Search Legislation

The Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations 2006

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 4

SCHEDULE 2Transitional Arrangements

This schedule has no associated Explanatory Memorandum

Existing site licences

1.—(1) Any site licence authorising an establishment or undertaking carrying out treatment operations to store or treat WEEE on 5th January 2007 (“an existing site licence”) shall be read as containing the following condition—

  • “The operator shall carry out the storage prior to treatment and treatment of any WEEE in accordance with such requirements of Article 6(1), (3) and (4) and Annexes II and III of the WEEE Directive as are applicable to the activity in question.”.

(2) In any case where before the coming into force of these Regulations an existing site licence authorises an activity falling within paragraph 49, 50 or 51 of Schedule 3 to the 1994 Regulations, the licence shall be treated as revoked (so far as it relates to that activity) from the determination date.

(3) In any other case, an existing site licence shall cease to authorise an establishment or undertaking carrying out treatment operations to store or treat WEEE from the determination date unless the licence is modified to authorise storage or treatment in accordance with the WEEE Directive.

Registered exemptions

2.—(1) An establishment or undertaking which—

(a)was carrying on an exempt activity involving the storage or treatment of WEEE at any place immediately before 5th January 2007; and

(b)by virtue of amendments made by these Regulations—

(i)would be carrying on a notifiable exempt activity; or

(ii)would no longer be carrying on an exempt activity,

will be treated as if the amendments made by these Regulations do not apply in relation to the carrying on of that activity at that place until the determination date.

(2) An establishment or undertaking falling within paragraph (1) which is carrying out treatment operations shall be subject to the condition that the storage prior to treatment and treatment shall be carried out in accordance with such requirements of Article 6(1), (3) and (4) and Annexes II and III of the WEEE Directive as are applicable to the activity in question.

(3) The requirement described in sub-paragraph (2) shall have effect as if it were a condition of the relevant paragraph of Schedule 3 to the 1994 Regulations.

(4) In this paragraph, “notifiable exempt activity” and “exempt activity” have the meaning given by the 1994 Regulations.

Meaning of determination date

3.  In this Schedule, the “determination date” is—

(a)where an application for a modification to a waste management licence is made in relation to the storage or treatment of WEEE before 1st July 2007, the date on which the application is granted or, if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or on which any appeal is withdrawn or finally determined;

(b)where an application for a waste management licence is made in relation to the storage or treatment of WEEE before 1st July 2007, the date on which the application is granted or, if the application is (or is deemed to be) rejected, the date on which the period for appealing against that rejection expires without an appeal being made or on which any appeal is withdrawn or finally determined;

(c)where a notification is provided in relation to an exempt activity involving the storage or treatment of WEEE before 1st July 2007, the date on which the appropriate registration authority enters the relevant particulars in the register or, if it refuses to do so, the date on which it notifies the establishment or undertaking of its decision; or

(d)in any other case, 1st July 2007.

Transitional charges

4.—(1) The charge to be paid on notification pursuant to regulation 18AA of the 1994 Regulations of an exempt activity falling within paragraph 49 of Schedule 3 of the 1994 Regulations is £265.

(2) Sub-paragraph (1) shall cease to apply in relation to an activity falling within paragraph 49 of Schedule 3 of the 1994 Regulations once a charge is prescribed in relation to that activity by a charging scheme made under section 41 of the Environment Act 1995(1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources