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Statutory Rules of Northern Ireland

2003 No. 493

ENVIRONMENTAL PROTECTION

The Waste Management Licensing Regulations (Northern Ireland) 2003

Made

28th November 2003

Coming into operation

19th December 2003

The Department of the Environment, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to (i) the prevention, reduction and elimination of pollution of water, the prevention, reduction and elimination of pollution caused by waste, the regulation and control of the transit, import and export of waste (including recyclable materials) and (ii) the prevention of waste from vehicles and forms of recovery of end of life vehicles and their components, in exercise of the powers conferred on it by section 2(2) of that Act, sections 7(1) and(2) and 25(3) of the Food and Environment Protection Act 1985(3), Article 30 of the Industrial Pollution Control (Northern Ireland) Order 1997(4), Articles 2(2), (3), (4) and (8), 3(3)(a) and (5), 4(3), 6(6), 17(9), 34(1), 38(3)(a), 39 and 77 of the Waste and Contaminated Land (Northern Ireland) Order 1997(5) (having in particular had regard in exercising its power under Article 4(3) of that Order to the matters specified in Article 4(4) of that Order) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Modifications etc. (not altering text)

Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Waste Management Licensing Regulations (Northern Ireland) 2003 and shall come into operation on 19th December 2003.

(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(3) In these Regulations, unless the context otherwise requires –

“the 1978 Order” means the Pollution Control and Local Government (Northern Ireland) Order 1978(7);

“the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997;

“the 1998 Regulations” means the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998(8);

“the 2003 Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003(9);

[F1“the 2003 Landfill Regulations” means the Landfill Regulations (Northern Ireland) 2003;]

“the Industrial Pollution Control Order” means the Industrial Pollution Control (Northern Ireland) Order 1997;

“the Water Order” means the Water (Northern Ireland) Order 1999(10);

[F2“the Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC;]

[F3“Commission Directive (EU) 2015/1127” means Commission Directive (EU) 2015/1127 of 10th July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives;]

[F4“the Community Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation) [F5as amended by Directive 2010/63/EU of the European Parliament of the Council];]

[F6“the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2017/997;]

“the End of Life Vehicles Directive” means Directive 2000/53/EC of the European Parliament and of the Council(11) [F7as last amended by Directive (EU) 2017/2096/EC];

[F8“the Waste Electrical and Electronic Equipment Directive” or “WEEE Directive” means Directive 2012/19/EU of the European Parliament and of the Council of 4th July 2012 on waste electrical and electronic equipment(7) which replaces Directive 2002/96/EC(8) as amended by Council Directive 2003/108/EC(9) and Directive 2008/34/EC(10)”]

[F9“agriculture” has the same meaning as in the Agriculture Act (Northern Ireland) 1949;]

[F9“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act (Northern Ireland) 1949;]

[F4“animal by-products” has the same meaning as in Article 3(1) of the Community Regulation.]

“authorised treatment facility” means any establishment or undertaking carrying out the treatment of end of life vehicles under a waste management licence or a disposal licence and in compliance with Article 6 of the End of Life Vehicles Directive and Articles 9, 10 and 11 of the Directive;

[F2“automotive battery or accumulator” means any battery or accumulator used for automotive starter, lighting or ignition power;]

[F2“battery or accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);

“battery pack” means any set of batteries or accumulators that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;]

[F10“best available treatment, recovery and recycling techniques” has the meaning given in the document published by the Department on 5th December 2006, entitled “Guidance on Best Available Treatment, Recovery and Recycling Techniques (BATRRT) and Treatment of Waste Electrical and Electronic Equipment (WEEE);]

[F11“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;]

“clinical waste” has the meaning given by regulation 2(1) of the Controlled Waste Regulations (Northern Ireland) 2002(14);

“construction work” includes the repair, alteration or improvement of existing works;

[F11“controlled waste” means household, industrial and commercial waste or any such waste;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;]

“depollute”, in relation to an end of life vehicle, means to carry out on it any of the operations described in paragraph 3 of Part II of Schedule 5 and only when all such operations have been completed shall a vehicle be regarded as “depolluted”; “depollution” and any cognate expressions shall be construed accordingly;

[F12“Directive waste” means anything that, subject to paragraph 38(a) of Schedule 2, is waste within the meaning of Article 3(1) of the Directive, as read with Articles 5 and 6, and which is not excluded from the scope of the Directive by Article 2(1),(2) or (3);]

[F2“distributor” means any person that provides batteries or accumulators on a professional basis to an end-user;]

[F13“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I to the Directive(12) sets out a non-exhaustive list of disposal operations);]

“disposal licence” means a licence issued under Article 7 of the 1978 Order;

[F10“electrical and electronic equipment” or “EEE” has the meaning given by Article 3(a) of the WEEE Directive;]

[F2“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose;]

[F14“end of life vehicle” means any vehicle designated as category M1 or N1 defined in Annex IIA to Directive 70/156/EEC, and three wheel motor vehicles as defined in Directive 92/61/EEC but excluding motor tricycles, which is waste within the meaning of the Directive;]

[F15”European Waste Catalogue” means the List of Wastes as set out in the Annex to Commission Decision 2000/532/EC, as amended from time to time and as also defined in regulation 5 of the Hazardous Waste Regulations (Northern Ireland) 2005;]

“exempt activity” means any of the activities set out in Part I of Schedule 2;

“impermeable pavement” means a pavement in the area where a waste recovery or storage operation takes place which is capable of containing any spillage of waste received and is connected to a drainage system with impermeable components which does not leak and which will ensure that –

(a)

no liquid will run off the pavement otherwise than via the drainage system; and

(b)

except where they may be lawfully discharged, all liquids entering the drainage system are collected in a sealed sump;

[F2“industrial battery or accumulator” means any battery, accumulator or battery pack which is—

(a)

designed exclusively for industrial or professional uses;

(b)

used as a source of power for propulsion in an electric vehicle;

(c)

unsealed but is not an automotive battery or accumulator; or

(d)

sealed but is not a portable battery or accumulator;]

[F9“mines or quarries waste” means waste from a mine or quarry;]

“operational land” has the meaning given by Article 2 of the Planning (General Development) Order (Northern Ireland) 1993(15);

[F9“plant tissue” means tissue from a plant and “plant” has the same meaning as in Article 2 of the Plant Health Order (Northern Ireland) 2006]

[F2“portable battery or accumulator” means any battery, accumulator or battery pack which—

(a)

is sealed;

(b)

can be hand-carried by an average natural person without difficulty; and

(c)

is neither an automotive battery or accumulator nor an industrial battery or accumulator;]

[F16“recovery”—

(a)

in relation to WEEE has the meaning given by Article 30(f) of the WEEE Directive;

(b)

in relation to any other type of waste, means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II to the Directive, as amended by Commission Directive (EU) 2015/1127, sets out a non-exhaustive list of recovery operations;]

[F17“recycling”—

(a)

in relation to waste batteries or accumulators, means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;

(b)

in relation to any other waste, means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;]

“resolution” means a resolution passed under Article 13 of the 1978 Order;

[F18“re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;]

“scrap metal” has the meaning given by regulation 1(2) of the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002(16) except, unless otherwise stated, scrap metal shall not include end of life vehicles or their components unless and until such vehicles or their components have been depolluted in accordance with Part II of Schedule 5;

[F19“hazardous waste” means that term as defined by regulation 6 of the Hazardous Waste Regulations (Northern Ireland) 2005;]

[F20“treatment”—

(a)

in relation to waste batteries or accumulators, means any activity carried out on waste batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling or preparation for disposal;

(b)

in relation to any other waste, means recovery or disposal operations, including preparation prior to recovery or disposal;]

“treatment of end of life vehicles” means any activity after the end of life vehicle has been handed over to an authorised treatment facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredded wastes and any other operation carried out for the recovery and/or disposal of the end of life vehicle and its components;

[F21“waste” means—

(a)

Directive waste;

(b)

radioactive waste where it is—

(i)

exempt from the requirement for authorisation by virtue of an order which was made, or has effect as if made, under section 15(2) of the Radioactive Substances Act 1993(13); and

(ii)

subject to an activity falling within Schedule 2 of these Regulations and regulation 15 of the Hazardous Waste Regulations (Northern Ireland) 2005(14);]

[F22“waste battery or accumulator” means any battery or accumulator which is waste within the meaning of the Directive;]

[F23“waste electrical and electronic equipment” or “WEEE” means electrical or electronic equipment which is waste within the meaning of Article 3(1) of Directive 2008/98/EC, including all components, sub-assemblies and consumables, which are part of the product at the time of discarding;]

[F24“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;]

“waterway” has the meaning given by Article 2(2) of the Water Order;

“work” includes preparatory work.

(4) For the purposes of these Regulations a person carries on business as a scrap metal dealer if he carries on a business which consists wholly or partly of buying and selling scrap metal, whether the scrap metal sold is in the form in which it was bought or otherwise, other than a business in the course of which scrap metal is not bought except as materials for the manufacture of other articles and is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture.

F25(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(5) Any six digit code used to refer to a waste in these Regulations is a reference to that waste as specified by the six digit code in the European Waste Catalogue.]

Textual Amendments

F21Words in reg. 1(3) inserted (8.4.2011) by virtue of The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 36(j) (with reg. 9(2))

Commencement Information

I1Reg. 1 in operation at 19.12.2003, see reg. 1(1)

OffencesN.I.

[F272.  Schedule 6 has effect to prescribe offences for the purposes of Article 3(3)(a) of the 1997 Order.]

Textual Amendments

Technical competenceN.I.

[F283.—(1) Without prejudice to the European Communities (Recognition of Professional Qualification) Regulations 2002, Schedule 1 has effect to prescribe the qualifications and experience required of a person if that person is to be considered technically competent for the purposes of Article 3(3)(b) of the 1997 Order (management of activities to be in the hands of a technically competent person).

(2) A person holding an existing Certificate of Technical Competence shall be required to acquire a relevant up-to-date qualification as detailed in Schedule 1 within 24 months of the date of operation of these Regulations.

(3) A person who has acquired technical competence must undertake an assessment every 24 months to ensure that that competence is kept up to date.]

Textual Amendments

Technical competence – transitional provisionsN.I.

F294.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Pre-qualification technical competenceN.I.

5.—(1) Where: –

[F30(a)a person has applied to the Waste Management Industry and Advisory Board (“WAMITAB”) for an Operator Competence Certificate in relation to one of the types of activities mentioned in paragraph (2);]

(b)an application has been made for a waste management licence to authorise activities whose management is intended to be in that person’s hands;

(c)the activities mentioned in sub-paragraph (b) are to be carried on at a facility of the same type as that in relation to which the application mentioned in sub-paragraph (a) was made; and

[F31(d)the Department is satisfied that but for regulation 3 he would be a technically competent person, then, in relation to the activity in respect of which the application mentioned in sub-paragraph (b) was made and until the expiry of 12 months from the grant of a licence pursuant to that application, regulation 3 shall not apply to that person and he shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 Order.]

then, in relation to the facility in respect of which the application mentioned in sub-paragraph (b) was made and until the expiry of two years from the grant of a licence pursuant to that application, regulation 3 shall not apply to that person and he shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 Order.

(2) The types of facility mentioned in paragraph (1)(a) are all those listed in Table 1 other than any type of landfill site.

Textual Amendments

Commencement Information

I2Reg. 5 in operation at 19.12.2003, see reg. 1(1)

Notice of appealN.I.

6.—(1) A person who wishes to appeal to the Planning Appeals Commission under Article 17 or 36(5) of the 1997 Order (appeals to the Planning Appeals Commission from decisions with respect to licences or from determinations that information is not commercially confidential) shall do so by notice in writing.

(2) The notice shall be accompanied by –

(a)a statement of the grounds of appeal;

(b)where the appeal relates to an application for a waste management licence or for the modification, surrender or transfer of a waste management licence, a copy of the appellant’s application and any supporting documents;

(c)where the appeal relates to a determination under Article 36(2) or (4) of the 1997 Order that information is not commercially confidential, the information in question;

(d)where the appeal relates to an existing waste management licence (including a waste management licence which has been suspended or revoked), a copy of that waste management licence;

(e)a copy of any correspondence relevant to the appeal;

(f)a copy of any other document relevant to the appeal including, in particular, any relevant consent, determination, notice, planning permission under the Planning (Northern Ireland) Order 1991(17) or consent under the Water Order; and

(g)a statement indicating whether the appellant wishes to appear before and be heard by the Planning Appeals Commission.

(3) On receipt of an appeal the Planning Appeals Commission shall give notice of the appeal to the Department together with copies of the documents mentioned in paragraph (2).

(4) If the appellant wishes to withdraw an appeal, he shall do so by notifying the Planning Appeals Commission in writing and shall send a copy of that notification to the Department.

Commencement Information

I3Reg. 6 in operation at 19.12.2003, see reg. 1(1)

Time limit for making an appealN.I.

7.  Notice of appeal shall be given –

(a)in the case of an appeal under Article 17 of the 1997 Order, before the expiry of the period of 2 months beginning with –

(i)the date of the decision which is the subject of the appeal; or

(ii)the date on which the Department is deemed by Article 8(6), 10(5), 13(9) or 14(6) of the 1997 Order to have refused the application;

(b)in the case of an appeal under Article 36(5) of the 1997 Order, before the expiry of the period of 21 days beginning with the date on which the determination which is the subject of the appeal is notified to the person concerned.

Commencement Information

I4Reg. 7 in operation at 19.12.2003, see reg. 1(1)

Notification of determinationN.I.

8.—(1) The Planning Appeals Commission shall notify the appellant in writing of its decision and of its reasons.

(2) The Planning Appeals Commission shall, at the same time as notifying the appellant of its decision, send the Department a copy of any document sent to the appellant under this regulation.

Commencement Information

I5Reg. 8 in operation at 19.12.2003, see reg. 1(1)

Particulars to be entered in public registersN.I.

9.—(1) Subject to Articles 35 and 36 of the 1997 Order and regulation 10, a register maintained by the Department under Article 34(1) of the 1997 Order shall contain full particulars of –

(a)current or recently current waste management licences (“licences”) granted by the Department and any associated working plans;

(b)current or recently current applications to the Department for licences, or for the transfer or modification of licences, including details of –

(i)documents submitted by applicants containing supporting information;

(ii)appropriate details of written representations considered by the Department under Article 8(5)(b), 9(6), 10(4) or 11(7) of the 1997 Order;

(iii)notices by the Department rejecting applications;

(iv)emergencies resulting in the postponement of references under Article 10(4)(a) of the 1997 Order;

(c)notices issued by the Department under Article 10 of the 1997 Order effecting the modification of licences;

(d)notices issued by the Department under Article 12 of the 1997 Order effecting the revocation or suspension of licences or imposing requirements on the holders of licences;

(e)notices of appeal under Article 17 of the 1997 Order relating to decisions of the Department and other documents relating to such appeals served on or sent to the Department under regulation 6(3) or (4) or 8(2);

(f)convictions of holders of licences granted by the Department for any offence under Part II of the 1997 Order (whether or not in relation to a licence) [F32or regulation 17(1) of the 2003 Landfill Regulations] including the name of the offender, the date of conviction, the penalty imposed and the name of the Court;

(g)reports produced by the Department in discharge of any functions under Article 16 of the 1997 Order, including details of –

(i)remedial or preventive action taken by the Department under Article 16(2) of the 1997 Order;

(ii)notices issued by the Department under Article 16(4) of the 1997 Order;

(h)any monitoring information relating to the carrying on of any activity under a licence granted by the Department which was obtained by the Department as a result of its own monitoring or was furnished to the Department in writing by virtue of any condition of the licence or Article 44(1) of the 1997 Order;

(i)any summary prepared by the Department of the amount of [F19hazardous waste] produced or disposed of;

(j)registers and records provided to any district council under regulation 14(5) or 15(1) of the Special Waste Regulations (Northern Ireland) 1998;

(k)applications to the Department under Article 13 of the 1997 Order for the surrender of licences, including details of –

(i)documents submitted by applicants containing supporting information and evidence;

(ii)information and evidence obtained under Article 13(4) of the 1997 Order;

(iii)appropriate details of written representations considered by the Department under Article 13(6)(b) of the 1997 Order; and

(iv)notices of determination and certificates of completion issued under Article 13(8) of the 1997 Order;

(l)reports produced under Article 73(2) of the 1997 Order by a person authorised under that Article;

(m)information on exempt activities in accordance with regulation 18(2);

[F33[F34(n)all particulars of any conditioning plan submitted to the Department under paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of Schedule 4 to the 2003 Landfill Regulations.]

(o)all particulars of any notice of a decision under paragraph 1(6) of Schedule 4 to the 2003 Landfill Regulations;

(p)all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2003 Landfill Regulations.]

(2) The register shall also contain the following –

(a)where a person authorised by the Department exercises any power under Article 72(2) of the 1997 Order, a record showing when the power was exercised and indicating what information was obtained, and what action was taken, on that occasion;

(b)where any information is excluded from the register by virtue of Article 36 of the 1997 Order and the information shows whether or not there is compliance with any condition of a waste management licence, a statement based on that information indicating whether or not there is compliance with that condition.

(3) For the purposes of this regulation, waste management licences are “recently” current for the period of twelve months after they cease to be in force, and applications for waste management licences, or for the transfer or modification of such licences, are “recently” current if they relate to a waste management licence which is current or recently current or, in the case of an application which is refused, for the period of twelve months beginning with the date on which the Department gives notice of refusal or, as the case may be, on which the application is deemed by Article 8(6), 10(5) or 14(6) of the 1997 Order to have been refused.

Textual Amendments

F33Reg. 9(1)(n)-(p) inserted (6.1.2004) by The Landfill Regulations (Northern Ireland) 2003 (S.R. 2003/496), reg. 1, Sch. 5 para. 2(3)(a) (as amended 16.7.2004) by S.R. 2004/297, regs. 1, 9(6)) (with Sch. 4)

Commencement Information

I6Reg. 9 in operation at 19.12.2003, see reg. 1(1)

Information to be excluded or removed from a registerN.I.

10.—(1) Nothing in regulation 9(1)(g) or (l) or regulation 9(2) shall require a register maintained by the Department under Article 34(1) of the 1997 Order to contain information relating to, or to anything which is the subject-matter of, any criminal proceedings (including prospective proceedings) at any time before those proceedings are finally disposed of.

(2) Nothing in regulation 9 shall require a register maintained by the Department under Article 34(1) of the 1997 Order to contain –

(a)any such monitoring information as is mentioned in regulation 9(1)(h) after 4 years have elapsed from that information being entered in the register; or

(b)any information which has been superseded by later information after 4 years have elapsed from that later information being entered in the register.

Commencement Information

I7Reg. 10 in operation at 19.12.2003, see reg. 1(1)

Mobile plantN.I.

11.—(1) Plant of the following descriptions, if it is designed to move or be moved by any means from place to place with a view to being used at each such place or, if not so designed, is readily capable of so moving or being so moved, but no other plant, shall be treated as being mobile plant for the purposes of Part II of the 1997 Order –

(a)an incinerator which is an exempt incinerator for the purposes of section 5.1 of Schedule 1 to the 1998 Regulations or Section 5.1 of Part I of Schedule 1 to the 2003 Regulations;

(b)plant for –

(i)the recovery, by filtration or heat treatment, of waste oil from electrical equipment;

(ii)the destruction by dechlorination of waste polychlorinated biphenyls or terphenyls (PCBs or PCTs);

(iii)the collection or storage of a controlled substance from any waste product, installation or equipment;

(c)plant for the vitrification of waste;

(d)plant for the treatment of clinical waste;

(e)plant for the treatment of waste soil;

(f)plant for the dewatering of muds, sludges, soils and dredgings;

(g)plant for the treatment by lime stabilisation of sludge;

(h)plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or a [F35waterway;]

[F36(i)plant for the crushing of gas discharge lamps.]

(2) In this regulation “controlled substance” means any one of the following: – chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1.1.1 trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons.

Textual Amendments

Commencement Information

I8Reg. 11 in operation at 19.12.2003, see reg. 1(1)

[F37Conditions of site licences: WEEEN.I.

11A.  The Department shall ensure that any site licence granted or varied on or after 12th June 2014 authorising an establishment or undertaking carrying out treatment operations to store or treat WEEE contains such conditions as it considers necessary to give effect to the provisions of Article 8(1),(2) and (3), Article 9(3) and Annexes VII and VIII of the WEEE Directive.]

Textual Amendments

[F38Conditions of waste management licences: waste batteries and accumulatorsN.I.

11B.  The Department shall ensure that any waste management licence granted or varied on or after 20th May 2009 authorising an establishment or undertaking to carry out treatment of waste batteries or accumulators contains such conditions as it considers necessary to give effect to Article 12(2) and Annex III, Part A of the Batteries Directive.]

Textual Amendments

[F39Conditions of waste management licences: calculation of recycling efficiencies of the recycling processes of waste batteries and accumulatorsN.I.

11C.—(1) The Department must exercise its relevant functions so as to ensure compliance with Article 3 of Regulation (EU) No 493/2012; and for the purposes of Article 3(4) of that Regulation the Department is the competent authority.

(2) Regulation (EU) No 493/2012 means Regulation (EU) No 493/2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators.]

Textual Amendments

[F40Conditions of waste management licences: separately collected food wasteN.I.

11D.—(1) The Department shall ensure that any waste management licence granted or varied on or after 1st April 2015 authorising the storage or treatment (or both) of food waste contains such conditions as it considers necessary to ensure that no waste collected and transported in accordance with Article 5(2E) of the 1997 Order is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.

(2) Any waste management licence granted before 1st April 2015 authorising the storage or treatment (or both) of food waste and which continues in existence after that date shall be deemed to contain a condition requiring the operator to ensure that food waste collected and transported in accordance with Article 5(2E) of the 1997 Order is not mixed with any other waste or any material, to the extent that mixing would hamper future recycling.]

Textual Amendments

[F41Health at WorkN.I.

12.—(1) With the exception of a Ship Recycling Permit, no conditions shall be imposed in any waste management licence, disposal licence or resolution for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work (Northern Ireland) Order 1978 ).

(2) In this regulation “Ship Recycling Permit” means a waste management licence granted under Article 6 (Waste management licences: general) of the Waste and Contaminated Land (Northern Ireland) Order 1997 or a permit granted under regulation 10 (Permits: general provisions) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 to ensure compliance with Articles 13 and 14 of Regulation (EU) No. 1257/2013 of the European Parliament and of the Council on ship recycling .]

Textual Amendments

Waste oilsN.I.

13.—(1) Where a waste management licence, disposal licence or resolution authorises the regeneration of waste oil, it shall include conditions which ensure that base oils derived from regeneration do not constitute a toxic and dangerous waste and do not contain PCBs or PCTs at all or do not contain them in concentrations beyond a specified maximum limit which in no case is to exceed 50 parts per million.

(2) Where a waste management licence, disposal licence or resolution authorises the keeping of waste oil, it shall include conditions which ensure that it is not mixed with toxic and dangerous waste or PCBs or PCTS.

(3) In this regulation –

“PCBs or PCTs” means polychlorinated biphenyls, polychlorinated terphenyls and mixtures containing one or both of such substances; and

“toxic and dangerous waste” means any waste containing or contaminated by arsenic, arsenic compounds, mercury, mercury compounds, cadmium, cadmium compounds, thallium, thallium compounds, beryllium, beryllium compounds, chrome 6 compounds, lead, lead compounds, antimony, antimony compounds, phenols, phenol compounds, cyanides, organic and inorganic isocyanates, organic-halogen compounds, excluding inert polymeric materials and other substances referred to in this list or covered by other Directives concerning the disposal of toxic or dangerous waste, chlorinated solvents, organic solvents, biocides and phyto-pharmaceutical substances, tarry materials from refining and tar residues from distilling, pharmaceutical compounds, peroxides, chlorates, perchlorates and azides, ethers, chemical laboratory materials, not identifiable and/or new, whose effects on the environment are not known, asbestos (dust and fibres), selenium, selenium compounds, tellurium, tellurium compounds, aromatic polycyclic compounds (with carcinogenic effects), metal carbonyls, soluble copper compounds, acids and/or basic substances used in the surface treatment and finishing of metal; of such a nature, in such quantities or in such concentrations as to constitute a risk to health or the environment.

Commencement Information

I9Reg. 13 in operation at 19.12.2003, see reg. 1(1)

GroundwaterN.I.

