The Waste Management (Miscellaneous Provisions) (England and Wales) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Waste Management Licensing Regulations 1994 (“the 1994 Regulations”) and the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969. The 1994 Regulations implement (in part), in relation to England and Wales, Council Directive 75/442/EEC on waste and Council Directive 1999/31/EC on the landfill of waste.

Regulation 3 amends paragraph 47(1)(g) of Schedule 3 to the 1994 Regulations so that under this exemption an application of liquid milk to land may only be made once a month.

Regulation 4 amends paragraph 48 of Schedule 3 to the 1994 Regulations so that under this exemption any application of plant tissue to land must be made in accordance with any conditions that may have been imposed by a notice served under either the Plant Health (England) Order 2005 or the Plant Health (Wales) Order 2006.

Regulation 5 inserts new paragraphs into Schedule 3 to the 1994 Regulations to provide for exemptions from waste management licensing for activities involving the disposal of pesticide solution into a lined biobed and treatment of the land with the biobed itself, the treatment of land with ash from the incineration of pig or poultry carcases and the treatment of land with dredging spoil from farm ditches.

Regulation 6 omits item 6 in the table in Schedule 1 to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969. This amendment removes an exemption for the emission of dark smoke caused by the open burning of containers lightly contaminated with pesticides.

A partial regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Waste Management Division, Permitting and Development Unit, Department for Environment, Food and Rural Affairs, 6/E7, Ashdown House, 123 Victoria Street, London SW1E 6DE and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.