Made | 28th November 2003 | ||
Coming into operation | 19th December 2003 |
1. | Citation, commencement and interpretation |
2. | Offences |
3. | Technical competence |
4. | Technical competence - transitional provisions |
5. | Pre-qualification technical competence |
6. | Notice of appeal |
7. | Time limit for making an appeal |
8. | Notification of determination |
9. | Particulars to be entered in public registers |
10. | Information to be excluded or removed from a register |
11. | Mobile plant |
12. | Health at work |
13. | Waste oils |
14. | Groundwater |
15. | Amendments to the Groundwater Regulations (Northern Ireland) 1998 |
16. | Exclusion of activities under other control regimes from waste management licensing |
17. | Exemptions from waste management licensing |
18. | Registration in connection with exempt activities |
19. | Registration obligations |
20. | Refusal, revocation and cessation of registration |
21. | Waste Framework Directive |
22. | Registration of brokers |
23. | Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995 |
24. | Amendment of the Special Waste Regulations (Northern Ireland) 1998 |
25. | Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 |
26. | End of Life Vehicles Directive |
27. | Revocations |
Schedule 1 | Certificates of technical competence |
Schedule 2 | Exemptions from waste management licensing |
Part I | Activities exempt from waste management licensing |
Part II | Information required for the registration of an exemption |
Part III | Assessment of benefit to agriculture or ecological improvement |
Schedule 3 | Waste Framework Directive, etc. |
Part I | General |
Part II | Waste disposal operations |
Part III | Waste recovery operations |
Schedule 4 | Registration of brokers of controlled waste |
Schedule 5 | Conditions for the keeping or treatment of end of life vehicles |
Part I | Obligations in respect of keeping or treatment of end of life vehicles |
Part II | Minimum technical requirements for the keeping and treatment of end of life vehicles |
(4) For the purposes of these Regulations a person carries on business as a scrap metal dealer if he carries on a business which consists wholly or partly of buying and selling scrap metal, whether the scrap metal sold is in the form in which it was bought or otherwise, other than a business in the course of which scrap metal is not bought except as materials for the manufacture of other articles and is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture.
Offences
2.
An offence is prescribed for the purposes of Article 3(3)(a) of the 1997 Order if it is an offence under any of the following enactments: -
Technical competence
3.
- (1) Subject to paragraph (2) and regulation 4, and without prejudice to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002[48], Schedule 1 has effect to prescribe for the purposes of Article 3(3)(b) of the 1997 Order (management of activities to be in the hands of a technically competent person) the qualifications required of a person if that person is to be considered technically competent in relation to a facility of a type listed in Table 1.
(2) Paragraph (1) does not apply in relation to a facility which is used exclusively for the purpose of -
Technical competence - transitional provisions
4.
- (1) Where before 19th June 2004 a person has applied to the Waste Management Industry Training and Advisory Board[49] ("WAMITAB") for a certificate of technical competence and at any time in the 12 months ending on that date he acted as the manager of a facility of a type listed in Table 1 for which the certificate is a relevant certificate, then, until 19th June 2007, regulation 3 shall not apply to him in relation to either -
and until 19th June 2007 he shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 Order in relation to any such facility in Northern Ireland.
(2) Where a person is 55 or over on 19th December 2003 and in the 10 years ending on that date he has had at least 5 years experience as the manager of a facility of a type listed in Table 1, then, until 19th December 2013, regulation 3 shall not apply to him in relation to either -
and until 19th December 2013 he shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 Order in relation to any such facility in Northern Ireland.
(3) A person shall be treated as the manager of a facility for the purposes of paragraph (1) or (2) if at the relevant time he was the manager of activities which were carried on at that facility and which were authorised by -
(4) Where a person was technically competent for the purposes of section 74(3)(b) of the Environmental Protection Act 1990[51] in relation to a facility immediately prior to 1st April 2003 (whether or not the management of the facility was in the hands of that person at that time), then, until 19th December 2005 that person shall be treated as technically competent in relation to that facility for the purposes of Article 3(3)(b) of the 1997 Order.
Pre-qualification technical competence
5.
- (1) Where: -
then, in relation to the facility in respect of which the application mentioned in sub-paragraph (b) was made and until the expiry of two years from the grant of a licence pursuant to that application, regulation 3 shall not apply to that person and he shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 Order.
(2) The types of facility mentioned in paragraph (1)(a) are all those listed in Table 1 other than any type of landfill site.
Notice of appeal
6.
- (1) A person who wishes to appeal to the Planning Appeals Commission under Article 17 or 36(5) of the 1997 Order (appeals to the Planning Appeals Commission from decisions with respect to licences or from determinations that information is not commercially confidential) shall do so by notice in writing.
(2) The notice shall be accompanied by -
(3) On receipt of an appeal the Planning Appeals Commission shall give notice of the appeal to the Department together with copies of the documents mentioned in paragraph (2).
(4) If the appellant wishes to withdraw an appeal, he shall do so by notifying the Planning Appeals Commission in writing and shall send a copy of that notification to the Department.
Time limit for making an appeal
7.
Notice of appeal shall be given -
(b) in the case of an appeal under Article 36(5) of the 1997 Order, before the expiry of the period of 21 days beginning with the date on which the determination which is the subject of the appeal is notified to the person concerned.
Notification of determination
8.
- (1) The Planning Appeals Commission shall notify the appellant in writing of its decision and of its reasons.
(2) The Planning Appeals Commission shall, at the same time as notifying the appellant of its decision, send the Department a copy of any document sent to the appellant under this regulation.
Particulars to be entered in public registers
9.
- (1) Subject to Articles 35 and 36 of the 1997 Order and regulation 10, a register maintained by the Department under Article 34(1) of the 1997 Order shall contain full particulars of -
(c) notices issued by the Department under Article 10 of the 1997 Order effecting the modification of licences;
(d) notices issued by the Department under Article 12 of the 1997 Order effecting the revocation or suspension of licences or imposing requirements on the holders of licences;
(e) notices of appeal under Article 17 of the 1997 Order relating to decisions of the Department and other documents relating to such appeals served on or sent to the Department under regulation 6(3) or (4) or 8(2);
(f) convictions of holders of licences granted by the Department for any offence under Part II of the 1997 Order (whether or not in relation to a licence) including the name of the offender, the date of conviction, the penalty imposed and the name of the Court;
(g) reports produced by the Department in discharge of any functions under Article 16 of the 1997 Order, including details of -
(h) any monitoring information relating to the carrying on of any activity under a licence granted by the Department which was obtained by the Department as a result of its own monitoring or was furnished to the Department in writing by virtue of any condition of the licence or Article 44(1) of the 1997 Order;
(i) any summary prepared by the Department of the amount of special waste produced or disposed of;
(j) registers and records provided to any district council under regulation 14(5) or 15(1) of the Special Waste Regulations (Northern Ireland) 1998;
(k) applications to the Department under Article 13 of the 1997 Order for the surrender of licences, including details of -
(l) reports produced under Article 73(2) of the 1997 Order by a person authorised under that Article;
(m) information on exempt activities in accordance with regulation 18(2).
(2) The register shall also contain the following -
(3) For the purposes of this regulation, waste management licences are "recently" current for the period of twelve months after they cease to be in force, and applications for waste management licences, or for the transfer or modification of such licences, are "recently" current if they relate to a waste management licence which is current or recently current or, in the case of an application which is refused, for the period of twelve months beginning with the date on which the Department gives notice of refusal or, as the case may be, on which the application is deemed by Article 8(6), 10(5) or 14(6) of the 1997 Order to have been refused.
Information to be excluded or removed from a register
10.
- (1) Nothing in regulation 9(1)(g) or (l) or regulation 9(2) shall require a register maintained by the Department under Article 34(1) of the 1997 Order to contain information relating to, or to anything which is the subject-matter of, any criminal proceedings (including prospective proceedings) at any time before those proceedings are finally disposed of.
(2) Nothing in regulation 9 shall require a register maintained by the Department under Article 34(1) of the 1997 Order to contain -
Mobile plant
11.
- (1) Plant of the following descriptions, if it is designed to move or be moved by any means from place to place with a view to being used at each such place or, if not so designed, is readily capable of so moving or being so moved, but no other plant, shall be treated as being mobile plant for the purposes of Part II of the 1997 Order -
(c) plant for the vitrification of waste;
(d) plant for the treatment of clinical waste;
(e) plant for the treatment of waste soil;
(f) plant for the dewatering of muds, sludges, soils and dredgings;
(g) plant for the treatment by lime stabilisation of sludge;
(h) plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or a waterway.
(2) In this regulation "controlled substance" means any one of the following: - chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1.1.1 trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons.
Health at work
12.
No conditions shall be imposed in any waste management licence, disposal licence or resolution for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work (Northern Ireland) Order 1978[53]).
Waste oils
13.
- (1) Where a waste management licence, disposal licence or resolution authorises the regeneration of waste oil, it shall include conditions which ensure that base oils derived from regeneration do not constitute a toxic and dangerous waste and do not contain PCBs or PCTs at all or do not contain them in concentrations beyond a specified maximum limit which in no case is to exceed 50 parts per million.
(2) Where a waste management licence, disposal licence or resolution authorises the keeping of waste oil, it shall include conditions which ensure that it is not mixed with toxic and dangerous waste or PCBs or PCTS.
(3) In this regulation -
Groundwater
14.
- (1) Expressions used both in this regulation and in Council Directive 80/68/EEC[54] have for the purposes of this regulation the same meaning as in that Directive.
(2) Where the Department proposes to issue a waste management licence authorising -
the Department shall ensure that the proposed activities are subjected to prior investigation.
(3) The prior investigation referred to in paragraph (2) shall include examination of the hydrogeological conditions of the area concerned, the possible purifying powers of the soil and sub-soil and the risk of pollution and alteration of the quality of the groundwater from the discharge and shall establish whether the discharge of substances into groundwater is a satisfactory solution from the point of view of the environment.
(4) A waste management licence shall not be issued in any case within paragraph (2) until the Department has checked that the groundwater, and in particular its quality, will undergo the requisite surveillance.
(5) In a case within paragraph (2)(a) or (c) -
(b) where the Department is not satisfied, in the light of the investigation, that the groundwater which may be affected by such a discharge is permanently unsuitable for other uses, especially domestic and agricultural, a waste management licence may only be issued if it is made subject to such conditions as the Department is satisfied will ensure the observance of all technical precautions necessary to prevent any discharges into groundwater of substances in list I.
(6) In a case within paragraph (2)(b) or (d), if a waste management licence is issued, it shall be issued subject to such conditions as the Department, in the light of the investigation, is satisfied will ensure the observance of all technical precautions for preventing groundwater pollution by substances in list II.
(7) Where a waste management licence is granted in any case within paragraph (2)(a) or (b), the licence shall be granted on such terms and subject to such conditions as specify -
(8) Where a waste management licence is granted in any case within paragraph (2)(c) or (d), the licence shall be granted on such terms and subject to such conditions as specify -
(9) Any authorisation granted by a waste management licence for an activity within paragraph (2) shall be granted for a limited period only and shall be reviewed at least every 4 years.