F4214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendments to the Groundwater Regulations (Northern Ireland) 1998N.I.

15.—(1) The Groundwater Regulations (Northern Ireland) 1998(18) shall be amended as follows.

(2) In regulation 2(1) (Interpretation) –

(a)after the definition of direct discharge add –

““existing disposal licence” and “existing resolution of a district council” shall have the meanings given by Article 47(1) of the Waste and Contaminated Land (Northern Ireland) Order 1997;” and

(b)at the end add –

““waste management licence” means a waste management licence issued under the Waste and Contaminated Land (Northern Ireland) Order 1997.”.

(3) At the end of regulation 3 (Exclusions from these Regulations) add –

“(d)any activity for which a waste management licence has been granted or in respect of which an existing disposal licence or an existing resolution of a district council subsists.”.

Commencement Information

I10Reg. 15 in operation at 19.12.2003, see reg. 1(1)

Exclusion of activities under other control regimes from waste management licensingN.I.

16.—(1) Subject to paragraph (2), Article 4(1)(a), (b) and (c) of the 1997 Order shall not apply in relation to the carrying on of any of the following activities –

(a)the deposit in or on land, recovery or disposal of waste under an authorisation granted under the Industrial Pollution Control Order where the activity is or forms part of a process designated for integrated central control under Article 3(4) of that Order;

(b)the disposal of waste under an authorisation granted under the Industrial Pollution Control Order where the activity is or forms part of a process within paragraph (a) of Part C of Section 5.1 (incineration) of Schedule 1 to the 1998 Regulations in so far as the activity results in releases of substances into the air;

(c)the deposit in or on land, recovery or disposal of waste under a permit granted under the 2003 Regulations to operate a Part A installation;

(d)the disposal of waste under a permit granted under the 2003 Regulations where the activity is or forms part of an activity within paragraph (a) or (b) of Part C of section 5.1 (incineration) of Part I of Schedule 1 to those Regulations in so far as the activity results in the release of substances into the air;

(e)the discharge of liquid waste under a consent under the Water Order or the Water and Sewerage Services (Northern Ireland) Order 1973; F43...

(f)the recovery or disposal of waste where the activity is or forms part of an operation which is for the time being, either –

(i)the subject of a licence under Part II of the Food and Environment Protection Act 1985(19); or

(ii)carried on in circumstances where such a licence would be required but for an order under section 7 of that Act [F44; or

(iii)the subject of a licence under Part 4 of the Marine and Coastal Access Act 2009] [F45; and

(g)the disposal of agricultural waste in or on land under an authorisation under regulation 17 of the Groundwater Regulations (Northern Ireland) 1998.]

(2) Paragraph (1)(a), (b) and (d) does not apply insofar as the activity involves the final disposal of waste by deposit in or on land.

[F46(2A) Paragraph (1)(f)(iii) does not apply to a working dry dock area within a port regulated by a harbour order under the Harbours Act (Northern Ireland) 1970.]

(3) In paragraph (1)(c) “Part A installation” has the meaning given by regulation 2(2) of the 2003 Regulations.

Textual Amendments

F44Reg. 16(1)(f)(iii) and word substituted for full stop (8.4.2011) by virtue of The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 38(1)(a) (with reg. 9(2))

Commencement Information

I11Reg. 16 in operation at 19.12.2003, see reg. 1(1)

[F47Exclusion from waste management licensing: waste batteries and accumulatorsN.I.

16A.  Article 4(1)(a), (b) and (c) of the 1997 Order shall not apply in relation to the storage of waste portable batteries or accumulators at a collection point where “ collection point” means a place where end-users are able to deposit waste portable batteries or accumulators at the premises of a distributor fulfilling its duty to take back such waste portable batteries or accumulators under Article 8(1)(b) of the Batteries Directive.]

Textual Amendments

Exemptions from waste management licensingN.I.

17.—(1) Subject to the following provisions of this regulation and of regulations 18, 19 and 20 and to any conditions or limitations in Part I of Schedule 2, Article 4(1)(a) and (b) of the 1997 Order shall not apply in relation to the carrying on of any exempt activity.

(2) In the case of an exempt activity which is carried out on land, paragraph (1) only applies if –

(a)the exempt activity is carried on by or with the consent of the occupier of the land where the activity is carried on; or

(b)the person carrying on the exempt activity is otherwise entitled to do so on that land.

(3) Unless otherwise indicated in Part I of Schedule 2, paragraph (1) does not apply to the carrying on of an exempt activity in so far as it involves [F19hazardous waste] or treatment of end of life vehicles.

[F48(3A) Unless otherwise indicated in Part I of Schedule 2, paragraph (1) above does not apply to the carrying out of an exempt activity in so far as it involves the storage or treatment of WEEE [F49or waste batteries or accumulators].]

(4) Paragraph (1) only applies in relation to an exempt activity by an establishment or undertaking if –

(a)the type and quantity of waste submitted to the activity, and the method of disposal or recovery of waste is consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part I of Schedule 3;

(b)any information required under regulation 18(3) and 18(5) and the fee (if any) required under regulation 18(12) have been sent to the Department in the manner specified therein.

(5) Subject to paragraph (6), paragraph (1) shall not apply to any exempt activity if that activity is carried out or is proposed to be carried out in or on land which is in the occupation of a person who is the holder of a licence for that land.

(6) Paragraph (5) shall not apply where the establishment or undertaking has received written approval from the Department for the activity in question.

(7) For the purposes of paragraph (5), any reference to a licence shall include a reference to an existing disposal licence or an existing resolution of a district council as defined in Article 47(1) of the 1997 Order.

(8) Paragraph (4)(b) and regulations 18 to 20 shall not apply to exempt activities which are set out in paragraphs 27, 32, 33, 35, 37, 38, 39, 41, 42 or 43 of Part I of Schedule 2.

Textual Amendments

Commencement Information

I12Reg. 17 in operation at 19.12.2003, see reg. 1(1)

Registration in connection with exempt activitiesN.I.

18.—(1) It shall be an offence for an establishment or undertaking to carry on, after 19th June 2004, an exempt activity without being registered with the Department.

(2) Subject to paragraph (3), the register maintained under Article 34(1) of the 1997 Order shall contain the following particulars in relation to each such establishment or undertaking which carries on an exempt activity –

(a)the name and address of the establishment or undertaking, its telephone number and, if applicable, fax number and e-mail address;

(b)the activity which constitutes the exempt activity;

(c)the place or places where the activity is carried on; and

(d)a copy of any information received by the Department under paragraphs (3) and (5).

(3) [F50Subject to paragraphs (4), (4A), (5), (5A) and (5B),] the Department shall enter the particulars referred to in paragraph (2) in the register in relation to an establishment or undertaking if it receives notice of them in writing and –

(a)that notice is provided to it by or on behalf of that establishment or undertaking;

(b)that notice is accompanied by a plan of each place at which any such exempt activity is carried on showing –

(i)the boundaries of that place;

(ii)the locations within that place at which the exempt activity is to be carried on;

(iii)the location and specifications of any impermeable pavements, drainage systems or hardstandings as are required by a relevant paragraph of Part I of Schedule 2.

(c)that notice contains the correct 6 figure Ordnance Survey Irish grid reference showing the location of each place referred to in sub-paragraph (b);

(d)that notice is accompanied by a payment of any fee in respect of each place where any such exempt activity is being carried on; and

(e)the registration has not been refused under regulation 20.

(4) Paragraph 3(b) and (c) shall not apply to the exempt [F51activity set out in paragraph 31] of Part I of Schedule 2 [F52or where the waste which is the subject of the exempt activity consists of agricultural waste.]

[F53(4A) Paragraph (3)(d) shall not apply to an exempt activity where the waste which is the subject of the exempt activity consists of agricultural waste.]

[F54(5) In the case of exempt activities set out in [F55paragraph 9], 10, 11, 13, 19, or 45 of Part I of Schedule 2, except where the waste which is the subject of the exempt activity consists of agricultural waste, any additional information specified in Part II of that Schedule shall be entered in the register.

(5A) In the case of exempt activities set out in paragraphs 9, 10, 11, 25 or 47A of Part I of Schedule 2, where the waste which is the subject of the exempt activity consists of agricultural waste or in any event where the activity is carried out under paragraph 25 the establishment or undertaking shall provide to the Department details of the benefit to agriculture or ecological improvement in accordance with Part III of Schedule 2 and these details shall be entered in the register.]

[F56(5B) In the case of an exempt activity falling within paragraph 49 of Part I of Schedule 2 the Department shall enter the relevant particulars in relation to an establishment or undertaking only if it has carried out an inspection of the place at which the exempt activity is to be carried on in accordance with sub-paragraph (4A) of paragraph 13 of Schedule 3 and is satisfied as to the particulars to be verified under that sub-paragraph.]

(6) Subject to paragraph (7), the information to be notified to the Department shall be given in writing no later than 28 days before any exempt activity is carried out on the relevant land.

(7) In the case of an exempt activity set out in paragraph 47 of Part I of Schedule 2, the necessary information shall be notified to the Department as soon as is practicable.

(8) Subject to paragraph (9), the registration of an exempt activity shall cease to have effect on the expiry of the period of 3 years beginning with and including the date of the registration or the date of renewal under paragraph (11).

(9) In the case of exempt activities set out in paragraphs 9, 10, 11, 13, 19, 45, 46 and 47 of Part I of Schedule 2, paragraph (8) shall have effect as if for “3 years” there is substituted “1 year”.

(10) The Department shall, no later than 2 months before the expiry of the periods mentioned in paragraphs (8) and (9), serve on a registered establishment or undertaking a notice specifying –

(a)the date on which the registration will expire; and

(b)the effect of the expiry of the registration.

(11) The Department shall renew the particulars registered in respect of an exempt activity at the date of expiry of the previous registration relating to such activity (“the expiry date”) if no later than 28 days before the expiry date the establishment or undertaking carrying on such activity –

(a)serves written notice on the Department of its desire to renew the registration;

(b)pays on or before the expiry date the fee specified in accordance with paragraph (12) for such renewal;

(c)confirms in such notice that there are no changes in the particulars registered in relation to that activity; or

(d)if there are any such changes, specifies in such notice the details of the changes and provides the amended documents and/or plans as may be required under paragraphs (3) and (5) in relation to the activity.

(12) [F57Subject to paragraph (4A) and regulation 19(2)], for the purposes of paragraph (3), the Department shall charge an applicant in respect of its consideration of his application –

(a)in the case of exempt activities set out in paragraphs [F581-7], 12, 14-18, 20-26, 28-31, 34, 36 and 40 and 44 of Part I of Schedule 2, a fee of [F59£909] payable [F60every 3 years;]

(b)in the case of exempt activities set out in paragraphs 9-11, 13, [F6119, 45-47 and 49-52 of Part 1 of Schedule 2, an annual fee of [F62£659]] [F63; and]

[F64(c)in the case of exempt activities set out in paragraphs [F6549, 50, 51 and 52] of Part I of Schedule 2, an annual fee of [F66£659].]

(13) On entering the particulars referred to in paragraph (2) in the register referred to in paragraph (2) the Department shall issue to the establishment or undertaking to whom the particulars relate, a notice confirming that such particulars have been so registered and giving the date of entry of such particulars on the register.

(14) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F54Reg. 18(5)(5A) substituted for reg. 18(5) (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 12(4)

Commencement Information

I13Reg. 18 in operation at 19.12.2003, see reg. 1(1)

Registration obligationsN.I.

19.—(1) Subject to paragraph (2), in the case of an exempt activity set out in the first column of Part II of Schedule 2, the relevant obligations set out in the second column of that Schedule (“the registration obligations”) shall apply to the registration of that activity.

(2) The Department may notify an establishment or undertaking in writing that some or all of the information required by regulation 18 [F67or any fee required] does not need to be included with any notification under that regulation.

(3) Without prejudice to any requirement to keep records under paragraph 14 of Part I of Schedule 3, an establishment or undertaking carrying out an exempt activity to which this regulation applies, shall keep copies of the plans and documents specified in Part II of Schedule 2 for a period of at least 2 years.

Textual Amendments

Commencement Information

I14Reg. 19 in operation at 19.12.2003, see reg. 1(1)

Refusal, revocation and cessation of registrationN.I.

20.—(1) The Department may refuse to register an exempt activity in the event that the activity or, as the case may be, the content of the notification under regulation 18 does not comply with any requirements of regulations 17(4), 18(2) and 18(3) or any conditions or limitations set out in respect of the exempt activity in regulation 19(1) and 19(2) and in Parts I and II of Schedule 2.

(2) Where the Department has refused to register an activity under paragraph (1), it shall serve a notice on the establishment or undertaking stating that the registration has been refused and giving the reasons for its decision.

(3) [F68Subject to paragraph (3A) unless the Department] has within the period of 28 days from the date on which it received a notice under regulation 18(3), either –

(a)entered the relevant particulars in the register in relation to the establishment or undertaking which submitted the notice; or

(b)served on it a notice of refusal stating that registration is refused and giving reasons for that decision,

those particulars shall be entered in the register at the end of that 28 day period.

[F69(3A) In the case of an exempt activity falling within paragraph 49 of Part I Schedule 2, unless the Department has within two months from the date on which it received a notice under regulation 18(3), either:

(i)entered the relevant particulars in the register in relation to the establishment or undertaking that submitted the notice; or

(ii)served on it a notice of refusal stating that registration is refused and giving the reasons for the decision,

those particulars shall be entered in the register at the end of the two month period.]

(4) If an establishment or undertaking fails to supply all of the information required under regulations 18 and 19, the 28-day period referred to in paragraph (3) shall commence on the date on which the Department receives all of that information.

(5) Subject to paragraphs (6) and (7), the Department may revoke the registration of an exempt activity where it is satisfied that –

(a)the establishment or undertaking to which the relevant entry relates no longer exists or has ceased to carry out that activity; or

(b)the activity is no longer being carried out in compliance with the conditions or limitations of the relevant paragraph of Part I of Schedule 2 or with the relevant provisions of [F70regulation 17(2) or (4);]

(c)there has been a breach of any of the registration obligations applicable to that [F71activity; or]

[F72(d)in the case of an exempt activity falling within paragraph 49 of Part I Schedule 2 where the competent authority has carried out an inspection in accordance with sub-paragraph (4A) of paragraph 13 of Schedule 3 and the particulars required to be verified under that sub-paragraph are not met.]

(6) Before revoking a registration, the Department shall serve on the establishment or undertaking carrying out the exempt activity, a notice (“a revocation notice”) stating that the registration is to be revoked and giving reasons for the decision.

(7) The revocation notice shall specify a date on which the revocation is to take place, which shall be at least 28 days after the date on which the notice is served.

(8) Subject to paragraph (9), details of registrations which have expired or which have been revoked under paragraph (5) shall remain on the register for a period of 4 years from the date of expiry or revocation.

(9) An entry retained on the register under paragraph (8) shall be appropriately marked to show that it has expired or been revoked.

(10) Nothing in this regulation shall prejudice the effect of the registration of the establishment or undertaking in respect of the period ending on the date on which the relevant entry is revoked or otherwise cancelled.

Textual Amendments

Commencement Information

I15Reg. 20 in operation at 19.12.2003, see reg. 1(1)

[F73Food waste exemptions from waste management licensingN.I.

20A.—(1) An establishment or undertaking carrying out an exempt activity in respect of food waste, under paragraphs 13 or 40 of Part 1 of Schedule 2 (Activities exempt from waste management licensing), may continue to carry out that activity at that place in accordance with these Regulations, as they were in operation immediately before 1 April 2015 until the determination date.

(2) “Determination date” in this regulation means where in accordance with regulation 18, notice is given by an establishment or undertaking in relation to an exempt activity in respect of food waste under paragraphs 13 or 40 of Part 1 of Schedule 2 (Activities exempt from waste management licensing), the date on which the Department enters the relevant particulars in the register or, if it refuses to do so, the date it notifies the establishment or undertaking of its decision.]

Textual Amendments

Waste Framework DirectiveN.I.

21.  Schedule 3 (which implements certain provisions of the Directive) shall have effect.

Commencement Information

I16Reg. 21 in operation at 19.12.2003, see reg. 1(1)

Registration of brokersN.I.

22.—[F74(1) Subject to paragraphs (2) to (4), it shall be an offence for an establishment or undertaking to arrange as a broker or dealer for the disposal or recovery of controlled waste on behalf of another person unless it is a registered broker of or dealer in controlled waste.]

(2) Paragraph (1) shall not apply in relation to an arrangement under which an establishment or undertaking will itself carry out the disposal or recovery of the waste and either –

[F75(a)it is authorised to carry out the disposal or recovery of the waste by a waste management licence under Article 6 of the 1997 Order, a disposal licence, a resolution, an authorisation under Articles 6 to 12 of the Industrial Pollution Control Order, a permit under the 2003 Regulations, a discharge consent under Article 9 of the Water Order, a licence under Part II of the Food and Environment Protection Act 1985 or a marine licence under section 65 of the Marine and Coastal Access Act 2009; or]

(b)the recovery of the waste is covered by an exemption conferred by –

(i)regulation 17(1) and Part I of Schedule 2; or

(ii)[F76Article 4 of the Marine Licensing (Exempted Activities) Order 2011].

(3) Paragraph (1) shall not apply in relation to an arrangement for the disposal or recovery of controlled waste made by a person who is registered as a carrier of controlled waste, or who is registered for the purposes of paragraph 12(1) of Part I of Schedule 3, if as part of the arrangement he transports the waste to or from any place in Northern Ireland.

(4) Paragraph (1) shall not apply to –

(a)a Government Department;

(b)a district council; or

(c)an establishment or undertaking which –

(i)is a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964(20);

(ii)is a voluntary body within the meaning of section 148 of the Local Government Act (Northern Ireland) 1972(21);

(iii)applies before 19 August 2004 in accordance with Schedule 4 for registration as a broker of controlled waste but only whilst its application is pending (and paragraph 1(2) and (5) of Schedule 4 shall apply for the purpose of determining whether an application is pending);

[F77(iv)arranges on behalf of another person (as dealer or broker) for the disposal or recovery of agricultural waste or mines or quarries waste only; or

(v)arranges on behalf of another person (as dealer or broker) for the disposal or recovery of waste comprising animal by-products only.]

[F78(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale;]

(6) Article 78 of the 1997 Order shall apply in relation to an offence under this regulation as it applies in relation to an offence under that Order.

(7) Schedule 4 (which makes provision for the registration of brokers [F79or dealers] of controlled waste) shall have effect.

(8) Articles 44(1) and (2) and 72 of the 1997 Order (power to obtain information and powers of enforcing authorities) shall have effect as if the provisions of this regulation and Schedule 4 were provisions of Part II of that Order.

Textual Amendments

Commencement Information

I17Reg. 22 in operation at 19.12.2003, see reg. 1(1)

Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995N.I.

F8023.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of the Special Waste Regulations (Northern Ireland) 1998N.I.

24.—(1) The Special Waste Regulations (Northern Ireland) 1998(22) shall be amended as follows.

(2) In regulation 1(4) the following definitions shall be inserted at the appropriate places –

“the 2003 Regulations” means the Waste Management Licensing Regulations (Northern Ireland) 2003;

“waste management licence” shall include a disposal licence and a resolution passed under Article 13 of the 1978 Order;.

(3) In regulation 14 (registers), for paragraphs (5), (6) and (7) there shall be substituted the following –

“(5) Subject to paragraphs (6) and (7), consignment notes and carrier’s schedules required by paragraph (3) to be kept by a person shall be retained until his waste management licence for the site in question is surrendered or revoked entirely, at which time he shall send the register to the Department for the site; and the Department shall retain the register for not less than three years after its receipt.

(6) Where, by virtue of regulation 16(1)(a) or (b) of the 2003 Regulations, Article 4(1)(a), (b) and (c) of the 1997 Order does not apply to any of the activities carried on at a site at which special waste is received, paragraph 5 shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his authorisation under the Industrial Pollution Control (Northern Ireland) Order 1997 for the site in question.

(6A) Where, by virtue of regulation 16(1)(c) or (d) of the 2003 Regulations, Article 4(1)(a), (b) and (c) of the 1997 Order does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 for the site in question.

(7) Where, in circumstances other than those mentioned in paragraph (6) or (6A), Article 4(1)(a) and (b) of the 1997 Order does not apply to any of the activities carried on at a site at which special waste is received, each consignment note and carrier’s schedule required to be kept in a register shall be kept in that register for not less than three years from the date on which the consignment of special waste to which it relates was received at the site to which it was transported.”.

Commencement Information

I18Reg. 24 in operation at 19.12.2003, see reg. 1(1)

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999N.I.

25.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999(23) shall be amended as follows.

(2) In regulation 1(2), the following definitions shall be inserted at the appropriate place –

“the 2003 Regulations” means the Waste Management Licensing Regulations (Northern Ireland) 2003;

“the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption as amended by and as read with –

(a)

Commission Regulation (EC) No. 808/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption;

(b)

Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures;

(c)

Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs;

(d)

Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil;

(e)

Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood;

(f)

Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants; and

(g)

Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcasses containing them;”.

(3) For regulation 2(1)(d) there shall be substituted –

“(d)any wholly owned subsidiary of the Northern Ireland Railways Company Limited which has applied in accordance with these Regulations for registration as a carrier of controlled waste but only –

(i)if it is registered under paragraph 12 of Part I of Schedule 3 to the 2003 Regulations; and

(ii)whilst its application is pending.”.

(4) For regulation 2(1)(j), there shall be substituted –

“(d)subject to paragraph (1A) a person transporting animal by-products provided that such transportation –

(i)is by the holder of an approval in accordance with the Community Regulation;

(ii)is in connection with the activity to which that approval relates; and

(iii)only involves waste which is animal by-products.”.

(5) After regulation 2(1), there shall be inserted –

“(1A) Regulation 2(1)(j) shall not apply to the transportation of animal by-products –

(a)for the purposes of their final deposit in or on land or for the purposes of their incineration or co-incineration;

(b)which are dead domestic pets; or

(c)which comprise or contain either catering waste or waste which is former foodstuffs unless such waste is to be fed to animals in accordance to Article 23(2) of the Community Regulation.

(1B) For the purpose of paragraph (1A), the reference to feeding waste to animals shall be taken to include a reference to feeding such waste to maggots.”.

(6) In regulation 2(2) –

(a)for the definition of “animal by-products” there shall be substituted –

““animal by-products” has the meaning given by Article 2 of the Community Regulation;”; and

(b)the following definitions shall be inserted at the appropriate places –

““catering waste”, “incineration” and “co-incineration” shall have the meaning set down in Annex I to the Community Regulation;

“former foodstuffs” are those animal by-products referred to in Article 6(1)(f) of the Community Regulation;

“wholly owned subsidiary” has the same meaning as in Article 4 of the Companies (Northern Ireland) Order 1986.”.

(7) After regulation 4(6), there shall be inserted the following paragraphs –

“(6A) Where an applicant wishes to apply to be registered both as a broker and as a carrier of controlled waste, he may make a combined application on a form provided by the Department for that purpose.

(6B) Where an applicant wishes to apply both for the renewal of his registration as a broker of controlled waste and for the renewal of his registration as a carrier of controlled waste, he may make a combined application on a form provided by the Department for that purpose.”.

(8) For regulation 4(7), there shall be substituted –

“(7) The Department shall provide a copy of the appropriate application form free of charge to any person requesting one.”.

(9) For regulation 4(8), there shall be substituted –

“(8) The Department shall charge an applicant in respect of its consideration of his application –

(a)subject to paragraph (c), in the case of either an application for registration as a carrier of controlled waste or a combined application for registration as both a carrier and broker of controlled waste, £120;

(b)in the case of either an application for the renewal of a registration as a carrier of controlled waste or a combined application for renewal of registration both as a carrier and as a broker of controlled waste, £60;

(c)in the case of an application by a registered broker of controlled waste for registration as a carrier of controlled waste, £30,

and the applicant shall pay the charge when he makes his application.”.

(10) After regulation 4(10) there shall be inserted –

“(11) In this regulation –

“broker of controlled waste” has the same meaning as in regulation 22 of, and Schedule 4 to, the 2003 Regulations;”.

Commencement Information

I19Reg. 25 in operation at 19.12.2003, see reg. 1(1)

End of Life Vehicles DirectiveN.I.

26.—(1) Schedule 5 (which implements certain provisions of the End of Life Vehicles Directive) shall have effect.

