The Waste Management Licensing (Amendment No. 2) Regulations 1995

Statutory Instruments

1995 No. 1950

ENVIRONMENTAL PROTECTION

The Waste Management Licensing (Amendment No. 2) Regulations 1995

Made

24th July 1995

Laid before Parliament

25th July 1995

Coming into force

29th July 1995

The Secretary of State, in exercise of the powers conferred on him by sections 33(3) and 74(6) of the Environmental Protection Act 1990(1) (having in particular had regard in exercising his powers under section 33(3) to the matters specified in section 33(4) of that Act), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Waste Management Licensing (Amendment No. 2) Regulations 1995 and shall come into force on 29th July 1995.

Amendment of the Waste Management Licensing Regulations 1994

2.  In paragraph 43(2) of Schedule 3 to the Waste Management Licensing Regulations 1994(2) (activities exempt from waste management licensing), for the words “shall after 31st July 1995 cease to have effect” there shall be substituted the following—

• “shall—

  (a)

  after 31st March 1996, in the case of an activity falling within paragraph 8 or 9 of Part III of Schedule 4;

  (b)

  after 31st July 1995, in any other case,

  cease to have effect”.

Amendment of the Waste Management Licensing (Amendment etc.) Regulations 1995

3.  In regulation 4 of the Waste Management Licensing (Amendment etc.) Regulations 1995(3) (technical competence—transitional provisions) there shall be added at the end the following

“(5) In their application in relation to the manager of a facility at which activities falling within paragraph 8 or 9 of Part III of Schedule 4 to the Principal Regulations are carried on, paragraphs (3) and (4) above shall have effect as if—

(a) in paragraph (3), for the words “the 15 months ending on 31st July 1995” there were substituted the words “the 23 months ending on 31st March 1996”;

(b) in paragraph (4), for the words “31st July 1995” in each place where they occur there were substituted the words “31st March 1996”.”

Signed by authority of the Secretary of State for the Environment

James Clappison

Parliamentary Under Secretary of State,

Department of the Environment

24th July 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Waste Management Licensing Regulations 1994 and the Waste Management Licensing (Amendment etc.) Regulations 1995.

Regulation 2 extends from 31st July 1995 to 31st March 1996 a transitional exemption from waste management licensing for certain activities involving the biological or physico-chemical treatment of waste where the person carrying on the activities has done so since before 1st May 1994 and those activities were not subject to licensing under Part I of the Control of Pollution Act 1974 (c. 40).

Regulation 3 similarly extends the transitional period during which regulation 4 of the 1994 Regulations (persons only to be treated as technically competent to manage certain waste facilities if holding a relevant certificate of technical competence) does not apply to a person to whom the transitional exemption from licensing applies.

(1)

1990 c. 43.

(2)

S.I. 1994/1056; paragraph 43(2) was amended by S.I. 1995/288, regulation 3(15).

(3)

S.I. 1995/288.