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Statutory Instruments

2002 No. 674

ENVIRONMENTAL PROTECTION, ENGLAND

The Waste Management Licensing (Amendment) (England) Regulations 2002

Made

12th March 2002

Laid before Parliament

13th March 2002

Coming into force

14th March 2002

The Secretary of State, in exercise of the powers conferred upon her by sections 29(10) of the Environmental Protection Act 1990(1), hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Waste Management Licensing (Amendment) (England) Regulations 2002 and shall come into force on 14th March 2002.

(2) These Regulations apply to England only.

Amendment of regulation 12 of the Waste Management Licensing Regulations 1994

2.—(1) Regulation 12 of the Waste Management Licensing Regulations 1994(2) is amended as follows.

(2) In paragraph (1)(b)—

(i)after paragraph (i) delete ‘or’;

(ii)at the end insert—

(iii)the collection or storage of a controlled substance from any waste product, installation or equipment..

(3) After paragraph (1) insert—

(1A) For the purposes of paragraph (1)(b)(iii) above, ‘controlled substance’ means any one of the following:

Michael Meacher

Minister of State,

Department for Environment, Food and Rural Affairs

12th March 2002

Explanatory Note

(This note is not part of the Regulations)

Article 16 of Council Regulation (EC) No. 2037/2000 on substances that deplete the ozone layer requires the recovery of used controlled substances (as defined in Article 2 of the Regulation) in waste refrigeration and other equipment.

Regulation 12 of the Waste Management Licensing Regulations 1994 provides for certain descriptions of plant to be treated as mobile plant for the purposes of Part II of the Environmental Protection Act 1990.

These Regulations amend regulation 12 by adding a description of plant for the collection or storage of a controlled substance from waste items. This enables the Environment Agency to authorise mobile plant for the recovery of ozone depleting substances from waste refrigeration equipment, fire extinguishers and other items.

(1)

1990 c. 43. The functions of the Secretary of State, so far as exercisable within devolved competence, were transferred to the Scottish Parliament by section 53 of the Scotland Act 1998 (c. 46); and so far as they relate to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.

(2)

S.I. 1994/1056; regulation 12 was amended by S.I. 1995/288 and 1996/634.