(2) A waste management licence or a disposal licence for the storage or treatment of end of life vehicles shall be granted on terms and subject to conditions that meet the requirements of Schedule 5 and, where necessary, the Department shall issue or vary the conditions of a licence to require that the conditions of Schedule 5 apply to the storage or treatment of any waste motor vehicle of any type or description or to end of life vehicles in accordance with the provisions of the End of Life Vehicles Directive and its measures to protect the environment and prevent harm to human health.

(3) A waste management licence shall not be granted to an applicant for a waste management licence that includes the storage and treatment of end of life vehicles unless the Department is satisfied that the applicant will become the person having control over the storage and treatment of those vehicles in the event of a licence being granted and that the applicant will ensure that any treatment will comply with conditions attached to the licence including the requirements of Schedule 5.

(4) Any establishment or undertaking carrying on the treatment of end of life vehicles in accordance with a waste management licence or a disposal licence and the requirements of Schedule 5 shall be referred to as an authorised treatment facility.

Commencement Information

I20Reg. 26 in operation at 19.12.2003, see reg. 1(1)

RevocationsN.I.

27.—(1) The Waste Collection and Disposal Regulations (Northern Ireland) 1992(24) in so far as not already revoked are hereby revoked.

(2) The Waste Collection and Disposal (Amendment) Regulations (Northern Ireland) 1997(25) are hereby revoked.

Commencement Information

I21Reg. 27 in operation at 19.12.2003, see reg. 1(1)

Sealed with the Official Seal of the Department of the Environment on 28th November 2003.

L.S.

Judena Goldring

A Senior Officer of the

Department of the Environment

Regulation 3

[F81SCHEDULE 1N.I.

Textual Amendments

1.  The qualifications required of a person if he is to be regarded as technically competent for the purposes of Article 3(3)(b) of the 1997 Order to carry on an activity of a description listed in the Table below are that that person must hold one of the certificates awarded by WAMITAB, the codes of which are specified in relation to that description of activity in that Table; or for operations not covered by WAMITAB, the Department will make its own assessment of technical competence, based primarily on the specific activity and the knowledge and experience in waste management practice of the person wishing to operate it.N.I.

2.  Anyone carrying out an activity listed in the Table must obtain a relevant Operator Competence Certificate except where that activity is being carried out by way (virtue) of an exemption from waste management licensing. In the event of a person carrying out activities without the appropriate level of qualification, that person will not be deemed to be a fit and proper person, which may result in that person’s application being refused or their licence being revoked.N.I.

3.  Where appropriate, the Department will recognise the Vocationally Related Qualification (VRQ) “Level Certificate in Waste and Resource Management” as demonstrating operator competence where that certificate has been obtained as part of the WAMITAB Operator Competence Scheme.N.I.

Table 1 – Operator Competence Certificate Codes

Type of ActivityMinimum Relevant Operator Competence Certificate
1.Managing a landfill site for hazardous waste4MLH
2.Managing a landfill site for hazardous waste – single waste stream4MLHS
3.Managing a landfill site for non-hazardous waste4MLNH
4.Managing a landfill site for non-hazardous waste – single waste stream4MLNHS
5.Managing a landfill site for inert waste with a total capacity of greater than 50,000 cubic metres4MLI or 4MLIO6 or 4WRMe
6.Managing a landfill site for inert waste with a total capacity of greater than 50,000 cubic metres – single waste stream4MLIS or 4MLISO6 or 4WRMe
7.Managing a closed landfill site for hazardous waste4MCL
8.Managing a closed landfill site for hazardous waste – single waste stream4MCL
9.Managing a closed landfill site for non-hazardous waste4MCL
10.Managing a closed landfill site for non-hazardous waste – single waste stream4MCL
11.Managing a closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metres4MCL6
12.Managing a closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metres – single waste stream4MLIC4 or 4WRMe
13.Managing a treatment plant where hazardous waste is subjected to a chemical or physical process4MPTH
14.Managing a facility for recovery of oil/organic solvents4MPTH or 4MTTH
15.Managing a treatment plant where hazardous clinical waste is subjected to a chemical or physical process4MTTHC
16.Managing a treatment plant where hazardous waste is subjected to a chemical or physical process for the remediation of contaminated land4MPTHR or 4MTNHR6 or 4WRMd
17.Managing a treatment plant where non-hazardous waste is subjected to a chemical or physical process4MPTNH or 4MPTNH6 or 4WRMa
18.Managing a treatment plant where non-hazardous waste is subjected to a composting process4MBTNHO or 4MBTNHI or 4MBTOW6 or 4MBTIV6 or 4WRMb
19.Managing a treatment plant where non-hazardous waste is subjected to a chemical or physical process for the remediation of contaminated land4MPTNHR or 4MTNHR6 or 4WRMd
20.Managing a treatment plant where non-hazardous clinical waste is subjected to a chemical or physical process4MTTNHC or 4MTTNHC6
21.Managing a treatment plant where inert waste is subjected to a chemical or physical process4MTMI or 4MTMI4 or 4WRMa
22.Managing a transfer station for hazardous waste where the capacity of the facility is greater than 5 cubic metres4MTSH
23.Managing a transfer station for hazardous clinical waste where the capacity of the facility is greater than 5 cubic metres4MTSHC
24.Managing a transfer station for non-hazardous waste where the capacity of the facility is greater than 5 cubic metres4MTSNH or 4MTSNH6 or 4WRMa
25.Managing a transfer station for inert waste where the capacity is greater than 50 cubic metres4MTSI or 4MTSI4 or 4WRMa
26.Managing a civic amenity site where the amount of waste accepted is 5,000 tonnes per annum or lessEither 4MCAS or 4MCANH6 or 4MCAH6 or 4WRMa depending on waste received
27.Managing a civic amenity site where the amount of waste accepted is greater than 5,000 tonnes per annum4MTSH or 4MTSNH or 4MTSNH6 or 4WRMa
28.Managing a site where waste is burned in an incinerator designed to incinerate waste at a rate of more than 50 kilograms per hour but less than I tonne per hour4MTTH
29.Managing a treatment plant where non-hazardous waste is subjected to biological treatment: storage of digestate from anaerobic digestion plants4MBTNHA or 4MBTSAD6 or 4MBTFAD6 or 4WRMb
30.Managing a treatment plant where non-hazardous waste is subjected to biological treatment: anaerobic digestion facility including use of resultant biogas4MBTNHA or 4MBTAD6 or 4WRMb
31.Managing a treatment plant where non-hazardous waste is subjected to biological treatment: on-farm anaerobic digestion facility including use of resultant biogas4MBTNHA or 4MBTFAD6 or 4WRMb
32.Managing a treatment plant where non-hazardous waste is subjected to thermal treatment process4MTTNH
33.Managing a treatment plant where hazardous waste is subjected to thermal treatment process4MTTH
34.Managing a treatment plant where hazardous waste is subjected to thermal treatment process: autoclaving4MTTHA
35.Treatment of land for reclamation, restoration or improvement of land4MTRR6
36.Mobile plant for treatment of land for land reclamation, restoration or improvement4MTMPRR6
37.Mobile plant for the treatment of asphalt waste containing coal tar4MTMPA6
38.Deposit in lagoons of non-hazardous dredgings from waterways4MLNHLD6 or 4WRMe
39.Storage and treatment of dredgings for recovery4MLNHLD6 or 4WRMe
40.Use of waste to manufacture timber or construction products4MTMTC6
41.Treatment of waste wood for recovery4MTMTR6 or 4WRMa
42.Managing a civic amenity site non-hazardous4MCANH6 or 4WRMa
43.Managing a civic amenity site hazardous4MCAH6 or 4WRMa
44.Managing a Material Recovery Facility4MTMRF6
45.End of Life Vehicle facilities (vehicle storage, depollution and dismantling)4MTELV6
46.Managing a Metal Recovery Site (MRS) (wet scrap e.g. oily metal swarf – free flowing liquid)4MTMRS6
47.Composting in Open Windrows4MBTOW6 or 4WRMb
48.Composting in closed vessels4MBTIV6 or 4WRMb
49.Mechanical Biological Treatment (MBT)4MTMBT6 or 4WRMf
50.Managing a WEEE ATF – physical treatment4MTHWE6
51.Mobile plant for land spreading (land treatment resulting in benefit)4MTMPL6
52.Mobile plant for land spreading of sewage sludge (land treatment resulting in benefit)4MTMPLS6
53.Non-hazardous sludge biological, chemical & physical treatment4MTMNHS6 or 4WRMb
54.Managing other mobile treatment facilities (non-hazardous)4MTMPO6
55.Use of waste in construction4MTSCO4
56.Mobile plant for treatment of waste to produce soil, soil substitutes and aggregate4MTMPS4 or 4WRMa
57.Treatment of waste to produce soil, soil substitutes and aggregate4MTMS4 or 4WRMa
58.In-house storage of waste4MTSIHS4 or 4WRMa
59.Metal Recovery Site dry scrap (including separately collected batteries) no free flowing liquid4MTMRS4
60.WEEE (storage only)4MTSWE4
61.Managing thermal treatment – hazardous waste: pyrolysis and gasification4MTTHPG
62.Managing thermal treatment – non-hazardous waste: pyrolysis and gasification4MTTNHPG
63.Managing thermal treatment – non-hazardous waste: autoclaving4MTTNHA
64.Storage of electrical insulating oil4MTSEOI6

4.  In Table 1—N.I.

Regulations 1(3) and 17

SCHEDULE 2N.I.EXEMPTIONS FROM WASTE MANAGEMENT LICENSING

PART IN.I.activities exempt from waste management licensing

1.—(1) The use, under an authorisation granted under the Industrial Pollution Control Order, of waste glass as part of a process within Part B of section 3.5 (glass manufacture and production) of Schedule 1 to the 1998 Regulations if the total quantity of waste glass so used in that process does not exceed 600,000 tonnes in any period of twelve months.N.I.

(2) The storage, at the place where the process is carried on, of any such waste which is intended to be so used.

Commencement Information

I22Sch. 2 Pt. I para. 1 in operation at 19.12.2003, see reg. 1(1)

2.—(1) The use, under a permit under the 2003 Regulations, of waste glass as part of an activity within Part B of section 3.3 (the manufacture of glass and glass fibre) of Part I of Schedule 1 to the 2003 Regulations if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months.N.I.

(2) The storage, at the place where the activity is carried out, of any such waste which is intended to be so used.

Commencement Information

I23Sch. 2 Pt. I para. 2 in operation at 19.12.2003, see reg. 1(1)

3.—(1) The operation, under an authorisation granted under the Industrial Pollution Control Order, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of a process within paragraphs (b), (e) or (f) of Part B or paragraphs (a), (b) or (d) of Part C of section 2.1 (iron and steel), or paragraphs (a), (b) or (c) of Part B or paragraphs (a) or (b) of Part C of section 2.2 (non-ferrous metals), of Schedule 1 to the 1998 Regulations.N.I.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer), of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

Commencement Information

I24Sch. 2 Pt. I para. 3 in operation at 19.12.2003, see reg. 1(1)

4.—(1) The operation, under a permit under the 2003 Regulations, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a), (b) or (d) of Part C of Section 2.1 (ferrous metals), or paragraph (a) of Part B or paragraph (a) or (b) of Part C of section 2.2 (non-ferrous metals), of Part I of Schedule 1 to the 2003 Regulations.N.I.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer), of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

Commencement Information

I25Sch. 2 para. 4 in operation at 19.12.2003, see reg. 1(1)

[F825.  The carrying on of any of the following operations—N.I.

(a)burning as a fuel at a rate of less than one tonne per hour, under an authorisation granted under the Industrial Pollution Control Order or a permit under the 2003 Regulations, of—

(i)straw (02 01 03), poultry litter (02 01 06) or wood (02 01 07); or

(ii)solid fuel which has been manufactured from waste by a process involving the application of heat (19 12 10),

to the extent that it is or forms part of a process within Part B or Part C of any section of Schedule 1 to the 1998 Regulations, or an activity within Part B or Part C of any Section of Part 1 of Schedule 1 to the 2003 Regulations and the feeding of such waste into an appliance in which it is to be so burned;

(b)the secure storage on any premises of any waste mentioned in sub-paragraph (a) which is intended to be burned as mentioned in that sub-paragraph if—

(i)no more than 25 tonnes is stored at any one time; and

(ii)no waste is stored there for longer than 1 year.]

Textual Amendments

Commencement Information

I26Sch. 2 para. 5 in operation at 19.12.2003, see reg. 1(1)

6.—(1) The cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.N.I.

(2) The storage of waste in connection with the carrying on of any activities described in sub-paragraph (1) if that storage is at the place where the activity is carried on unless –

(a)the total quantity of such waste stored at that place exceeds 1,000 tonnes; or

(b)more than 1 tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.

Commencement Information

I27Sch. 2 para. 6 in operation at 19.12.2003, see reg. 1(1)

7.—(1) Burning waste as a fuel in an appliance if the appliance has a net rated thermal input of less than 0.4 megawatts or, where the appliance is used together with (whether or not it is operated simultaneously with) other appliances, the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.N.I.

(2) The secure storage on the premises where the burning is to take place of waste intended to be submitted to such burning.

(3) In this paragraph, “net rated thermal input”, means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

Commencement Information

I28Sch. 2 para. 7 in operation at 19.12.2003, see reg. 1(1)

F838.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

9.—(1) Subject to sub-paragraph (3) and any limitation set down in Column 3 of Table 3, the treatment of waste –N.I.

(a)identified by EWC Code in Column 1 of Table 3 and referred to in Column 2 of that Table, on land used for agriculture where such treatment results in benefit to agriculture or ecological improvement; or

(b)listed in Part I of Table 3 and identified by EWC Code in Column 1 of Table 3 and referred to in Column 2 of that Table for the treatment of –

(i)operational land of a railway, light railway, or any Government Department; or

(ii)land which is a forest, woodland, park, garden, verge, bank of an inland waterway, landscaped area, sports ground, recreation ground, churchyard or cemetery,

where the land in question is not used for agriculture and such treatment results in ecological improvement.

(2) The storage, in a secure container, lagoon or place, at the place where it is to be treated, of not more than 1000 cubic metres of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1), provided that the waste is not stored at a distance less than –

(a)10 metres from any waterway;

(b)50 metres from any spring or well, or from any borehole not used for a public water supply; or

(c)250 metres from any borehole used for a public water supply.

(3) Sub-paragraphs (1) and (2) apply only if –

(a)no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are spread on the land in any period of twelve months; F84...

(b)in the case of blood and gut contents, the waste has been treated in accordance with the Community Regulation [F85; and

[F86(c)where the [F87Nutrient Action Programme Regulations (Northern Ireland) 2019] applies treatment shall be carried out in accordance with those Regulations.]]

(4) F88... For the purposes of this paragraph, waste is subject to treatment only when it is spread on land or is injected or otherwise introduced into the surface of that land.

Table 3

[F89EWC CodeTypes of WasteLimitation
PART I
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03Plant-tissue waste
Wastes from sugar processing (02 04)
02 04 01Soil from cleaning and washing beet
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01Waste bark and cork
03 01 05Sawdust, shavings, cuttings, wood, particle board or veneer other than those mentioned in 03 01 04Except whole wood, particle board and plastic veneer
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01Waste bark and wood
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04Soil and stones other than those mentioned in 17 05 03
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compostConsisting only of biodegradable waste
Garden and park wastes (including cemetery waste) (20 02)
20 02 01Biodegradable waste
20 02 02Soil and stones
PART II
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99Waste not otherwise specifiedStraw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets only
Wastes from the preparation and processing of meat, fish and other foods of animal origin (02 02)
02 02 04Sludges from on-site effluent treatmentFollowing ‘conventional treatment’ or ‘enhanced treatment’
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production; molasses preparation and fermentation (02 03)
02 03 01 to 02 03 05All types within 02 03 01 to 02 03 05
Wastes from sugar processing (02 04)
02 04 01 to 02 04 03All types within 02 04 01 to 02 04 03
Wastes from the dairy products industry (02 05)
02 05 01 to 02 05 02All types within 02 05 01 to 02 05 02
Wastes from the baking and confectionery industry (02 06)
02 06 01 to 02 06 03All types within 02 06 01 to 02 06 03
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) (02 07)
02 07 01 to 02 07 05All types within 02 07 01 to 02 07 05
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05De-inking sludges from paper recycling
03 03 09Lime mud waste
03 03 99Waste not elsewhere specifiedDe-inked paper pulp from paper recycling
Wastes from the leather and fur industry (04 01)
04 01 07Sludges, in particular from on-site effluent treatment free of chromium
Wastes from the textile industry (04 02)
04 02 10Organic matter from natural products (for example grease, wax)
04 02 15Wastes from finishing other than those mentioned in 04 02 14
04 02 20Sludges from on-site effluent treatment other than those mentioned in 04 02 19
04 02 21Wastes from unprocessed textile fibres
04 02 22Wastes from processed textile fibres
Wastes from manufacture of cement, lime and plaster, and articles and products made from them (10 13)
10 13 04Wastes from calcination and hydration of lime
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06Dredging spoil other than those mentioned in 17 05 05
Wastes from anaerobic treatment of waste (19 06)
19 06 03Liquor from anaerobic treatment of municipal waste
19 06 04Digestate from anaerobic treatment of municipal waste
19 06 05Liquor from anaerobic treatment of animal and vegetable waste
19 06 06Digestate from anaerobic treatment of animal and vegetable waste
Wastes from the preparation of water intended for human consumption or for industrial use (19 09)
19 09 02Sludges from water clarification]

Textual Amendments

F84Word in Sch. 2 Pt. 1 para. 9(3)(a) omitted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 16(1)

F85Sch. 2 Pt. 1 para. 9(3)(c) and word inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 16(2)

F88Words in Sch. 2 Pt. 1 para. 9(4) omitted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 16(3)

Commencement Information

I29Sch. 2 para. 9 in operation at 19.12.2003, see reg. 1(1)

[F9010.—(1) The spreading of sludge on land which is not land used for agriculture within the meaning of the 1990 Regulations if—N.I.

(a)it results in ecological improvement or in the case of spreading on land used for non-food crops not grown in short term rotation with food crops, it results in benefit to agriculture;

(b)it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1990 Regulations to exceed the limit specified in column 2 of the table; and

[F91(c)where the [F92Nutrient Action Programme Regulations (Northern Ireland) 2019] applies the spreading shall be carried out in accordance with those Regulations]

(2) Subject to sub-paragraph (3), the storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) on land –

(a)of sludge which is to be used in accordance with the 1990 Regulations;

(b)of sludge intended to be spread in reliance upon the exemption conferred by sub-paragraph (1).

(3) Sub-paragraph (2) applies only if the following conditions are satisfied –

(a)the sludge is stored at the place where it is to be spread;

(b)no sludge is stored at a distance less than –

(i)10 metres from any waterway;

(ii)50 metres from any spring or well, or from any borehole not used for a public water supply; or

(iii)250 metres from any borehole used for a public water supply; and

(c)no sludge shall be stored for a period of more than six months.

(4) In this paragraph –

“the 1990 Regulations” means the Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990(26);

“used”, in relation to sludge, has the meaning given by regulation 2(1) of the 1990 Regulations; and

“agriculture” has the same meaning as in the 1990 Regulations.

(5) In this paragraph, and in paragraph 11, “sludge” has the meaning given by regulation 2(1) of the 1990 Regulations and “spreading” shall include the injection of sludge into the surface of the land.]

Textual Amendments

F92Words in Sch. 2 Pt. 1 para. 10(1)(c) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(a)

Commencement Information

I30Sch. 2 para. 10 in operation at 19.12.2003, see reg. 1(1)

11.—(1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 4, the spreading of any of the wastes –N.I.

(a)identified by EWC Code in Column 1 of Part I of Table 4 and referred to in Column 2 of that Table on any land; or

(b)identified by EWC Code in Column 1 of Part II of Table 4 and referred to in Column 2 of that Table on any land where that activity results in benefit to agriculture or ecological improvement.

(2) The secure storage, for a period not exceeding six months at the place where it is to be spread, of waste intended to be spread in reliance upon sub-paragraph (1)(a) or (b).

(3) Sub-paragraphs (1) and (2) apply only where –

(a)the spreading is carried out for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man made development and the use to which that land could be put would be improved by the spreading;

(b)the spreading is carried out in accordance with any planning permission where such a permission is required;

(c)the waste is spread to a depth not exceeding the lesser of 2 metres or the final cross sections shown on any plan required to be submitted in accordance with regulation 19 and Part II to this Schedule; F93...

(d)the waste spread does not exceed 20,000 cubic metres per hectare [F94; and

[F95(e)where the [F96Nutrient Action Programme Regulations (Northern Ireland) 2019] applies the spreading shall be carried out in accordance with those Regulations]]

Textual Amendments

F93Word in Sch. 2 Pt. 1 para. 11(3)(c) omitted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 18(1)

F94Sch. 2 Pt. 1 para. 11(3)(e) and word inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 18(2)

F96Words in Sch. 2 Pt. 1 para. 11(3)(e) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(a)

Commencement Information

I31Sch. 2 para. 11 in operation at 19.12.2003, see reg. 1(1)

[F9711A.  For the purposes of Table 3 the following definitions apply—N.I.

“conventional treatment” means any treatment process used to reduce the fermentability and possible health hazards associated with sludge, including biological, chemical or heat treatments that ensure that at east 99% of pathogens have been destroyed;

“enhanced treatment” means any treatment process which is capable of virtually eliminating any pathogens which may be present in the original sludge and which will be free from Salmonella and will have been treated so as to ensure that 99.9999% pathogens have been destroyed (a 6 log reduction).]

Table 4

EWC CodeTypes of wasteLimitation
PART I
Wastes from physical and chemical processing of non-metalliferous minerals (01 04)
01 04 08waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09waste sand and clays
wastes from sugar processing (02 04)
02 04 01soil from cleaning and washing beet
Wastes from power stations and other combustion plants (except 19) (10 01)
10 01 01bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04)Bottom ash and slag only
Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12)
10 12 08waste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 14waste concrete and concrete sludge
Construction and demolition wastes (including excavated soil from contaminated sites) comprising concrete, bricks, tiles and ceramics (17 01)
17 01 01Concrete
17 01 02Bricks
17 01 03tiles and ceramics
17 01 07mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 08Track ballast other than that mentioned in 17 05 07
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 09minerals (for example sand, stones)
Wastes from soil and groundwater remediation (19 13)
19 13 02Solid wastes from soil remediation other than those mentioned in 19 13 01
Garden and park wastes (including cemetery waste) (20 02)
20 02 02soil and stones
PART II
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05de-inking sludges from paper recycling
03 03 07Mechanically separated rejects from pulping of waste paper and cardboard
03 03 09lime mud waste
03 03 99Wastes not otherwise specifiedDe-inked paper pulp only
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04soil and stones other than those mentioned in 17 05 03
17 05 06Dredging spoil other than that mentioned in 17 05 05
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compostbiodegradable waste only
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05sludges from treatment of urban waste water
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 02sludges from water clarification
Wastes from soil and groundwater remediation (19 13)
19 13 04Sludges from soil remediation other than those mentioned in 19 13 03

Textual Amendments

F97Sch. 2 Pt. 1 para. 11A inserted "after paragraph 11 sub-paragraph (e)" (30.12.2011) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/403), regs. 1(1), 4

[F9812.—(1) Subject to the conditions specified in sub-paragraph (3), carrying on at any place, in respect of waste of a type identified by the six-digit EWC Code in Column 1 of Table 5 and referred to by the corresponding waste description in Column 2 of that Table, any of the activities specified in Column 3 of that Table in relation to that type of waste where the activity is carried on with a view to the recovery or re-use of the waste (whether or not by the person carrying on the activity specified in that Table).N.I.

(2) Subject to the conditions specified in sub-paragraph (3), the storage of waste of a type identified by the six-digit EWC Code in Column 1 of Table 5A and referred to by the corresponding waste description in Column 2 of that Table if the waste is to be reused or used for the purpose of—

(a)an activity specified in Column 3 of Table 5; or

(b)any other recovery operation.

(3) The specified conditions are that—

(a)the total volume of each type of waste on site at any one time does not exceed the limits specified in Column 5 of Table 5 and Column 4 of Table 5A in relation to that type of waste;

(b)the combined total volume of all wastes on site at any one time does not exceed 100m3 (whether before, during or after processing);

(c)the waste arrives at the place where the activity is carried on unmixed with any other type of waste;

(d)each type of waste is treated and stored separately;

(e)no waste is stored for longer than 12 months;

(f)the site has, and is operated in accordance with, planning permission, where such permission is required; and

(g)the activity complies with the additional specified conditions in Column 4 of Table 5 and Column 3 of Table 5A.

