PART 2 HAZARDOUS AND NON-HAZARDOUS WASTE
Specific waste to be treated as hazardous8
1
The Assembly, having regard to F1Annex III and the limit values of concentration in the List of Wastes, may determine, in exceptional cases, that a specific batch of waste in Wales which-—
a
is not listed in the List of Wastes;
F2b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
though of a type listed as a hazardous waste in the List of Wastes, is treated as non-hazardous pursuant to regulation 9(2),
displays one or more of the hazardous properties, and accordingly that it is to be treated for all purposes as hazardous waste.
2
F53
For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous—
a
in relation to England if—
i
of a type listed in regulations made under section 62A(2) of the 1990 Act;
ii
it is the subject of a determination by the Secretary of State under regulation 8 of the Hazardous Waste (England and Wales) Regulations 2005;
b
in relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005;
c
in relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III.