(10) The Department shall review all disposal licences and all resolutions which authorise any activity within paragraph (2) and shall, so far as may be necessary to give effect to Council Directive 80/68/EEC exercise its powers under Articles 47(2) and (3) of the 1997 Order to apply Articles 10 and 12 of the 1997 Order (variation and revocation etc. of licences) in relation to any such authorisation.
Amendments to the Groundwater Regulations (Northern Ireland) 1998
15.
- (1) The Groundwater Regulations (Northern Ireland) 1998[55] shall be amended as follows.
(2) In regulation 2(1) (Interpretation) -
(3) At the end of regulation 3 (Exclusions from these Regulations) add -
Exclusion of activities under other control regimes from waste management licensing
16.
- (1) Subject to paragraph (2), Article 4(1)(a), (b) and (c) of the 1997 Order shall not apply in relation to the carrying on of any of the following activities -
(2) Paragraph (1)(a), (b) and (d) does not apply insofar as the activity involves the final disposal of waste by deposit in or on land.
(3) In paragraph (1)(c) "Part A installation" has the meaning given by regulation 2(2) of the 2003 Regulations.
Exemptions from waste management licensing
17.
- (1) Subject to the following provisions of this regulation and of regulations 18, 19 and 20 and to any conditions or limitations in Part I of Schedule 2, Article 4(1)(a) and (b) of the 1997 Order shall not apply in relation to the carrying on of any exempt activity.
(2) In the case of an exempt activity which is carried out on land, paragraph (1) only applies if -
(3) Unless otherwise indicated in Part I of Schedule 2, paragraph (1) does not apply to the carrying on of an exempt activity in so far as it involves special waste or treatment of end of life vehicles.
(4) Paragraph (1) only applies in relation to an exempt activity by an establishment or undertaking if -
(5) Subject to paragraph (6), paragraph (1) shall not apply to any exempt activity if that activity is carried out or is proposed to be carried out in or on land which is in the occupation of a person who is the holder of a licence for that land.
(6) Paragraph (5) shall not apply where the establishment or undertaking has received written approval from the Department for the activity in question.
(7) For the purposes of paragraph (5), any reference to a licence shall include a reference to an existing disposal licence or an existing resolution of a district council as defined in Article 47(1) of the 1997 Order.
(8) Paragraph (4)(b) and regulations 18 to 20 shall not apply to exempt activities which are set out in paragraphs 27, 32, 33, 35, 37, 38, 39, 41, 42 or 43 of Part I of Schedule 2.
Registration in connection with exempt activities
18.
- (1) It shall be an offence for an establishment or undertaking to carry on, after 19th June 2004, an exempt activity without being registered with the Department.
(2) Subject to paragraph (3), the register maintained under Article 34(1) of the 1997 Order shall contain the following particulars in relation to each such establishment or undertaking which carries on an exempt activity -
(3) Subject to paragraphs (4) and (5), the Department shall enter the particulars referred to in paragraph (2) in the register in relation to an establishment or undertaking if it receives notice of them in writing and -
(c) that notice contains the correct 6 figure Ordnance Survey Irish grid reference showing the location of each place referred to in sub-paragraph (b);
(d) that notice is accompanied by a payment of any fee in respect of each place where any such exempt activity is being carried on; and
(e) the registration has not been refused under regulation 20.
(4) Paragraph 3(b) and (c) shall not apply to the exempt activities set out in paragraphs 8 and 31 of Part I of Schedule 2.
(5) In the case of exempt activities set out in paragraph 8, 9, 10, 11, 13, 19, or 45 of Part I of Schedule 2, any additional information specified in Part II of that Schedule shall be entered in the register.
(6) Subject to paragraph (7), the information to be notified to the Department shall be given in writing no later than 28 days before any exempt activity is carried out on the relevant land.
(7) In the case of an exempt activity set out in paragraph 47 of Part I of Schedule 2, the necessary information shall be notified to the Department as soon as is practicable.
(8) Subject to paragraph (9), the registration of an exempt activity shall cease to have effect on the expiry of the period of 3 years beginning with and including the date of the registration or the date of renewal under paragraph (11).
(9) In the case of exempt activities set out in paragraphs 9, 10, 11, 13, 19, 45, 46 and 47 of Part I of Schedule 2, paragraph (8) shall have effect as if for "3 years" there is substituted "1 year".
(10) The Department shall, no later than 2 months before the expiry of the periods mentioned in paragraphs (8) and (9), serve on a registered establishment or undertaking a notice specifying -
(11) The Department shall renew the particulars registered in respect of an exempt activity at the date of expiry of the previous registration relating to such activity ("the expiry date") if no later than 28 days before the expiry date the establishment or undertaking carrying on such activity -
(12) Subject to regulation 19(2), for the purposes of paragraph (3), the Department shall charge an applicant in respect of its consideration of his application -
(13) On entering the particulars referred to in paragraph (2) in the register referred to in paragraph (2) the Department shall issue to the establishment or undertaking to whom the particulars relate, a notice confirming that such particulars have been so registered and giving the date of entry of such particulars on the register.
(14) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Registration obligations
19.
- (1) Subject to paragraph (2), in the case of an exempt activity set out in the first column of Part II of Schedule 2, the relevant obligations set out in the second column of that Schedule ("the registration obligations") shall apply to the registration of that activity.
(2) The Department may notify an establishment or undertaking in writing that some or all of the information required by regulation 18 does not need to be included with any notification under that regulation.
(3) Without prejudice to any requirement to keep records under paragraph 14 of Part I of Schedule 3, an establishment or undertaking carrying out an exempt activity to which this regulation applies, shall keep copies of the plans and documents specified in Part II of Schedule 2 for a period of at least 2 years.
Refusal, revocation and cessation of registration
20.
- (1) The Department may refuse to register an exempt activity in the event that the activity or, as the case may be, the content of the notification under regulation 18 does not comply with any requirements of regulations 17(4), 18(2) and 18(3) or any conditions or limitations set out in respect of the exempt activity in regulation 19(1) and 19(2) and in Parts I and II of Schedule 2.
(2) Where the Department has refused to register an activity under paragraph (1), it shall serve a notice on the establishment or undertaking stating that the registration has been refused and giving the reasons for its decision.
(3) Unless the Department has within the period of 28 days from the date on which it received a notice under regulation 18(3), either -
those particulars shall be entered in the register at the end of that 28 day period.
(4) If an establishment or undertaking fails to supply all of the information required under regulations 18 and 19, the 28-day period referred to in paragraph (3) shall commence on the date on which the Department receives all of that information.
(5) Subject to paragraphs (6) and (7), the Department may revoke the registration of an exempt activity where it is satisfied that -
(6) Before revoking a registration, the Department shall serve on the establishment or undertaking carrying out the exempt activity, a notice ("a revocation notice") stating that the registration is to be revoked and giving reasons for the decision.
(7) The revocation notice shall specify a date on which the revocation is to take place, which shall be at least 28 days after the date on which the notice is served.
(8) Subject to paragraph (9), details of registrations which have expired or which have been revoked under paragraph (5) shall remain on the register for a period of 4 years from the date of expiry or revocation.
(9) An entry retained on the register under paragraph (8) shall be appropriately marked to show that it has expired or been revoked.
(10) Nothing in this regulation shall prejudice the effect of the registration of the establishment or undertaking in respect of the period ending on the date on which the relevant entry is revoked or otherwise cancelled.
Waste Framework Directive
21.
Schedule 3 (which implements certain provisions of the Directive) shall have effect.
Registration of brokers
22.
- (1) Subject to paragraphs (2) to (4), it shall be an offence for an establishment or undertaking after 19 August 2004 to arrange (as dealer or broker) for the disposal or recovery of controlled waste on behalf of another person unless it is a registered broker of controlled waste.
(2) Paragraph (1) shall not apply in relation to an arrangement under which an establishment or undertaking will itself carry out the disposal or recovery of the waste and either -
(3) Paragraph (1) shall not apply in relation to an arrangement for the disposal or recovery of controlled waste made by a person who is registered as a carrier of controlled waste, or who is registered for the purposes of paragraph 12(1) of Part I of Schedule 3, if as part of the arrangement he transports the waste to or from any place in Northern Ireland.
(4) Paragraph (1) shall not apply to -
(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) Article 78 of the 1997 Order shall apply in relation to an offence under this regulation as it applies in relation to an offence under that Order.
(7) Schedule 4 (which makes provision for the registration of brokers of controlled waste) shall have effect.
(8) Articles 44(1) and (2) and 72 of the 1997 Order (power to obtain information and powers of enforcing authorities) shall have effect as if the provisions of this regulation and Schedule 4 were provisions of Part II of that Order.
Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995
23.
- (1) The Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995 shall be amended as follows.
(2) In Article 3, before "A licence is not needed", there shall be inserted "Subject to Article 4,".
(3) After Article 3, there shall be added the following Articles -
(b) the type and quantity of waste involved, and the method of disposal or recovery, are consistent with the need to attain the objective of ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without -
(2) In this Article and in Article 5, "disposal" and "recovery" have the meaning given by regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003.
Registration of establishments and undertakings carrying on exempt operations
5.
- (1) It shall be an offence for an establishment or undertaking to carry on, after 19th June 2004, an exempt activity without being registered with the Department.
(2) It shall be the duty of the Department to establish and maintain a register for the purposes of paragraph (1) of establishments and undertakings carrying on exempt activities.
(3) The register shall contain the following particulars in relation to each such establishment or undertaking -
(4) The Department shall enter those particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing.
(5) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) The Department shall secure that any register maintained under this Article is available, at all reasonable times, for inspection by the public free of charge and shall afford to members of the public, facilities for obtaining copies of entries, on payment of reasonable charges.
(7) Registers under this Article may be kept in any form.
(8) In this Article, "exempt activity" means any operation specified in the Schedule involving the disposal or recovery of waste to which Article 3 applies.".
Amendment of the Special Waste Regulations (Northern Ireland) 1998
24.
- (1) The Special Waste Regulations (Northern Ireland) 1998[60] shall be amended as follows.
(2) In regulation 1(4) the following definitions shall be inserted at the appropriate places -
(3) In regulation 14 (registers), for paragraphs (5), (6) and (7) there shall be substituted the following -
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
25.
- (1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[61] shall be amended as follows.
(2) In regulation 1(2), the following definitions shall be inserted at the appropriate place -
(3) For regulation 2(1)(d) there shall be substituted -
(4) For regulation 2(1)(j), there shall be substituted -
(5) After regulation 2(1), there shall be inserted -
(1B) For the purpose of paragraph (1A), the reference to feeding waste to animals shall be taken to include a reference to feeding such waste to maggots.".
(6) In regulation 2(2) -
(7) After regulation 4(6), there shall be inserted the following paragraphs -
(8) For regulation 4(7), there shall be substituted -
(9) For regulation 4(8), there shall be substituted -
and the applicant shall pay the charge when he makes his application.".
(10) After regulation 4(10) there shall be inserted -
End of Life Vehicles Directive
26.
- (1) Schedule 5 (which implements certain provisions of the End of Life Vehicles Directive) shall have effect.
(2) A waste management licence or a disposal licence for the storage or treatment of end of life vehicles shall be granted on terms and subject to conditions that meet the requirements of Schedule 5 and, where necessary, the Department shall issue or vary the conditions of a licence to require that the conditions of Schedule 5 apply to the storage or treatment of any waste motor vehicle of any type or description or to end of life vehicles in accordance with the provisions of the End of Life Vehicles Directive and its measures to protect the environment and prevent harm to human health.
(3) A waste management licence shall not be granted to an applicant for a waste management licence that includes the storage and treatment of end of life vehicles unless the Department is satisfied that the applicant will become the person having control over the storage and treatment of those vehicles in the event of a licence being granted and that the applicant will ensure that any treatment will comply with conditions attached to the licence including the requirements of Schedule 5.
(4) Any establishment or undertaking carrying on the treatment of end of life vehicles in accordance with a waste management licence or a disposal licence and the requirements of Schedule 5 shall be referred to as an authorised treatment facility.
Revocations
27.
- (1) The Waste Collection and Disposal Regulations (Northern Ireland) 1992[62] in so far as not already revoked are hereby revoked.
(2) The Waste Collection and Disposal (Amendment) Regulations (Northern Ireland) 1997[63] are hereby revoked.
Sealed with the Official Seal of the Department of the Environment on
28th November 2003.
L.S.
Judena Goldring
A Senior Officer of the Department of the Environment
Number | Type of Facility | Certificate Code |
1 | Landfill site for hazardous waste | A, D, or G |
2 | Landfill site for hazardous waste - single waste stream | A, D, G or H |
3 | Landfill site for non-hazardous waste | A, B, D, E, G or I |
4 | Landfill site for non-hazardous waste - single waste stream | A, B, D, E, G, H, I or J |
5 | Landfill site for inert waste with a total capacity of greater than 50,000 cubic metres | A, B, C, D, E, F, G, I or K |
6 | Landfill site for inert waste with a total capacity of greater than 50,000 cubic metres - single waste stream | A, B, C, D, E, F, G, H, I, J, K or L |
7 | Closed landfill site for hazardous waste | A, D, G or M |
8 | Closed landfill site for hazardous waste - single waste stream | A, D, G, H or M |
9 | Closed landfill site for non-hazardous waste | A, B, D, E, G, I or M |
10 | Closed landfill site for non-hazardous waste - single waste stream | A, B, D, E, G, H, I, J or M |
11 | Closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metres | A, B, C, D, E, F, G, I, K or M |
12 | Closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metres - single waste stream | A, B, C, D, E, F, G, H, I, J, K, L or M |
13 | Treatment plant where hazardous waste is subjected to a chemical or physical process | N, P or S |
14 | Treatment plant where hazardous clinical waste is subjected to a physical or chemical process | N, P, S or Ss |
15 | Treatment plant where hazardous waste is subjected to a chemical or physical process for the treatment of contaminated land | N, P, S or T |
16 | Treatment plant where non-hazardous waste is subjected to a chemical or physical process | N, P, Q, S or U |
17 | Treatment plant where non-hazardous waste is subjected to a composting process | N, P, Q, S, U or W |
18 | Treatment plant where non-hazardous waste is subjected to a chemical or physical process for the treatment of contaminated land | N, P, Q, S, T, U or V |
19 | Treatment plant where non-hazardous clinical waste is subjected to a chemical or physical process | N, P, S, Ss or X |
20 | Treatment plant where inert waste is subjected to a chemical or physical process | N, O, P, Q, R, S, U or Y |
21 | Transfer station for hazardous waste where the capacity of the facility is greater than 5 cubic metres | Z, DD or II |
22 | Transfer station for hazardous clinical waste where the capacity of the facility is greater than 5 cubic metres | Z, DD, II or JJ |
23 | Transfer station for non-hazardous waste where the capacity of the facility is greater than 5 cubic metres | Z, DD, EE, II or KK |
24 | Transfer station for non-hazardous clinical waste where the capacity of the facility is greater than 5 cubic metres | Z, DD, II, JJ or LL |
25 | Transfer station for inert waste where the capacity is greater than 50 cubic metres | Z, AA, DD, EE, FF, II, KK or MM |
26 | Civic amenity site where the amount of waste accepted is 5000 tonnes per annum or less | Z, BB, DD, EE, GG, II, KK or NN |
27 | Civic amenity site where the amount of waste accepted is greater than 5000 tonnes per annum | Z, DD, EE, II or KK |
28 | Site where waste is burned in an incinerator designed to incinerate waste at a rate of more than 50 kilograms per hour but less than 1 tonne per hour | CC, HH or OO |
Code | Relevant Certificate of Technical Competence |
A | Managing Landfill Operations: Special Waste (Level IV) |
B | Managing Landfill Operations: Biodegradable Waste (Level IV) |
C | Landfill Operations: Inert Waste (Level III) |
D | Managing Landfill Operations: Special Waste (Level 4) |
E | Managing Landfill Operations: Biodegradable Waste (Level 4) |
F | Landfill Operations: Inert Waste (Level 3) |
G | Level 4 in Waste Management Operations - Managing Landfill Hazardous Waste |
H | Level 4 in Waste Management Operations - Managing Landfill Hazardous Waste (Single Waste Stream) |
I | Level 4 in Waste Management Operations - Managing Landfill Non-Hazardous Waste |
J | Level 4 in Waste Management Operations - Managing Landfill Non-Hazardous Waste (Single Waste Stream) |
K | Level 3 in Waste Management Operations - Inert Waste (landfill) |
L | Level 3 in Waste Management Operations - Inert Waste (Single Waste Stream) |
M | Level 3 in Waste Management Operations - Closed Landfill |
N | Managing Treatment Operations: Special Waste (Level IV) |
O | Treatment Operations: Inert Waste (Level III) |
P | Managing Treatment Operations: Clinical or Special Waste (Level 4) |
Q | Managing Treatment Operations: Biodegradable Waste (Level 4) |
R | Treatment Operations: Inert Waste (Level 3) |
S | Level 4 in Waste Management Operations - Managing Treatment Hazardous Waste |
Ss | Level 4 in Waste Management Operations - Managing Treatment Hazardous Waste (Clinical) |
T | Level 4 in Waste Management Operations - Managing Treatment Hazardous Waste (Remediation of Contaminated Land) |
U | Level 4 in Waste Management Operations - Managing Treatment Non-Hazardous Waste |
V | Level 4 in Waste Management Operations - Managing Treatment Non-Hazardous Waste (Remediation of Contaminated Land) |
W | Level 4 in Waste Management Operations - Managing Treatment Non-Hazardous Waste (Composting) |
X | Level 4 in Waste Management Operations - Managing Treatment Non-Hazardous Waste (Clinical) |
Y | Level 3 in Waste Management Operations - Inert Waste (Treatment) |
Z | Managing Transfer Operations: Special Waste (Level IV) |
AA | Transfer Operations: Inert Waste (Level III) |
BB | Civic Amenity Site Operations (Level III) |
CC | Managing Incineration Operations: Special Waste (Level IV) |
DD | Managing Transfer Operations: Clinical or Special Waste (Level 4) |
EE | Managing Transfer Operations: Biodegradable Waste (Level 4) |
FF | Transfer Operations: Inert Waste (Level 3) |
GG | Civic Amenity Site Operations (Level 3) |
HH | Managing Incinerator Operations: Special Waste (Level 4) |
II | Level 4 in Waste Management Operations: Managing Transfer Hazardous Waste |
JJ | Level 4 in Waste Management Operations: Managing Transfer Hazardous Waste (Clinical) |
KK | Level 4 in Waste Management Operations: Managing Transfer Non-Hazardous Waste |
LL | Level 4 in Waste Management Operations: Managing Transfer Non-Hazardous Waste (Clinical) |
MM | Level 3 in Waste Management Operations: Inert Waste (Transfer) |
NN | Level 3 in Waste Management Operations: Civic Amenity Site |
OO | Level 4 in Waste Management Operations: Managing Incineration |
and in this definition, "medicinal product" means a product as defined in section 130 of the Medicines Act 1968[66] (meaning of "medicinal product" and related expressions) of a description, or falling within a class, specified in an order under section 58 of that Act[67] (medicinal products on prescription only);
but excluding -
to the extent that it is or forms part of a process within Part B or Part C of any section of Schedule 1 to the 1998 Regulations or an activity within Part B or Part C of any section of Part I of Schedule 1 to the 2003 Regulations;
(b) the secure storage on the premises where the waste is to be burnt of any wastes mentioned in sub-paragraph (a), other than waste oil, which are intended to be burned as mentioned in that sub-paragraph;
(c) the secure storage of waste oil at the place where it is to be burnt for a period not exceeding twelve months if the waste oil is intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (a);
(d) burning as a fuel, under an authorisation granted under the Industrial Pollution Control Order or a permit under the 2003 Regulations, of tyres to the extent that it is or forms part of a process within Part C of Section 1.3 of Schedule 1 to the 1998 Regulations or an activity within Part C of Section 1.1 of Part I of Schedule 1 to the 2003 Regulations;
(e) the shredding of tyres at the place where they are to be burnt if they are intended to be burned as mentioned in sub-paragraph (d);
(f) the storage in a secure place on the premises where the waste is to be burnt of tyres where -
6.
- (1) The cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.
(2) The storage of waste in connection with the carrying on of any activities described in sub-paragraph (1) if that storage is at the place where the activity is carried on unless -
7.
- (1) Burning waste as a fuel in an appliance if the appliance has a net rated thermal input of less than 0.4 megawatts or, where the appliance is used together with (whether or not it is operated simultaneously with) other appliances, the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.
(2) The secure storage on the premises where the burning is to take place of waste intended to be submitted to such burning.
(3) In this paragraph, "net rated thermal input", means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.
8.
- (1) Burning waste oil as a fuel in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel if the total amount burned of such waste does not exceed 2,500 litres an hour in any one engine.
(2) The storage, in a secure container, of waste oil intended to be so burned.
9.
- (1) Subject to sub-paragraph (3) and any limitation set down in Column 3 of Table 3, the treatment of waste -
where the land in question is not used for agriculture and such treatment results in ecological improvement.
(2) The storage, in a secure container, lagoon or place, at the place where it is to be treated, of not more than 1000 cubic metres of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1), provided that the waste is not stored at a distance less than -
(3) Sub-paragraphs (1) and (2) apply only if -
(4) In this paragraph and paragraph 10, "agriculture" has the same meaning as in section 43 of the Agriculture Act (Northern Ireland) 1949[68] and for the purposes of this paragraph, waste is subject to treatment only when it is spread on land or is injected or otherwise introduced into the surface of that land.
