The Waste Management Licensing Regulations (Northern Ireland) 2003

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 –

(a) the exempt activity is carried on by or with the consent of the occupier of the land where the activity is carried on; or

(b) the person carrying on the exempt activity is otherwise entitled to do so on that land.

(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 –

(a) the type and quantity of waste submitted to the activity, and the method of disposal or recovery of waste is consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part I of Schedule 3;

(b) any information required under regulation 18(3) and 18(5) and the fee (if any) required under regulation 18(12) have been sent to the Department in the manner specified therein.

(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.