Amendments to other legislation
5.—(1) The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002(1) shall be amended as follows.
(2) In regulation 1(2) insert the following definition in the appropriate alphabetical place
“authorised officer” means an officer of the Department of the Environment.
(3) For regulations 2 to 4 substitute—
“Transfer Notes
2.—(1) Subject to paragraph (3), the transferor and transferee shall, at the same time as the written description of the waste is transferred in accordance with Article 5(1)(c)(ii) of the 1997 Order, ensure that such a document as is described in paragraph (2) (“a transfer note”) is completed and signed by them or on their behalf.
(2) A transfer note shall—
(a)identify the waste to which it relates by reference to the appropriate categories of waste in the European Waste Catalogue and state—
(i)the quantity of that waste and whether on transfer it is loose or in a container;
(ii)if in a container, the kind of container;
(iii)the date, time and place of transfer;
(iv)the SIC code of the transferor;
(v)the origin of the waste, if known; and
(vi)the destination of the waste upon transfer;
(b)give the name and address of the transferor and the transferee and be signed by them;
(c)state in respect of the transferor and the transferee whether they are—
(i)the producer of the waste;
(ii)the importer of the waste;
(iii)the transporter of the waste or a waste broker or dealer;
(iv)a district council;
(v)a person who is a holder of a waste management licence under Article 6 of the 1997 Order or a permit under Article 9 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003(2), in which case the transfer note must include the waste authorisation number;
(vi)a person to whom Article 4(1) of the 1997 Order does not apply by virtue of regulations under paragraph (3) of that Article;
(vii)a person registered as a carrier of controlled waste under Article 39 of the 1997 Order, in which case the transfer note must include the registration number;
(viii)a person registered as a broker of or dealer in controlled waste, in which case the transfer note must include the registration number;
(d)confirm that the transferor has discharged the duty as required by regulation 17 of the Waste Regulations (Northern Ireland) 2011(3) (the Waste Hierarchy).
(3) A transfer note—
(i)may be in electronic form; and
(ii)where in electronic form, shall only be accepted if it is legible.
(4) Where the transfer note is in electronic form, the signature required by paragraph (2)(b) shall be an electronic signature and “electronic signature” means data in electronic form which is attached to or logically associated with the transfer note and which serves as a method of authentication.
(5) In this regulation “SIC code” means a code included in the UK Standard Industrial Classification of Economic Activities 2007 published by the Office for National Statistics on 14th December 2007(4).
Duty to keep copies of written descriptions of waste and transfer notes
3.—(1) The transferor and the transferee shall keep a transfer note, or a copy of it as appropriate, for at least 2 years from the date upon which it is completed and signed by them.
(2) This regulation shall not apply where the waste transferred is hazardous waste and the consignment note and, where appropriate, a schedule required by the Hazardous Waste Regulations (Northern Ireland) 2005(5) is completed and dealt with in accordance with those Regulations.
Duty to furnish documents
4.—(1) A person holding or transporting waste shall carry the associated transfer note with that waste and shall produce that transfer note to an authorised officer or a constable on demand.
(2) A person who has been served by the Department with a notice in writing specifying or describing any document and requiring its production shall, if the document is one which at that time he is under a duty to keep under regulation 3, furnish the Department with a copy of it within the period (not being less than 7 days) specified in the notice”.”
ISBN 978-0-230-21012-7