Table 5

Six-digit EWC CodeWaste descriptionActivitiesAdditional specified conditionsLimit (at any one time)
Paper and cardboard

Baling, sorting or shredding

100m3

03 03 wastes from pulp, paper and cardboard production and processing
03 03 07mechanically separated rejects from pulping of waste paper and cardboard
03 03 08wastes from sorting of paper and cardboard destined for recycling
15 01 packaging (including separately collected municipal packaging waste)
15 01 01paper and cardboard packaging
20 01 separately collected fractions (except 15 01)
20 01 01paper and cardboard
Textiles

Baling, sorting or shredding

15 01 packaging (including separately collected municipal packaging waste)
15 01 09textile packaging
20 01 separately collected fractions (except 15 01)
20 01 10clothes
20 01 11textiles
PlasticBaling, sorting, shredding, densifying or washing

Where the treatment involves densifying waste, the treatment does not involve the application of heat.

02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 04waste plastics (except packaging)
07 02 waste from the manufacture, formulation, supply and use (MFSU) of plastics, synthetic rubber and man-made fibres
07 02 13waste plastic
12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 05plastics shavings and turnings
15 01 packaging (including separately collected municipal packaging waste)
15 01 02plastic packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 19plastic
17 02 wood, glass and plastic
17 02 03plastic
20 01 separately collected fractions (except 15 01)
20 01 39plastics
Glass

Sorting, crushing or washing

10 11 wastes from manufacture of glass and glass products
10 11 12waste glass other than those mentioned in 10 11 11
15 01 packaging (including separately collected municipal packaging waste)
15 01 07glass packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 20glass
17 02 wood, glass and plastic
17 02 02glass
20 01 separately collected fractions (except 15 01)
20 01 02glass
Steel cans, aluminium cans, aluminium foilSorting, crushing, pulverising, shredding, compacting or balingWhere the treatment involves pulverising waste, the treatment is carried on in an enclosed building.
15 01 packaging (including separately collected municipal packaging waste)
15 01 04metallic packaging
Food or drink cartons

Sorting, crushing, pulverising, shredding, compacting or baling

Where the treatment involves pulverising waste, the treatment is carried on in an enclosed building.
15 01 packaging (including separately collected municipal packaging waste)
15 01 01paper and cardboard packaging
15 01 02plastic packaging
15 01 03wooden packaging
15 01 05composite packaging
15 01 06mixed packaging
15 01 07glass packaging
15 01 09textile packaging
End-of-life vehicles and non-hazardous components

Dismantling for use as vehicle parts

16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 06end-of-life vehicles, containing neither liquids nor other hazardous components

The operation is for the purposes of the reuse or recovery of the waste.

For the purposes of this paragraph and in relation to an end-of-life vehicle, “depolluted” means that the vehicle has been subjected to all of the operations described in paragraph 3 of Annex 1 to the End-of-Life Vehicles Directive.

5 vehicles
16 01 22components not otherwise specifiedThe operation is for the purposes of the reuse or recovery of the waste.5m3

Table 5A

Six-digit EWC CodeWaste descriptionAdditional specified conditionsLimit (at any one time)
Paper and cardboardThe waste is stored in a baled form, in an enclosed building or container.

100m3

03 03 wastes from pulp, paper and cardboard production and processing
03 03 07mechanically separated rejects from pulping of waste paper and cardboard
03 03 08wastes from sorting of paper and cardboard destined for recycling
15 01 packaging (including separately collected municipal packaging waste)
15 01 01paper and cardboard packaging
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 01paper and cardboard
20 01 separately collected fractions (except 15 01)
20 01 01paper and cardboard
Textiles
15 01 packaging (including separately collected municipal packaging waste)
15 01 09textile packaging
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 08textiles
20 01 separately collected fractions (except 15 01)
20 01 10clothes
20 01 11textiles
Plastic
02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 04waste plastics (except packaging)
07 02 waste from the MFSU of plastics, synthetic rubber and man-made fibres
07 02 13waste plastic
12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 05plastics shavings and turnings
15 01 packaging (including separately collected municipal packaging waste)
15 01 02plastic packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 19plastic
17 02 wood, glass and plastic
17 02 03plastic
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 04plastic and rubber
20 01 separately collected fractions (except 15 01)
20 01 39plastics
Glass
10 11 wastes from manufacture of glass and glass products
10 11 12waste glass other than those mentioned in 10 11 11
15 01 packaging (including separately collected municipal packaging waste)
15 01 07glass packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 20glass
17 02 wood, glass and plastic
17 02 02glass
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 05glass
20 01 separately collected fractions (except 15 01)
20 01 02glass
Steel cans, aluminium cans, aluminium foil
15 01 packaging (including separately collected municipal packaging waste)
15 01 04metallic packaging
Food or drink cartons
15 01 packaging (including separately collected municipal packaging waste)
15 01 01paper and cardboard packaging
15 01 02plastic packaging
15 01 03wooden packaging
15 01 05composite packaging
15 01 06mixed packaging
15 01 07glass packaging
15 01 09textile packaging
Waste articles which are to be used for construction work which are capable of being so used in their existing state
17 01 concrete, bricks, tiles and ceramics
17 01 02bricks
17 01 03tiles and ceramics
17 01 07mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
17 02 wood, glass and plastic
17 02 01wood
20 01 separately collected fractions (except 15 01)
20 01 38wood other than that mentioned in 20 01 37
Metal
02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 10waste metal
12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 01ferrous metal filings and turnings
12 01 02ferrous metal dust and particles
12 01 03non-ferrous metal filings and turnings
12 01 04non-ferrous metal dust and particles
15 01 packaging (including separately collected municipal packaging waste)
15 01 04metallic packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 17ferrous metal
16 01 18non-ferrous metal
17 04 metals (including their alloys)
17 04 01copper, bronze, brass
17 04 02aluminium
17 04 03lead
17 04 04zinc
17 04 05iron and steel
17 04 06tin
17 04 07mixed metals
17 04 11cables other than those mentioned in 17 04 10
19 01 wastes from incineration or pyrolysis of waste
19 01 02ferrous materials removed from bottom ash
19 10 wastes from shredding of metal-containing wastes
19 10 01iron and steel waste
19 10 02non-ferrous waste
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 02ferrous metal
19 12 03non-ferrous metal
20 01 separately collected fractions (except 15 01)
20 01 40metals
SolventsThe waste is stored on an impermeable pavement.5m3
02 03 wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation
02 03 03wastes from solvent extraction
08 04 wastes from MFSU of adhesives and sealants (including waterproofing products)
08 04 09*waste adhesives and sealants containing organic solvents or other hazardous substances
09 01 wastes from the photographic industry
09 01 03*solvent-based developer solutions
14 06 waste organic solvents, refrigerants and foam/aerosol propellants
14 06 02*other halogenated solvents and solvent mixtures
14 06 03*other solvents and solvent mixtures
20 01 separately collected fractions (except 15 01)
20 01 27*paint, inks, adhesives and resins containing hazardous substances
Refrigerants

The waste is stored on an impermeable pavement.

For the purposes of this paragraph, “refrigerants” means dichlorodifluoromethane, chlorotrifluoromethane, dichlorotetrafluoroethane, chloropentafluoroethane, bromotrifluoromethane, chlorodifluoromethane, chlorotetrafluoroethane, trifluoromethane, difluoromethane, pentafluoroethane, tetrafluoroethane, chlorodifluoroethane, difluoroethane, trichlorofluoromethane, trichlorotrifluoroethane, dichlorotrifluoroethane, dichlorofluoroethane and mixtures containing any of those substances.

20m3
14 06 waste organic solvents, refrigerants and foam/aerosol propellants
14 06 01*chlorofluorocarbons, HCFC, HFC
14 06 02*other halogenated solvents and solvent mixtures
OilsThe waste is stored on an impermeable pavement.3m3
13 01 waste hydraulic oils
13 01 04*chlorinated emulsions
13 01 05*non-chlorinated emulsions
13 01 09*mineral-based chlorinated hydraulic oils
13 01 10*mineral-based non-chlorinated hydraulic oils
13 01 11*synthetic hydraulic oils
13 01 12*readily biodegradable hydraulic oils
13 01 13*other hydraulic oils
13 02 waste engine, gear and lubricating oils
13 02 04*mineral-based chlorinated engine, gear and lubricating oils
13 02 05*mineral-based non-chlorinated engine, gear and lubricating oils
13 02 06*synthetic engine, gear and lubricating oils
13 02 07*readily biodegradable engine, gear and lubricating oils
13 02 08*other engine, gear and lubricating oils
13 03 waste insulating and heat transmission oils
13 03 06*mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01
13 03 07*mineral-based non-chlorinated insulating and heat transmission oils
13 03 08*synthetic insulating and heat transmission oils
13 03 09*readily biodegradable insulating and heat transmission oils
13 03 10*other insulating and heat transmission oils
End-of-life vehicles and non-hazardous components
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 06end-of-life vehicles, containing neither liquids nor other hazardous components

The operation is for the purposes of the reuse or recovery of the waste.

For the purposes of this paragraph and in relation to an end-of-life vehicle, “depolluted” means that the vehicle has been subjected to all of the operations described in paragraph 3 of Annex 1 to the End-of-Life Vehicles Directive.

5 vehicles
16 01 22Components not otherwise specifiedThe operation is for the purposes of the reuse or recovery of the waste.5m3 ]

Textual Amendments

13.—(1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 6 –N.I.

(a)the composting [F99of food waste at the premises of a food business and] of biodegradable waste identified by EWC Code in Column 1 of Table 6 and referred to in Column 2 of that Table;

(b)the chipping, shredding, cutting or pulverising such waste for the purpose of composting at the place where the composting activity is or is to be carried out;

(c)screening waste which has been composted; and

(d)the secure storage of compost and biodegradable waste referred to in sub-paragraph (1)(a) at the place where the composting activity is or is to be carried out.

(2) The total quantity of waste treated or stored under sub-paragraph (1) at any one time shall not exceed 200 tonnes.

(3) The secure storage of biodegradable waste which is to be composted in reliance upon sub-paragraph (1) at a place other than the place where such composting is or is to be carried on where –

(a)the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place;

(b)such storage is part of a scheme for the collection of waste from groups of premises; and

(c)the total quantity of waste so stored does not exceed 10 tonnes.

(4) For the purposes of this paragraph, “composting” means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic or anaerobic and results in a stable sanitised material that can be applied to land for the benefit of agriculture or ecological improvement.

Table 6

EWC CodeTypes of wasteLimitation
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03Plant-tissue waste
02 01 06Animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site
02 01 07Waste from forestry
02 01 99Waste not otherwise specifiedAnimal faeces, urine spoiled straw or manure not referred to in 02 01 06
02 01 99Waste not otherwise specifiedSludge from washing buildings or yards used for keeping livestock
02 01 99Waste not otherwise specifiedStraw, wood or paper-based bedding waste
02 01 99Waste not otherwise specifiedslurry or dirty water from stables or livestock markets
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation (02 03)
02 03 01Sludges from washing, cleaning, peeling, centrifuging and separation
02 03 05Sludges from on-site effluent treatment
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01Waste bark and cork
03 01 05Shaving, cuttings, spoiled timber, particle board and veneer other than those mentioned in 03 01 04
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01Waste bark and wood
Wastes from the textile industry (04 02)
04 02 10Organic matter from natural products (for example grease, wax)
Packaging (including separately collected municipal packaging waste) (15 01)
15 01 01Paper and cardboard packaging
15 01 03Wooden packaging
15 01 09Textile packaging
Wood, glass and plastic (17 02)
17 02 01Wood
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04Soil and stones other than those mentioned in 17 05 03
17 05 06Dredging spoil other than that mentioned in 17 05 05
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compostTo consist only of biodegradable waste
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 12Sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11
19 08 05Sludges from other treatment of urban waste water
19 08 14Sludges from other treatment of industrial waste water other than those mentioned in 19 08 13
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 01Solid waste from primary filtration and screenings
19 09 02Sludges from water clarification
Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 01Paper and cardboard
separately collected fractions of municipal waste( except 15 01 – packaging including separately collected municipal packaging waste) (20 01)
20 01 01Paper and cardboard
20 01 08Biodegradable kitchen and canteen waste
20 01 10ClothesBiodegradable materials only
20 01 11TextilesBiodegradable materials only
20 01 38Wood other than that mentioned in 20 01 37
Garden and park wastes (including cemetery waste) (20 02)
20 02 01Biodegradable waste
other municipal wastes (20 03)
20 03 02Waste from markets
20 03 03Street-cleaning residues
20 03 99Municipal wastes not otherwise specifiedslurry or dirty water from stables, zoos or animal parks

[F100(5) For the purposes of this paragraph—

“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a district council;

“food business” means an undertaking, whether for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of food.]

Textual Amendments

F99Words in Sch. 2 Pt. 1 para. 13(1)(a) inserted (14.2.2015) by The Food Waste Regulations (Northern Ireland) 2015 (S.R. 2015/14), regs. 1(1), 5(4)(a)(i)

Commencement Information

I32Sch. 2 para. 13 in operation at 19.12.2003, see reg. 1(1)

14.—(1) The manufacture from –N.I.

(a)waste which arises from demolition or construction work or tunnelling or other excavations; or

(b)waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw, gypsum,

of timber products, straw board, plasterboard, bricks, blocks, roadstone or aggregate.

(2) The manufacture of soil or soil substitutes from any of the wastes listed in sub-paragraph (1) if –

(a)the manufacture is carried out at the place where either the waste is produced or the manufactured product is to be applied to land; and

(b)the total amount manufactured at that place on any day does not exceed 500 tonnes.

(3) The treatment of waste soil or rock which, when treated, is to be spread on land under paragraph 9 or 11, if –

(a)it is carried out at the place where the waste is produced or the treated product is to be spread; and

(b)the total amount treated at that place in any day does not exceed 100 tonnes.

(4) The storage of waste which is to be submitted to any of the activities mentioned in sub-paragraphs (1) to (3) if –

(a)the waste is stored at the place where the activity is to be carried on; and

(b)the total quantity of waste stored at that place does not exceed 20,000 tonnes.

Commencement Information

I33Sch. 2 para. 14 in operation at 19.12.2003, see reg. 1(1)

[F10115.—(1) Subject to the conditions specified in sub-paragraph (4), the manufacture of finished goods from waste of a type identified by the six-digit EWC Code in Column 1 of Table 7 and referred to by the corresponding waste description in Column 2 of that Table.N.I.

(2) The storage of waste of a type identified by the six-digit EWC Code in Column 1 of Table 7 and referred to by the corresponding waste description in Column 2 of that Table intended to be used in reliance upon the exemption conferred by sub-paragraph (1).

(3) For the purposes of this paragraph, “finished goods” means goods that are ready for use by an end consumer without any further processing.

(4) The specified conditions are that—

(a)the combined total volume of all wastes on site at any one time does not exceed 100m3 (whether before, during or after processing);

(b)the waste arrives at the place where the manufacturing is carried on unmixed with any other type of waste;

(c)prior to manufacturing, each type of waste is stored separately;

(d)the waste is stored at the place of manufacture;

(e)no waste is stored for longer than 12 months;

(f)the site has, and is operated in accordance with, planning permission, where such permission is required; and

(g)the activity complies with the additional specified conditions listed in Column 3 of Table 7.

Table 7

Six-digit EWC codeWaste descriptionAdditional specified conditions
Metal
02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 10waste metal
12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 01ferrous metal filings and turnings
12 01 02ferrous metal dust and particles
12 01 03non-ferrous metal filings and turnings
12 01 04non-ferrous metal dust and particles
15 01 packaging (including separately collected municipal packaging waste)
15 01 04metallic packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 17ferrous metal
16 01 18non-ferrous metal
17 04 metals (including their alloys)
17 04 01copper, bronze, brass
17 04 02aluminium
17 04 03lead
17 04 04zinc
17 04 05iron and steel
17 04 06tin
17 04 07mixed metals
17 04 11cables other than those mentioned in 17 04 10
19 01 wastes from incineration or pyrolysis of waste
19 01 02ferrous materials removed from bottom ash
19 10 wastes from shredding of metal-containing wastes
19 10 01iron and steel waste
19 10 02non-ferrous waste
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 02ferrous metal
19 12 03non-ferrous metal
20 01 separately collected fractions (except 15 01)
20 01 40metals
Plastics
02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 04waste plastics (except packaging)
07 02 wastes from the MFSU of plastics, synthetic rubber and man-made fibres
07 02 13waste plastic
12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 05plastics shavings and turnings
15 01 packaging (including separately collected municipal packaging waste)
15 01 02plastic packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 19plastic
17 02 wood, glass and plastic
17 02 03plastic
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 04plastic and rubber
20 01 separately collected fractions (except 15 01)
20 01 39plastics
Glass
10 11 wastes from manufacture of glass and glass products
10 11 12waste glass other than those mentioned in 10 11 11
15 01 packaging (including separately collected municipal packaging waste)
15 01 07glass packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 20glass
17 02 wood, glass and plastic
17 02 02glass
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 05glass
20 01 separately collected fractions (except 15 01)
20 01 02glass
Ceramics
10 12 wastes from manufacture of ceramic goods, bricks, tiles and construction products
10 12 08waste ceramics, bricks, tiles and construction products (after thermal processing)
17 01 concrete, bricks, tiles and ceramics
17 01 03tiles and ceramics
17 01 07mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
Rubber
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 04plastic and rubber
Textiles
15 01 packaging (including separately collected municipal packaging waste)
15 01 09textile packaging
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 08textiles
20 01 separately collected fractions (except 15 01)
20 01 10clothes
20 01 11textiles
Wood
03 01 wastes from wood processing and the production of panels and furniture
03 01 05sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04
15 01 packaging (including separately collected municipal packaging waste)
15 01 03wooden packaging
17 02 wood, glass and plastic
17 02 01wood
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 07wood other than that mentioned in 19 12 06
20 01 separately collected fractions (except 15 01)
20 01 38wood other than that mentioned in 20 01 37
Paper and cardboard

The waste is stored in an enclosed building or container

03 03 wastes from pulp, paper and cardboard production and processing
03 03 07mechanically separated rejects from pulping of waste paper and cardboard
03 03 08wastes from sorting of paper and cardboard destined for recycling
15 01 packaging (including separately collected municipal packaging waste)
15 01 01paper and cardboard packaging
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 01paper and cardboard
20 01 separately collected fractions (except 15 01)
20 01 01paper and cardboard]

Textual Amendments

16.—(1) The beneficial use of waste if –N.I.

(a)it is put to that use without further treatment; and

(b)that use of the waste does not involve its disposal.

(2) The storage of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1) at the site where the waste is to be used insofar as that storage does not amount to disposal of the waste.

(3) This paragraph does not apply to the use or storage of waste if that activity is covered by an exemption conferred by paragraph 9, 10, 11, 19 or 25, or would be so covered but for any condition or limitation to which that exemption is subject by virtue of any provision contained in the paragraph by which that exemption is conferred.

Commencement Information

I34Sch. 2 para. 16 in operation at 19.12.2003, see reg. 1(1)

F10217.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10318.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

[F10419.—(1) Subject to the conditions specified in sub-paragraph (5), the use of waste of a type identified by the six-digit EWC Code in Column 1 of Table 8 and referred to by the corresponding waste description in Column 2 of that Table for the purposes of relevant work.N.I.

(2) The storage on a site where relevant work is taking place or is to take place, of waste of a type identified by the six-digit EWC Code in Column 1 of Table 8 and referred to by the corresponding waste description in Column 2 of that Table.

(3) For the purposes of this paragraph, “relevant work” means work for the purposes of the construction, maintenance or improvement of—

(a)a building, road, railway, airport, dock or other transport facility;

(b)recreational facilities;

(c)drainage; or

(d)a waterway;

but does not include any work involving land reclamation.

(4) For the purposes of this paragraph, “drainage” means drainage works as described in Schedule 2 to the Drainage (Northern Ireland) Order 1973.

(5) The specified conditions are that—

(a)the waste is suitable for use for the purposes of relevant work which will be carried on at the site;

(b)the site has, and is operated in accordance with, planning permission, where such permission is required;

(c)the waste used does not exceed the dimensions of the final cross sections shown on any plan required to be kept under regulation 19;

(d)in the case of waste which is not produced on the site, it is not stored there for longer than 12 months; and

(e)the activity complies with the additional specified conditions listed in Column 3 of Table 8.

Table 8

Six-digit EWC codeWaste descriptionAdditional specified conditions
01 04 wastes from physical and chemical processing of non-metalliferous minerals
01 04 08waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09waste sand and clays
10 12 wastes from manufacture of ceramic goods, bricks, tiles and construction products
10 12 08waste ceramics, bricks, tiles and construction products (after thermal processing)
10 13 wastes from manufacture of cement, lime and plaster and articles and products made from them
10 13 14waste concrete and concrete sludgeWaste concrete only
17 01 concrete, bricks, tiles and ceramics
17 01 01concrete
17 01 02bricks
17 01 03tiles and ceramics
17 01 07mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
17 03 bituminous mixtures, coal tar and tarred products
17 03 02bituminous mixtures other than those mentioned in 17 03 01
17 05 soil (including excavated soil from contaminated sites), stones and dredging spoil
17 05 04soil and stones other than those mentioned in 17 05 03
17 05 08track ballast other than those mentioned in 17 05 07
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 09minerals (for example sand, stones)
19 13 waste from soil and groundwater remediation
19 13 02solid wastes from soil remediation other than those mentioned in 19 13 01
20 02 garden and park wastes (including cemetery waste)
20 02 02soil and stones]

Textual Amendments

20.—(1) Laundering or otherwise cleaning waste textiles with a view to their recovery or reuse.N.I.

(2) The storage of waste textiles at the place where they are to be so laundered or cleaned.

Commencement Information

I35Sch. 2 para. 20 in operation at 19.12.2003, see reg. 1(1)

21.—(1) Chipping, shredding, cutting or pulverising waste plant matter (including wood or bark), or sorting and baling sawdust or wood shavings, on any premises if –N.I.

(a)those activities are carried on for the purposes of recovery or reuse; and

(b)no more than 1,000 tonnes of such waste are dealt with on those premises in any period of seven days.

(2) The storage of waste in connection with any activity mentioned in sub-paragraph (1) at the premises where it is carried on if the total amount of waste stored at those premises does not at any time exceed 1,000 tonnes.

Commencement Information

I36Sch. 2 para. 21 in operation at 19.12.2003, see reg. 1(1)

22.—(1) The recovery, at any premises, of silver from waste produced in connection with printing or photographic processing if no more than 50,000 litres of such waste are dealt with on those premises in any day.N.I.

(2) The storage, at those premises, of waste which is to be submitted to such a recovery operation as is mentioned in sub-paragraph (1).

Commencement Information

I37Sch. 2 para. 22 in operation at 19.12.2003, see reg. 1(1)

[F10523.—(1) The recovery of waste consisting of animal by-products at one of the collection centres in accordance with an authorisation under regulation 27 of the Animal By-Products Regulations (Northern Ireland) 2003 if the total quantity of waste being recovered at that collection centre at any time does not exceed 10 tonnes.N.I.

(2) The storage of the waste intended to be submitted to such a recovery operation as is mentioned in sub-paragraph (1) if—

(a)storage takes place in a secure place; and

(b)no waste is stored for more than twelve months.

(3) In this paragraph, “collection centres” has the same meaning as in the Community Regulation.]

Textual Amendments

Commencement Information

I38Sch. 2 para. 23 in operation at 19.12.2003, see reg. 1(1)

24.—(1) Crushing, grinding or other size reduction of waste bricks, tiles or concrete, under an authorisation granted under the Industrial Pollution Control Order, to the extent that it is or forms part of a process within paragraph (b) of Part C of section 3.4 (other mineral processes) of Schedule 1 to the 1998 Regulations or under a permit under the 2003 Regulations, to the extent that it is or forms part of an activity within paragraph (a) of Part B of section 3.5 (other mineral activities) of Part I of Schedule 1 to the 2003 Regulations.N.I.

(2) Where any such crushing, grinding or other size reduction is carried on otherwise than at the place where the waste is produced, the exemption conferred by sub-paragraph (1) only applies if those activities are carried on with a view to recovery or reuse of the waste.

