The Transfrontier Shipment of Hazardous Waste Regulations 1988

UK Statutory Instrument 1988 No. 1562 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 8 September 1988
In force from: 14 October 1988
Extent: Not stated
Subject: Alcohol licensing, gambling, smoke-free and public health
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply to England, Wales and Scotland, implement Council Directive No. 84/631/EEC, as amended and adapted to technical progress, on the supervision and control within the European Community of the transfrontier shipment of hazardous waste. Such waste is, with certain exceptions, “special waste” as defined in the Control of Pollution (Special Waste) Regulations 1980. The Regulations provide a system of consignment notes and uniform documents to be used by persons who produce, transport and dispose of consignments of hazardous waste. Regulations 3 to 10 prohibit holders of hazardous waste from commencing, or allowing the commencement of, the transport of a consignment to destinations outside the United Kingdom until such transport has been notified to the appropriate authorities and the relevant competent authority of the appropriate Member State has acknowledged the notification. (Lists of competent authorities for the purposes of the Directive are published in the Official Journal of the European Communities.) Where a number of consignments of hazardous waste having essentially the same physical and chemical characteristics are to be transported within a 12 month period to the same consignee through the same points of exit and entry, regulations 4 and 7 provide for notification of, and acknowledgement by, the appropriate authorities of notifications relating to the series of consignments, rather than to each individual consignment. Regulations 11 to 15 prohibit the acceptance of a consignment of hazardous waste originating outside the United Kingdom unless it is accompanied by a consignment note. Regulation 13 also requires consignees to notify the relevant authorities of the acceptance of the consignment. Regulations 16 and 17 prohibit a carrier from transporting a consignment of waste to which the Regulations apply unless the consignment is accompanied throughout its journey by the appropriate documentation. In regulations 5, 8, 10(2), 12, 14 and 15(2) provision is made for a simplified notification procedure to be used with respect to hazardous waste the non-ferrous metal content of which is to be recycled, using for this purpose a uniform document rather than a consignment note. Regulations 19 to 25 require a waste disposal authority that is notified of a consignment of hazardous waste either to acknowledge the notification or to object to the transport of the consignment giving reasons. Such action must be taken within the specified periods. Regulation 26 lays down the procedure for appealing to the Secretary of State against an objection to the transport of a consignment. Regulations 27 to 29 make provision with respect to offences. Regulation 30 amends the Control of Pollution (Special Waste) Regulations 1980. Consignment notes and uniform documents can be obtained from the Department of the Environment, Room A212, Romney House, 43 Marsham Street, London SW1P 3PY; the Welsh Office, Room 2/081, Cathays Park, Cardiff CF1 3NQ; and the Scottish Development Department, Room 109, 27 Perth Street, Edinburgh EH3 5RB.

Offences created by this instrument

A holder, carrier or consignee who fails to comply with any provision of these Regulations, other than regulations 10,… regulation 28(1) · Status not determined · Strict liability
Any person who fails to comply with regulations 10, 15 or 18 shall commit an offence and be liable on summary… regulation 28(2) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Toxic Waste: Transport Lords · Lords Chamber · 9 October 1989 · The Parliamentary Under-Secretary of State, Department of the Environment (Lord Hesketh)
My Lords, yes. Under the Transfrontier Shipment of Hazardous Waste Regulations 1988 the disposal authority receives pre-notification of a shipment before it begins its journey. The authority has power to prohibit the shipment if the disposal of the waste at the proposed facility would be contrary to the conditions of the disposal licence and if the transport of the shipment would lead to a breach of transport regulations.
Toxic Waste (Wentworth) Commons · Commons Chamber · 13 June 1991 · The Parliamentary Under-Secretary of State for the Environment (Mr. Tony Baldry)
The hon. Member for Wentworth (Mr. Hardy) has raised an important issue. Let me first explain what my hon. Friend the Member for Rossendale and Darwen (Mr. Trippier), the Minister for the Environment and Countryside, has explained to the hon. Gentleman and other interested parties on numerous occasions—either at meetings or in correspondence—as the saga has developed. As the hon. Gentleman has said, the matter is subject to litigation—indeed, litigation has been started. I shall say more about that shortly. We were advised by the proper regulatory authorities—the Health and Safety Executive…
Toxic Waste (Ellesmere Port And Neston) Commons · Commons Chamber · 22 May 1992 · The Parliamentary Under-Secretary of State for the Environment (Mr. Tony Baldry)
The hon. Member for Ellesmere Port and Neston (Mr. Miller) has raised issues of understandable concern to his constituents and I welcome the opportunity to respond. I fully understand and share public concern about the general question of imports of waste for disposal. There is no question whatever of the United Kingdom being a "dustbin" for the world's waste; there never has been and there never will be. Waste comes here because we are equipped to deal with it efficiently, effectively and in an environmentally sound way. Some other countries, on the other hand, have been slower than us to…
Toxic Waste Disposal (Wales) Commons · Commons Chamber · 10 July 1992 · Mr. Nick Ainger (Pembroke)
I shall try to confine my remarks to the issue, especially to the Transfrontier Shipment of Hazardous Waste Regulations 1988, which are relevant to the part of the motion on the importation of toxic waste into Wales for so-called disposal at ReChem in Pontypool. The debate could be described as a curate's egg. Excellent speeches were made by my hon. Friend the Member for Torfaen (Mr. Murphy) and—unfortunately, he is not present to hear my compliment—the hon. Member for Monmouth (Mr. Evans). The speeches of the hon. Members for Sutton and Cheam (Lady Olga Maitland) and for Clwyd, North-West…

How Parliament handled it

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