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The Special Waste Regulations (Northern Ireland) 1998

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Consignment notes: cases in which pre-notification is not required

6.—(1) For the purposes of regulation 7, except in a case to which regulation 8 applies, this regulation applies—

(a)subject to paragraph (2)(a), to the removal, from the premises at which it is being held, of each of the second and any subsequent consignment of special waste in a succession of consignments of special waste,

(b)subject to paragraph (2)(b), to the removal as a consignment of special waste of a product or material for the purposes of the return by the person to whom the product or material had been supplied to the person who supplied it to him or who manufactured it,

(c)subject to paragraph (2)(c), to the removal of a consignment of special waste where the consignor and the consignee are bodies corporate belonging to the same group,

(d)to the removal from a ship in a harbour area of a consignment of special waste to a conveyance for transportation to a place outside that area, and

(e)to the removal of a consignment of special waste which consists entirely of lead acid motor vehicle batteries.

(2) This regulation does not apply unless—

(a)in the case mentioned in paragraph (1)(a), in respect of each consignment—

(i)the waste is of the same description as the waste in the first of the consignments in the succession;

(ii)the consignor is the same person;

(iii)the consignee is the same person;

(iv)the premises from which the consignment is removed are the same;

(v)the place to which the consignment is transported is the same; and

(vi)the removal of the consignment takes place within one year of the removal of the first consignment in the succession;

(b)in the case mentioned in paragraph (1)(b), the person to whom the product or material was supplied is satisfied that, as supplied, the product or material fails to meet any specification which he expected it to meet;

(c)in the case mentioned in paragraph (1)(c), the removal is for either storage of waste pending any of the operations listed in Annex IIA to Council Directive 75/442/EEC(1), or storage of waste consisting of materials intended for submission to any operation listed in Annex IIB to that Directive, but, in either case, excluding temporary storage, pending collection, on the site where the waste is produced, and the consignee, either—

(i)is the holder of a disposal licence which authorises the relevant operation; or

(ii)carries on any activity which, by virtue of paragraphs 7, 14, 15, 16B, 16C, 16D or 24 of Schedule 6 to the Waste Collection and Disposal Regulations (Northern Ireland) 1992(2), does not require a disposal licence.

(3) In paragraph (1)(c) “group”, in relation to a body corporate, means that body corporate, any other body corporate which is its holding company or subsidiary and any other body corporate which is a subsidiary of that holding company; and for these purposes—

“body corporate” does not include a corporation sole, but includes a company incorporated elsewhere than in Northern Ireland; and

“holding company” and “subsidiary” have the meaning given by Article 4 of the Companies (Northern Ireland) Order 1986(3).

(1)

O.J. No. L194, 25.7.75, p. 39; as amended by Council Directive 91/156/EEC (O.J. No. L78, 26.3.91, p. 32)

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