The Waste Management Licensing Regulations (Northern Ireland) 2003 No. 493

Regulations 1(3) and 17

SCHEDULE 2 N.I. EXEMPTIONS FROM WASTE MANAGEMENT LICENSING

PART I N.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

I1 Sch. 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

I2 Sch. 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

I3 Sch. 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

I4 Sch. 2 para. 4 in operation at 19.12.2003, see reg. 1(1)

[F1 5.   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

F1 Sch. 2 Pt. 1 para. 5 substituted (31.3.2009) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/76), regs. 1(1), 5

Commencement Information

I5 Sch. 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

I6 Sch. 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

I7 Sch. 2 para. 7 in operation at 19.12.2003, see reg. 1(1)

F2 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F2 Sch. 2 Pt. 1 para. 8 revoked (31.3.2009) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/76), regs. 1(1), 6

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; F3 ...

(b) in the case of blood and gut contents, the waste has been treated in accordance with the Community Regulation [F4 ; and

[F5 (c) where the [F6 Nutrient Action Programme Regulations (Northern Ireland) 2019] applies treatment shall be carried out in accordance with those Regulations.]]

(4) F7 ... 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

[F8 EWC Code	Types of Waste	Limitation
PART I
	Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03	Plant-tissue waste
	Wastes from sugar processing (02 04)
02 04 01	Soil from cleaning and washing beet
	Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01	Waste bark and cork
03 01 05	Sawdust, shavings, cuttings, wood, particle board or veneer other than those mentioned in 03 01 04	Except whole wood, particle board and plastic veneer
	Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01	Waste bark and wood
	Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	Soil and stones other than those mentioned in 17 05 03
	Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost	Consisting only of biodegradable waste
	Garden and park wastes (including cemetery waste) (20 02)
20 02 01	Biodegradable waste
20 02 02	Soil and stones
PART II
	Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99	Waste not otherwise specified	Straw, 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 04	Sludges from on-site effluent treatment	Following ‘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 05	All types within 02 03 01 to 02 03 05
	Wastes from sugar processing (02 04)
02 04 01 to 02 04 03	All types within 02 04 01 to 02 04 03
	Wastes from the dairy products industry (02 05)
02 05 01 to 02 05 02	All types within 02 05 01 to 02 05 02
	Wastes from the baking and confectionery industry (02 06)
02 06 01 to 02 06 03	All 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 05	All types within 02 07 01 to 02 07 05
	Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05	De-inking sludges from paper recycling
03 03 09	Lime mud waste
03 03 99	Waste not elsewhere specified	De-inked paper pulp from paper recycling
	Wastes from the leather and fur industry (04 01)
04 01 07	Sludges, in particular from on-site effluent treatment free of chromium
	Wastes from the textile industry (04 02)
04 02 10	Organic matter from natural products (for example grease, wax)
04 02 15	Wastes from finishing other than those mentioned in 04 02 14
04 02 20	Sludges from on-site effluent treatment other than those mentioned in 04 02 19
04 02 21	Wastes from unprocessed textile fibres
04 02 22	Wastes from processed textile fibres
	Wastes from manufacture of cement, lime and plaster, and articles and products made from them (10 13)
10 13 04	Wastes from calcination and hydration of lime
	Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06	Dredging spoil other than those mentioned in 17 05 05
	Wastes from anaerobic treatment of waste (19 06)
19 06 03	Liquor from anaerobic treatment of municipal waste
19 06 04	Digestate from anaerobic treatment of municipal waste
19 06 05	Liquor from anaerobic treatment of animal and vegetable waste
19 06 06	Digestate 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 02	Sludges from water clarification]

Textual Amendments

F3 Word 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)

F4 Sch. 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)

F5 Sch. 2 Pt. 1 para. 9(3)(c) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(a) (with reg. 2)

F6 Words in Sch. 2 Pt. 1 para. 9(3)(c) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(a)

F7 Words 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)

F8 Sch. 2 Pt. 1 para. 9 Table 3 substituted (30.12.2011) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/403), regs. 1(1), 3(1)

Commencement Information

I8 Sch. 2 para. 9 in operation at 19.12.2003, see reg. 1(1)

[F9 10.— (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

[F10 (c) where the [F11 Nutrient 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(1);

“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

F9 Sch. 2 Pt. 1 para. 10(1) substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 17

F10 Sch. 2 Pt. 1 para. 10(1)(c) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(b) (with reg. 2)

F11 Words 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

I9 Sch. 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; F12 ...

