CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005

Status:

This is the original version (as it was originally made).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

PART 5Burial of Unused On-Board Catering Supplies in Landfills

Approval of landfills

30.—(1) Any person disposing of material in accordance with regulation 29 by burial in a landfill shall only do so in a landfill approved under this regulation.

(2) The National Assembly for Wales shall only approve a landfill for the purposes of disposal of material under regulation 29 if it is satisfied that—

(a)the material will be buried without undue delay so as to prevent access to it by wild birds;

(b)the operator has taken adequate steps to prevent access to the unrestored and current working area of the landfill by ungulates; and

(c)the operator will comply with any conditions of the approval.

(3) The approval shall be in writing, may be made subject to conditions, and may be amended or suspended by notice in writing in accordance with regulation 32.

(4) If the National Assembly for Wales refuses to grant an approval, or grants an approval subject to a condition, it shall by notice in writing served on the applicant——

(a)give the reasons, and

(b)explain the right of the applicant to make written representations to the National Assembly for Wales and to appear before and be heard by an independent person appointed by the National Assembly for Wales in accordance with regulation 33.

Operators of landfills

31.—(1) The operator of a landfill approved in accordance with regulation 30 shall——

(a)maintain and operate the premises in accordance with the requirements in paragraph 30(2)(a) and (b) and any conditions of the approval;

(b)ensure that any person employed by him or her, and any person permitted to enter the premises complies with those requirements and conditions;

(c)comply with the record-keeping requirements contained in Article 9 of Regulation (EC) No. 1774/2002; and

(d)keep equivalent records for material referred to in regulation 29(3).

(2) The records required to be kept under this regulation may be in written or electronic form and shall be kept for at least two years.

Amendment, suspension and revocation of approvals

32.—(1) Where the National Assembly for Wales is satisfied that any condition of the approval is no longer fulfilled, or that the requirements in regulation 30(2)(a) and (b) are not being complied with, or that it is necessary to do so for public or animal health reasons, it may, by notice in writing served on the operator, suspend the approval.

(2) Where the National Assembly for Wales is satisfied that any condition of the approval should be amended for public or animal health reasons, it may, by notice in writing served on the operator, amend the approval.

(3) A suspension under paragraph (1) or an amendment under paragraph (2)——

(a)shall have immediate effect if the National Assembly for Wales is satisfied that it is necessary for it to do so for the protection of public or animal health; and

(b)otherwise shall not have effect for at least twenty-one days following service of the notice.

(4) The notice in paragraph (1) or (2) shall——

(a)give the reasons for the suspension or amendment; and

(b)explain the right of the operator of the premises to make written representations to the National Assembly for Wales and to be heard by an independent person appointed by the National Assembly for Wales in accordance with regulation 33.

(5) Where there is an appeal under regulation 33, an amendment or suspension shall not have effect until the final determination by the National Assembly for Wales in accordance with that regulation unless the National Assembly for Wales considers it necessary for the protection of public or animal health for the amendment or suspension to take effect sooner.

(6) Where the National Assembly for Wales has suspended an approval, and——

(a)no appeal is brought in accordance with regulation 33; or

(b)the National Assembly for Wales upholds the suspension following such an appeal,

it may by notice in writing revoke the approval provided that she is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with the requirements of regulation 30(2)(a) or (b) or the conditions, if any, of the approval.

Appeals

33.—(1) A person on whom a notice is served under paragraph (4) of regulation 30 or paragraph (1) or (2) of regulation 32 may within twenty-one days beginning with the day on which the notice is served——

(a)provide written representations to the National Assembly for Wales; and

(b)give notice in writing that he wishes to appear before and be heard by an independent person appointed by the National Assembly for Wales.

(2) Where an appellant gives notice of his wish to appear before and be heard by an independent person appointed for the purpose——

(a)the National Assembly for Wales shall appoint an independent person to hear representations and specify a time limit within which representations to that independent person must be made;

(b)the person so appointed shall not, except with the consent of the appellant, be an officer or servant of the National Assembly for Wales;

(c)if the appellant so requests, the hearing shall be in public;

(d)the independent person shall report to the National Assembly for Wales.; and

(e)if the appellant so requests, the National Assembly for Wales shall provide him or her with a copy of the independent person’s report.

(3) The National Assembly for Wales shall give to the appellant written notification of its final determination and the reasons for it.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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. The revised version is currently only available in English.

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

Original (As Enacted or Made) - Welsh:The original Welsh language 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

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