The Waste Management Licensing (Amendment) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

Section 74 of the Environmental Protection Act 1990 makes provision for determination by a waste regulation authority of the question whether a person is or is not a fit and proper person to hold a waste management licence. One consideration is whether the management of the activities to be authorised under the licence is or will be in the hands of a technically competent person.

Regulation 4 of the Waste Management Licensing Regulations 1994 provides that a person is technically competent for these purposes in relation to a facility of a type listed in Table 1 in that regulation if, and only if, he is the holder of one of the certificates awarded by the Waste Management Industry Training and Advisory Board specified in Table 1 as being a relevant certificate of technical competence for that type of facility.

These Regulations replace that Table so as to reclassify certain types of facility and the relevant certificates of technical competence for them. This is in consequence of the Board’s decision, as respects both the treatment of waste and the transfer of waste, to award separate level 4 certificates in relation to biodegradable waste on the one hand and clinical or special waste on the other and no longer to award level 4 certificates in relation to special waste only. In addition, the range of relevant certificates for civic amenity sites is extended.