(d) the waste spread does not exceed 20,000 cubic metres per hectare [F13 ; and

[F14 (e) where the [F15 Nutrient Action Programme Regulations (Northern Ireland) 2019] applies the spreading shall be carried out in accordance with those Regulations]]

Textual Amendments

F12 Word 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)

F13 Sch. 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)

F14 Sch. 2 Pt. 1 para. 11(3)(e) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(c) (with reg. 2)

F15 Words 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

I10 Sch. 2 para. 11 in operation at 19.12.2003, see reg. 1(1)

[F16 11A.   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 Code	Types of waste	Limitation
PART I
	Wastes from physical and chemical processing of non-metalliferous minerals (01 04)
01 04 08	waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09	waste sand and clays
	wastes from sugar processing (02 04)
02 04 01	soil from cleaning and washing beet
	Wastes from power stations and other combustion plants (except 19) (10 01)
10 01 01	bottom 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 08	waste 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 14	waste concrete and concrete sludge
	Construction and demolition wastes (including excavated soil from contaminated sites) comprising concrete, bricks, tiles and ceramics (17 01)
17 01 01	Concrete
17 01 02	Bricks
17 01 03	tiles and ceramics
17 01 07	mixtures 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 08	Track 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 09	minerals (for example sand, stones)
	Wastes from soil and groundwater remediation (19 13)
19 13 02	Solid wastes from soil remediation other than those mentioned in 19 13 01
	Garden and park wastes (including cemetery waste) (20 02)
20 02 02	soil and stones
PART II
	Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05	de-inking sludges from paper recycling
03 03 07	Mechanically separated rejects from pulping of waste paper and cardboard
03 03 09	lime mud waste
03 03 99	Wastes not otherwise specified	De-inked paper pulp only
	Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	soil and stones other than those mentioned in 17 05 03
17 05 06	Dredging spoil other than that mentioned in 17 05 05
	Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost	biodegradable waste only
	Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05	sludges 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 02	sludges from water clarification
	Wastes from soil and groundwater remediation (19 13)
19 13 04	Sludges from soil remediation other than those mentioned in 19 13 03

Textual Amendments

F16 Sch. 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

[F17 12.— (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 Code	Waste description	Activities	Additional specified conditions	Limit (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 07	mechanically separated rejects from pulping of waste paper and cardboard
03 03 08	wastes from sorting of paper and cardboard destined for recycling
	15 01 packaging (including separately collected municipal packaging waste)
15 01 01	paper and cardboard packaging
	20 01 separately collected fractions (except 15 01)
20 01 01	paper and cardboard
	Textiles	Baling, sorting or shredding
	15 01 packaging (including separately collected municipal packaging waste)
15 01 09	textile packaging
	20 01 separately collected fractions (except 15 01)
20 01 10	clothes
20 01 11	textiles
	Plastic	Baling, 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 04	waste plastics (except packaging)
	07 02 waste from the manufacture, formulation, supply and use (MFSU) of plastics, synthetic rubber and man-made fibres
07 02 13	waste plastic
	12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 05	plastics shavings and turnings
	15 01 packaging (including separately collected municipal packaging waste)
15 01 02	plastic 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 19	plastic
	17 02 wood, glass and plastic
17 02 03	plastic
	20 01 separately collected fractions (except 15 01)
20 01 39	plastics
	Glass	Sorting, crushing or washing
	10 11 wastes from manufacture of glass and glass products
10 11 12	waste glass other than those mentioned in 10 11 11
	15 01 packaging (including separately collected municipal packaging waste)
15 01 07	glass 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 20	glass
	17 02 wood, glass and plastic
17 02 02	glass
	20 01 separately collected fractions (except 15 01)
20 01 02	glass
	Steel cans, aluminium cans, aluminium foil	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 04	metallic 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 01	paper and cardboard packaging
15 01 02	plastic packaging
15 01 03	wooden packaging
15 01 05	composite packaging
15 01 06	mixed packaging
15 01 07	glass packaging
15 01 09	textile 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 06	end-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 22	components not otherwise specified		The operation is for the purposes of the reuse or recovery of the waste.	5m3