Table 3
EWC Code
Types of waste
Limitation
PART I
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03
plant-tissue waste
Wastes from sugar processing (02 04)
02 04 01
soil from cleaning and washing beet
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01
waste bark and cork
03 01 05
Sawdust, shavings, cuttings, wood, particle board or veneer other than those mentioned in 03 01 04
Except whole wood, particle board and plastic veneer
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01
waste bark and wood
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04
soil and stones other than those mentioned in 17 05 03
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03
off-specification compost
consisting only of biodegradable waste
Garden and park wastes (including cemetery waste) (20 02)
20 02 01
biodegradable waste
20 02 02
soil and stones
PART II
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99
Waste not otherwise specified
Straw, wood or paper - based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets only
Wastes from the preparation and processing of meat, fish and other foods of animal origin (02 02)
02 02 03
Materials unsuitable for consumption or processing
Blood and gut contents from abattoirs or poultry preparation plants only
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production; molasses preparation and fermentation (02 03)
02 03 01 to 02 03 05
All types within 02 03 01 to 02 03 05
Wastes from sugar processing (02 04)
02 04 01 to 02 04 03
All types within 02 04 01 to 02 04 03
Wastes from the dairy products industry (02 05)
02 05 01 to 02 05 02
All types within 02 05 01 to 02 05 02
Wastes from the baking and confectionery industry (02 06)
02 06 01 to 02 06 03
All types within 02 06 01 to 02 06 03
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) (02 07)
02 07 01 to 02 07 05
All types within 02 07 01 to 02 07 05
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05
De-inking sludges from paper recycling
03 03 09
lime mud waste
03 03 99
Waste not elsewhere specified
De-inked paper pulp from paper recycling
Wastes from the leather and fur industry (04 01)
04 01 07
sludges, in particular from on-site effluent treatment free of chromium
Wastes from the textile industry (04 02)
04 02 10
organic matter from natural products (for example grease, wax)
04 02 15
Wastes from finishing other than those mentioned in 04 02 14
04 02 20
sludges from on-site effluent treatment other than those mentioned in 04 02 19
04 02 21
Wastes from unprocessed textile fibres
04 02 22
Wastes from processed textile fibres
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 04
Wastes from calcination and hydration of lime
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06
dredging spoil other than those mentioned in 17 05 05
Wastes from anaerobic treatment of waste (19 06)
19 06 03
liquor from anaerobic treatment of municipal waste
19 06 04
digestate from anaerobic treatment of municipal waste
19 06 05
liquor from anaerobic treatment of animal and vegetable waste
19 06 06
digestate from anaerobic treatment of animal and vegetable waste
Wastes from the preparation of water intended for human consumption or for industrial use (19 09)
19 09 02
Sludges from water clarification
10.
- (1) The spreading of sludge on land which is not agricultural land within the meaning of the 1990 Regulations[69] if -
(a) it results in ecological improvement or in the case of spreading on land used for non-food crops not grown in short term rotation with food crops, it results in benefit to agriculture; and
(b) it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1990 Regulations to exceed the limit specified in column 2 of the table.
(2) Subject to sub-paragraph (3), the storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) on land -
(3) Sub-paragraph (2) applies only if the following conditions are satisfied -
(c) no sludge shall be stored for a period of more than six months.
(4) In this paragraph -
(5) In this paragraph, and in paragraph 11, "sludge" has the meaning given by regulation 2(1) of the 1990 Regulations and "spreading" shall include the injection of sludge into the surface of the land.
11.
- (1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 4, the spreading of any of the wastes -
(2) The secure storage, for a period not exceeding six months at the place where it is to be spread, of waste intended to be spread in reliance upon sub-paragraph (1)(a) or (b).
(3) Sub-paragraphs (1) and (2) apply only where -
EWC Code | Types of waste | Limitation |
PART I | ||
Wastes from physical and chemical processing of non-metalliferous minerals (01 04) | ||
01 04 08 | waste gravel and crushed rocks other than those mentioned in 01 04 07 | |
01 04 09 | waste sand and clays | |
wastes from sugar processing (02 04) | ||
02 04 01 | soil from cleaning and washing beet | |
Wastes from power stations and other combustion plants (except 19) (10 01) | ||
10 01 01 | bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04) | Bottom ash and slag only |
Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12) | ||
10 12 08 | waste ceramics, bricks, tiles and construction products (after thermal processing) | |
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13) | ||
10 13 14 | waste concrete and concrete sludge | |
Construction and demolition wastes (including excavated soil from contaminated sites) comprising concrete, bricks, tiles and ceramics (17 01) | ||
17 01 01 | Concrete | |
17 01 02 | Bricks | |
17 01 03 | tiles and ceramics | |
17 01 07 | mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 | |
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05) | ||
17 05 08 | Track ballast other than that mentioned in 17 05 07 | |
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12) | ||
19 12 09 | minerals (for example sand, stones) | |
Wastes from soil and groundwater remediation (19 13) | ||
19 13 02 | Solid wastes from soil remediation other than those mentioned in 19 13 01 | |
Garden and park wastes (including cemetery waste) (20 02) | ||
20 02 02 | soil and stones | |
PART II | ||
Wastes from pulp, paper and cardboard production and processing (03 03) | ||
03 03 05 | de-inking sludges from paper recycling | |
03 03 07 | Mechanically separated rejects from pulping of waste paper and cardboard | |
03 03 09 | lime mud waste | |
03 03 99 | Wastes not otherwise specified | De-inked paper pulp only |
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05) | ||
17 05 04 | soil and stones other than those mentioned in 17 05 03 | |
17 05 06 | Dredging spoil other than that mentioned in 17 05 05 | |
Wastes from aerobic treatment of solid wastes (19 05) | ||
19 05 03 | Off-specification compost | biodegradable waste only |
Wastes from waste water treatment plants not otherwise specified (19 08) | ||
19 08 05 | sludges from treatment of urban waste water | |
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09) | ||
19 09 02 | sludges from water clarification | |
Wastes from soil and groundwater remediation (19 13) | ||
19 13 04 | Sludges from soil remediation other than those mentioned in 19 13 03 |
12.
Carrying on at any place, in respect of a kind of waste listed in Table 5, any of the activities specified in that Table in relation to that kind of waste where -
Kind of waste | Activities | Limit (tonnes per week) |
Waste paper or cardboard | Baling, sorting or shredding | 3,000 |
Waste textiles | Baling, sorting or shredding | 100 |
Waste plastic | Baling, sorting, shredding, densifying or washing | 100 |
Waste glass | Sorting, crushing or washing | 1,000 |
Waste steel cans, aluminium cans or aluminium foil | Sorting, crushing, pulverising, shredding, compacting or baling | 100 |
Waste food or drink cartons | Sorting, crushing, pulverising, shredding, compacting or baling | 100 |
13.
- (1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 6 -
(2) The total quantity of waste treated or stored under sub-paragraph (1) at any one time shall not exceed 200 tonnes.
(3) The secure storage of biodegradable waste which is to be composted in reliance upon sub-paragraph (1) at a place other than the place where such composting is or is to be carried on where -
(4) For the purposes of this paragraph, "composting" means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic or anaerobic and results in a stable sanitised material that can be applied to land for the benefit of agriculture or ecological improvement.
Table 6
EWC Code
Types of waste
Limitation
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03
Plant-tissue waste
02 01 06
Animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site
02 01 07
Waste from forestry
02 01 99
Waste not otherwise specified
Animal faeces, urine spoiled straw or manure not referred to in 02 01 06
02 01 99
Waste not otherwise specified
Sludge from washing buildings or yards used for keeping livestock
02 01 99
Waste not otherwise specified
Straw, wood or paper-based bedding waste
02 01 99
Waste not otherwise specified
slurry or dirty water from stables or livestock markets
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation (02 03)
02 03 01
Sludges from washing, cleaning, peeling, centrifuging and separation
02 03 05
Sludges from on-site effluent treatment
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01
Waste bark and cork
03 01 05
Shaving, cuttings, spoiled timber, particle board and veneer other than those mentioned in 03 01 04
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01
Waste bark and wood
Wastes from the textile industry (04 02)
04 02 10
Organic matter from natural products (for example grease, wax)
Packaging (including separately collected municipal packaging waste) (15 01)
15 01 01
Paper and cardboard packaging
15 01 03
Wooden packaging
15 01 09
Textile packaging
Wood, glass and plastic (17 02)
17 02 01
Wood
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04
Soil and stones other than those mentioned in 17 05 03
17 05 06
Dredging spoil other than that mentioned in 17 05 05
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03
Off-specification compost
To consist only of biodegradable waste
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 12
Sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11
19 08 05
Sludges from other treatment of urban waste water
19 08 14
Sludges from other treatment of industrial waste water other than those mentioned in 19 08 13
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 01
Solid waste from primary filtration and screenings
19 09 02
Sludges from water clarification
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 01
Paper and cardboard
separately collected fractions of municipal waste( except 15 01 - packaging including separately collected municipal packaging waste) (20 01)
20 01 01
Paper and cardboard
20 01 08
Biodegradable kitchen and canteen waste
20 01 10
Clothes
Biodegradable materials only
20 01 11
Textiles
Biodegradable materials only
20 01 38
Wood other than that mentioned in 20 01 37
Garden and park wastes (including cemetery waste) (20 02)
20 02 01
Biodegradable waste
other municipal wastes (20 03)
20 03 02
Waste from markets
20 03 03
Street-cleaning residues
20 03 99
Municipal wastes not otherwise specified
slurry or dirty water from stables, zoos or animal parks
14.
- (1) The manufacture from -
(a) waste which arises from demolition or construction work or tunnelling or other excavations; or
(b) waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw, gypsum,
of timber products, straw board, plasterboard, bricks, blocks, roadstone or aggregate.
(2) The manufacture of soil or soil substitutes from any of the wastes listed in sub-paragraph (1) if -
(3) The treatment of waste soil or rock which, when treated, is to be spread on land under paragraph 9 or 11, if -
(4) The storage of waste which is to be submitted to any of the activities mentioned in sub-paragraphs (1) to (3) if -
15.
- (1) The manufacture of finished goods from any of the following kinds of waste, namely, waste metal, plastic, glass, ceramics, rubber, textiles, wood, paper or cardboard.
(2) The storage of any such waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) if
16.
- (1) The beneficial use of waste if -
(2) The storage of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) at the site where the waste is to be used insofar as that storage does not amount to disposal of the waste.
(3) This paragraph does not apply to the use or storage of waste if that activity is covered by an exemption conferred by paragraph 9, 10, 11, 19 or 25, or would be so covered but for any condition or limitation to which that exemption is subject by virtue of any provision contained in the paragraph by which that exemption is conferred.
17.
- (1) The storage in a secure place on any premises of waste of a kind described in Table 7 if -
(c) each kind of waste listed in the Table stored on the premises is kept separately; and
(d) no waste is stored on the premises for longer than twelve months.
Table 7
Kind of waste
Maximum total quantity
Waste paper or cardboard
15,000 tonnes
Waste textiles
1,000 tonnes
Waste plastics
500 tonnes
Waste glass
5,000 tonnes
Waste steel cans, aluminium cans or aluminium foil
500 tonnes
Waste food or drink cartons
500 tonnes
Waste articles which are to be used for construction work which are capable of being so used in their existing state
100 tonnes
Solvents
5 cubic metres
Refrigerants and halons
18 tonnes
Tyres
250 tyres
Waste mammalian protein
100 tonnes
Waste mammalian tallow
100 tonnes
(2) In this paragraph, "refrigerants" means dichlorodifluoromethane, chlorotrifluoromethane, dichlorotetrafluoroethane, chloropentafluoroethane, bromotrifluoromethane, chlorodifluoromethane, chlorotetrafluoroethane, trifluoromethane, difluoromethane, pentafluoroethane, tetrafluoroethane, chlorodifluoroethane, difluoroethane, trichlorofluoromethane, trichlorotrifluoroethane, dichlorotrifluoroethane, dichlorofluoroethane and mixtures containing any of those substances.
