PART 7Deposits in the sea

Interpretation21

In this Part, “offshore licensing functions” means—

a

functions under Part 2 of the Food and Environment Protection Act 198535;

b

functions under Part 4 of the Marine and Coastal Access Act 200936,

  • other than functions which must be exercised by statutory instrument.

Exercise of offshore licensing functions22

An appropriate authority must exercise its offshore licensing functions—

a

so far as material, for the purposes of implementing the waste management plans;

b

for the purposes of ensuring that—

i

the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste; and

ii

waste generated by the disposal or recovery of waste is treated in accordance with Article 4 of the Waste Framework Directive;

c

for the purposes of implementing Article 13 of the Waste Framework Directive;

d

so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met; and

e

so as to ensure compliance with the following Articles of the Waste Framework Directive—

i

Article 18(2)(b) and (c),

ii

Article 23(3) and (4),

iii

Article 35(1).

Inspections23

1

This regulation applies where an appropriate authority has offshore licensing functions in relation to establishments or undertakings carrying on disposal or recovery of waste.

2

The appropriate authority must ensure that appropriate periodic inspections of those establishments or undertakings are made37.