The Waste Management Licensing Regulations 1994

Registration in connection with exempt activities

18.—(1) Subject to paragraph (7) below, it shall be an offence for an establishment or undertaking to carry on, after 31st December 1994, an exempt activity involving the recovery or disposal of waste without being registered with the appropriate registration authority.

(2) It shall be the duty of each appropriate registration authority to establish and maintain a register for the purposes of paragraph (1) above of establishments and undertakings carrying on exempt activities involving the recovery or disposal of waste in respect of which it is the appropriate registration authority.

(3) Subject to paragraph (4) below, the register shall contain the following particulars in relation to each such establishment or undertaking—

(a) the name and address of the establishment or undertaking;

(b) the activity which constitutes the exempt activity; and

(c) the place where the activity is carried on.

(4) The appropriate registration authority shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing or otherwise becomes aware of those particulars.

(5) For the purposes of paragraph (4) above, the appropriate registration authority shall be taken to be aware of the relevant particulars in relation to an exempt activity mentioned in paragraph (10)(a), (b) or (c) below.

(6) A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) The preceding provisions of this regulation shall not apply in the case of an exempt activity to which paragraph 7(3)(c) of Schedule 3 applies, but the appropriate registration authority shall enter in its register the particulars furnished to it pursuant to that provision.

(8) Each appropriate registration authority shall secure that any register maintained by it under this regulation is open to inspection at its principal office by members of the public free of charge at all reasonable hours and shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.

(9) Registers under this regulation may be kept in any form.

(10) For the purposes of this regulation, the appropriate registration authority is—

(a) in the case of an exempt activity falling within—

(i) paragraph 1, 2, 3 or 24 of Schedule 3; or

(ii) paragraph 4 of Schedule 3 if it involves the coating or spraying of metal containers as or as part of a process within Part B of Section 6.5 (coating processes and printing) of Schedule 1 to the 1991 Regulations and the process is for the time being the subject of an authorisation granted under Part I of the 1990 Act, or if it involves storage related to that process; or

(iii) paragraph 12 of Schedule 3 if it involves the composting of biodegradable waste as or as part of a process within paragraph (a) of Part B of Section 6.9 (treatment or processing of animal or vegetable matter) of Schedule 1 to the 1991 Regulations, the compost is to be used for the purpose of cultivating mushrooms and the process is for the time being the subject of an authorisation granted under Part I of the 1990 Act, or if it involves storage related to that process,

the local enforcing authority responsible for granting the authorisation under Part I of the 1990 Act for the prescribed process involving the exempt activity, or to which the exempt activity relates;

(b) in a case falling within paragraph 16 of Schedule 3, the issuing authority responsible for granting the licence under article 7 or 8 of the Diseases of Animals (Waste Food) Order 1973(1) under which the exempt activity is carried on;

(c) in a case falling within paragraph 23 of Schedule 3—

(i) where the exempt activity is carried on by virtue of a licence under article 5(2)(c) or 6(2)(d), or an approval under article 8, of the Animal By-Products Order 1992(2), the Minister;

(ii) where the exempt activity is carried on by virtue of a registration under article 9 or 10 of that Order, the appropriate Minister;

(iii) where the exempt activity is carried on at a knacker’s yard in respect of which the occupier holds a licence under section 1 of the Slaughterhouses Act 1974(3) authorising the use of that yard as a knacker’s yard or, in Scotland, in respect of which a licence has been granted under section 6 of the Slaughter of Animals (Scotland) Act 1980(4), the local authority;

and in this sub-paragraph “the Minister” and “the appropriate Minister” have the meaning given by section 86(1) of the Animal Health Act 1981(5), and “knacker’s yard” and “local authority” have the meaning given by section 34 of the Slaughterhouses Act 1974 or, in Scotland, have the meaning given by section 22 of the Slaughter of Animals (Scotland) Act 1980;

(d) in any other case, the waste regulation authority for the area in which the exempt activity is carried on.

(1)

S.I. 1973/1936; see article 2(1) for the definition of “issuing authority”.

(2)

S.I. 1992/3303.

(3)

1974 c. 3.

(4)

1980 c. 13.

(5)

1981 c. 22.