S.L. 549.63 Art. 4Definitions.

In these regulations, unless the context otherwise requires:

"the Act" means the Environment Protection Act;

"the Agency" means the Circular Economy Malta established by the Circular Economy Malta (Establishment) Order;

"after-care obligations" means the duties which the competent authority may require a waste operator to carry out under regulation 22; "applicant" means any person who applies for an environmental permit as the case may be under these regulations; "backfilling" means any recovery operation where suitable non-hazardous waste is used for purposes of reclamation in excavated areas or for engineering purposes in landscaping. Waste used for backfilling must substitute non-waste materials, be suitable for the aforementioned purposes, and be limited to the amount strictly necessary to achieve those purposes; "best available techniques" means best available techniques as defined in regulation 5 of the Industrial Emissions (Framework)

Regulations; "bio-waste" means biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants;

"broker" means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste; "carrier" means the person who collects and carries out the transport, other than shipments of waste; "collection" means the gathering of waste, including the

* OJ L 229, 1.9.2009, p. 1 preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility; "co-mingled collection" means the collection of waste streams intended for recycling together with each other but separately from other waste; "commercial waste" means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment, excluding:

(a) household waste;

(b) industrial waste;

(c) extractive waste as defined in regulation 3(1) of the Waste Management (Management of Waste from Extractive Industries and Backfilling) Regulations;

(d) waste of any other description deemed as not commercial by the competent authority; "the competent authority" has the same meaning as ‘the authority’ as defined in article 2 of the Act; "consignee" means any natural or legal person who receives a waste consignment for recovery or disposal; "consignment note" means a note that is to accompany the consignment of hazardous or non-hazardous waste, in the form set out in Schedule 9; "consignment permit" means a permit that is to be obtained from the competent authority prior to a consignment of hazardous or non-hazardous waste;

"consignor" means any natural or legal person who initiates the transport, other than shipment, of waste, by requiring that the waste be removed from the place at which it is being held; "construction and demolition waste" means waste generated by construction and demolition activities; "dealer" means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste; "disposal" means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. Schedule 1 sets out a non-exhaustive list of disposal operations; "food waste" means all food as defined in Article 2 of Regulation

(EC) No 178/2002 of the European Parliament and of the Council that * has become waste ; "hazardous waste" means waste which displays one or more of the hazardous properties listed in Schedule 3; "household waste" means waste generated by households;" "industrial waste" means waste from any of the following premises:

* OJ L 31, 1.2.2002, p. 1

(a) any work place as defined in article 2 of the Health and Safety at Work Act;

(b) any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;

(c) any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; or

(d) any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services; "material recovery" means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter preparing for re-use, recycling and backfilling; alia, "local council" means a local council established under the Local Government Act;

"the Minister" means the Minister responsible for the environment; "municipal waste" means:

(a) mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture;

(b) mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households. Municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or construction and demolition waste.

This definition is without prejudice to the allocation of responsibilities for waste management between public and private actors;"permit holder" means a person who has sought and obtained a permit from the competent authority; "non-hazardous waste" means waste which is not covered by the definition "hazardous waste" "Order" means a stop order or a compliance order issued under the Act; "permit" means any permit issued by the competent authority under regulation 19;

"preparing for re-use" means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing; "prevention" means measures taken before a substance, material or product has become waste, that reduce:

(a) the quantity of waste, including through the re-use of products or the extension of the life span of products;

(b) the adverse impacts of the generated waste on the environment and human health; or

(c) the content of hazardous substances in materials and products; "recovery" means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Schedule 2 sets out a non-exhaustive list of recovery operations;

"recycling" means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations; "regeneration of waste oils" means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils; "regional council" means a regional council established under the Local Government Act; "remedial notice" means the notification document served upon a permit holder when the competent authority considers that the conditions of his permit are no longer adequate, or that his permitted waste production or waste management activity poses an unforeseen risk to human health or the environment; "re-use" means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived; "separate collection" means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment;

"shipment" is as defined in Article 2 (34) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 * June 2006 on shipments of waste ; "treatment" means recovery or disposal operations, including preparation prior to recovery or disposal; "waste holder" means the waste producer or the natural or legal person who is in possession of the waste; "waste management" means the collection, transport, recovery (including sorting), and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including

*OJ L 190, 12.7.2006, p. 1-98 actions taken as a dealer or broker;

"waste oils" means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils; "waste producer" means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste; "waste" means any substance or object which the holder discards or intends or is required to discard.