(3) In this paragraph "mammalian protein" means proteinaceous material and "mammalian tallow" means fat, which in each case is derived from the whole or part of any dead mammal by a process of crushing, cooking or grinding.
18.
- (1) The storage on any premises in a secure container or containers of waste of a kind described in sub-paragraph (2) if -
(e) each kind of waste described in sub-paragraph (2) stored on the premises is kept separately;
(f) no waste is stored on the premises for longer than twelve months; and
(g) the person storing the waste is the owner of the container or has the consent of the owner.
(2) Sub-paragraph (1) applies to the following kinds of waste -
19.
- (1) Subject to the following provisions of this paragraph and any limitations set down in Table 8, the use of any of the wastes identified by EWC Code in Column 1 of Table 8 and referred to in Column 2 of that Table for the purposes of relevant work if -
(2) Subject to the following provisions of this paragraph and any limitations set down in Table 8, the storage on a site where relevant work is taking place or is to take place, of any of the wastes listed in Table 8, if -
(3) The storage of waste consisting of road planings and roadbase which are to be used for the purposes of relevant work carried on elsewhere if -
(4) In this paragraph, "relevant work" means work for the purposes of the construction, maintenance or improvement of -
but does not include any work involving land reclamation.
Table 8
EWC Code
Types of waste
Limitation
Wastes from physical and chemical processing of non-metalliferous minerals (01 04)
01 04 08
waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09
waste sand and clays
wastes from sugar processing (02 04)
02 04 01
soil from cleaning and washing beet
wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) (10 01)
10 01 01
bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04)
Not oil fly ash
wastes from the iron and steel industry (10 02)
10 02 02
unprocessed slag
wastes from casting of ferrous pieces (10 09)
10 09 03
furnace slag
wastes from casting of non-ferrous pieces (10 10)
10 10 03
furnace slag
Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12)
10 12 08
Waste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 14
waste concrete and concrete sludge
Construction and demolition wastes (including excavated soil from contaminated sites) comprising concrete, bricks, tiles and ceramics (17 01)
17 01 01
Concrete
17 01 02
Bricks
17 01 03
tiles and ceramics
17 01 07
Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
Bituminous mixtures, coal tar and tarred products (17 03)
17 03 02
Bituminous mixtures other than those mentioned in 17 03 01
Road base and road planings only
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04
soil and stones
17 05 08
Track ballast other than that mentioned in 17 05 07
wastes from incineration or pyrolysis of waste (19 01)
19 01 12
bottom ash and slag other than those mentioned in 19 01 11
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 09
Minerals (for example sand, stones)
Waste from soil and groundwater remediation (19 13)
19 13 02
solid wastes from soil remediation other than those mentioned in 19 13 01
garden and park wastes (including cemetery waste) (20 02)
20 02 02
soil and stones
20.
- (1) Laundering or otherwise cleaning waste textiles with a view to their recovery or reuse.
(2) The storage of waste textiles at the place where they are to be so laundered or cleaned.
21.
- (1) Chipping, shredding, cutting or pulverising waste plant matter (including wood or bark), or sorting and baling sawdust or wood shavings, on any premises if -
(a) those activities are carried on for the purposes of recovery or reuse; and
(b) no more than 1,000 tonnes of such waste are dealt with on those premises in any period of seven days.
(2) The storage of waste in connection with any activity mentioned in sub-paragraph (1) at the premises where it is carried on if the total amount of waste stored at those premises does not at any time exceed 1,000 tonnes.
22.
- (1) The recovery, at any premises, of silver from waste produced in connection with printing or photographic processing if no more than 50,000 litres of such waste are dealt with on those premises in any day.
(2) The storage, at those premises, of waste which is to be submitted to such a recovery operation as is mentioned in sub-paragraph (1).
23.
- (1) Subject to sub-paragraph (2), the keeping or treatment of animal by-products in accordance with the Community Regulation.
(2) Sub-paragraph (1) shall not apply to the keeping or treatment of animal by-products -
(3) For the purposes of this paragraph, the reference to feeding waste to animals shall be taken to include a reference to feeding such waste to maggots; "catering waste", "incineration" and "co-incineration" shall have the meaning set down in Annex I to the Community Regulation; "former foodstuffs" are those animal by-products referred to in Article 6(1)(f) of the Community Regulation and "mammalian protein" and " mammalian tallow" have the same meaning as in paragraph 17(3).
24.
- (1) Crushing, grinding or other size reduction of waste bricks, tiles or concrete, under an authorisation granted under the Industrial Pollution Control Order, to the extent that it is or forms part of a process within paragraph (b) of Part C of section 3.4 (other mineral processes) of Schedule 1 to the 1998 Regulations or under a permit under the 2003 Regulations, to the extent that it is or forms part of an activity within paragraph (a) of Part B of section 3.5 (other mineral activities) of Part I of Schedule 1 to the 2003 Regulations.
(2) Where any such crushing, grinding or other size reduction is carried on otherwise than at the place where the waste is produced, the exemption conferred by sub-paragraph (1) only applies if those activities are carried on with a view to recovery or reuse of the waste.
(3) The storage, at the place where the process is carried on, of any such waste which is intended to be so crushed, ground or otherwise reduced in size, if the total quantity of such waste so stored at that place at any one time does not exceed 20,000 tonnes.
25.
- (1) Subject to sub-paragraphs (2) to (4), the deposit of waste arising from dredging inland waters, or from clearing plant matter from inland waters, if either -
(2) The total amount of waste deposited along the bank or towpath under sub-paragraph (1) on any day must not exceed 50 tonnes for each metre of the bank or towpath along which it is deposited.
(3) Sub-paragraph (1) does not apply to waste deposited in a container or lagoon.
(4) Sub-paragraph (1)(a) only applies to an establishment or undertaking where the waste deposited is the establishment or undertaking's own waste.
(5) The treatment by screening or dewatering of such waste as is mentioned in sub-paragraph (1) -
26.
- (1) The recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it.
(2) The storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.
(3) Sub-paragraph (1) does not apply to the final disposal of waste by deposit in or on land.
27.
- (1) Baling, compacting, crushing, shredding or pulverising waste at the place where it is produced.
(2) The temporary storage, at the place where it is produced, of waste which is to be submitted to any of those operations.
28.
The storage of returned goods that are waste, pending recovery or disposal, for a period not exceeding one month, by their manufacturer, distributor or retailer.
29.
- (1) The disposal of waste at the place where it is produced, by the person producing it, by burning it in an incinerator which is an exempt incinerator for the purposes of section 5.1 (incineration) of Schedule 1 to the 1998 Regulations or an exempt incineration plant for the purposes of section 5.1 of Part I of Schedule 1 to the 2003 Regulations.
(2) The secure storage at that place of any such waste intended to be submitted to such burning.
30.
- (1) Subject to sub-paragraph (2), burning waste on land in the open if -
(2) Sub-paragraph (1) only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking's own waste.
(3) The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub-paragraph (1).
31.
The discharge of waste onto the track of a railway from a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on the railway if the discharge in question does not exceed 25 litres.
32.
The burial on premises of waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle if the total amount buried in any period of twelve months does not exceed 5 cubic metres.
33.
- (1) The keeping or deposit of waste consisting of excavated materials arising from peatworking at the place where that activity takes place.
(2) Sub-paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste.
34.
- (1) The keeping or deposit on land at the place where it is produced of spent ballast if the land is operational land of a railway, light railway or tramway and the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives.
(2) Sub-paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking's own waste.
35.
- (1) The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if -
(2) Sub-paragraph (1) only applies if -
(3) Expressions used in this paragraph which are also used in the Planning (General Development) Order (Northern Ireland) 1993 shall have the same meaning as in that Order.
36.
- (1) The temporary storage of waste consisting of garbage, at waste reception facilities subject to and in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003[72], where such storage is incidental to the collection or transport of the waste and so long as -
(2) The temporary storage of waste consisting of tank washings, at waste reception facilities subject to and in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003, where such storage is incidental to the collection or transport of the waste and so long as -
(3) In this paragraph -
37.
- (1) Subject to sub-paragraph (2), the burial of a dead domestic pet in the garden of domestic property where the pet lived.
(2) Sub-paragraph (1) does not apply if -
38.
The deposit or storage of samples of waste which are being or are to be subjected to testing and analysis if the samples are taken -
(f) for the purposes of research.
39.
- (1) The secure storage at a pharmacy, pending their disposal there or elsewhere, of waste medicines which have been returned to the pharmacy from households or by individuals if -
(2) The secure storage at the premises of a medical, nursing or veterinary practice of waste produced in carrying on that practice if -
40.
- (1) The storage, pending its collection or transport, of non-liquid waste at any site other than the premises where it is produced if -
(2) Sub-paragraph (1) does not apply to the storage of waste at a place used for the recovery of scrap metal or the dismantling of waste motor vehicles.
(3) The temporary storage, pending their collection or transport, of scrap rails on operational land of a railway, light railway or tramway if the total quantity of that waste in any one place does not at any time exceed 10 tonnes.
41.
- (1) The temporary storage, pending its collection, of waste on the site where it is produced.
(2) Sub-paragraph (1) does not apply to the storage of waste at a place used for the recovery of scrap metal or the dismantling of waste motor vehicles.
(3) Sub-paragraph (1) shall apply to special waste if -
42.
- (1) The treatment, keeping or disposal by any person at any premises of waste consisting of scrap metal or waste motor vehicles which are to be dismantled if -
(2) The exemption conferred by sub-paragraph (1), in relation to the carrying on of an activity at any premises, shall cease to have effect in relation to the carrying on of that activity at those premises on the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, on the date on which -
43.
- (1) The treatment, keeping or disposal by any person at any premises of waste if -
(2) Subject to sub-paragraph (3), the exemption conferred by sub-paragraph (1), in relation to an activity carried on by a person at any premises, shall after 19th December 2004 cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.
(3) Where a person makes such an application as is mentioned in sub-paragraph (2), the exemption conferred by sub-paragraph (1) shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the date on which -
44.
- (1) Heating iron, steel or any ferrous-alloy, non-ferrous metal or non-ferrous metal alloy, in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, for the purpose of removing grease, oil or any other non-metallic contaminant.
(2) Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.
(3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (l), of Part A or paragraphs (a), (b), (e) or (f) of Part B or paragraphs (a), (b) or (c) of Part C of section 2.1 of Schedule 1 to the 1998 Regulations or an activity described in section 2.1 (other than in paragraph (d) of Part C) of Part I of Schedule 1 to the 2003 Regulations.
(4) In the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (j) or (k), of Part A of section 2.2 of Schedule 1 to the 1998 Regulations or an activity described in Part A of section 2.2 of Part I of Schedule 1 to the 2003 Regulations.
(5) The secure storage at the premises where the heating is to take place of waste intended to be submitted to heating to which sub-paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement.
(6) In this paragraph, "net rated thermal input" means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.
