The Waste Management Licensing Regulations (Northern Ireland) 2003

Technical competence – transitional provisions

4.—(1) Where before 19th June 2004 a person has applied to the Waste Management Industry Training and Advisory Board(1) (“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 –

(a) any facility of that type; or

(b) a facility of any other type if –

(i) the certificate is a relevant certificate for that other type of facility; and

(ii) the entry for that other type of facility appears, in Table 1, after the entry in that Table for the type of facility in respect of which he acted as the manager,

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 –

(a) any facility of that type; or

(b) a facility of any other type if each certificate which is a relevant certificate for the type of facility in relation to which he has had such experience as manager is also a relevant certificate for that other type of facility,

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 –

(a) a disposal licence;

(b) a resolution;

(c) a waste management licence;

(d) an authorisation under the Industrial Pollution Control Order for a waste recovery or disposal activity;

(e) an activity prescribed under and in accordance with regulation 9 and Schedule 6 to the Waste Collection and Disposal Regulations (Northern Ireland) 1992(2) as cases where a disposal licence was not required in accordance therewith; or

(f) an exemption provided under regulation 17 and paragraph 43 of Part I of Schedule 2 to these Regulations.

(4) Where a person was technically competent for the purposes of section 74(3)(b) of the Environmental Protection Act 1990(3) 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.

(1)

WAMITAB is a private law body set up in 1989 by the waste management industry.

(2)

S.R. 1992 No. 254

(3)

1990 c. 43