(3) The storage, at the place where the process is carried on, of any such waste which is intended to be so crushed, ground or otherwise reduced in size, if the total quantity of such waste so stored at that place at any one time does not exceed 20,000 tonnes.

Commencement Information

I39Sch. 2 para. 24 in operation at 19.12.2003, see reg. 1(1)

25.—(1) Subject to [F106sub-paragraphs (2) to (4)], the deposit of waste arising from dredging inland waters, or from clearing plant matter from inland waters, if either –N.I.

(a)the waste is deposited along the bank or towpath of the waters where the dredging or clearing takes place; or

(b)the waste is deposited along the bank or towpath of any inland waters so as to result in benefit to agriculture or ecological improvement.

(2) The total amount of waste deposited along the bank or towpath under sub-paragraph (1) on any day must not exceed 50 tonnes for each metre of the bank or towpath along which it is deposited.

(3) Sub-paragraph (1) does not apply to waste deposited in a container or lagoon.

(4) Sub-paragraph (1)(a) only applies to an establishment or undertaking where the waste deposited is the establishment or undertaking’s own waste.

F107(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The treatment by screening or dewatering of such waste as is mentioned in sub-paragraph (1) –

(a)on the bank or towpath of the waters where either the dredging or clearing takes place or the waste is to be deposited, prior to its being deposited in reliance upon the exemption conferred by the foregoing provisions of this paragraph;

(b)on the bank or towpath of the waters where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 9(1) or (2); or

(c)in the case of waste from dredging, on the bank or towpath of the waters where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 11(1).

Textual Amendments

F106Words in Sch. 2 Pt. 1 para. 25(1) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(d) (with reg. 2)

Commencement Information

I40Sch. 2 para. 25 in operation at 19.12.2003, see reg. 1(1)

26.—(1) The recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it.N.I.

(2) The storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.

(3) Sub-paragraph (1) does not apply to the final disposal of waste by deposit in or on land.

Commencement Information

I41Sch. 2 para. 26 in operation at 19.12.2003, see reg. 1(1)

[F10827.—(1) Subject to the conditions specified in sub-paragraph (3), baling, compacting, crushing, shredding or pulverising waste at the place where it is produced.N.I.

(2) The temporary storage, at the place where it is produced, of waste which is intended to be used in reliance upon the exemption conferred by sub-paragraph (1).

(3) The specified conditions are that—

(a)the combined total volume of all wastes on site at any one time does not exceed 200m3 (whether before, during or after processing);

(b)each type of waste is treated and stored separately;

(c)no waste is stored for longer than 12 months; and

(d)the site has, and is operated in accordance with, planning permission, where such permission is required.]

Textual Amendments

F10928.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

29.—(1) The disposal of waste at the place where it is produced, by the person producing it, by burning it in an incinerator which is an exempt incinerator for the purposes of section 5.1 (incineration) of Schedule 1 to the 1998 Regulations F110....N.I.

(2) The secure storage at that place of any such waste intended to be submitted to such burning.

Textual Amendments

F110Words in Sch. 2 Pt. 1 para. 29(1) omitted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 21

Commencement Information

I42Sch. 2 para. 29 in operation at 19.12.2003, see reg. 1(1)

30.—(1) Subject to sub-paragraph (2), burning waste on land in the open if –N.I.

[F111(a)the waste consists of plant tissue;]

(b)[F112it is agricultural waste or] it is produced on land which is operational land of a railway, light railway, tramway, or any Government Department, or which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, bank of inland waterway, churchyard or cemetery, or it is produced on other land as a result of demolition work;

(c)it is burned on the land where it is produced; and

(d)the total quantity burned in any period of 24 hours does not exceed 10 tonnes.

(2) Sub-paragraph (1) only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking’s own waste.

(3) The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub-paragraph (1).

[F113(4) The incorporation into soil of ash from cereal straw or cereal stubble burned in reliance of the exemption conferred by sub-paragraph (1) if—

(a)the incorporation is on the land where the ash was produced; and

(b)the ash is not, without reasonable excuse, allowed to remain on the soil for longer than 24 hours after the time of commencement of the burning, but is incorporated into the soil—

(i)within that period; or

(ii)in a case where to do so would be likely, having regard to wind conditions, to cause nuisance, as soon as conditions allow.

(5) For the purposes of this paragraph “plant tissue” includes any linseed residues, oil-seed rape residues, field beans harvested dry residues, peas harvested dry residues, cereal straw or cereal stubble.]

Textual Amendments

F112Words in Sch. 2 Pt. 1 para. 30(1)(b) inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 22(2)

Commencement Information

I43Sch. 2 para. 30 in operation at 19.12.2003, see reg. 1(1)

31.  The discharge of waste onto the track of a railway from a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on the railway if the discharge in question does not exceed 25 litres.N.I.

Commencement Information

I44Sch. 2 para. 31 in operation at 19.12.2003, see reg. 1(1)

32.  The burial on premises of waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle if the total amount buried in any period of twelve months does not exceed 5 cubic metres.N.I.

Commencement Information

I45Sch. 2 para. 32 in operation at 19.12.2003, see reg. 1(1)

33.—(1) The keeping or deposit of waste consisting of excavated materials arising from peatworking at the place where that activity takes place.N.I.

(2) Sub-paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking’s own waste.

Commencement Information

I46Sch. 2 para. 33 in operation at 19.12.2003, see reg. 1(1)

34.—(1) The keeping or deposit on land at the place where it is produced of spent ballast if the land is operational land of a railway, light railway or tramway and the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives.N.I.

(2) Sub-paragraph (1) only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking’s own waste.

Commencement Information

I47Sch. 2 para. 34 in operation at 19.12.2003, see reg. 1(1)

35.—(1) The deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration if –N.I.

(a)it is deposited in or on land at the place where it is excavated; and

(b)the total quantity of waste so deposited over any period of 24 months does not exceed 45,000 cubic metres per hectare.

(2) Sub-paragraph (1) only applies if –

(a)the drilling of the borehole or the making of any other excavation is development for which planning permission is granted by Article 3 of, and Schedule 1 Part 16 to, the Planning (General Development) Order (Northern Ireland) 1993(27); and

(b)the conditions subject to which the development is permitted are observed.

(3) Expressions used in this paragraph which are also used in the Planning (General Development) Order (Northern Ireland) 1993 shall have the same meaning as in that Order.

Commencement Information

I48Sch. 2 para. 35 in operation at 19.12.2003, see reg. 1(1)

36.—(1) The temporary storage of waste consisting of garbage, at waste reception facilities subject to and in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(28), where such storage is incidental to the collection or transport of the waste and so long as –N.I.

(a)the amount of garbage so stored at such waste reception facilities at any time does not exceed 20 cubic metres for each ship from which garbage has been landed; and

(b)no garbage is so stored for more than seven days.

(2) The temporary storage of waste consisting of tank washings, at waste reception facilities subject to and in accordance with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003, where such storage is incidental to the collection or transport of the waste and so long as –

(a)the amount of tank washings consisting of dirty ballast so stored at such waste reception facilities at any time does not exceed 30% of the total deadweight of the ships from which such washings have been landed;

(b)the amount of tank washings consisting of waste mixtures containing oil so stored at such waste reception facilities at any time does not exceed 1% of the total deadweight of the ships from which such washings have been landed.

(3) In this paragraph –

“garbage” and “tank washings” have the same meaning as in paragraph 20(2) of Schedule 3 to the Controlled Waste Regulations (Northern Ireland) 2002(29);

“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform.

Commencement Information

I49Sch. 2 para. 36 in operation at 19.12.2003, see reg. 1(1)

37.—(1) Subject to sub-paragraph (2), the burial of a dead domestic pet in the garden of domestic property where the pet lived.N.I.

(2) Sub-paragraph (1) does not apply if –

(a)the dead domestic pet may prove hazardous to anyone who may come into contact with it; or

(b)the burial is carried out by an establishment or undertaking.

Commencement Information

I50Sch. 2 para. 37 in operation at 19.12.2003, see reg. 1(1)

38.  The deposit or storage of samples of waste which are being or are to be subjected to testing and analysis if the samples are taken –N.I.

(a)in the exercise of any power under the Radioactive Substances Act 1993(30), the 1978 Order, the 1997 Order, the Water Order, the Industrial Pollution Control Order or the Environment (Northern Ireland) Order 2002(31);

(b)by or on behalf of the holder of a waste management licence, a disposal licence or a resolution in pursuance of the conditions of that licence or resolution;

(c)by or on behalf of a person carrying on in relation to the waste, an activity described in Part I of this Schedule or in regulation 16(1);

(d)by or on behalf of the owner or occupier of the land from which the samples are taken;

(e)by or on behalf of any person to whom –

(i)Article 5 of the 1997 Order applies in connection with his duties under that Article; or

(ii)the Special Waste Regulations (Northern Ireland) 1998(32) applies; or

(f)for the purposes of research.

Commencement Information

I51Sch. 2 para. 38 in operation at 19.12.2003, see reg. 1(1)

39.—(1) The secure storage at a pharmacy, pending their disposal there or elsewhere, of waste medicines which have been returned to the pharmacy from households or by individuals if –N.I.

(a)the total quantity of such returned waste medicines at the pharmacy does not exceed 5 cubic metres at any time; and

(b)any waste medicine so returned to the pharmacy is not stored there for longer than six months.

(2) The secure storage at the premises of a medical, nursing or veterinary practice of waste produced in carrying on that practice if –

(a)the total quantity of that waste at the premises does not at any time exceed 5 cubic metres; and

(b)no such waste is stored at those premises for longer than three months.

Commencement Information

I52Sch. 2 para. 39 in operation at 19.12.2003, see reg. 1(1)

40.—(1) The storage, pending its collection or transport, of non-liquid waste at any site other than the premises where it is produced [F114including the temporary storage of WEEE [F115or waste batteries or accumulators] pending its recovery] if –N.I.

(a)it is stored in a secure container or containers, does not at any time exceed 50 cubic metres in total and is not kept for a period longer than 3 months;

(b)the person storing the waste is the owner of the container or has the consent of the owner; F116...

(c)the container in which it is stored is not on a site which is otherwise being used for the reception of waste with a view to its being disposed of or recovered elsewhere [F117; and

(d)the person storing the waste ensures that no waste collected and transported in accordance with Article 5(2E) of the 1997 Order is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.]

(2) Sub-paragraph (1) does not apply to the storage of waste at a place used for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) The temporary storage, pending their collection or transport, of scrap rails on operational land of a railway, light railway or tramway if the total quantity of that waste in any one place does not at any time exceed 10 tonnes.

Textual Amendments

F116Word in Sch. 2 Pt. 1 para. 40(1)(b) omitted (14.2.2015) by virtue of The Food Waste Regulations (Northern Ireland) 2015 (S.R. 2015/14), regs. 1(1), 5(4)(b)(i)

F117Sch. 2 Pt. 1 para. 40(1)(d) and word substituted for full stop (14.2.2015) by virtue of The Food Waste Regulations (Northern Ireland) 2015 (S.R. 2015/14), regs. 1(1), 5(4)(b)(ii)

Commencement Information

I53Sch. 2 para. 40 in operation at 19.12.2003, see reg. 1(1)

41.—(1) The temporary storage, pending its collection, of waste [F118(including WEEE or waste batteries or accumulators)] on the site where it is produced.N.I.

(2) Sub-paragraph (1) does not apply to the storage of waste at a place used for the recovery of scrap metal or the dismantling of waste motor vehicles.

(3) Sub-paragraph (1) shall apply to [F19hazardous waste] if –

(a)it is stored on the site for no more than twelve months;

(b)in the case of liquid waste, it is stored in a secure container and the total volume of that waste does not at any time exceed 23,000 litres; and

(c)in any other case –

(i)it is stored in a secure container and the total volume of that waste does not at any time exceed 80 cubic metres; or

(ii)it is stored in a secure place and the total volume of that waste does not at any time exceed 50 cubic metres.

Textual Amendments

Commencement Information

I54Sch. 2 para. 41 in operation at 19.12.2003, see reg. 1(1)

42.—(1) The treatment, keeping or disposal by any person at any premises of waste consisting of scrap metal or waste motor vehicles which are to be dismantled if –N.I.

(a)he was carrying on the activity in question at those premises before 19th December 2003; and

(b)he has applied, before that date, for a disposal licence under Part II of the 1978 Order authorising that activity and that application is pending on that date.

(2) The exemption conferred by sub-paragraph (1), in relation to the carrying on of an activity at any premises, shall cease to have effect in relation to the carrying on of that activity at those premises on the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, on the date on which –

(a)the period for appealing expires without an appeal being made; or

(b)any appeal is withdrawn or finally determined.

Commencement Information

I55Sch. 2 para. 42 in operation at 19.12.2003, see reg. 1(1)

43.—(1) The treatment, keeping or disposal by any person at any premises of waste if –N.I.

(a)he was carrying on the activity in question at those premises before 19th December 2003; and

(b)before that date no disposal licence was required under Part II of the 1978 Order for that activity.

(2) Subject to sub-paragraph (3), the exemption conferred by sub-paragraph (1), in relation to an activity carried on by a person at any premises, shall after 19th December 2004 cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.

(3) Where a person makes such an application as is mentioned in sub-paragraph (2), the exemption conferred by sub-paragraph (1) shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the date on which –

(a)the period for appealing expires without an appeal being made; or

(b)any appeal is withdrawn or finally determined.

Commencement Information

I56Sch. 2 para. 43 in operation at 19.12.2003, see reg. 1(1)

44.—(1) Heating iron, steel or any ferrous-alloy, non-ferrous metal or non-ferrous metal alloy, in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, for the purpose of removing grease, oil or any other non-metallic contaminant.N.I.

(2) Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (l), of Part A or paragraphs (a), (b), (e) or (f) of Part B or paragraphs (a), (b) or (c) of Part C of section 2.1 of Schedule 1 to the 1998 Regulations or an activity described in section 2.1 (other than in paragraph (d) of Part C) of Part I of Schedule 1 to the 2003 Regulations.

(4) In the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (j) or (k), of Part A of section 2.2 of Schedule 1 to the 1998 Regulations or an activity described in Part A of section 2.2 of Part I of Schedule 1 to the 2003 Regulations.

(5) The secure storage at the premises where the heating is to take place of waste intended to be submitted to heating to which sub-paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement.

(6) In this paragraph, “net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

(7) In this paragraph, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in section 2.2 of Schedule 1 to the 1998 Regulations, or as the case may be, section 2.2 of Schedule 1 to the 2003 Regulation and “non-ferrous metal alloy” shall be construed accordingly.

Commencement Information

I57Sch. 2 para. 44 in operation at 19.12.2003, see reg. 1(1)

[F11945.—(1) Subject to the conditions specified in sub-paragraph (3), the storage of waste of a type identified by the six-digit EWC Code in Column 1 of Table 10 and referred to by the corresponding waste description in Column 2 of that Table at a quayside prior to loading a vessel.N.I.

(2) For the purposes of this paragraph, “vessel” means a vessel as defined in Article 1 of Schedule 11 to the Merchant Shipping Act 1995.

(3) The specified conditions are that—

(a)the combined total volume of all wastes stored on site at any one time does not exceed 5,000m3;

(b)no waste is stored for longer than 12 months; and

(c)the site has, and is operated in accordance with, planning permission, where such permission is required.

Table 10

Six-digit EWC CodeWaste description
02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 10waste metal
12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 01ferrous metal filings and turnings
12 01 02ferrous metal dust and particles
12 01 03non-ferrous metal filings and turnings
12 01 04non-ferrous metal dust and particles
15 01 packaging (including separately collected municipal packaging waste)
15 01 04metallic packaging
16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 17ferrous metal
16 01 18non-ferrous metal
16 08 spent catalysts
16 08 01spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07)
16 08 03spent catalysts containing transition metals or transition metal compounds not otherwise specified
17 04 metals (including their alloys)
17 04 01copper, bronze, brass
17 04 02aluminium
17 04 03lead
17 04 04zinc
17 04 05iron and steel
17 04 06tin
17 04 07mixed metals
17 04 11cables other than those mentioned in 17 04 10
19 01 wastes from incineration or pyrolysis of waste
19 01 02ferrous materials removed from bottom ash
19 10 wastes from shredding of metal-containing wastes
19 10 01iron and steel waste
19 10 02non-ferrous waste
19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 02ferrous metal
19 12 03non-ferrous metal
20 01 separately collected fractions (except 15 01)
20 01 40metals]

Textual Amendments

46.—(1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 11 –N.I.

(a)the recovery within the curtilage of a water treatment works of waste from water treatment if the total quantity of waste which is accepted in any period of twelve months does not exceed 10,000 cubic metres;

(b)the secure storage within the curtilage of a water treatment works of waste intended to be submitted to the activities mentioned in sub-paragraph (a);

(c)the recovery of waste within the curtilage of a sewage treatment works where the total quantity of waste accepted at a sewage treatment works in any period of 12 months does not exceed 100,000 cubic metres; and

(d)the secure storage within the curtilage of a sewage treatment works of waste intended to be submitted to the activities mentioned in sub-paragraph (c).

(2) Sub-paragraphs (1)(a) and (b) apply to only those wastes identified by EWC Code in Column 1 of Part 1 of Table 11 and referred to in Column 2 of that Table and sub-paragraphs (1)(c) and (d) apply to any of those wastes listed by EWC Code in Column 1 of Table 11 and referred to in Column 2 of that Table.

(3) The recovery and storage operation takes place on an impermeable pavement.

Table 11

EWC CodeTypes of wasteLimitation
PART I
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 01solid waste from primary filtration and screeningsScreenings only
19 09 02sludges from water clarification
19 09 03sludges from decarbonation
19 09 06solutions and sludges from regeneration of ion exchangers
PART II
Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05sludges from treatment of urban waste water
Other municipal wastes (20 03)
20 03 04Septic tank sludge
20 03 99Municipal waste not otherwise specifiedcesspool waste and other sewage sludge not described elsewhere in this table only.

Commencement Information

I58Sch. 2 para. 46 in operation at 19.12.2003, see reg. 1(1)

47.—(1) Subject to sub-paragraphs (2) to (4), the burning at a dock of waste consisting of –N.I.

(a)plant tissue waste, in pursuance of a notice given under Article 22 of the Plant Health Order (Northern Ireland) 1993(33);

(b)wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, in pursuance of a notice given under Article 20 of the Plant Health (Wood and Bark) Order (Northern Ireland) 1993(34).

(2) The storage at the dock where it was unloaded of waste intended to be burned under sub-paragraph (1).

(3) The total quantity of waste stored, or burned in any period of 24 hours, shall not exceed 15 tonnes.

(4) The waste shall be burnt on a hardstanding within a secure location at the dock where it was unloaded.

Commencement Information

I59Sch. 2 para. 47 in operation at 19.12.2003, see reg. 1(1)

[F12047A.—[F121(1) The treatment of land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if—N.I.

(a)the waste consists only of liquid milk;

(b)before the treatment the waste is diluted with not less than an equal quantity of water or slurry;

(c)in any period of 30 days the land is treated with no more than 50 cubic metres (tonnes) of diluted waste per hectare; and

(d)the treatment shall be carried out in accordance with the [F122Nutrient Action Programme Regulations (Northern Ireland) 2019].]

(2) The secure storage or dilution of waste intended to be used to treat land as specified in sub-paragraph (1).

(3) For the purposes of this paragraph, waste is subject to treatment only when it is spread on land or is injected or otherwise introduced into the surface of that land.]

Textual Amendments

F121Sch. 2 Pt. 1 para. 47A(1) substituted (1.1.2007) by virtue of The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(f) (with reg. 2)

F122Words in Sch. 2 Pt. 1 para. 47A(1)(d) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(a)

[F12347B.  The deposit of agricultural waste consisting of plant tissue at the place of production if—N.I.

(a)there is no more than 250 cubic metres (tonnes) in any one deposit;

(b)the deposit is not immediately adjacent to any other deposit made in reliance on this exemption; F124...

(c)the deposit shall be carried out in accordance with the [F125Nutrient Action Programme Regulations (Northern Ireland) 2019] [F126; and

(d)the deposit is carried out in accordance with any requirements specified under a notice served under Article 32 of the Plant Health Order (Northern Ireland) 2006.]]

Textual Amendments

F123Sch. 2 Pt. 1 para. 47B substituted (1.1.2007) by virtue of The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(g) (with reg. 2)

[F12747C.—(1) The disposal of agricultural waste consisting of non-hazardous pesticide solution or washings in a lined biobed at the place of production of that waste if—N.I.

(a)every part of the place upon which the disposal is carried out is surfaced with an impermeable pavement provided with a sealed drainage system so that all liquids are directed into the biobed;

(b)the biobed is located at a secure place at least—

(i)10 metres from a waterway;

(ii)50 metres from a spring, well or borehole; and

(iii)250 metres from a borehole used for a public water supply;

(c)the lining of the biobed is impermeable;

(d)the biobed is suitable for treatment of the waste;

(e)the biobed is covered with turf;

(f)the total quantity of waste being treated does not exceed 15,000 litres in any period of 12 months;

(g)the input of rainfall is limited by a temporary impermeable cover during times when—

(i)the soil is waterlogged;

(ii)the land is flooded or likely to flood; or

(iii)heavy rain or snow is forecast within 48 hours; and

(h)the biobed is at least 1 metre in depth and at least 1 cubic metre of biobed material is used to treat 1000 litres of liquid.

(2) The secure storage within covered secondary containment of not more than 1500 litres of waste at the place where it is intended to be treated in a biobed in reliance on the exemption in sub-paragraph (1).

(3) The treatment of land used for agriculture with agricultural waste consisting of biobed material where such treatment results in benefit to agriculture or ecological improvement if —

(a)the biobed material is stored securely for 12 months before it is spread;

(b)the biobed material consists of a mixture of straw, compost and biologically active soil;

(c)the treatment shall be carried out in accordance with the [F128Nutrient Action Programme Regulations (Northern Ireland) 2019]; and

(d)the total quantity of waste used does not exceed 50 tonnes per hectare in any period of 12 months.

(4) The secure storage at the place of production of waste that is intended to be used in reliance of the exemption in sub-paragraph (3) if—

(a)no more than 50 cubic metres of waste is stored at any one time; and

(b)no waste is stored more than 3 years.

(5) For the purposes of this paragraph “secondary containment” means an area surrounded by a bund or any other system for preventing a liquid which is no longer in its container from escaping from the place where it is stored.

Textual Amendments

F128Words in Sch. 2 Pt. 1 para. 47C(3)(c) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(b)

47D.—(1) The mixing of ash from the incineration of pig or poultry carcases at its place of production with manure for use in land treatment as specified in sub-paragraph (2).N.I.

(2) The treatment of land used for agriculture with agricultural waste produced on that land where such treatment results in benefit to agriculture or ecological improvement if—

(a)the waste consists of ash from the incineration of pig or poultry carcases or such ash mixed with manure in reliance of the exemption in sub-paragraph (1);

(b)the treatment shall be carried out in accordance with the [F129Nutrient Action Programme Regulations (Northern Ireland) 2019];

(c)where the waste consists only of ash from the incineration of pig or poultry carcases the waste is incorporated into the soil as soon as possible; and

(d)the total quantity of ash incorporated into the soil does not exceed 150 kilogrammes per hectare in any period of 12 months.

(3) The secure storage of not more than 100 tonnes of waste intended to be used to treat land as specified in sub-paragraph (2).

Textual Amendments

F129Words in Sch. 2 Pt. 1 para. 47D(2)(b) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(b)

47E.—(1) The treatment of land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if—N.I.

(a)the waste consists of dredgings (other than those containing dangerous substances) from farm ditches;

(b)the treatment shall be carried out in accordance with the [F130Nutrient Action Programme Regulations (Northern Ireland) 2019]; and

(c)the total quantity of waste used per hectare does not exceed 150 tonnes per hectare in any period of 12 months.

(2) The secure storage of not more than 200 tonnes of waste intended to be used to treat land as specified in sub-paragraph (1).

Textual Amendments

F130Words in Sch. 2 Pt. 1 para. 47E(1)(b) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(b)

47F.  The treatment of land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if—N.I.

(a)the waste consists only of spent mushroom compost;

(b)the treatment shall be carried out in accordance with the [F131Nutrient Action Programme Regulations (Northern Ireland) 2019];

(c)the total quantity of waste used per hectare does not exceed 50 tonnes per hectare in any period of 12 months; and

(d)the total quantity of waste stored at any one time does not exceed 200 tonnes.]

Textual Amendments

48.  For the purposes of this Schedule –N.I.

a container, lagoon or place is “secure” in relation to waste kept in it if all reasonable precautions are taken to ensure that the waste cannot escape from it and members of the public are unable to gain access to the waste, and any reference to secure storage means storage in a secure container, lagoon or place;

“inland waters” means the whole or any part of –

(a)

any river, stream or other watercourse (within the meaning of the Water Order), whether natural or artificial and whether tidal or not;

(b)

any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; and

(c)

so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition.

Commencement Information

I60Sch. 2 para. 48 in operation at 19.12.2003, see reg. 1(1)

[F13249.—(1) The carrying on, at any secure place in respect of WEEE of a kind described in Table 11A, of the treatment activities of repair or refurbishment or both if—N.I.

(a)the activity is carried on with a view to the reuse of the WEEE for its original purpose;

(b)best available treatment, recovery and recycling techniques are used when carrying out the activity;

(c)the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the treatment limit specified in relation to that kind of WEEE in Table 11A;

(d)the technical requirements specified in [F133Annex VIII of the WEEE Directive] are met.

Table 11A

Kind of WasteStorage LimitsTreatment Limits
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 1380 cubic metres5 tonnes per day
20 01 36 (WEEE other than those mentioned in 20 01 21, 20 01 23 and 20 01 35)80 cubic metres5 tonnes per day

(2) The carrying on at any secure place in respect of WEEE that is hazardous waste of a kind described in Table 11B, of the treatment activities of repair or refurbishment or both, but not including the degassing and capture of ozone depleting substances, if—

(a)the activity is carried on with a view to the reuse of the WEEE for its original purpose;

(b)best available treatment, recovery and recycling techniques are used when carrying out the activity;

(c)the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the treatment limit specified in relation to that kind of WEEE in Table 11B;

(d)the technical requirements specified in [F133Annex VIII of the WEEE Directive] are met;

(e)the other requirements specified in relation to that kind of WEEE in Table 11B are met.

Table 11B

Kind of WasteStorage LimitsTreatment LimitsOther Requirements
16 02 11* (WEEE containing chlorofluorocarbons, HCFC, HFC) and 20 01 23* (WEEE containing chlorofluorocarbons)80 cubic metres5 tonnes per dayStored and treated in a manner that will prevent the release of the CFCs, HCFCs or HFCs
Television and computer monitors containing cathode ray tubes falling within 16 02 13* (WEEE containing hazardous components other than those mentioned in 16 02 09 to 16 02 12) and 20 01 35* (WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components)80 cubic metres5 tonnes per day

(3) The secure storage at the place where the activity is carried on of any WEEE of a kind described in Table 11A or 11B intended to be submitted to repair or refurbishment or both if—

(a)the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the storage limit specified in relation to that kind of WEEE in Table 11A or 11B;

(b)the technical requirements specified in [F133Annex VIII of the WEEE Directive] are met;

(c)the other requirements specified in relation to that kind of WEEE in Table 11B are met;

(d)the WEEE is stored in such a manner that is environmentally sound reuse or recycling is not hindered;

(e)no WEEE is stored at that place for more than 12 months.

(4) Paragraphs (1), (2) and (3) only apply to the carrying on of an activity at a place if the person responsible for the management of that place has established administrative arrangements to ensure that—

(a) WEEE accepted at that place is of a kind described in Table 11A or 11B, as the case may be; and

(b)no waste is accepted at that place in such a quantity as would cause there to be breach of any of the conditions of the exemption.

(5) For the purposes of this paragraph, the storage and treatment limits specified in Tables 11A and 11B are overall limits that apply to all waste falling within the 6-digit code or codes specified in those tables.]

Textual Amendments

[F13250.—(1) The secure storage at any place of WEEE of a kind described in Tables 11C if—N.I.

(a)the WEEE is stored for the purpose of its recovery elsewhere;

(b)the total quantity of any particular kind of WEEE stored at the site at any time does not exceed the storage limit specified in relation to that kind of WEEE in Table 11C;

(c)the total duration that any particular kind of WEEE is stored for does not exceed the duration limits specified in relation to that kind of WEEE in Table 11C;

(d)the type of containment specified in relation to that kind of WEEE in Table 11C is met; and

(e)the WEEE is stored on such a manner that its environmentally sound reuse or recycling is not hindered.

Table 11C

Kind of WasteMaximum quantityMaximum durationType of containment
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 12)80 cubic metres3 monthsimpermeable surface; weatherproof covering of stored WEEE
20 01 36 (WEEE other than those mentioned in 20 01 21, 20 01 23 and 20 01 35)80 cubic metres3 monthsimpermeable surface; weatherproof covering of stored WEEE

(2) The secure storage at any place of WEEE of a kind described in Table 11D if—

(a)the WEEE is stored for the purpose of its recovery elsewhere;

(b)the total quantity of any particular kind of WEEE stored at the site at any time does not exceed the storage limit specified in relation to that kind of WEEE in Table 11D;

(c)the total duration that any particular kind of WEEE is stored for does not exceed the duration limits specified in relation to that kind of WEEE in Table 11D;

(d)the type of containment and other requirements specified in relation to that kind of WEEE in Table 11D are met; and

(e)the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.

Table 11D

Kind of WasteMaximum quantityMaximum durationType of containmentOther requirements
16 02 11* (WEEE containing chlorofluorocarbons, HCFC or HFC) and 20 01 23* (WEEE containing chlorofluorocarbons)80 cubic metres3 monthsimpermeable surface; weatherproof covering of stored WEEEstored in a manner that will prevent the release of the CFC, HCFC and HFC; the number of units in any stack shall not exceed 2; the overall height of any stack shall not exceed 3.5m
16 02 13* (WEEE containing hazardous components other than those mentioned in 16 02 09 to 16 02 12) and 20 01 35* (WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components)80 cubic metres3 monthsimpermeable surface; weatherproof covering of stored WEEE
20 01 21* (fluorescent tubes and other mercury-containing waste)50 cubic metres3 monthsappropriate secure containers; weatherproof coveringstored in such a way that the glass is not broken

(3) For the purposes of sub-paragraphs (1) and (2), the activity of storage shall be taken to include the incidental sorting of waste of that kind.

(4) For the purposes of this paragraph, the storage and treatment limits specified in Tables 11C and 11D are overall limits that apply to all waste falling within the 6-digit code or codes specified in those Tables.]

Textual Amendments

[F13251.—(1) The crushing of waste gas discharge lamps (including fluorescent tubes which are hazardous waste within category 20 01 21*) for the purposes of volume reduction prior to collection, where the material is intended for recovery or reuse if—N.I.

(a)the activity is carried on in equipment designed for the purpose of volume reduction prior to collection;

(b)the activity is carried on solely for that purpose;

(c)the mercury concentration in emissions does not exceed 50 micrograms per cubic metre;

(d)the total quantity of lamps processed in any period of 24 hours does not exceed 3 tonnes;

(2) The secure storage of such lamps prior to crushing, or after crushing but prior to collection if—

(a)the lamps are stored under weatherproof covering; and

(b)after crushing the lamps are stored in a secure container.]

Textual Amendments

[F13452.  The secure storage at a place other than the place of production, pending its recovery, of waste batteries or accumulators of a kind described in Table 11E, if—N.I.

(a)the total quantity of waste batteries or accumulators stored at the site at any one time does not exceed the maximum quantity specified in Table 11E;

(b)the total duration that the waste batteries or accumulators are stored for does not exceed the maximum duration specified in Table 11E;

(c)the waste batteries or accumulators are stored in a container separate from other wastes; and

(d)the storage site has sealed drainage.

Table 11E

EWC codesKind of wasteMaximum quantityMaximum duration
160601*, 160602*, 160604, 200133*, 200134batteries and accumulators5 tonnes for automotive batteries and accumulators, 10 tonnes for portable batteries and accumulators6 months]

Textual Amendments

PART IIN.I.INFORMATION REQUIRED FOR THE REGISTRATION OF AN EXEMPTION

Commencement Information

I61Sch. 2 Pt. II in operation at 19.12.2003, see reg. 1(1)

Paragraph number of exempt activity in Part IPlans and documents required
8

In relation to the requirement of regulation 18 that the notification to the Department contains information on the place where the activity is carried on (including any requirement relating to the submission to the Department of a plan for such a place and a grid reference for that place), the following shall be submitted –

(a)

the location, name and address and six figure Ordnance Survey Irish grid reference of the place where any waste is to be stored under paragraph 8(2) of Part I;

(b)

the quantity of waste to be stored at any one time;

(c)

the storage arrangements for the waste, including details of the construction and capacity of all tanks and their bunds; and

information on the use to which the waste is to be put, including the type of vehicle, locomotive or vessel in which the engine referred to in paragraph 8(1) of Part I is located.

9

(1) The notice shall include the following particulars –

(a)a description of the waste to be used, its physical form and the process from which it arose;

(b)a description of where and how the waste will be stored pending its use;

(c)a description of the land which is to be treated with the waste, including the farm survey number, client reference number and field number (if there is one) and area, the area available for treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months;

(d)the method and intended date of treatment, the quantities of waste to be used and the rate of application;

(e)details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans;

(f)the location of any waterway within 15 metres of the land on which the waste is to be spread.

(2) The notice shall be accompanied by the following documents –

(a)an analysis of the wastes to be used and the soil which is to be treated with them;

(b)an assessment of the risk of pollution caused by the use;

(c)a certificate describing how the treatment will result in benefit to agriculture or ecological improvement,

which shall be prepared by or be based upon advice from a person with appropriate technical or professional expertise.

(3) Wastes shall be analysed in relation to the following parameters –

(a)percentage dry solids content;

(b)pH;

(c)conductivity (mS);

(d)total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis;

(e)biochemical oxygen demand; and

(f)in relation to the types of waste that are listed in the first column of Table 12 in Part III of this Schedule, the parameters ticked in the remaining columns of the Table.

10

The notice shall include the following particulars –

(a)

the names, addresses and telephone numbers, and, if applicable, the fax numbers and e-mail addresses of the establishment or undertaking that is to store or spread the sludge and of the establishment or undertaking supplying the sludge;

(b)

the quantity of sludge to be stored or spread and its origin;

(c)

information on how the sludge has been treated and where it has been treated;

(d)

the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used;

(e)

the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 400 metres of the boundaries of that place;

(f)

where sludge is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise.

11

(1) The notice shall include the following particulars –

(a)where less than 2,500 cubic metres of waste are to be spread in any one year, a description of the spreading, the type and quantity of waste to be spread and the location of the spreading;

(b)where 2,500 or more cubic metres of waste are to be spread –

(i)the total quantity of waste to be spread;

(ii)the type of waste to be spread, identified by reference to the descriptions in the second column of Table 4;

(iii)the name, address and telephone number of all the relevant landowners and the location of their land where the waste is to be spread or stored;

(iv)a plan of the spreading with cross-sections showing the proposed final levels of the land affected by the spreading;

(v)the intended start and completion date of the spreading and any related storage.

(2) Where any of the wastes listed in Part II of Table 4 is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise.

13

Where the total amount of compost at the site exceeds or will exceed 10 tonnes at any one time, the plan accompanying the notice referred to in regulation 18 shall show –

(a)

the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of that place;

(b)

the quantities and types of waste to be composted, and the expected duration of the composting;

(c)

where containment is to be provided by composting in a vessel, in a sealed building or other similar arrangement to provide a contained and controlled composting environment, the method of containment.

19

The notice shall include the following particulars –

(a)

where less than 2,500 cubic metres of waste are to be stored or used, a description of the use, the type and quantity of waste to be stored or used and the location of the spreading;

(b)

where 2,500 or more cubic metres of waste are to be stored or used –

(i)

the total quantity of waste to be stored or used;

(ii)

the type of waste to be stored or used, identified by reference to the descriptions in Table 8;

(iii)

the names, addresses, telephone numbers, and if applicable, the fax numbers and e-mail addresses of all owners of the land where the waste is to be stored or used;

(iv)

a plan containing at least one cross-section showing the proposed final levels of the land affected by the use of the waste;

(v)

the intended start and completion date of the storage or use.

45

(a)The notice shall include the location of any such secure containers as are mentioned in paragraph 45(2)(e) of Part I of Schedule 2

(b)The records required by regulation 19(3) and paragraph 14 of Part I of Schedule 3 shall be kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months.

(c)These records shall be sent annually to the Department with the notification required by regulation 17 and the fee referred to in regulation 18.

PART IIIN.I.assessment of benefit to agriculture or ecological improvement

1.  In assessing benefit to agriculture or ecological improvement for the purposes of [F135paragraphs 9, 10, 11, 25 and 47A] of Part I of this Schedule, regard shall be had to the following paragraphs of this Part.N.I.

Textual Amendments

Commencement Information

I62Sch. 2 Pt. III para. 1 in operation at 19.12.2003, see reg. 1(1)

2.  Benefit to agriculture shall be assessed by reference to whether the [F136spreading, treatment or deposit] will result in an improvement of the soil for the purpose of growing crops or grazing, and the following criteria shall apply for the purposes of such assessment –N.I.

(a)the addition of nitrogen, phosphorous and other plant nutrients in the waste material should take account of the soil nutrient status and other sources of nutrient supply and be matched to the needs of the planned crop rotation;

[F137(b)for exempt activities to which the [F138Nutrient Action Programme Regulations (Northern Ireland) 2019] apply the exempt activity shall be carried out in accordance with those Regulations;]

(c)the addition of materials containing lime should take account of the neutralising value of the material, the pH of the soil and the target soil pH for the crop rotation;

(d)the addition of organic matter which improves the capacity of the soil to hold water, or its porosity, stability, tilth and workability and is a benefit;

(e)the [F136spreading, treatment or deposit] of watery wastes may be a benefit where the moisture of the soil is insufficient to support the growth of crops at the time of application, or where they contain nutrients which are applied at an appropriate rate;

(f)the [F136spreading, treatment or deposit] of waste soil may be a benefit where it is done in order to level uneven land and thereby facilitate the use of the land for agriculture, but not where it is done solely in order to raise the level of the land.

Textual Amendments

F136Words in Sch. 2 Pt. 3 para. 2 substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 24(2)

Commencement Information

I63Sch. 2 Pt. 3 para. 2 in operation at 19.12.2003, see reg. 1(1)

3.  Ecological improvement shall be assessed by reference to the extent to which wildlife habitats, which might otherwise deteriorate, are maintained or supported. The creation of a new habitat or the restoration of an old habitat shall be considered to be an improvement.N.I.

[F139Table 12

(Part I, paragraph 9)

Parameter
Waste description and EWC Code (relating to Table 3)Neutralising valueMicro-biologyOils and fatsPotential toxic elementsPrescribed substances*Carbon / nitrogen ratio
*substances listed in Schedule 6 to the 1998 Regulations.]
Plant tissue waste 02 01 03XXXX
Soil from cleaning and washing beet 02 04 01XXXX
Off specification compost consisting only of biodegradable waste 19 05 03XXXX
Biodegradable waste 20 02 01XXXX
Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets 02 01 99XXX
Sludges from on-site effluent treatment 02 02 04XXX
Waste bark and cork 03 01 01XXX
Sawdust shavings, cuttings, wood, particle board 03 01 05XXX
Waste bark and wood 03 03 01XXX
Soil and stones 17 05 04XXX
Soil and stones (from gardens and parks including cemeteries) 20 02 02XXX
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve productions; yeast and yeast extract productions; molasses preparation and fermentation 02 03 01 to 02 03 05XX
Wastes from sugar processing 02 04 01 to 02 04 03XX
Wastes from production of dairy products 02 05 01 to 02 05 02XX
Wastes from the baking and confectionary industry 02 06 01 to 02 06 03XX
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) 02 07 01 to 02 07 05XX
De-inking sludges and de-inked paper pulp from paper recycling 03 03 05 and 03 03 99XXXX
Lime mud waste 03 03 09XXX
Wastes from calcination and hydration of lime 10 13 04XXX
Sludges, in particular from on-site effluent treatment free of chromium 04 01 07XXX
Organic matter from natural product (e.g. grease, wax) 04 02 10X
Wastes from finishing other than those containing organic solvents 04 02 15X
Sludges from on-site effluent treatment 04 02 20X
Wastes from unprocessed textile fibres 04 02 21X
Wastes from processed textile fibres 04 02 22X
Dredging spoil 17 05 06XX
Liquor from anaerobic treatment of municipal waste 10 06 03XX
Digestate from anaerobic treatment of municipal waste 10 06 04XX
Liquor from anaerobic treatment of animal and vegetable waste 19 06 05XX
Digestate from anaerobic treatment of animal and vegetable waste 19 06 06XX
Sludges from water clarification 19 09 02XXXX

Textual Amendments

Commencement Information

I64Sch. 2 Pt. III para. 3 in operation at 19.12.2003, see reg. 1(1)

Regulations 1(3) and 21

[F140SCHEDULE 3 N.I.WASTE FRAMEWORK DIRECTIVE

Textual Amendments

PART IN.I.General

Interpretation of Schedule 3N.I.

1.  In this Schedule, unless the context otherwise requires—

“best available techniques” means best available techniques as defined in [F141Article 3(10) of Directive 2010/75/EU]; of the European Parliament and of the Council concerning integrated pollution prevention and control;

“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

“competent authority” has the meaning given by paragraph 3;

“development” and “development plan” has the same meaning as in the Planning (Development Plans) Regulations (Northern Ireland) 1991;

“modify” includes vary, and cognate expressions shall be construed accordingly;

“municipal waste” means household waste and similar waste;

“permit” means a waste management licence under Article 6 of the 1997 Order, a disposal licence, an authorisation under the Industrial Pollution Control Order, a permit under the 2003 Regulations, a resolution, a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009 or a consent under the Water Order;

“plan-making provisions” means paragraph 5 below, Articles 19 and 23 of the 1997 Order and Parts II and III of the Planning (Northern Ireland) Order 1991;

“planning permission” has the same meaning as in Part I of the Planning (Northern Ireland) Order 1991;

“preparing for re-use” means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing; and “preparation for re-use” shall be construed accordingly;

“prevention” means measures taken before a substance, material or product has become waste, that reduce—

(a)

the quantity of waste, including through the re-use of products or the extension of the life span of products;

(b)

the adverse impacts of the generated waste on the environment and human health; or

(c)

the content of harmful substances in materials and products;

“recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

“relevant objectives” has the same meaning given in paragraph 4;

“re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

“regional development strategy” means the regional development strategy referred to in Article 3 of the Strategic Planning (Northern Ireland) Order 1999;

“specified action” means any of the following—

(a)

determining—

(i)

an application for planning permission; or

(ii)

an appeal made under Article 32 of the Planning (Northern Ireland) Order 1991 in respect of such an application;

(b)

deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;

(c)

deciding whether—

(i)

in making or confirming a discontinuance order, to include in the order any grant of planning permission; or

(ii)

to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,

and, for the purposes of this sub-paragraph, “discontinuance order” means an order under Article 39 of the Planning (Northern Ireland) Order 1991;

(d)

discharging functions under Part III of the Planning (Northern Ireland) Order 1991;

“the Waste Hierarchy” means the priority order which shall apply to the prevention and management of waste as follows—

(a)

prevention;

(b)

preparing for re-use;

(c)

recycling;

(d)

other recovery, e.g. energy recovery; and

(e)

disposal;

“waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operation and the after-care of disposal sites, and including actions taken as a broker or dealer;

“Waste Management Groups” means arc21, SWaMP 2008 and the North West Region Waste Management Group.

Textual Amendments

Duties of competent authoritiesN.I.

2.—(1) Subject to the following provisions of this paragraph, a competent authority shall discharge their specified functions, in so far as they relate to the recovery or disposal of waste, with the relevant objectives.

(2) Where the recovery or disposal of waste is or forms part of a prescribed process designated for local control under the Industrial Pollution Control Order, and requires either a waste management licence or is covered by an exemption conferred by regulation 17 and Part I of Schedule 2 to, these Regulations, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—

(a)the Industrial Pollution Control Order so as to control pollution of the environment due to the release of substances into any environmental medium other than the air; or

(b)Part II of the 1997 Order in order to control pollution of the environment due to the release of substances into the air resulting from the carrying on of the prescribed process.

(3) In sub-paragraph (2), “prescribed process”, “designated for local control”, “pollution of the environment due to the release of substances into the air” and “pollution of the environment due to the release of substances into any environmental medium other than the air” have the meanings which they have in Article 2 of the Industrial Pollution Control Order.

(4) In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B or a Part C installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—

(a)the 2003 Regulations for any purpose other than preventing or, where that is not practicable, reducing emissions into the air;

(b)Part II of the 1997 Order for the purpose of preventing or reducing emissions into the air.

(5) In sub-paragraph (4), “Part B installation” and “Part C installation” have the meaning given by regulation 2(1) of the 2003 Regulations.

Meaning of “competent authority” etc.N.I.

3.—(1) For the purposes of this Schedule, “competent authority” means any of the persons or bodies listed in column (1) of Table 13 and, subject to sub-paragraph (2), in relation to a competent authority “specified function” means any function of that authority listed in column (2) of that Table opposite the entry for that authority.

Table 13
Column 1Column 2
Competent authoritiesSpecified functions
The Department

The taking of any specified action.

Its functions under Part II of the 1997 Order in relation to waste management licences, including preparing the waste management [F142plan] or any modification of that [F142plan] under Article 19 of that Order and preparation of a waste prevention programme, or any modification of these, under Part 3 of the Waste Regulations (Northern Ireland) 2011.

Its functions under Part II of the Food and Environment Protection Act 1985, or under paragraph 5 of this Schedule.

Its functions under Part 4 of the Marine and Coastal Access Act 2009.

Its function in relation to—

(a)

consents under the Water Order (offences in relation to pollution of water resources) for any discharge of waste in liquid form other than waste waters;

(b)

authorisations under regulation 22 (19) of the Groundwater Regulations (Northern Ireland) 2009 (discharge of a hazardous substance or non-hazardous pollutant);

(c)

notices under regulation 25 of the Groundwater Regulations (Northern Ireland) 2009 (prevent or control the input of hazardous substance or non-hazardous pollutant);

(d)

its functions under regulation 22 and Schedule 4 to these Regulations;

(e)

its functions under this Schedule and paragraph 13 to these Regulations; and

(f)

its functions under The Hazardous Waste Regulations (NI) 2005.

A district councilThe preparation or modification of a plan under Article 23 of the 1997 Order.
An enforcing authority (within the meaning of regulation 2(2) of the 2003 Regulations)Its functions in relation to permits under the 2003 Regulations except in relation to the carrying out of an exempt activity.
The Planning Appeals CommissionIts functions in relation to appeals under the 1997 Order and the 2003 Regulations.

(2) In Table 13, references to functions do not include functions of making, revoking, amending, revising or re-enacting orders, regulations or schemes where those functions are required to be discharged by regulations.

Textual Amendments

Relevant objectives in relation to waste managementN.I.

4.—(1) The following objectives are the relevant objectives in relation to waste management—

(a)to ensure that waste is managed without endangering human health, without harming the environment, and in particular—

(i)without risk to water, air, soil, plants or animals;

(ii)without causing a nuisance through noise or odours; and

(iii)without adversely affecting the countryside or places of special interest;

(b)to ensure that different types of waste are collected separately and are not mixed with other waste or other material with different properties where this is necessary to facilitate or improve recovery and where it is technically, environmentally and economically practicable, and

(c)to implement, so far as practicable, any plan made under the plan-making provisions.

(2) To apply the waste hierarchy in the following priority order Article 4 of the Directive in the manner set out in paragraph (3) is a relevant objective in relation to waste prevention, preparation for re-use and management—

(a)prevention;

(b)preparing for re-use;

(c)recycling;

(d)other recovery, including energy recovery;

[F143(e)]disposal.

(3) To apply the waste hierarchy in a way which delivers the best overall environmental outcome. The waste hierarchy may be departed from where this is justified by life-cycle thinking on the overall impact of the generation and management of such waste.

(4) The following are relevant objectives in relation to the recovery and disposal of waste—

(a)to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques;

(b)to ensure that the network referred to at paragraph (a) enables—

(i)the European Union as a whole to become self-sufficient in waste disposal, and in the recovery of mixed municipal waste collected from households, and the United Kingdom individually to move towards that aim, taking into account geographical circumstances or the need for specialised installations for certain types of waste; and

(ii)waste to be disposed of, and the mixed municipal waste collected from private households to be recovered, in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and human health.

(5) The following further objectives are relevant objectives in relation to functions under the plan-making provisions—

(a)to encourage firstly the prevention or reduction of waste production and its harmfulness, in particular by—

(i)the development of clean technologies more sparing in their use of natural resources;

(ii)the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and pollution hazards; and

(iii)the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery; and

(b)to encourage secondly—

(i)the recovery of waste by means of preparing for re-use, recycling, or reclamation or any other process with a view to extracting secondary raw materials; and

(ii)the use of waste as a source of energy.

Textual Amendments

F143Sch. 3 Pt. 1 para. 4(2)(f) renumbered as para. 4(2)(e) (30.11.2013) by The Waste (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/241), regs. 1(1), 9(2)

Preparation of offshore waste management planN.I.

5.—(1) Subject to sub-paragraph (2), it shall be the duty of the Department to prepare a statement (“the plan”) containing its policies in relation to the recovery or disposal of waste for the purposes of attaining the relevant objectives in those parts of United Kingdom waters and United Kingdom controlled waters for which the Department is the licensing authority.

(2) The plan shall relate in particular to—

(a)the type, quantity and origin of waste to be recovered or disposed of;

(b)general technical requirements;

(c)any special arrangements for particular wastes; and

(d)suitable disposal sites or installations.

(3) In exercising its offshore licensing functions the Department shall ensure—

(a)the waste hierarchy is applied to the generation of waste;

(b)waste generated by the disposal or recovery of waste is treated in accordance with Article 4 of the Directive;

(c)compliance with Article 13 of the Directive;

(d)compliance with the second paragraph of Article 23(1) of the Directive; and

(e)compliance with the following Articles of the Directive—

(i)Article 18 (2)(b) and (c);

(ii)Article 23(3) and (4); and

(iii)Article 35(1).

(4) The Department shall make copies of the plan available to the public on payment of reasonable charges.

(5) In this paragraph—

(a)“offshore licensing functions” means functions under Part 2 of the Food and Environment Protection Act 1985 and functions under Part 4 of the Marine and Coastal Access Act 2009; and

(b)“United Kingdom controlled waters” has the meaning given by section 24(1) of the Food and Environment Protection Act 1985.

Matters to be covered by permitsN.I.

6.  When the Department or a district council grants or modifies a permit, and the activities authorised by the permit include the treatment of waste, it shall ensure that the permit covers—

(a)the types and quantities of waste to be treated;

(b)for each type of operation permitted, the technical and any other requirements relevant to the site concerned;

(c)the safety and precautionary measures to be taken;

(d)the treatment site;

(e)such monitoring and control operations as may be necessary;

(f)such closure and after-care provisions as may be necessary; and

(g)the treatment method to be used for each type of operation.

Modifications of provisions relating to development plans and regional development strategyN.I.

7.  The Department for Regional Development shall have regard to Articles 4, 13 and 16 of the Directive in formulating a regional development strategy under Article 3 of the Strategic Planning (Northern Ireland) Order 1999.

Modifications of the Industrial Pollution Control (Northern Ireland) Order 1997N.I.

8.—(1) Subject to Article 28(1) of the Industrial Pollution Control Order, that Order shall have effect in relation to prescribed processes involving the disposal or recovery of waste with such modifications as are needed to allow an enforcing authority to exercise its functions under that Order for the purpose of achieving the relevant objectives.

(2) Nothing in sub-paragraph (1) requires an enforcing authority in granting an authorisation in relation to such a process to take account of the relevant objectives insofar as they relate to the prevention of detriment to the amenities of the locality in which the process is (or is to be) carried on if planning permission, resulting from the taking of a specified action by an enforcing authority after 18th December 2003, is or, before the process is carried on, will be in force.

Modifications of Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997N.I.

9.—(1) Part II of the 1997 Order shall have effect subject to the following modifications.

(2) In Articles 4(1) and 6 any reference to the deposit, treatment, keeping or disposal of controlled waste shall include a reference to any operation listed in Part II or III of this Schedule.

(3) Article 4(2) shall be amended as follows—

(a)for “Paragraph (1)” there shall be substituted “Paragraph (1)(a) or (b)”; and

(b)at the end there shall be inserted the words “except in the case of the treatment, keeping or disposal of household waste by an establishment or undertaking”.

(4) In Article 8(4), the reference to planning permission shall be taken to be a reference to planning permission resulting from the taking of a specified action by the Department.

(5) In Article 30(1), any reference to the treatment, keeping or disposal of such waste as is referred to in that paragraph shall include a reference to submitting such waste to any of the operations listed in Part II or III of this Schedule.

(6) In Article 30(2) any reference to the treatment, keeping or disposal of hazardous waste shall include a reference to submitting hazardous waste to any of the operations listed in Part II or III of this Schedule.

Modifications of Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978N.I.

10.  Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978 shall have effect as if any reference in that Part to waste included a reference to “waste” as defined in the Waste and Contaminated Land (NI) Order 1997.

References to “waste” in planning and water legislationN.I.

11.  In the Planning (Northern Ireland) Order 1991 and the Water Order, any reference to “waste” shall include a reference to Directive waste.

Registration by professional collectors and transporters of waste, and by dealers and brokersN.I.

12.—(1) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999; to collect or transport waste unless it is registered with the Department in accordance with the provisions of this paragraph.

(2) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b) or (c)(i)-(v) of regulation 22(4) to arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph.

(3) Sub-paragraphs (1) and (2) do not apply in cases where the establishment or undertaking is carrying on the activities therein mentioned pursuant to, and in accordance with the terms and conditions of, a permit.

(4) An establishment or undertaking that operates within Northern Ireland shall register with the Department whether or not it has its place of business in Northern Ireland.

(5) The Department shall establish and maintain a register of establishments and undertakings registering with it under the provisions of this paragraph.

(6) The register shall contain the following particulars in relation to each such establishment or undertaking—

(a)the name of the establishment or undertaking;

(b)the address of its principal place of business; and

(c)the address of any place at or from which it carries on its business.

(7) The Department shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing from that establishment or undertaking.

(8) A person guilty of an offence under sub-paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding the statutory maximum.

(9) The Department shall—

(a)secure that any register maintained by it under this paragraph is open to inspection by members of the public free of charge at all reasonable hours; and

(b)shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.

(10) Registers under this paragraph may be kept in any form.

(11) In this paragraph, “collect” and “transport” have the same meaning as they have in Article 26 of the Directive.

Duty to carry out appropriate periodic inspectionsN.I.

13.—(1) Subject to sub-paragraphs (4) and (5), any establishment or undertaking

(a)which carries out the recovery or disposal of controlled waste; or

(b)which collects or transports controlled waste; or

(c)which arranges for the recovery or disposal of controlled waste on behalf of others (dealers or brokers), and

(d)producers of hazardous waste;

shall be subject to appropriate periodic inspections by the competent authorities.

(2) In the case of establishments or undertakings handling end of life vehicles (whether or not such vehicles have been depolluted) periodic inspections in accordance with sub-paragraph (1) shall meet the requirements laid down in Article 6(2) of the End of Life Vehicles Directive.

(3) Article 44(1) and (2) of the 1997 Order (power to obtain information) shall have effect as if the provisions of this paragraph were provisions of Part II of that Order and as if, in those Articles, references to the Department or a district council were references to a competent authority.

(4) Subject to sub-paragraph (4A) and (5), in the case of the exempt activities referred to in the first column of Table 14, the duty under sub-paragraph (1) shall be discharged by carrying out inspections set out in the second column of that table in respect of any place where the relevant exempted activity is carried on.

(4A) In respect of establishments and undertakings carrying out exempt activities set out in paragraphs 49, 50 and 51, periodic inspections in accordance with sub-paragraph (1) shall verify the type and quantities of waste to be treated, the general technical requirements to be complied with and the safety precautions to be taken.

Table 14
Relevant exempt activity(1)Inspections required
(1)

numbered by reference to the corresponding paragraph of Part I of Schedule 2

9, 10An inspection shall be carried out at the time of treatment or, where that is not possible, not later than 4 weeks thereafter.
11, 13, 19, 45, 46

An initial inspection shall be carried out at the time when the exempt activity commences.

Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.

47, 49, 50 and 51

An initial inspection shall be carried out within two months of the receipt by the Department of the notification under Regulation 18(7).

Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.

Record keepingN.I.

14.—(1) Subject to any requirements to keep records under regulation 19 and sub-paragraph (2), an establishment or undertaking which carries out the disposal or recovery of controlled waste shall—

(a)keep a chronological record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered; and

(b)make that information available, on request, to the competent authorities or, in the case of hazardous waste, to a previous holder; and for this purpose “holder”, in respect of any such waste, means the producer or the person in possession of it.

(2) Where hazardous waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the relevant operation and, in the case of a disposal operation, of the after-care of the disposal site.

(3) Subject to sub-paragraph (4), sub-paragraph (1) does not apply where the disposal or recovery of the waste is covered by an exemption, conferred by—

(a)regulation 17(1) and Part I of Schedule 2;

(b)Article 3 of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995; or

(c)an exemption for a licence under Part 4 of the Marine and Coastal Access Act 2009.

(4) Sub-paragraph (1) does apply to an activity subject to an exemption conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 45, 46 or 47A of Part I of Schedule 2.

(5) Subject to sub-paragraph (6), it shall be an offence for an establishment or undertaking to fail to comply with any of the foregoing provisions of this paragraph insofar as that provision imposes any requirement or obligation upon it.

(6) Paragraph (2) of regulation 43 of the Hazardous Waste Regulations (Northern Ireland) 2005 (defence in cases of emergency, etc.) shall apply to a person charged with an offence under sub-paragraph (5) as it applies to a person charged with an offence under paragraph (1) of that regulation.

(7) A person who, in purported compliance with a requirement to furnish any information imposed by or under any of the provisions of this paragraph, makes a statement which that person knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(8) A person who intentionally makes a false entry in any record required to be kept by virtue of any of the provisions of this paragraph commits an offence.

(9) Regulation 43(6) of the Hazardous Waste Regulations (Northern Ireland) 2005 (Offence where act or default causes offence by another) shall apply to an offence under this paragraph as it applies to an offence under that regulation

(10) Subject to sub-paragraph (11), a person guilty of an offence under this paragraph shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction or indictment to a fine or to imprisonment for a term not exceeding two years or both.

(11) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale if that offence is related to exempt activities conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 46, or 47A of Part I of Schedule 2.

PART IIN.I.WASTE DISPOSAL OPERATIONS

N.B. This Part of this Schedule is intended to list disposal operations such as they occur in practice. In accordance with Article 13 of the Directive waste must be disposed of without endangering human health and without harming the environment.

*Operation CodeDescription
D1Deposit into or onto land (e.g. landfill etc.).
D2Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.).
D3Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.).
D4Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.).
D5Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.).
D6Release into a water body except seas/oceans.
D7Release to seas/oceans including sea-bed insertion.
D8Biological treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12.
D9Physico-chemical treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 (e.g. evaporation, drying, calcination, etc.).
D10Incineration on land.
D11

Incineration at sea.*

*This operation is prohibited by EU legislation and international conventions.

D12Permanent storage (e.g. emplacement of containers in a mine, etc.).
D13

Blending or mixing prior to submission to any of the operations numbered D1 to D12 *

*If there is no other D code appropriate, this can include preliminary operations prior to disposal, including pre-processing such as sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12.

D14Repackaging prior to submission to any of the operations numbered D1 to D13.
D15

Storage pending any of the operations numbered D1 to D14, (excluding temporary storage, pending collection, on the site where the waste is produced.*

* Temporary storage means preliminary storage according to point (10) of Article 3

PART IIIN.I.WASTE RECOVERY OPERATIONS

NB. This part of this Schedule is intended to list recovery operations as they occur in practice. In accordance with Articles 4 and 13 of the Directive waste must be recovered without endangering human health and without harming the environment.

*Operation CodeDescription
R1

[F144Use principally as a fuel or other means to generate energy. This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or greater than (i) 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1st January 2009; or (ii) 0.65for other installations. Energy efficiency is calculated according to the formula contained in Annex II of the Waste Framework Directive as amended by the Commission Directive (EU) 2015/1127.]

R2Solvent reclamation/regeneration.
R3

Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes).*

* This includes gasification and pyrolisis using the components as chemicals.

R4Recycling/reclamation of metals and metal compounds.
R5

Recycling/reclamation of other inorganic materials.*

* This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials.

R6Regeneration of acids or bases.
R7Recovery of components used for pollution abatement.
R8Recovery of components from catalysts.
R9Oil re-refining or other reuses of oil.
R10Land treatment resulting in benefit to agriculture or ecological improvement.
R11Use of waste obtained from any of the operations numbered R1 to R10.
R12

Exchange of wastes for submission to any of the operations numbered R1 to R11*

If there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11.

R13

Storage of waste pending any of the operations numbered R1 to R12 (excluding temporary storage, pending collection, on the site where the waste is produced.*

*Temporary storage means preliminary storage according to point (10) of Article 3.

Textual Amendments

PART IVN.I.Duties of planning authorities

Interpretation of this PartN.I.

1.  In this Part—

“the 1991 Order” means the Planning (Northern Ireland) Order 1991;

“the 2006 Order” means the Planning (Inquiry Procedures) Rules (Northern Ireland) Order 2006;

“planning permission” has the meaning given in Article 2 of the 1991 Order.

Meaning of planning authorityN.I.

2.  In this Part, “planning authority” means—

(a)the Department;

(b)the Department for Regional Development, in relation to the Strategic Planning (Northern Ireland) Order 1999;

(c)the Planning Appeals Commission, in respect of its functions under [F145the Planning Act (Northern Ireland) 2011; and]

[F146(d)a district council.]

Textual Amendments

Meaning of planning functionsN.I.

3.—(1) In this Part, “planning functions” means any of the following functions other than a function which must be discharged by statutory instrument—

(a)determining—

(i)an application for planning permission under Article 25 of the 1991 Order; or

(ii)an appeal made under Article 32 of the 1991 Order in relation to the determination of such an application;

(iii)an appeal made under Article 33 of the 1991 Order in relation to an appeal in default of planning decision;

(b)deciding whether to take action under Article 71(1)(a) or (b) or Article 95 of the 1991 Order;

(c)deciding whether—

(i)in making or confirming a discontinuance order, to include in the order any grant of planning permission; or

(ii)to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission;

(d)discharging functions under Part 3 of the 1991 Order, or the Strategic Planning (Northern Ireland) Order 1999;

(2) In paragraph (1)(c), “discontinuance order” means an order under section 39 of the 1991 Order.

Exercise of planning functionsN.I.

4.  The planning authority shall have regard to the following provisions of the Waste Framework Directive when exercising its planning functions to the extent that those functions relate to waste management—

(a)Article 13;

(b)the first paragraph of Article 16(1) ignoring the words “in cooperation with other Member States where this is necessary or advisable” and “taking into account best available techniques”;

(c)Article 16(2) and (3).

Further duties in relation to planning permissionN.I.

5.—(1) The Department or the Planning Appeals Commission shall not grant planning permission for a landfill unless it has taken into consideration the requirements of paragraph 1.1 of Annex 1 to Council Directive 1999/31/EC on the landfill of waste .

(2) The Department shall not grant planning permission for a mining waste facility to which Article 7 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries applies unless it is satisfied that—

(a)the operator of that facility shall meet the requirements of Article 11(2)(a) of that Directive; and

(b)the management of waste at that facility shall not conflict directly or otherwise interfere with the implementation of the plan referred to in Article 7(3)(b) of that Directive.

(3) In this regulation—

“landfill” has the meaning given in Article 2(g) of Directive 1999/31/EC, but does not include any operation excluded from the scope of that Directive by Article 3(2);

“mining waste facility” means a “waste facility” as defined in Article 3(15) of Directive 2006/21/EC, but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).]

Regulation 22(7)

[F147SCHEDULE 4 N.I.REGISTRATION OF BROKERS AND DEALERS OF CONTROLLED WASTE

Textual Amendments

Interpretation of Schedule 4N.I.

1.—(1) In this Schedule—

“applicant” means a person who is applying for registration or for renewal of registration as a registered broker or dealer and “application” shall have like meaning;

“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“carrier” means a person registered as a carrier of controlled waste under Regulation 6 [F148of] the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999;

“date of expiry”, in relation to a broker’s or dealer’s registration—

(a)

in a case to which sub-paragraph (2) or (3) of paragraph 7 applies, has the meaning given by that sub-paragraph; and

(b)

in any other case means the date on which the period of three years mentioned in paragraph 7(1) expires;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“notice” means notice in writing;

“register” means the register of registered brokers or dealers to be maintained by the Department under paragraph 2;

“registered broker” means a person registered as a broker under regulation 22 and this Schedule;

“registered dealer” means a person registered as a dealer under regulation 22 and this schedule;

“relevant offence” means an offence under any of the enactments listed in regulation 2;

“relevant period” means two months or, except in the case of an application for the renewal of that registration by a person who is already registered, such longer period as may be agreed between the applicant and the Department;

“relevant person” means—

(a)

any person who has been convicted of a relevant offence committed by that person in the course of that person’s employment by the applicant or registered broker or dealer or in the course of the carrying on of any business by a partnership one of the members of which was the applicant or registered broker or dealer;

(b)

a body corporate which has been convicted of a relevant offence committed at a time when the applicant or registered broker or dealer was a director, manager, secretary or other similar officer of that body corporate; or

(c)

where the applicant or registered broker or dealer is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate and who—

(i)

has been convicted of a relevant offence; or

(ii)

was a director, manager, secretary or other similar officer of another body corporate at a time when the relevant offence for which that body corporate has been convicted was committed.

(2) For the purposes of this Schedule, an application for registration or for the renewal of a registration as a broker of or dealer in controlled waste shall be treated as pending—

(a)whilst it is being considered by the Department; or

(b)if it has been refused or the relevant period from the making of the application has expired without the applicant having been registered, whilst either—

(i)the period for appealing in relation to that application has not expired; or

(ii)the application is the subject of an appeal which has not been disposed of.

(3) For the purposes of this Schedule, an appeal is disposed of when any of the following occurs—

(a)the appeal is withdrawn; or

(b)a determination is issued to the Department by the Planning Appeals Commission in respect of the appeal.

Textual Amendments

RegistersN.I.

2.—(1) It shall be the duty of the Department to establish and maintain a register of brokers and dealers and—

(a)to secure that the register is open for inspection by members of the public free of charge at all reasonable hours; and

(b)to afford to members of the public reasonable facilities for obtaining copies of entries in the register on payment of reasonable charges.

(2) The register may be kept in any form.

Applications for registrationN.I.

3.—(1) An application for registration as a broker of or dealer shall be made to the Department.

(2) Subject to sub-paragraphs (3) to (5), a person shall not make an application for registration or for the renewal of a registration whilst—

(a)a previous application made by that person is pending; or

(b)that person is registered.

(3) Sub-paragraph (2) shall not prevent a person from applying for the renewal of a registration where that person’s application is made within the period of six months specified in paragraph 7(5).

(4) An application for registration or for the renewal of a registration in respect of a business which is or is to be carried on by a partnership shall be made by all of the partners or prospective partners.

(5) A prospective partner in a business carried on by a partnership whose members are already registered with the Department may make an application to the Department for registration as a partner in that business.

(6) An application for registration or for the renewal of a registration shall be made to the Department on a form provided by it for that purpose, and shall be accompanied by such information as the Department reasonably requires.

(7) Where an applicant wishes to apply to be registered both as a carrier and as a broker of or dealer in controlled waste, they may make a combined application on a form provided by the Department for that purpose.

(8) Where an applicant who wishes to apply both for the renewal of their registration as a carrier of controlled waste and for the renewal of their registration as a broker of or dealer in controlled waste, they may make a combined application on a form provided by the Department for that purpose.

(9) The Department shall provide a copy of the appropriate application form free of charge to any person requesting one.

(10) The Department shall charge an applicant in respect of its consideration of his application—

(a)subject to sub-paragraph (c), in the case of either an application for registration as a broker or dealer or a combined application for registration as both a carrier and broker or dealer, [F149£149];

(b)in the case of either an application for the renewal of a registration as a broker or dealer or a combined application for renewal of registration both as a carrier and as a broker or dealer, [F150£75];

(c)in the case of an application by a registered carrier for registration as a broker or dealer, [F151£38],

and the applicant shall pay the charge upon making the application.

(11) The Department shall, on receipt of an application for registration or for the renewal of a registration, ensure that the register contains a copy of the application.

(12) The Department may refuse an application for registration or for the renewal of registration if—

(a)there has, in relation to that application, been a contravention of any of the requirements of the preceding provisions of this paragraph; or

(b)the applicant or another relevant person has been convicted of a relevant offence and, in the opinion of the Department, it is undesirable for the applicant to be authorised to arrange for the disposal or recovery of controlled waste on behalf of other persons, or to purchase and sell controlled waste registered as a broker or dealer; or

(c)in the opinion of the Department it is otherwise undesirable for the applicant to be registered as a broker or dealer.

(13) Where the Department decides to refuse an application for registration or for the renewal of a registration, it shall inform the applicant in writing that the application is refused and shall give the applicant the reasons for its decision.

(14) If an appeal is made under and in accordance with paragraph 6, the Department shall, as soon as reasonably practicable, make appropriate entries in the register indicating when the appeal was made and the result of the appeal.

(15) If no such appeal is made, the Department shall, as soon as reasonably practicable, make an appropriate entry in the register indicating that the application has been refused and that no appeal has been made.

(16) The Department may remove from the register—

(a)a copy of an application entered on the register under sub-paragraph (11); or

(b)an entry made under sub-paragraph (14) or (15),

at any time more than six years after the entry in question was put on the register.

(17) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall—

(a)issue to the applicant a certificate of registration free of charge; and

(b)provide the applicant free of charge with a copy of the entry in the register.

Textual Amendments

Registration as a broker or dealer and amendment of entriesN.I.

4.—(1) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall make an entry in its register—

(a)showing that person as a registered broker of or dealer in controlled waste and allocating that person a registration number (which may include any letter);

(b)specifying the date on which the registration takes effect and its date of expiry;

(c)stating any business name of the applicant and the address of the applicant’s principal place of business (together with any telephone, telex or fax number and email address of the applicant) and, in the case of an individual, the applicant’s date of birth;

(d)in the case of a body corporate, listing the names of each director, manager, secretary or other similar officer of that body and their respective dates of birth;

(e)in the case of a company registered under the Companies Orders, specifying its registered number and, in the case of a company incorporated outside Northern Ireland, the country in which it was incorporated and its registration number there (if any);

(f)in a case where the person who is registered or another relevant person has been convicted of a relevant offence, giving the person’s name, details of the offence, the date of conviction, the penalty imposed, the name of the Court and, in the case of an individual, the person’s date of birth; and

(g)in a case where the person who is registered, or any company in the same group of companies as that person, is the holder of a waste management licence, stating the name of the holder of the licence.

(2) In the case of a business which is being, or is to be carried on by a partnership, all the partners shall be registered under one entry and only one registration number shall be allocated to the partnership.

(3) On making an entry in its register under sub-paragraph (1) the Department shall provide the registered person or partnership free of charge with a copy of the entry in the register.

(4) On deciding to renew any registration or on the issue to the Department by the Planning Appeals Commission of any determination under paragraph 6(9) in respect of such an application, the Department shall amend the relevant entry in the register—

(a)to show the date on which the renewal takes effect and the revised date of expiry of the registration;

(b)to record any other change required as a result of the application or the appeal; and

(c)to note in the register the date on which the amendments are made.

(5) The Department shall, at the same time as amending the register under sub-paragraph (4), provide the registered person or partnership free of charge with a copy of the amended entry in the register.

(6) A person who is registered shall notify the Department of any change of circumstances affecting information in the register relating to that person.

(7) On—

(a)being notified of any chance of circumstances in accordance with sub-paragraph (6);

(b)deciding to register a new partner in a registered partnership on an application by such person for registration in the entry in the register relating to that partnership; or

(c)the issue by the Planning Appeals Commission of a determination under paragraph 6(9) allowing an appeal for the registration of such new partner,

the Department shall—

(i)amend the relevant entry to reflect the change of circumstances or the registration of the new partner;

(ii)note in the register the date on which the amendment is made;

(iii)provide the registered person or partnership free of charge with a copy of the amended entry in the register.

