S.L. 549.50 Art. 4Applicability.

(1) Subject to sub-regulation (2), these regulations shall cover extractive waste and backfill.

(2) The following shall be excluded from the scope of these regulations:

(a) waste which is generated by the prospecting, extraction and treatment of mineral resources and the working of quarries, but which does not directly result from those operations, e.g. food waste, waste oil, end-of-life vehicles, spent batteries and accumulators. The management of such waste should be subject to the provisions of the Waste Regulations, or the Waste

Management (Landfill) Regulations, or any other relevant Community or Maltese legislation;

(b) waste resulting from the offshore prospecting, extraction and treatment of mineral resources;

(c) injection of water and re-injection of pumped groundwater as defined in regulation 11(3)(j)(i) and

(ii) of the Water Policy Framework Regulations, to the extent authorised by that regulation.

(3) Any waste facility which has been granted a permit or which is already in operation on 1 May 2008 shall comply with these regulations by 1 May 2012.

(4) Any excavation void which has been granted a permit or which is already in operation on 1 May 2008 may continue operating in accordance with the Waste Regulations, or the Waste

Management (Landfill) Regulations, unless the competent authority decides otherwise.

(5) Regulations 7, 8(3) to (8), 9, 10, 12(1), 14(1), (2) and (3), 17 and 18 shall not apply to those waste facilities that have stopped accepting waste before 1 May 2006, that are completing the closure procedures in accordance with the applicable Community or Maltese legislation or programmes approved by the Competent Authority, and will be effectively closed by 31 December 2010: Provided that these facilities shall be managed in a way that does not prejudice the achievement of the objectives of these regulations, in particular the objectives of regulation 5(1), including the Water Policy Framework Regulations.

(6) Without prejudice to other Maltese legislation, waste which falls within the scope of these regulations shall not be subject to the Waste Management (Landfill) Regulations: Provided that the Waste Management (Landfill)

Regulations shall continue to apply to waste other than extractive waste used for backfilling into excavation voids, whether created through surface or underground extraction, as appropriate.

(7) Sub-regulation (3) shall not apply to waste facilities closed by 1 May 2008.

(8) The competent authority shall ensure that, from 1 May 2006 and notwithstanding any closure of a waste facility after that date and before 1 May 2008, extractive waste is managed in a way that does not prejudice the fulfilment of regulation 5(1), and other applicable environmental requirements set out in national and Community legislation, including the Water Policy Framework Regulations.