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The Hazardous Waste Regulations (Northern Ireland) 2005

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Registers of consignments

37.—(1) The following provisions of this regulation apply in relation to registers of consignments and, as appropriate, to other registers required to be kept under regulations 37 to 40.

(2) Records must be made in a register kept for the purposes, and, insofar as is consistent with the provisions of regulations 37 to 40 and paragraph (3) of this regulation, registers may be kept in any form.

(3) Producers, consignors, carriers, and consignees shall keep registers containing the information set out in paragraph (4).

(4) A person who is required to keep a register shall enter in the register each copy of—

(a)a consignment note (including where consignments are not accepted, the original note and the note prepared pursuant to regulation 32), and, where applicable, written explanation and schedule of carriers) completed to any extent by, or given to him, pursuant these regulations;

(b)a consignee’s return to the producer, holder or consignor received pursuant to regulation 41; and

(c)a carrier’s schedule given to him pursuant to regulation 26;

and, where a regulation requiring records to be kept is silent as to the length of time for which records are to be kept under these regulations, keep the copies on the register for not less than three years from the date on which the hazardous waste was first removed from the premises at which it was produced, or held, as the case may be.

(5) Any register kept or retained under this regulation shall be produced on demand by and given up for inspection to the Department.

(6) An establishment or undertaking to which hazardous waste is delivered for treatment or disposal, as the case may be, shall provide to the previous holder of the waste, or to the Department, on request, documentary evidence that the management operation concerned has been carried out, indicating the relevant operation where applicable in accordance with the numbering and description applicable in accordance with the list in Annex IIA or Annex IIB, as the case may be, of the Waste Directive.

(7) A person who is required to retain any record shall at any time during the period in which the record is required to be retained (and without prejudice to any duty to send the record to the Department at the end of that period), produce that record, in any form reasonably required, to the Department or emergency services on request.

(8) A producer, holder, consignor, carrier or consignee of hazardous waste shall supply to the Department on request such information as it may reasonably require for the purposes of performing its functions in connection with these Regulations and for the purposes of monitoring the production, movement, storage, recovery and disposal of hazardous waste.

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