The Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No. 3) Regulations 2005

Supervision of exempt activities

9.  After regulation 18 insert—

“Supervision of exempt activities

18AA.— (1) An establishment or undertaking which wishes to be registered as carrying on a notifiable exempt activity must provide to the appropriate registration authority—

(a) a notice of its relevant particulars and such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for the purpose by the authority;

(b) such plans and other documents as the authority reasonably requires;

(c) the quantity of waste to be disposed of or recovered; and

(d) any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

(2) For the purposes of paragraph (1), the total area covered by a notice in relation to any exempt activity falling within paragraph 7A of Schedule 3 shall not exceed 50 hectares.

(3) The information required under paragraph (1) above shall include a certificate prepared by a person with appropriate technical expertise containing such evidence as can reasonably be expected to demonstrate that, in relation to an exempt activity falling within paragraphs 7A, 8A or 9A(1)(b) of Schedule 3, the activity will result in benefit to agriculture or ecological improvement and will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4.

(4) Where it receives notification pursuant to paragraph (1), the appropriate registration authority shall—

(a) enter the relevant particulars in the register; or

(b) before the end of the relevant period refuse to enter the relevant particulars in the register (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).

(5) An establishment or undertaking which carries on a notifiable exempt activity and wishes to maintain its entry on the register must, within 12 months of the date that the particulars were entered or last renewed, provide to the appropriate registration authority a renewal notice including—

(a) a notice confirming that it continues to carry on the exempt activity together with such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for that purpose by the authority;

(b) such plans or other documents as the authority may reasonably require;

(c) the quantity of waste to be disposed of or recovered; and

(d) any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

(6) An establishment or undertaking which wishes to dispose of or recover a quantity of waste which exceeds the amount notified by it to the appropriate registration authority shall provide a revised notification under paragraph (1) (including any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995).

(7) The appropriate registration authority shall remove from the register an entry in relation to an establishment or undertaking which carries on a notifiable exempt activity if—

(a) it has not received a renewal notice in accordance with paragraph (5) within 12 months of the date on which the particulars were entered into the register or were last renewed; or

(b) it has decided to refuse to renew a registration in response to such a notice within the relevant period (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).

(8) Subject to paragraph (9), an establishment or undertaking carrying on a notifiable exempt activity shall keep records of the quantity, nature, origin, and where relevant destination and treatment method of all waste disposed of or recovered in the course of that activity.

(9) Paragraph (8) does not apply in relation to the carrying on of an exempt activity under—

(a) paragraph 9A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 cubic metres; or

(b) paragraph 19A of Schedule 3 at any place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 tonnes.

(10) Records kept under paragraph (8) shall be kept for a period of at least two years in such form as to show for each month the total quantity of waste disposed of or recovered at that place during that month, and during those two years shall be made available to the appropriate registration authority on request.

(11) An establishment or undertaking which carries on an exempt activity in breach of paragraph (6), (8) or (10) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(12) In this regulation, “the relevant period” means the period of 35 days beginning with the date of receipt of the notice by the authority (or such longer period as the appropriate registration authority and establishment or undertaking may agree in writing).”.