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The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009
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- Northern Ireland Statutory Rules
- 2009 No. 159
- Regulation 4
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Transitional arrangements relating to the Waste Management Licensing Regulations (Northern Ireland) 2003N.I.
4.—(1) Any waste management licence authorising an establishment or undertaking to carry out treatment of waste batteries or accumulators on 20th May 2009 (“an existing waste management licence”) shall be read as containing the following condition—
“The operator shall carry out any treatment of waste batteries or accumulators in accordance with Article 12(2) and Annex III, Part A of the Batteries Directive.”.
(2) Where an existing waste management licence authorises an activity falling within paragraph 52 in Part I of Schedule 2 to the 2003 Regulations, the licence shall be treated as revoked (so far as it relates to that activity) from the determination date.
(3) In any other case, an existing waste management licence shall cease to authorise an establishment or undertaking to carry out treatment of waste batteries or accumulators unless the licence is modified to authorise treatment in accordance with the Batteries Directive.
(4) An establishment or undertaking carrying out an exempt activity involving the storage of waste batteries or accumulators at any place immediately before 20th May 2009 may continue to carry on that activity at that place in accordance with the 2003 Regulations, as they were in operation immediately before 20th May 2009, until the determination date.
(5) In this regulation the “determination date” is—
(a)where an application for a modification to a waste management licence is duly made in accordance with Article 8 of the 1997 Order in relation to the treatment of waste batteries or accumulators before 20th May 2009, the date on which the application is granted or if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or on which any appeal is withdrawn or finally determined;
(b)where an application for a waste management licence is duly made in accordance with Article 8 of the 1997 Order in relation to the treatment of waste batteries or accumulators before 20th May 2009, the date on which the application is granted or, if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or on which any appeal is withdrawn or finally determined;
(c)where notice is given in accordance with regulation 18 of the 2003 Regulations by an establishment or undertaking in relation to an exempt activity involving the storage of waste batteries or accumulators before 20th May 2009, the date on which the Department of the Environment enters the relevant particulars in the register or, if it refuses to do so, the date on which it notifies the establishment or undertaking of its decision; or
(d)in any other case 20th May 2009.
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