Waste Management Act, 1996
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Definitions of “waste”, “hazardous waste”, “disposal”, “recovery”. |
4.—(1) (a) In this Act, “waste” means any substance or object belonging to a category of waste specified in the First Schedule or for the time being included in the European Waste Catalogue which the holder discards or intends or is required to discard, and anything which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste until the contrary is proved. | |
(b) A reference in this Act to waste shall be construed as including a reference to hazardous waste unless the contrary intention appears. | ||
(2) (a) In this Act, “hazardous waste” means— | ||
(i) hazardous waste for the time being mentioned in the list prepared pursuant to Article 1 (4) of Council Directive 91/689/EEC of 12 December, 19911 , being either— | ||
(I) Category I waste that has any of the properties specified in Part III of the Second Schedule , or | ||
(II) Category II waste that— | ||
(A) contains any of the constituents specified in Part II of the Second Schedule , and | ||
(B) has any of the properties specified in Part III of the said Schedule, | ||
(ii) such other waste, having any of the properties specified in Part III of the Second Schedule , as may be prescribed for the purposes of this definition. | ||
(b) For the purposes of the definition in this subsection— | ||
“Category I waste” means waste specified in any of the following paragraphs of Part I of the Second Schedule , namely paragraphs 1 to 18; | ||
“Category II waste” means waste specified in any of the following paragraphs of the said Part I , namely paragraphs 19 to 40. | ||
(3) In this Act, “disposal”, in relation to waste, includes any of the activities specified in the Third Schedule , and “waste disposal activity” shall be construed accordingly. | ||
(4) In this Act, “recovery”, in relation to waste, means any activity carried on for the purposes of reclaiming, recycling or re-using, in whole or in part, the waste and any activities related to such reclamation, recycling or re-use, including any of the activities specified in the Fourth Schedule , and “waste recovery activity” shall be construed accordingly. | ||
(5) The Minister may make regulations varying the First Schedule or the Second Schedule by adding or deleting anything to or from either of the said Schedules. | ||