Statutory Instruments
1998 No. 606
ENVIRONMENTAL PROTECTION
The Waste Management Licensing (Amendment) Regulations 1998
Made
9th March 1998
Laid before Parliament
11th March 1998
Coming into force
1st April 1998
The Secretary of State for the Environment, Transport and the Regions, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the prevention, reduction and elimination of pollution of water and the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred by section 2(2) of that Act, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Waste Management Licensing (Amendment) Regulations 1998 and shall come into force on 1st April 1998.
Amendment of the Waste Management Licensing Regulations 1994
2.—(1) The Waste Management Licensing Regulations 1994(3) shall be amended as follows.
(2) In regulation 18(4A)(d)(4), for the words “a fee of £400” there shall be substituted “the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995(5)”.
(3) In Schedule 3 (activities exempt from waste management licensing)—
(a)in paragraph 45(3)(b)(6) for the words “the annual fee” there shall be substituted “the charge”; and
(b)in paragraph 45(3)(d) for the words “a fee of £150 is paid annually” there shall be substituted “the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 is paid”.
(4) In Schedule 5 (registration of brokers of controlled waste)—
(a)in paragraph 3(6) (form of application for registration), for the words from “on a form corresponding to the form in Part II of this Schedule” to the end there shall be substituted “on a form provided for the purpose by the waste regulation authority, and shall be accompanied by such information as may reasonably be required by that authority.”;
(b)in paragraph 3(7) (form of application for renewal of registration), for the words from “on a form corresponding to the form in Part III of this Schedule” to the end there shall be substituted “on a form provided for the purpose by the waste regulation authority, and shall be accompanied by such information as may reasonably be required by that authority.”;
(c)for paragraph 3(11) (which specifies fees to be charged by a waste regulation authority in respect of applications in connection with registration) there shall be substituted—
“(11) The applicant shall pay the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 when he makes his application.”;
(d)Parts II and III of the Schedule (forms of application) are revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th March 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under-Secretary of State, Welsh Office
6th March 1998
Sewel
Parliamentary Under-Secretary of State, Scottish Office
9th March 1998
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend regulation 18 of, and Schedules 3 and 5 to, the Waste Management Licensing Regulations 1994, which provide for registration in connection with exempt activities and applications in connection with registration as a broker of controlled waste. They—
(a)require applications to be made on a form provided for the purpose by the waste regulation authority (which is the Environment Agency, or in Scotland the Scottish Environment Protection Agency); and
(b)provide for the fees to be charged to an applicant to be those specified in or determined under a scheme made by the appropriate Agency under section 41 of the Environment Act 1995 (c. 25).