(7) In this paragraph, "ferrous alloy" means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in section 2.2 of Schedule 1 to the 1998 Regulations, or as the case may be, section 2.2 of Schedule 1 to the 2003 Regulation and "non-ferrous metal alloy" shall be construed accordingly.
45.
- (1) Subject to sub-paragraph (3), the carrying on, at any secure place used for the recovery of scrap metal or the dismantling of depolluted end of life vehicles, in respect of a kind of waste described in Table 9, of any of the activities specified in that Table in relation to that kind of waste if -
Kind of waste | Activities | 7 day limit |
Ferrous metals or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys) | Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment | 8,000 tonnes |
The following non-ferrous metals, namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys) | Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment | 400 tonnes |
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories | Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment | 300 tonnes |
Depolluted end of life vehicles and their components | Dismantling and selling depolluted components | 7 day limit not applicable - see Table 10 for maximum storage value |
(2) Subject to sub-paragraph (3), the storage, at any secure place used for the recovery of scrap metal or the dismantling of depolluted end of life vehicles, of waste of a kind listed in Table 10 if -
Kind of waste | Maximum total quantity |
Ferrous metals or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys) | 50,000 tonnes |
The following non-ferrous metals, namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys) | 1,500 tonnes |
Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories | 1,000 tonnes |
Depolluted end of life vehicles | 40 vehicles |
(3) Sub-paragraph (1) or (2) only applies to the carrying on of an activity at a place if the person responsible for the management of that place -
(b) carries out a monthly audit to confirm compliance with the terms and conditions of the exemption;
(4) The temporary storage of waste (in this sub-paragraph referred to as "the non-scrap waste"), pending its collection, at a secure place used for the recovery of scrap metal or the dismantling of waste motor vehicles if -
(c) the non-scrap waste is stored at that place for no more than 3 months;
(d) in a case where the non-scrap waste is liquid, it is stored in a secure container; and
(e) the non-scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement.
(5) In Table 9, "shearing" means the cold cutting of metal by purpose-made shears.
46.
- (1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 11 -
(2) Sub-paragraphs (1)(a) and (b) apply to only those wastes identified by EWC Code in Column 1 of Part 1 of Table 11 and referred to in Column 2 of that Table and sub-paragraphs (1)(c) and (d) apply to any of those wastes listed by EWC Code in Column 1 of Table 11 and referred to in Column 2 of that Table.
(3) The recovery and storage operation takes place on an impermeable pavement.
Table 11
EWC Code
Types of waste
Limitation
PART I
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 01
solid waste from primary filtration and screenings
Screenings only
19 09 02
sludges from water clarification
19 09 03
sludges from decarbonation
19 09 06
solutions and sludges from regeneration of ion exchangers
PART II
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05
sludges from treatment of urban waste water
Other municipal wastes (20 03)
20 03 04
Septic tank sludge
20 03 99
Municipal waste not otherwise specified
cesspool waste and other sewage sludge not described elsewhere in this table only.
47.
- (1) Subject to sub-paragraphs (2) to (4), the burning at a dock of waste consisting of -
(a) plant tissue waste, in pursuance of a notice given under Article 22 of the Plant Health Order (Northern Ireland) 1993[77];
(b) wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, in pursuance of a notice given under Article 20 of the Plant Health (Wood and Bark) Order (Northern Ireland) 1993[78].
(2) The storage at the dock where it was unloaded of waste intended to be burned under sub-paragraph (1).
(3) The total quantity of waste stored, or burned in any period of 24 hours, shall not exceed 15 tonnes.
(4) The waste shall be burnt on a hardstanding within a secure location at the dock where it was unloaded.
48.
For the purposes of this Schedule -
Paragraph number of exempt activity in Part I | Plans and documents required |
8 |
In relation to the requirement of regulation 18 that the notification to the Department contains information on the place where the activity is carried on (including any requirement relating to the submission to the Department of a plan for such a place and a grid reference for that place), the following shall be submitted -
(b) the quantity of waste to be stored at any one time; (c) the storage arrangements for the waste, including details of the construction and capacity of all tanks and their bunds; and
information on the use to which the waste is to be put, including the type of vehicle, locomotive or vessel in which the engine referred to in paragraph 8(1) of Part I is located. |
9 |
(1) The notice shall include the following particulars -
(b) a description of where and how the waste will be stored pending its use; (c) a description of the land which is to be treated with the waste, including the farm survey number, client reference number and field number (if there is one) and area, the area available for treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months; (d) the method and intended date of treatment, the quantities of waste to be used and the rate of application; (e) details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans; (f) the location of any waterway within 15 metres of the land on which the waste is to be spread. |
(2) The notice shall be accompanied by the following documents -
(b) an assessment of the risk of pollution caused by the use; (c) a certificate describing how the treatment will result in benefit to agriculture or ecological improvement,
which shall be prepared by or be based upon advice from a person with appropriate technical or professional expertise. |
|
(3) Wastes shall be analysed in relation to the following parameters -
(b) pH; (c) conductivity (mS); (d) total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis; (e) biochemical oxygen demand; and (f) in relation to the types of waste that are listed in the first column of Table 12 in Part III of this Schedule, the parameters ticked in the remaining columns of the Table. |
|
10 |
The notice shall include the following particulars -
(b) the quantity of sludge to be stored or spread and its origin; (c) information on how the sludge has been treated and where it has been treated; (d) the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used; (e) the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 400 metres of the boundaries of that place; (f) where sludge is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise. |
11 |
(1) The notice shall include the following particulars -
(b) where 2,500 or more cubic metres of waste are to be spread -
(ii) the type of waste to be spread, identified by reference to the descriptions in the second column of Table 4; (iii) the name, address and telephone number of all the relevant landowners and the location of their land where the waste is to be spread or stored; (iv) a plan of the spreading with cross-sections showing the proposed final levels of the land affected by the spreading; (v) the intended start and completion date of the spreading and any related storage.
(2) Where any of the wastes listed in Part II of Table 4 is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise. |
13 |
Where the total amount of compost at the site exceeds or will exceed 10 tonnes at any one time, the plan accompanying the notice referred to in regulation 18 shall show -
(b) the quantities and types of waste to be composted, and the expected duration of the composting; (c) where containment is to be provided by composting in a vessel, in a sealed building or other similar arrangement to provide a contained and controlled composting environment, the method of containment. |
19 |
The notice shall include the following particulars -
(b) where 2,500 or more cubic metres of waste are to be stored or used -
(ii) the type of waste to be stored or used, identified by reference to the descriptions in Table 8; (iii) the names, addresses, telephone numbers, and if applicable, the fax numbers and e-mail addresses of all owners of the land where the waste is to be stored or used; (iv) a plan containing at least one cross-section showing the proposed final levels of the land affected by the use of the waste; (v) the intended start and completion date of the storage or use. |
45 |
(a) The notice shall include the location of any such secure containers as are mentioned in paragraph 45(2)(e) of Part I of Schedule 2 (b) The records required by regulation 19(3) and paragraph 14 of Part I of Schedule 3 shall be kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months. (c) These records shall be sent annually to the Department with the notification required by regulation 17 and the fee referred to in regulation 18. |
(c) the addition of materials containing lime should take account of the neutralising value of the material, the pH of the soil and the target soil pH for the crop rotation;
(d) the addition of organic matter which improves the capacity of the soil to hold water, or its porosity, stability, tilth and workability and is a benefit;
(e) the spreading of watery wastes may be a benefit where the moisture of the soil is insufficient to support the growth of crops at the time of application, or where they contain nutrients which are applied at an appropriate rate;
(f) the spreading of waste soil may be a benefit where it is done in order to level uneven land and thereby facilitate the use of the land for agriculture, but not where it is done solely in order to raise the level of the land.
3.
Ecological improvement shall be assessed by reference to the extent to which wildlife habitats, which might otherwise deteriorate, are maintained or supported. The creation of a new habitat or the restoration of an old habitat shall be considered to be an improvement.
Table 12
(Part I, paragraph 9)
Parameter | ||||||
Waste description and EWC Code (relating to Table 3) | Neutralising value | Micro-biology | Oils and fats | Potential toxic elements | Prescribed substances* | Carbon/ nitrogen ratio |
Plant tissue waste 02 01 03 | X | X | X | X | ||
Soil from cleaning and washing beet 02 04 01 | X | X | X | X | ||
Off specification compost consisting only of biodegradable waste 19 05 03 | X | X | X | X | ||
Biodegradable waste 20 02 01 | X | X | X | X | ||
Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets 02 01 99 | X | X | X | |||
Blood and gut contents from abattoirs or poultry preparation plants 02 02 03 | X | X | ||||
Waste bark and cork 03 01 01 | X | X | X | |||
Sawdust shavings, cuttings, wood, particle board 03 01 05 | X | X | X | |||
Waste bark and wood 03 03 01 | X | X | X | |||
Soil and stones 17 05 04 | X | X | X | |||
Soil and stones (from gardens and parks including cemeteries) 20 02 02 | X | X | X | |||
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve productions; yeast and yeast extract productions; molasses preparation and fermentation 02 03 01 to 02 03 05 | X | X | ||||
Wastes from sugar processing 02 04 01 to 02 04 03 | X | X | ||||
Wastes from production of dairy products 02 05 01 to 02 05 02 | X | X | ||||
Wastes from the baking and confectionery industry 02 06 01 to 02 06 03 | X | X | ||||
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) 02 07 01 to 02 07 05 | X | X | ||||
De-inking sludges and de-inked paper pulp from paper recycling 03 03 05 and 03 03 99 | X | X | X | X | ||
Lime mud waste 03 03 09 | X | X | X | |||
Wastes from calcin-ation and hydration of lime 10 13 04 | X | X | X | |||
Sludges, in particular from on-site effluent treatment free of chromium 04 01 07 | X | X | X | |||
Organic matter from natural products (e.g. grease, wax) 04 02 10 | X | |||||
Wastes from finishing other than those containing organic solvents 04 02 15 | X | |||||
Sludges from on-site effluent treatment 04 02 20 | X | |||||
Wastes from unprocessed textile fibres 04 02 21 | X | |||||
Wastes from processed textile fibres 04 02 22 | X | |||||
Dredging spoil 17 05 06 | X | X | ||||
Liquor from anaerobic treatment of municipal waste 19 06 03 | X | X | ||||
Digestate from anaerobic treatment of municipal waste 10 06 04 | X | X | ||||
Liquor from anaerobic treatment of animal and vegetable waste 19 06 05 | X | X | ||||
Digestate from anaerobic treatment of animal and vegetable waste 19 06 06 | X | X | ||||
Sludges from water clarification 19 09 02 | X | X | X | X |
(b) deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;
(c) deciding whether -
and, for the purposes of this sub-paragraph, "discontinuance order" means an order under Article 39 or 112 of the Planning (Northern Ireland) Order 1991;
(d) discharging functions under Part III of the Planning (Northern Ireland) Order 1991.
Duties of competent authorities
2.
- (1) Subject to the following provisions of this paragraph, the competent authorities shall discharge their specified functions, in so far as they relate to the recovery or disposal of waste, with the relevant objectives.
