74. In section 75 of the 1990 Act (meaning of “waste” and household, commercial and industrial waste and special waste)—
(a)in the heading for “special waste” there shall be substituted “ hazardous waste ”;
(b)after subsection (8) there shall be inserted—
“(8A) “Hazardous waste”—
(a)in the application of this Part to England, means any waste which is a hazardous waste for the purposes of the Hazardous Waste (England and Wales) Regulations 2005;
(b)in the application of this Part to Wales means—
(i)any waste listed as a hazardous waste in the Hazardous Waste List;
(ii)any waste listed in regulations made under section 62A(2) above;
(iii)any other waste which displays any of the properties listed in Annex III to Council Directive 91/689/EEC.
(8B) In subsection (8A) “Hazardous Waste List” means the list referred to in the first indent of Article 1(4) of Council Directive 91/689/EEC.”; and
(c)subsection (9) shall be omitted.