Part 3: Waste and Resource Efficiency Section 60: Hazardous waste: England and Wales New section 62ZA Special provision with respect to hazardous waste in England and Wales
Subsection (1) contains a power to make regulations to make provision about, or connected with, the regulation of hazardous waste.
	Subsection (2) contains further details about the provision that can be made under the power in subsection (1). This includes prohibitions or restrictions on what can be done with hazardous waste, requirements on how such waste may be kept, the registration of persons in control of hazardous waste, and the keeping and inspection of records related to hazardous waste. Such regulations may also impose civil sanctions or create criminal offences in relation to contraventions of the regulations.
	Subsection (3) states the maximum penalty that regulations made under this section can impose in relation to criminal offences. That maximum penalty is two years’ imprisonment.
	Subsection (4) introduces a definition of "civil sanctions". This is defined as the type of sanction in Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
	Subsection (5) makes further provision about civil sanctions. It states that the regulations may impose civil sanctions in cases where the conduct which has led to the sanction need not be an offence. The regulations may impose civil sanctions, even if the person imposing them is not a "regulator" within the meaning of the Regulatory Enforcement and Sanctions Act 2008.
	Subsection (6) contains further details as to what the regulations may provide for. This includes waste regulation authorities (the Environment Agency in England and Natural Resources Wales in Wales) supervising activities authorised under the regulations as well as the persons who carry out those activities. The regulations may also make provision about those regulators maintaining records (including registers), the regulator or person carrying out an activity in relation to hazardous waste recovering certain expenses or charges, and appeals to the Secretary of State or Welsh Ministers against the decisions of the Environment Agency and Natural Resources Wales respectively.
	Subsection (7) clarifies that this section is subject to section 114 of the Environment Act 1995. This means that the Secretary of State or Welsh Ministers can appoint another person to determine appeals on certain matters listed in section 114.
	Subsection (8) allows the regulations to confer functions on the Secretary of State, Welsh Ministers, the Environment Agency or Natural Resources Wales in relation to hazardous waste.
	Subsection (9) is a power to make incidental, consequential and transitional provision, and to allow different provision for different purposes.
	Subsection (10) inserts a definition of "mixing." This is to ensure that any hazardous waste that is mixed or diluted (perhaps to the extent that it is no longer hazardous waste) can still be regulated under regulations made under this section.
	Subsection (11) introduces definitions of "activity", "hazardous waste controller", "relevant national authority", and "specified". "Activity" is defined in relation to hazardous waste. The effect of the definition of "activity" is that anything defined as an activity can be regulated under the new power in relation to hazardous waste. "Activity" includes (among other activities) producing, keeping, treating, transporting, disposing and classifying hazardous waste, and directing and supervising others carrying out such an activity in relation to hazardous waste. "Hazardous waste controller" is defined as any person who carries out an activity (as defined above) in relation to hazardous waste. "Relevant national authority" is defined as the Secretary of State in England and Welsh Ministers in Wales. "Specified" is defined as specified in the regulations made under this section.
	Subsection (3) of section 60 amends section 75 of the Environmental Protection Act 1990 to insert a new definition of "hazardous waste" and "waste list". The new hazardous waste definition is inserted into section 75 of the Environmental Protection Act 1990 in a new subsection (8A) (which applies to England) and (8B) (which applies to Wales). Hazardous waste is defined to include any waste listed in the waste list as hazardous, waste listed as hazardous in regulations made under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020, and waste treated as hazardous for the purposes of regulations made under section 62ZA of that Act or the Hazardous Waste (England and Wales) Regulations 2005 or the Hazardous Waste (Wales) Regulations 2005. The new waste list definition is inserted into section 75 of the Environmental Protection Act 1990 in a new subsection (8C). It is defined as EU Decision 2000/532 (establishing a list of wastes).
	Subsection (4) of section 60 amends the table in section 160A(2) of the Environmental Protection Act 1990, as inserted into that Act by this Act. The changes require the affirmative parliamentary procedure to be used where the regulations made under the new section 62ZA create criminal offences, increase the maximum penalty for a criminal offence, or create civil sanctions.
	Subsection (5) of section 60 amends section 41 of the Environment Act 1995. The effect of this amendment is to enable the Environment Agency and Natural Resources Wales to make charging schemes as a means of recovering costs incurred in performing their functions under any regulations made under new section 62ZA of the Environmental Protection Act.
	Subsection (6) of section 60 amends section 114 of the Environment Act 1995, so that the Secretary of State can appoint an appropriate person to determine appeals under new section 62ZA of the Environmental Protection Act.