(2) In a case where the recovery or disposal of waste is or forms part of a prescribed process designated for local control under the Industrial Pollution Control Order, and either requires a waste management licence or is covered by an exemption conferred by regulation 17(1) and Part I of Schedule 2, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under -
(3) In sub-paragraph (2), "prescribed process", "designated for local control", "pollution of the environment due to the release of substances into the air" and "pollution of the environment due to the release of substances into any environmental medium other than the air" have the meaning which they have in Article 2 of the Industrial Pollution Control Order.
(4) In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B or a Part C installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under -
(5) In sub-paragraph (4), "Part B installation" and "Part C installation" have the meaning given by regulation 2(1) of the 2003 Regulations.
Its functions in relation to appeals under the Industrial Pollution Control (Northern Ireland) Order 1997, the 1978 Order and the Waste Collection and Disposal Regulations (Northern Ireland) 1992.
(b) implementing, so far as material, any plan made under the plan-making provisions.
Meaning of "competent authority" etc.
3.
- (1) For the purposes of this Schedule, "competent authority" means any of the persons or bodies listed in column (1) of Table 13 and, subject to sub-paragraph (2), in relation to a competent authority "specified function" means any function of that authority listed in column (2) of that Table opposite the entry for that authority.
Table 13
Column (1)
Column (2)
Competent authorities
Specified functions
The Department
The taking of any specified action.
Its functions under Part II of the 1997 Order in relation to waste management licences, including preparing the strategy, or any modification of it, under Article 19 of that Order.
Its functions under Part II of the Food and Environment Protection Act 1985, or under paragraph 5.
Its function in relation to -
(a) consents under the Water Order (offences in relation to pollution of water resources) for any discharge of waste in liquid form other than waste waters;
(b) authorisations under regulation 17 of the Groundwater Regulations (Northern Ireland) 1998 (disposal or tipping of substances in list I or II); and
(c) notices under regulation 18 of the Groundwater Regulations (Northern Ireland) 1998 (prohibition or authorisation of activities which may result in indirect discharges of substances in list I or II).
A district council
Its functions under Part II of the 1978 Order in relation to disposal licences.
The preparation of plans or modifications of them under Article 23 of the 1997 Order
An enforcing authority (within the meaning of Article 2(8) of the Industrial Pollution Control Order)
Its functions in relation to authorisations under the Industrial Pollution Control Order except in relation to the carrying out of an exempt activity under such authorisations.
An enforcing authority (within the meaning of regulation 2(2) of the 2003 Regulations)
Its functions in relation to permits under the 2003 Regulations except in relation to the carrying out of an exempt activity under such permits.
The Planning Appeals Commission
Its functions in relation to appeals under the 1997 Order and the 2003 Regulations.
(2) In Table 13, references to functions do not include functions of making, revoking, amending, revising or re-enacting orders, regulations or schemes where those functions are required to be discharged by regulations.
Relevant objectives
4.
- (1) For the purposes of this Schedule, the following objectives are relevant objectives in relation to the disposal or recovery of waste -
(a) ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without -
(i) risk to water, air, soil, plants or animals; or
(ii) causing nuisance through noise or odours; or
(iii) adversely affecting the countryside or places of special interest;
(2) The following additional objectives are relevant objectives in relation to the disposal of waste -
(3) The following further objectives are relevant objectives in relation to functions under the plan-making provisions -
(b) encouraging secondly -
Preparation of offshore waste management plan
5.
- (1) Subject to sub-paragraph (2), it shall be the duty of the Department to prepare a statement ("the plan") containing its policies in relation to the recovery or disposal of waste for attaining the relevant objectives in those parts of United Kingdom waters and United Kingdom controlled waters for which the Department is the licensing authority.
(2) The plan shall relate in particular to -
(3) The Department shall make copies of the plan available to the public on payment of reasonable charges.
(4) In this paragraph, "United Kingdom waters" and "United Kingdom controlled waters" have the meaning given by section 24(1) of the Food and Environment Protection Act 1985[82].
Matters to be covered by permits
6.
When the Department or a district council grants or modifies a permit, and the activities authorised by the permit include the disposal of waste, it shall ensure that the permit covers -
Modifications of provisions relating to development plans and regional development strategy
7.
Article 4 of the Planning (Northern Ireland) Order 1991 shall have effect as if the proposals referred to in that Article for development plans also included proposals in respect of suitable waste disposal sites or installations and Article 3 of the Strategic Planning (Northern Ireland) Order 1999 shall have effect as if the regional development strategy for the long term development of Northern Ireland included proposals in respect of suitable waste disposal sites or installations.
Modifications of the Industrial Pollution Control (Northern Ireland) Order 1997
8.
- (1) Subject to Article 28(1) of the Industrial Pollution Control Order, that Order shall have effect in relation to prescribed processes involving the disposal or recovery of waste with such modifications as are needed to allow an enforcing authority to exercise its functions under that Order for the purpose of achieving the relevant objectives.
(2) Nothing in sub-paragraph (1) requires an enforcing authority in granting an authorisation in relation to such a process to take account of the relevant objectives insofar as they relate to the prevention of detriment to the amenities of the locality in which the process is (or is to be) carried on if planning permission, resulting from the taking of a specified action by an enforcing authority after 18th December 2003, is or, before the process is carried on, will be in force.
(3) For the purposes of this paragraph "enforcing authority" has the meaning given by Article 2(8) of the Industrial Pollution Control Order.
Modifications of Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997
9.
- (1) Part II of the 1997 Order shall have effect subject to the following modifications.
(2) In Article 4(1) and 6 any reference to the deposit, treatment, keeping or disposal of controlled waste shall include a reference to any operation listed in Part II or III of this Schedule.
(3) Article 4(2) shall be amended as follows -
(4) In Article 8(4), the reference to planning permission shall be taken to be a reference to planning permission resulting from the taking of a specified action by the Department after 18th December 2003.
(5) In Article 30(1), any reference to the treatment, keeping or disposal of such waste as is referred to in that paragraph shall include a reference to submitting such waste to any of the operations listed in Part II or III of this Schedule.
(6) In Article 30(2) any reference to the treatment, keeping or disposal of special waste shall include a reference to submitting special waste to any of the operations listed in Part II or III of this Schedule.
Modifications of Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978
10.
Part II of the 1978 Order shall have effect as if any reference in that Part to waste included a reference to waste as defined in the 1997 Order.
References to "waste" in planning and water legislation
11.
In the Planning (Northern Ireland) Order 1991 and the Water Order, any reference to "waste" shall include a reference to waste as defined in the 1997 Order.
Registration by professional collectors and transporters of waste, and by dealers and brokers
12.
- (1) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b), (d), (g) or (h) of regulation 2(1) of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[83] after 19th August 2004 to collect or transport waste on a professional basis unless it is registered in accordance with the provisions of this paragraph.
(2) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b) or (c) of regulation 22(4) after 19th August 2004 to arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph.
(3) Sub-paragraphs (1) and (2) do not apply in cases where the establishment or undertaking is carrying on the activities therein mentioned pursuant to, and in accordance with the terms and conditions of, a permit.
(4) An establishment or undertaking that operates within Northern Ireland shall register with the Department whether or not it has its place of business in Northern Ireland.
(5) The Department shall establish and maintain a register of establishments and undertakings registering with it under the provisions of this paragraph.
(6) The register shall contain the following particulars in relation to each such establishment or undertaking -
(7) The Department shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing from that establishment or undertaking.
(8) A person guilty of an offence under sub-paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(9) The Department shall secure that any register maintained by it under this paragraph is open to inspection by members of the public free of charge at all reasonable hours and shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.
(10) Registers under this paragraph may be kept in any form.
(11) In this paragraph, "collect" and "transport" have the same meaning as they have in Article 12 of the Directive.
Duty to carry out appropriate periodic inspections
13.
- (1) Subject to sub-paragraphs (4) and (5), any establishment or undertaking which carries out the recovery or disposal of controlled waste, or which collects or transports controlled waste on a professional basis, or which arranges for the recovery or disposal of controlled waste on behalf of others (dealers or brokers), and producers of special waste, shall be subject to appropriate periodic inspections by the competent authorities.
(2) In the case of establishments or undertakings handling end of life vehicles (whether or not such vehicles have been depolluted) periodic inspections in accordance with sub-paragraph (1) shall meet the requirements laid down in Article 6(2) of the End of Life Vehicles Directive.
(3) Article 44(1) and (2) of the 1997 Order (power to obtain information) shall have effect as if the provisions of this paragraph were provisions of Part II of that Order and as if, in those Articles, references to the Department or a district council were references to a competent authority.
(4) Subject to sub-paragraph (5), in the case of the exempt activities referred to in the first column of Table 14, the duty under sub-paragraph (1) shall be discharged by carrying out inspections set out in the second column of that table in respect of any place where the relevant exempted activity is carried on.
(5) Where the notice, plan and fee referred to in regulation 18(3) are received by the Department before 19th June 2004, in respect of exempt activities set out in paragraphs 11, 13, 19, 45 and 46 the Department shall carry out an initial inspection within 9 months of their receipt.
Table 14
Relevant exempt activity*
Inspections required
9, 10
An inspection shall be carried out at the time of treatment or, where that is not possible, not later than 4 weeks thereafter.
11, 13, 19, 45, 46
An initial inspection shall be carried out at the time when the exempt activity commences.
Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.
47
An initial inspection shall be carried out within two months of the receipt by the Department of the notification under Regulation 18(7).
Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.
* numbered by reference to the corresponding paragraph of Part I of Schedule 2
Record keeping
14.
- (1) Subject to any requirements to keep records under regulation 19 and sub-paragraph (2), an establishment or undertaking which carries out the disposal or recovery of controlled waste shall -
(a) keep a record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered; and
(b) make that information available, on request, to the competent authorities or, in the case of special waste, to a previous holder; and for this purpose "holder", in respect of any such waste, means the producer or the person in possession of it.
(2) Where special waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the operation and, in the case of a disposal operation, of the after-care of the disposal site.
(3) Subject to sub-paragraph (4), sub-paragraph (1) does not apply where the disposal or recovery of the waste is covered by an exemption, conferred by -
(4) Sub-paragraph (1) does apply to an activity subject to an exemption conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 45 and 46 of Part I of Schedule 2.
(5) Subject to sub-paragraph (6), it shall be an offence for an establishment or undertaking to fail to comply with any of the foregoing provisions of this paragraph insofar as that provision imposes any requirement or obligation upon it.
(6) Paragraph (2) of regulation 17 of the Special Waste Regulations (Northern Ireland) 1998 (defence in cases of emergency, etc.) shall apply to a person charged with an offence under sub-paragraph (5) as it applies to a person charged with an offence under paragraph (1) of that regulation.
(7) A person who, in purported compliance with a requirement to furnish any information imposed by or under any of the provisions of this paragraph, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.
(8) A person who intentionally makes a false entry in any record required to be kept by virtue of any of the provisions of this paragraph commits an offence.
(9) Paragraphs (5) and (6) of regulation 17 of the Special Waste Regulations (Northern Ireland) 1998 (offence where act or default causes offence by another and penalties) shall apply to an offence under this paragraph as they apply to an offence under that regulation.