(8) In this paragraph—

“Companies Orders” has the meaning given by Article 2 of the Companies (Northern Ireland) Order 1986;

“business name” means a name under which a person carries on business and by virtue of which Article 2(3) of the Business Names (Northern Ireland) Order 1986 applies; and

“group” has the meaning given by Article 55(1) of the Companies (Northern Ireland) Order 1990.

Revocation of registrationN.I.

5.—(1) The Department may revoke a person’s registration as a broker of or dealer in controlled waste if,—

(a)that person or another relevant person has been convicted of a relevant offence; and

(b)in the opinion of the Department, it is otherwise undesirable for the registered broker or dealer to continue to be a registered broker or dealer; or

(c)in the opinion of the Department it is otherwise undesirable for the registered broker or dealer to continue to be a registered broker or dealer.

(2) Where the Department decides to revoke a person’s registration as a broker of or dealer in controlled waste, it shall give written notice to the broker or dealer informing that person of the revocation and the reasons for its decision.

AppealsN.I.

6.—(1) Where a person has applied to the Department to be registered as a broker of or dealer in controlled waste in accordance with paragraph 3, that person may appeal to the Planning Appeals Commission if—

(a)the application is refused; or

(b)the relevant period from the making of the application has expired without the applicant having been registered.

(2) A person whose registration as a broker of or dealer in controlled waste has been revoked may appeal against the revocation to the Planning Appeals Commission.

(3) Notice of an appeal to the Planning Appeals Commission under sub-paragraph (1) or (2) shall be given by the appellant to the Planning Appeals Commission within the period specified in sub-paragraph (7).

(4) If either party to the appeal so requests, the Planning Appeals Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

(5) The notice of appeal shall be accompanied by the following—

(a)a statement of the grounds of appeal;

(b)in the case of an appeal under sub-paragraph (1), a copy of the relevant application;

(c)in the case of an appeal under sub-paragraph (2), a copy of the appellant’s entry in the register;

(d)a copy of any relevant correspondence between the appellant and the Department;

(e)a copy of any notice given to the appellant under paragraph 3(14) or 5(2);

(f)a statement indicating whether the appellant requests the opportunity of appearing before and being heard by the Planning Appeals Commission.

(6) The appellant shall at the same time as giving notice of appeal to the Planning Appeals Commission serve on the Department a copy of the notice and a copy of the documents referred to in sub-paragraph (5)(a) to(f).

(7) Notice of appeal shall be given before the expiry of the period of 28 days beginning with—

(a)in the case of an appeal under sub-paragraph (1)(a), the date on which the Department serves written notice on the applicant that their application has been refused;

(b)in the case of an appeal under sub-paragraph (1)(b), the date on which the relevant period from the making of the application expired without the applicant having been registered; or

(c)in the case of an appeal under sub-paragraph (2), the date on which the Department serves written notice on the registered broker of or dealer in controlled waste that the registration as a broker of or dealer in has been revoked,

or before such later date as the Planning Appeals Commission may at any time allow.

(8) The Planning Appeals Commission shall determine the appeal and Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as it applies in relation to the determination of an appeal under that Order.

(9) The Planning Appeals Commission shall notify the appellant of its determination of the appeal and reasons for it, and shall at the same time send a copy of its determination to the Department.

Duration of registrationN.I.

7.—(1) Subject to the following provisions of this paragraph, a person’s registration as a broker of or dealer in controlled waste shall cease to have effect on the expiry of the period of three years beginning with the date of the registration or the date of any renewal.

(2) Where—

(a)a registered carrier of controlled waste is registered as a broker of or dealer in controlled waste otherwise than by way of renewal of an existing registration as a broker or dealer; and

(b)that person’s registration as a carrier will expire within three years of the date of their registration as a broker or dealer,

if at the time of making the application for registration as a broker or dealer that person so requests, their registration as a broker or dealer shall expire on the same date as the date of expiry of their registration as a carrier.

(3) Where—

(a)a registered broker of or dealer in controlled waste is registered as a carrier of controlled waste otherwise than by way of renewal of an existing registration as a carrier; and

(b)that person’s registration as a broker or dealer will expire within three years of the date of their registration as a carrier,

if on the next application for renewal of their registration as a broker or dealer that person so requests, their renewed registration as a broker or dealer shall expire on the same date as the date of expiry of their registration as a carrier.

(4) Registration as a registered broker or dealer shall cease to have effect if the registered broker or dealer gives written notice to the Department requiring the removal of their name from the register.

(5) The Department shall, no later than six months before the date of expiry of a broker’s or dealer’s registration, serve on a registered broker or dealer—

(a)a notice informing that person of the date of expiry and of the effect of sub-paragraph (6); and

(b)an application form for the renewal of that person’s registration and a copy of that person’s current entry in the register.

(6) Where an application for the renewal of a registration is made within the last six months prior to its date of expiry, the registration shall, notwithstanding the passing of the expiry date, continue in force—

(a)until the application is withdrawn or accepted; or

(b)if the Department refuses the application or the relevant period from the making of the application has expired without the applicant having been registered, until—

(i)the expiry of the period for appealing; or

(ii)where the applicant gives to the Department written notice within that period that they do not intend to make or continue with an appeal, the date on which such notice is served on the Department.

(7) Where the Department revokes a broker’s or dealer’s registration, the registration shall, notwithstanding the revocation, continue in force until—

(a)the expiry of the period for appealing against the revocation; or

(b)where that person gives to the Department written notice within that period that that person does not intend to make or continue with an appeal, the date on which such notice is served on the Department.

(8) Where an appeal is made under and in accordance with the provisions of paragraph 6—

(a)by a person whose appeal is in respect of such an application for the renewal of their registration as was made, in accordance with paragraph 3, at a time when that person was already registered; or

(b)by a person whose registration has been revoked,

that registration shall continue in force after its date of expiry or, as the case may be, notwithstanding the revocation, until the appeal is disposed of.

(9) A registration in respect of a business which is carried on by a partnership shall cease to have effect if any of the partners ceases to be registered or if any person who is not registered becomes a partner.

(10) The duration of a registration in respect of a business which is carried on by a partnership shall not be affected if a person ceases to be a partner or if a new partner is registered under paragraph 4(7) in relation to the partnership.

(11) Where an application for renewal is made in advance of the expiry date and the Department decides to renew such registration, the renewal shall for the purposes of this Schedule take effect from the expiry date.

Cessation of registrationN.I.

8.  Where a registration ceases to have effect by virtue of paragraph 7, the Department—

(a)shall record this fact in the appropriate entry in its register and the date on which it occurred; and

(b)may remove the appropriate entry from its register at any time more than six years after the registration ceases to have effect.]

Regulations 1 and 26

SCHEDULE 5N.I.CONDITIONS FOR THE KEEPING OR TREATMENT OF END OF LIFE VEHICLES

PART IN.I.obligations in respect of keeping or treatment of end of life vehicles

1.  No end of life vehicle shall be kept (even temporarily) unless such keeping –N.I.

(a)is carried out in accordance with the general requirements laid down in [F152Article 13] of the Directive; and

(b)complies with the minimum technical requirements set out in Part II.

Textual Amendments

Commencement Information

I65Sch. 5 Pt. I para. 1 in operation at 19.12.2003, see reg. 1(1)

2.  No end of life vehicle shall be treated unless, in respect of the activity or operation performed, that treatment –N.I.

(a)is carried out in accordance with the general requirements laid down in [F153Article 13] of the Directive; and

(b)complies with the minimum technical requirements set out in Part II and, where applicable, meets the following obligations –

(i)save where it has already been so treated, before any further treatment or other equivalent arrangement is undertaken, the end of life vehicle shall first be stripped in a way that takes account of any dismantling information provided by the producer to ensure environmentally sound treatment and that best reduces any adverse impact on the environment;

(ii)save where it has already been so treated in whole or part, and subject to sub-paragraph (i), depollution of the end of life vehicle (as described in paragraph 3 of Part II) shall be completed as soon as possible;

(iii)hazardous materials and components shall be removed from the end of life vehicle and segregated in such a way so as not to contaminate any part of the vehicle that is subsequently to be shredded;

(iv)any stripping or keeping of the end of life vehicle shall be carried out in such a way as to ensure the suitability of its components for either reuse or recovery, and in particular recycling.

Textual Amendments

Commencement Information

I66Sch. 5 Pt. I para. 2 in operation at 19.12.2003, see reg. 1(1)

PART IIN.I.minimum technical requirements for the keeping and treatment of end of life vehicles

1.  The keeping (even temporarily) of an end of life vehicle prior to treatment shall only be carried out at a site –N.I.

(a)having, in appropriate areas, impermeable surfaces and provided with spillage collection facilities, decanters and cleanser-degreasers; and

(b)provided with equipment for the treatment of water (including rainwater) in compliance with all applicable legislation concerning health and environmental matters.

Commencement Information

I67Sch. 5 Pt. II para. 1 in operation at 19.12.2003, see reg. 1(1)

2.  The treatment of an end of life vehicle shall only be carried out at a site –N.I.

(a)having, in appropriate areas, impermeable surfaces and provided with spillage collection facilities, decanters and cleanser-degreasers;

(b)provided with storage facilities that are appropriate for dismantled spare parts, including impermeable storage facilities for spare parts that are contaminated with oil;

(c)provided with containers that are appropriate for the storage of batteries (whether electrolyte neutralisation is carried out on-site or elsewhere), filters and condensers containing any PCB or PCT or both;

(d)provided with storage tanks that are appropriate for the separate segregated storage of any fluid from an end of life vehicle;

(e)provided with equipment for the treatment of water (including rainwater) in compliance with all applicable legislation concerning health and environmental matters;

(f)at which there is appropriate storage for used tyres without excessive stockpiling, and minimising any risk of fire.

Commencement Information

I68Sch. 5 Pt. II para. 2 in operation at 19.12.2003, see reg. 1(1)

3.  Treatment operations for the depollution of an end of life vehicle shall consist of –N.I.

(a)the removal of the battery or batteries;

(b)the removal of the liquefied gas tank;

(c)the removal or neutralisation of all potentially explosive components (including air bags);

(d)the removal and separate collection and storage of all –

(i)fuel;

(ii)motor oil;

(iii)transmission oil;

(iv)gearbox oil;

(v)hydraulic oil;

(vi)cooling liquids;

(vii)antifreeze;

(viii)brake fluids;

(ix)air-conditioning system fluids,

and any other fluid contained in the said vehicle, but excluding any fluid which is necessarily retained for the reuse of the part concerned; and

(e)the removal, so far as is feasible, of all components identified as containing mercury.

Commencement Information

I69Sch. 5 para. 3 in operation at 19.12.2003, see reg. 1(1)

4.  In order to promote its subsequent recycling, where an article or material listed below is first present in an end of life vehicle, no treatment of that vehicle shall prevent the removal –N.I.

(a)of the catalyst or catalysts;

(b)(either during shredding or otherwise) of all metal components containing one or more of copper, aluminium and magnesium;

(c)(either during shredding or otherwise) of the tyres;

(d)(either during shredding or otherwise) of all large plastic components (including bumpers, the dashboard, and any fluid container) in such a way that they can be effectively recycled as materials;

(e)of glass,

and where any such article or material is removed it shall be done in such a way as best promotes its recycling.

Commencement Information

I70Sch. 5 para. 4 in operation at 19.12.2003, see reg. 1(1)

5.  Any keeping operations shall be carried out in such a manner as avoids damage to –N.I.

(a)any component containing a fluid or fluids;

(b)any recoverable component;

(c)any spare part.

Commencement Information

I71Sch. 5 para. 5 in operation at 19.12.2003, see reg. 1(1)

Regulation 2

[F154SCHEDULE 6N.I.Prescribed Offences

Textual Amendments

1.  The offences to be regarded as prescribed offences for the purposes of Article 3(3)(a) of the 1997 Order are listed in Tables 1-3—N.I.

Table 1

Relevant Environmental Offences

NumberOffence(s)
1.Articles 33(4) and 36(1) of and paragraph 9 of Schedule 5, paragraph 5(a) and paragraph 9(2) of Schedule 6 and Part 1, paragraph 14(5) of Schedule 7 to the Drainage (Northern Ireland) Order 1973
2.Articles 29(1) and 72(3) of the Pollution Control and Local Government (Northern Ireland) Order 1978
3.Articles 4(6), 5(8), 5E(7), 5E(9), 6(7), 12(12), 12(13), 15(5A), 18(1), 18(2), 21(6), 22(6), 27(5), 28(5), 29(3), 31(2), 38(1), 42(4), 44(2), 74(1), 74(2) and 74(3) of the Waste and Contaminated Land (Northern Ireland) Order 1997
4.Articles 7(1), 7(4), 12(3), 19(1), 28(3) and 29 of the Water (Northern Ireland) Order 1999
5.Regulations 12(1), 12(2), 12(3) and 12(4) of the Environmental Protection (Disposal of Polychlorinated Biphenyls and Other Dangerous Substances) Regulations (Northern Ireland) 2000
6.Articles 20(1), 20(2) and 20(3) of the Environment (Northern Ireland) Order 2002
7.Regulation 12 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003
8.Regulations 31, 42(1) and 42(2) of the End of Life Vehicles Regulations 2003
9.Regulations 18(1) and 22(1) of and paragraphs 12(1), 12(2), 14(5), 14(7) and 14(8) of Part 1 of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003
10.Regulation 17(1) of the Landfill Regulations (Northern Ireland) 2003
11.Regulations 43(1), 43(4) and 43(5) of the Hazardous Waste Regulations (Northern Ireland) 2005
12.Regulation 6(1) of the Radioactive Contaminated Land Regulations (Northern Ireland) 2006
13.Regulations 18(10), 24(1) and 24(2) of the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006
14.Regulations 40(1), 40(3), 40(4), 40(5), 40(6), 40(7) and 40(8) of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007
15.Regulations 17, 18, 19(2), 21, 22(2), 23, 24(2), 25, 26, 31, 32(2), 36, 37(2), 38(2), 38(3), 38(4), 39(2), 40(2), 41(2), 42(2), 43, 44(2), 45(2), 52(1), 53, 54, 55 and 57 of the Transfrontier Shipment of Waste Regulations 2007
16.Regulation 42(1) of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008
17.Regulations 89(1), 89(2), 89(3), 89(4), 89(5) and 89(6) of the Waste Batteries and Accumulators Regulations 2009
18.Regulations 9(3), 10(3), 17(4), 26(14) and 27 of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009
19.Regulations 19(1), 24(3) and 25(3) of the Groundwater Regulations (Northern Ireland) 2009
20.Section 85(1) of the Marine and Coastal Access Act 2009
21.Regulation 24 of the Waste Regulations (Northern Ireland) 2011
22.Sections 42(6), 43(5), 76(9), 85(1), 85(5), 103(1), 109(3), 117(1), 126(1), 126(3), 127(1), 134(1), 134(5), 137(1), 146(9), 147(2), 149(5), 150(12), 152(9), 168(1), 168(6), 172(1), 175(2), 178(2), 178(5), 237(2), 237(3) and 240(3) of the Planning Act (Northern Ireland) 2011
23.Regulations 82(6), 89(10), 90(1), 90(2), 90(3), 90(4), 90(5), 90(6), 90(7), 90(8) and 90(9) of the Waste Electrical and Electronic Equipment Regulations 2013
24.Sections 32(1) and 33(1) of the Marine Act (Northern Ireland) 2013
25.Regulation 36(1) of the Pollution, Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013
26.Regulations 30(1), 30(2), 30(3), 30(5) and 30(6) of the Nitrates Action Programme Regulations (Northern Ireland) 2014

Table 2

Relevant Financial Offences

NumberOffence(s)
1.Sections 24(5), 50(2), 50(3), 50(6), 64(7), 67(1), 67(3), 68(2), 68A(1), 100(1), 100(3), 129(3), 136(1), 136(1A), 159(6), 167(1), 167(3), 168(1), 170(1), 170(2) and 170B of the Customs and Excise Management Act 1979
2.Sections 1, 2, 3, 4, 5(1), 5(2), 5(3), 5(4), 14, 15, 16(1), 16(2), 17(1), 17(2), 18(1) and 19(1) of the Forgery and Counterfeiting Act 1981
3.Paragraphs 15(1), 15(3), 15(4), 15(5), 15(6) and 15(7) of Part IV of Schedule 5 to the Finance Act 1996
4.Sections 1(1), 6(1), 7(1), 9(1) and 11(1) of the Fraud Act 2006

Table 3

Other Relevant Offences

NumberOffence(s)
1.Section 114 of the Public Health Act 1878
2.Sections 1(1), 8(1), 9(1), 10(1), 11(1), 17(1), 18(1), 21(1) and 23A(1) of the Theft Act (Northern Ireland) 1969
3.Sections 4, 6, 8, 9, 11(2), 19, 20 and 23(4) of the Misuse of Drugs Act 1971
4.Sections 24(1), 24A(1), 25(1), 25A(1), 25B(1), 26(1), 26A(3), 26B(1), 26B(2) and 27 of the Immigration Act 1971
5.Sections 98(3) and 98(4) of the Local Government Act (Northern Ireland) 1972
6.Article 31(1) of the Health and Safety at Work (Northern Ireland) Order 1978
7.Articles 3, 9(13), 11A(1), 15B(11), 19G(4), 31E(1), 31E(2), 72(1), 72(2), 73A(4), 81(1), 82(3), 86(1), 90(4), 91A(1), 95(2), 96(2), 97(3), 168A(1), 172(1), 172B, 174(2), 175(2), 180(1) and 180(4) of the Road Traffic (Northern Ireland) Order 1981
8.Sections 49(1), 49(2), 50(1), 51(1), 52(1), 53(1), 53(2), 53(3) and 58(1) of the Drug Trafficking Act 1994
9.Articles 30(4), 31(1), 47(1), 47(2), 53 and 54(1) of the Criminal Justice (Northern Ireland) Order 1996
10.Article 26A(8) of the Juries (Northern Ireland) Order 1996
11.Sections 69A(8) and 69C(10) of the Northern Ireland Act 1998
12.Sections 11(1), 12(1), 12(2), 12(3), 13(1), 15(1), 15(2), 15(3), 16, 17, 18(1), 19(2), 21A(1), 21D(1), 21D(3), 54(1), 54(2), 54(3), 56(1), 57(1), 58(1), 58A(1), 60(1), 62(1), 63(1), 63A(1), 63B(1), 63C(1), 63D(1), 63D(3), 87(6), 89(2), 93(1), 94(2), 94(3), 95(4), 96(3), 103(1) and 116(3) of and paragraphs 3(7), 14(1), 15(4), 16(3), 19(7), 20(6) and 32(3) of Schedule 5, paragraph 1(3) of Schedule 6, paragraph 18(1) of Schedule 7 and paragraphs 2, 3(1), 4(1), 6(3), 15(1) and 16(3) of Schedule 13 to the Terrorism Act 2000
13.Sections 327(1), 328(1), 329(1), 330(1), 331(1) and 332(1) of the Proceeds of Crime Act 2002
14.Articles 3(1), 3(2), 6(6), 10(3), 13(2), 15(10), 16(2), 21(4), 24(1), 27(6), 30(1), 35(9), 36(3), 37(4), 38(7), 39(3), 40(4), 41(5), 42(4), 43(5), 44(6), 45(1), 45(2), 45(5), 48(4), 49(5), 51(2), 52(4), 53(5), 54(2), 55(5), 56(3), 58(2), 59(2), 60(1), 61, 62, 63(6), 63(8), 64(1), 65, 66, 67(1), 67(3), 72(2)(c) and 73(1) of the Firearms (Northern Ireland) Order 2004
15.Sections 21(3), 26(2), 31(1), 32(2) and 32(3) of and paragraphs 4, 5, 6 and 8(3) of Schedule 6 to the Justice and Security (Northern Ireland) Act 2007
16.Sections 25(1), 44(1), 45 and 46(1) of the Serious Crime Act 2007
17.Sections 1(7), 5(2), 9(3), 9(4), 11(2)(a), 16(1), 17(1), 28 and 45(6) of the Transport Act (Northern Ireland) 2011
18.Sections 1(3), 8(9), 10(5), 11(4), 11(7), 12(4), 15(4), 16(13) and 17(1) of and paragraph 5 of Schedule 1 and paragraphs 9(1) and 9(5) of Schedule 2 to the Scrap Metal Dealers Act 2013
19.Regulations 19 and 20(1) of the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015
20.Sections 1(1), 2(1), 2(7) and 4(1) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015]

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision related to the bringing into operation of the waste management licensing system under Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the 1997 Order”) and for the purpose of implementing certain Council Directives relating to waste.

Regulations 2 to 5 and Schedule 1 make provision in connection with determining whether an applicant for a licence is a fit and proper person. Regulations 6 to 8 contain procedural provisions in relation to appeals under Articles 17 and 36 of the 1997 Order.

Regulations 9 and 10 make provision in relation to the contents of public registers maintained under Article 34 of the 1997 Order. Regulation 11 prescribes what is to be treated as mobile plant for the purposes of Part II of the 1997 Order.

Regulation 12 prohibits the imposition of conditions in waste management licences for the purpose of securing the health of persons at work. Regulation 13 makes provision, pursuant to Council Directive 75/439/EEC on the disposal of waste oils (O.J. No. L194, 25.7.1975, p. 23, as amended by Council Directive 87/101/EEC, O.J. No. L42, 12.2.1987, p. 43), as to conditions which are to be included in a licence which relates to waste oil. Regulation 14, for the purpose of implementing Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances, makes provision for the method of dealing with applications for licences in respect of waste activities which could lead to the discharge into groundwater of the substances in lists I and II of that Directive. Regulation 15 amends the Groundwater Regulations (Northern Ireland) 1998.

Regulations 16 and 17 exempt certain activities from the need to have a waste management licence. Regulation 16 disapplies Article 4(l) of the 1997 Order in the case of certain waste activities controlled by other systems. Regulation 17 disapplies Article 4(1)(a) and (b) of the 1997 Order in the case of the activities set out in Part I of Schedule 2. Parts II and III of Schedule 2 deal with information to be supplied in relation to certain exempt activities.

Regulation 18 provides a system of registration for the activities exempted by regulation 17 and regulation 19 sets out the additional obligations on operators of those activities.

Regulation 20 provides for the refusal, revocation and cessation of exempt activities.

Regulation 21 and Schedule 3 contain provisions which implement Council Directive 75/442/EEC on waste (as amended) (“the Waste Framework Directive”). Part I of Schedule 3 modifies Part II of the 1997 Order, the Industrial Pollution Control (Northern Ireland) Order 1997, the Water (Northern Ireland) Order 1999, Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978, Part II of the Food and Environment Protection Act 1985, and planning legislation, and requires certain functions under those enactments to be discharged with the objectives set out in the Waste Framework Directive. Part I of that Schedule also provides for the preparation of offshore waste management plans, registration of waste collectors, transporters, brokers and dealers who would otherwise not be subject to registration, and the inspection of, and record keeping by, establishments or undertakings carrying out waste disposal or recovery. Parts II and III of that Schedule list waste disposal and recovery operations.

Regulation 22 and Schedule 4 provide for the registration of waste brokers and dealers in respect of their activities on or after 19th August 2004. Schedule 4 makes provision as to the keeping of registers, and in respect of applications for registration, the duration and revocation of registration, and related appeals.

Regulations 23 to 25 amend the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995, the Special Waste Regulations (Northern Ireland) 1998 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999.

Regulation 26 and Schedule 5 transpose the requirements of Directive 2002/53/EC of the European Parliament and of the Council on end of life vehicles (the End of Life Vehicles Directive) by ensuring that all activities that constitute treatment of end of life vehicles are licensed so as to meet the requirements of Article 6 and Annex 1 of that Directive.

Regulation 27 revokes the Waste Collection and Disposal (Amendment) Regulations (Northern Ireland) 1997 and the remaining extant provisions of the Waste Collection and Disposal Regulations (Northern Ireland) 1992.

(1)

S.I. 1989/2393, S.I. 1992/2870, S.I. 1993/2661 and S.I. 2001/3495

(11)

O.J. No. L269, 21.10.2000, p. 34

(12)

O.J. No. L050, 21.02.2002, p. 94

(13)

O.J. No. L170, 29.06.2002, p. 81

(14)

S.R. 2002 No. 248 as amended

(19)

1985 c. 48; Part II is amended by sections 146 and 147 of, and Part VIII of Schedule 16 to, the Environmental Protection Act 1990 (c. 43)

(28)

S.I. 2003/1809

(29)

S.R. 2002 No. 248; to which there is an amendment not relevant to these Regulations