The Waste Batteries and Accumulators Regulations 2009

Decision in relation to application

59.—(1) An application for approval made—

(a) by a battery treatment operator to—

(i) issue batteries evidence notes in respect of waste portable batteries accepted at a site for treatment and recycling; or

(ii) treat or recycle waste industrial or automotive batteries accepted at a site for treatment and recycling; or

(b) by an exporter to—

(i) issue batteries evidence notes in respect of waste portable batteries that are exported for treatment or recycling in one or more specified treatment or recycling operations at a named site outside the United Kingdom, or a combination of such operations, or

(ii) to export waste industrial or automotive batteries for such purposes,

must be granted where the appropriate authority is satisfied as to the matters set out in paragraph (2) and must otherwise be refused.

(2) The matters referred to in paragraph (1) are—

(a) for the purposes of paragraph (1)(a)—

(i) that the applicant is a battery treatment operator;

(ii) that the applicant will comply with the conditions referred to in regulation 63(1); and

(iii) that the application has been made in accordance with regulation 58; and

(b) for the purposes of paragraph (1)(b)—

(i) that the applicant is an exporter;

(ii) where the application for approval relates to one or more treatment or recycling sites outside the EEA, that the minimum treatment requirements set out in paragraph 10(3)(b) of Schedule 4 and the requirements as to minimum recycling efficiencies set out in paragraph 10(3)(c) of that Schedule will be met;

(iii) that the applicant will comply with the conditions referred to in regulation 63(2); and

(iv) that the application has been made in accordance with regulation 58.

(3) Where approval is refused under this regulation, the appropriate authority is not under a duty to refund the whole or any part of the treatment, recycling and export application charge.