(2) For the purposes of this Schedule, an application for registration or for the renewal of a registration as a broker of controlled waste shall be treated as pending -
(3) For the purposes of this Schedule, an appeal is disposed of when any of the following occurs -
Registers
2.
- (1) It shall be the duty of the Department to establish and maintain the register and -
(2) The register may be kept in any form.
Applications for registration
3.
- (1) An application shall be made to the Department.
(2) Subject to sub-paragraphs (3) to (5), a person shall not make an application for registration or for the renewal of a registration whilst -
(3) Sub-paragraph (2) shall not prevent a person from applying for the renewal of a registration where his application is made within the period of six months specified in paragraph 7(5).
(4) An application in respect of a business which is or is to be carried on by a partnership shall be made by all of the partners or prospective partners.
(5) A prospective partner in a business carried on by a partnership whose members are already registered with the Department may make an application to the Department for registration as a partner in that business.
(6) An application shall be made to the Department on a form provided by it for that purpose, and shall be accompanied by such information as the Department reasonably requires.
(7) Where an applicant wishes to apply to be registered both as a carrier and as a broker of controlled waste, he may make a combined application on a form provided by the Department for that purpose.
(8) Where an applicant wishes to apply both for the renewal of his registration as a carrier of controlled waste and for the renewal of his registration as a broker of controlled waste, he may make a combined application on a form provided by the Department for that purpose.
(9) The Department shall provide a copy of the appropriate application form free of charge to any person requesting one.
(10) The Department shall charge an applicant in respect of its consideration of his application -
and the applicant shall pay the charge upon making the application.
(11) The Department shall, on receipt of an application, ensure that the register contains a copy of the application.
(12) The Department may refuse an application if -
(13) Where the Department decides to refuse an application, it shall inform the applicant in writing that his application is refused and shall give the applicant the reasons for its decision.
(14) If an appeal is made under and in accordance with paragraph 6, the Department shall, as soon as reasonably practicable, make appropriate entries in the register indicating when the appeal was made and the result of the appeal.
(15) If no such appeal is made, the Department shall, as soon as reasonably practicable, make an appropriate entry in the register indicating that the application has been refused and that no appeal has been made.
(16) The Department may remove from the register -
at any time more than six years after the entry in question was put on the register.
(17) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall -
Registration as a broker and amendment of entries
4.
- (1) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall make an entry in its register -
(2) Where the applicant is a partnership, all the partners shall be registered under one entry and only one registration number shall be allocated to the partnership.
(3) On making an entry in its register under sub-paragraph (1) the Department shall provide the applicant free of charge with a copy of the entry in the register.
(4) On deciding to renew any registration or on the issue to the Department by the Planning Appeals Commission of any determination under paragraph 6(9) in respect of such an application, the Department shall amend the relevant entry in the register -
(5) The Department shall, at the same time as amending the register under sub-paragraph (4), provide the registered broker free of charge with a copy of the amended entry in the register.
(6) A person who is registered shall notify the Department of any change of circumstances affecting information in the register relating to him.
(7) On -
the Department shall -
(8) In this paragraph -
Revocation of registration
5.
- (1) The Department may revoke a person's registration as a broker if -
(2) Where the Department decides to revoke a person's registration as a broker, it shall give him written notice of the revocation and the reasons for its decision.
Appeals
6.
- (1) An applicant may appeal to the Planning Appeals Commission if -
(2) A person whose registration as a broker of controlled waste has been revoked may appeal against the revocation to the Planning Appeals Commission.
(3) Notice of an appeal to the Planning Appeals Commission under sub-paragraph (1) or (2) shall be given by the appellant to the Planning Appeals Commission within the period specified in sub-paragraph (7).
(4) If either party to the appeal so requests, the Planning Appeals Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.
(5) The notice of appeal shall be accompanied by the following -
(6) The appellant shall at the same time as giving notice of appeal to the Planning Appeals Commission serve on the Department a copy of the notice and a copy of the documents referred to in sub-paragraph (5)(a) and (f).
(7) Notice of appeal is to be given before the expiry of the period of 28 days beginning with -
or before such later date as the Planning Appeals Commission may at any time allow.
(8) The Planning Appeals Commission shall determine the appeal and Article 111 of the Planning (Northern Ireland) Order 1991[89] shall apply in relation to the determination of the appeal as it applies in relation to the determination of an appeal under that Order.
(9) The Planning Appeals Commission shall notify the appellant of its determination of the appeal and reasons for it, and shall at the same time send a copy of its determination to the Department.
Duration of registration
7.
- (1) Subject to the following provisions of this paragraph, a person's registration as a broker shall cease to have effect on the expiry of the period of three years beginning with the date of the registration or the date of any renewal.
(2) Where a registered carrier is registered as a broker otherwise than by way of renewal of an existing registration as a broker, and his registration as a carrier will expire within three years of the date of his registration as a broker, if at the time of making the application for registration as a broker he so requests, his registration as a broker shall expire on the same date as the date of expiry of his registration as a carrier.
(3) Where a registered broker is registered as a carrier otherwise than by way of renewal of an existing registration as a carrier, and his registration as a broker will expire within three years of the date of his registration as a carrier, if on the next application for renewal of his registration as a broker he so requests, his renewed registration as a broker shall expire on the same date as the date of expiry of his registration as a carrier.
(4) Registration as a registered broker shall cease to have effect if the registered broker gives written notice to the Department requiring the removal of his name from the register.
(5) The Department shall, no later than six months before the date of expiry of a broker's registration, serve on a registered broker -
(6) Where an application for the renewal of a registration is made within the last six months prior to its date of expiry, the registration shall, notwithstanding the passing of the expiry date, continue in force -
(7) Where the Department revokes a broker's registration, the registration shall, notwithstanding the revocation, continue in force until -
(8) Where an appeal is made under and in accordance with the provisions of paragraph 6 -
that registration shall continue in force after its date of expiry or, as the case may be, notwithstanding the revocation, until the appeal is disposed of.
(9) A registration in respect of a business which is carried on by a partnership shall cease to have effect if any of the partners ceases to be registered or if any person who is not registered becomes a partner.
(10) The duration of a registration in respect of a business which is carried on by a partnership shall not be affected if a person ceases to be a partner or if a new partner is registered under paragraph 4(7) in relation to the partnership.
(11) Where an application for renewal is made in advance of the expiry date and the Department decides to renew such registration, the renewal shall for the purposes of this Schedule take effect from the expiry date.
Cessation of registration
8.
Where by virtue of paragraph 7 a registration ceases to have effect, the Department -
2.
No end of life vehicle shall be treated unless, in respect of the activity or operation performed, that treatment -
2.
The treatment of an end of life vehicle shall only be carried out at a site -
3.
Treatment operations for the depollution of an end of life vehicle shall consist of -
and any other fluid contained in the said vehicle, but excluding any fluid which is necessarily retained for the reuse of the part concerned; and
(e) the removal, so far as is feasible, of all components identified as containing mercury.
4.
In order to promote its subsequent recycling, where an article or material listed below is first present in an end of life vehicle, no treatment of that vehicle shall prevent the removal -
and where any such article or material is removed it shall be done in such a way as best promotes its recycling.
5.
Any keeping operations shall be carried out in such a manner as avoids damage to -
[4] S.I. 1997/2777 (N.I. 18)back
[5] S.I. 1997/2778 (N.I. 19)back
[7] S.I. 1978/1049 (N.I. 19)back
[10] S.I. 1999/662 (N.I. 6)back
[11] O.J. No. L 273, 10.10.2002, p. 1back
[12] O.J. No. L117, 13.5.2003, p. 1back
[13] O.J. No. L117, 13.5.2003, p. 14back
[14] O.J. No. L117, 13.5.2003, p. 22back
[15] O.J. No. L117, 13.5.2003, p. 24back
[16] O.J. No. L117, 13.5.2003, p. 30back
[17] O.J. No. L117, 13.5.2003, p. 42back
[18] O.J. No. L117, 13.5.2003, p. 44back
[19] O.J. No. L194, 25.7.1975, p. 39back
[20] O.J. No. L078, 26.3.1991, p. 32back
[21] O.J. No. L377, 31.12.1991, p. 48back
[22] O.J. No. L135, 6.6.1996, p. 328back
[23] O.J. No. L269, 21.10.2000, p. 34back
[24] O.J. No. L050, 21.02.2002, p. 94back
[25] O.J. No. L170, 29.06.2002, p. 81back
[26] S.R. 2002 No. 248 as amendedback
[27] O.J. No. L042, 23.02.1970, p. 0001-0015 as amended by Directive 98/91/EC of the European Parliament and Council (O.J. No. L11, 16.01.1999, p. 25)back
[28] O.J. No. L225, 10.08.1992, p. 0072-0100back
[29] O.J. No. L377, 31.12.1991, p. 20back
[30] O.J. No. L226, 6.9.2000, p. 3, as amended by Commission Decisions 2001/118/EC (O.J. No. L47, 16.2.2001, p. 1, 2001/119/EC (O.J. No. L047, 16.2.2001, p. 32) and 2001/573/EC (O.J. No. L203, 28.7.2001, p. 18)back
[37] S.I. 1973/70 (N.I. 2)back
[39] S.I. 1981/1115 (N.I. 22)back
[48] S.I. 2002/2934, implementing Council Directive 92/51/EEC (O.J. No. L209, 24.7.1992, p. 25) on a second general system for the recognition of professional education and training. Part I of Schedule 2 (Professions Regulated by Law or Public Authority) designates WAMITAB as the authority for certified technically competent persons.back
[49] WAMITAB is a private law body set up in 1989 by the waste management industry.back
[52] S.I. 1991/1220 (N.I. 11)back
[53] S.I. 1978/1039 (N.I. 9) (see Article 2(4) for the meaning of "at work.")back
[54] O.J. No. L 020, 26.1.80, p. 43.back
[56] 1985 c. 48; Part II is amended by sections 146 and 147 of, and Part VIII of Schedule 16 to, the Environmental Protection Act 1990 (c. 43)back
[64] O.J. No. L377, 31.12.1991, p. 20back
[65] O.J. No. L168, 2.7.1994, p. 28back
[66] 1968 c. 67; section 130 is amended by paragraph 3(7) to (10) of Schedule 1, and Schedule 2, to the Animal Health and Welfare Act 1984 (c. 40)back
[67] Section 58 is amended by section 1 of the Medicine Products: Prescription by Nurses etc. Act 1992 (c. 28)back
[69] See regulation 2(1) of the 1990 Regulationsback
[73] S.R. 2002 No. 248; to which there is an amendment not relevant to these Regulationsback
[75] S.I. 2002/3153 (N.I. 7)back
[80] S.I. 1991/1220 (N.I. 11)back
[81] S.I. 1999/660 (N.I. 4)back
[82] 1985 c. 45; the definition of "United Kingdom controlled waters" is inserted by section 146(7) of the Environmental Protection Act 1990 c. 43back
[83] S.R. 1999 No. 362; regulation 2(1)(d) is amended by regulation 25(3) of these Regulationsback
[86] S.I. 1986/1032 (N.I. 6)back
[87] S.I. 1986/1033 (N.I. 7)back
[88] S.I. 1990/593 (N.I. 5)back
[89] S.I. 1991/1220 (N.I. 11)back