The Transfrontier Shipment of Waste Regulations 1994

Offences

12.—(1) Any person who contravenes a provision of the principal Regulation in the United Kingdom so that waste is shipped in circumstances which are deemed to be illegal traffic under Article 26 commits an offence.

(2) Any person who transports, recovers, disposes of, or otherwise handles waste in the United Kingdom in contravention of a condition imposed under the principal Regulation on the shipment of waste commits an offence.

(3) Any consignee who, in relation to waste shipped to the United Kingdom, fails to send a certificate of disposal or recovery pursuant to Article 5(6), 8(6) or 20(9) (as the case may be) within the time limit set out in the applicable Article, or sends a certificate which is false in a material particular, commits an offence.

(4) Any person who contravenes regulation 7 of these Regulations commits an offence.

(5) Any person who supplies information which is false in a material particular to a competent authority in the United Kingdom for the purpose of obtaining a certificate under regulation 7 of these Regulations commits an offence.

(6) Any person who, in the United Kingdom, mixes wastes which are the subject of different notifications during shipment contrary to Article 29 commits an offence.

(7) Any notifier who ships waste from the United Kingdom without having entered into a contract with the consignee in accordance with Article 3(6), 6(6) or 15(4) where required to do so by the principal Regulation commits an offence.

(8) Any notifier who ships waste from the United Kingdom which is required to be accompanied by the information set out in Article 11, signed as required by that rticle, and which is not so accompanied whilst in the United Kingdom, commits an offence.

(9) Any person who fails to comply with a notice served on him under regulation 8(2) or 9(2) of these Regulations commits an offence.

(10) Any person who intentionally obstructs an inspector or authorised person in the exercise of his powers under regulation 9 of these Regulations or a customs officer in the exercise of his powers under regulation 10 of these Regulations commits an offence.

(11) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.