility where waste is unloaded in order to permit its preparation for further transport for treatment, keeping or disposal elsewhere; and

waste is inert waste if - 

(a) it does not undergo any significant physical, chemical or biological transformations;

(b) it does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health; and

(c) its total leachability and pollutant content and the ecotoxicity of its leachate are insignificant and, in particular, do not endanger the quality of any surface water or groundwater.".

[2] 1990 c.43.back

[3] The functions of the Secretary of State were transferred to the National Assembly for Wales, in relation to Wales, by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.back

[4] S.I. 1994/1056. These Regulations were last amended (in relation to England and Wales) by regulation 6 of S.I. 2002/2980.back

[5] There are amendments to regulation 1 not relevant to this amendment.back

[6] Regulation 4 was amended by S.I. 1996/634 and 1997/2203.back

[7] 1998 c.38.back

[8] The Waste Management Industry Training and Advisory Board (WAMITAB) is a private law body which was set up in 1989 by the waste management industry.back

[9] 1978 c.3.back

[10] S.I. 2002/1559.back

[11] OJ No. L 377, 31.12.1991, p.20.back

[12] OJ No. L 168, 2.7.1994, p.28.back

[13] 1968 c.67; section 130 is amended by paragraph 3(7) to (10) of Schedule 1, and Schedule 2, to the Animal Health and Welfare Act 1984 (c.40).back

[14] Section 58 is amended by section 1 of the Medicinal Products: Prescription by Nurses etc. Act 1992 (c.28).back