Table 5A

Six-digit EWC Code	Waste description	Additional specified conditions	Limit (at any one time)
	Paper and cardboard	The 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 07	mechanically separated rejects from pulping of waste paper and cardboard
03 03 08	wastes from sorting of paper and cardboard destined for recycling
	15 01 packaging (including separately collected municipal packaging waste)
15 01 01	paper and cardboard packaging
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 01	paper and cardboard
	20 01 separately collected fractions (except 15 01)
20 01 01	paper and cardboard
	Textiles
	15 01 packaging (including separately collected municipal packaging waste)
15 01 09	textile packaging
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 08	textiles
	20 01 separately collected fractions (except 15 01)
20 01 10	clothes
20 01 11	textiles
	Plastic
	02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 04	waste plastics (except packaging)
	07 02 waste from the MFSU of plastics, synthetic rubber and man-made fibres
07 02 13	waste plastic
	12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 05	plastics shavings and turnings
	15 01 packaging (including separately collected municipal packaging waste)
15 01 02	plastic 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 19	plastic
	17 02 wood, glass and plastic
17 02 03	plastic
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 04	plastic and rubber
	20 01 separately collected fractions (except 15 01)
20 01 39	plastics
	Glass
	10 11 wastes from manufacture of glass and glass products
10 11 12	waste glass other than those mentioned in 10 11 11
	15 01 packaging (including separately collected municipal packaging waste)
15 01 07	glass 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 20	glass
	17 02 wood, glass and plastic
17 02 02	glass
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 05	glass
	20 01 separately collected fractions (except 15 01)
20 01 02	glass
	Steel cans, aluminium cans, aluminium foil
	15 01 packaging (including separately collected municipal packaging waste)
15 01 04	metallic packaging
	Food or drink cartons
	15 01 packaging (including separately collected municipal packaging waste)
15 01 01	paper and cardboard packaging
15 01 02	plastic packaging
15 01 03	wooden packaging
15 01 05	composite packaging
15 01 06	mixed packaging
15 01 07	glass packaging
15 01 09	textile 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 02	bricks
17 01 03	tiles and ceramics
17 01 07	mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06
	17 02 wood, glass and plastic
17 02 01	wood
	20 01 separately collected fractions (except 15 01)
20 01 38	wood other than that mentioned in 20 01 37
	Metal
	02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 10	waste metal
	12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 01	ferrous metal filings and turnings
12 01 02	ferrous metal dust and particles
12 01 03	non-ferrous metal filings and turnings
12 01 04	non-ferrous metal dust and particles
	15 01 packaging (including separately collected municipal packaging waste)
15 01 04	metallic 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 17	ferrous metal
16 01 18	non-ferrous metal
	17 04 metals (including their alloys)
17 04 01	copper, bronze, brass
17 04 02	aluminium
17 04 03	lead
17 04 04	zinc
17 04 05	iron and steel
17 04 06	tin
17 04 07	mixed metals
17 04 11	cables other than those mentioned in 17 04 10
	19 01 wastes from incineration or pyrolysis of waste
19 01 02	ferrous materials removed from bottom ash
	19 10 wastes from shredding of metal-containing wastes
19 10 01	iron and steel waste
19 10 02	non-ferrous waste
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 02	ferrous metal
19 12 03	non-ferrous metal
	20 01 separately collected fractions (except 15 01)
20 01 40	metals
	Solvents	The 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 03	wastes 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
	Oils	The 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 06	end-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 22	Components not otherwise specified	The operation is for the purposes of the reuse or recovery of the waste.	5m3 ]

Textual Amendments

F17 Sch. 2 Pt. 1 para. 12 substituted (5.9.2016) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/96), regs. 1, 3(2)

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 [F18 of 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 Code	Types of waste	Limitation
	Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03	Plant-tissue waste
02 01 06	Animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site
02 01 07	Waste from forestry
02 01 99	Waste not otherwise specified	Animal faeces, urine spoiled straw or manure not referred to in 02 01 06
02 01 99	Waste not otherwise specified	Sludge from washing buildings or yards used for keeping livestock
02 01 99	Waste not otherwise specified	Straw, wood or paper-based bedding waste
02 01 99	Waste not otherwise specified	slurry 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 01	Sludges from washing, cleaning, peeling, centrifuging and separation
02 03 05	Sludges from on-site effluent treatment
	Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01	Waste bark and cork
03 01 05	Shaving, 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 01	Waste bark and wood
	Wastes from the textile industry (04 02)
04 02 10	Organic matter from natural products (for example grease, wax)
	Packaging (including separately collected municipal packaging waste) (15 01)
15 01 01	Paper and cardboard packaging
15 01 03	Wooden packaging
15 01 09	Textile packaging
	Wood, glass and plastic (17 02)
17 02 01	Wood
	Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	Soil and stones other than those mentioned in 17 05 03
17 05 06	Dredging spoil other than that mentioned in 17 05 05
	Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost	To consist only of biodegradable waste
	Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 12	Sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11
19 08 05	Sludges from other treatment of urban waste water
19 08 14	Sludges 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 01	Solid waste from primary filtration and screenings
19 09 02	Sludges from water clarification
	Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12)
19 12 01	Paper and cardboard
	separately collected fractions of municipal waste( except 15 01 – packaging including separately collected municipal packaging waste) (20 01)
20 01 01	Paper and cardboard
20 01 08	Biodegradable kitchen and canteen waste
20 01 10	Clothes	Biodegradable materials only
20 01 11	Textiles	Biodegradable materials only
20 01 38	Wood other than that mentioned in 20 01 37
	Garden and park wastes (including cemetery waste) (20 02)
20 02 01	Biodegradable waste
	other municipal wastes (20 03)
20 03 02	Waste from markets
20 03 03	Street-cleaning residues
20 03 99	Municipal wastes not otherwise specified	slurry or dirty water from stables, zoos or animal parks

[F19 (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

F18 Words 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)

F19 Sch. 2 Pt. 1 para. 13(5) inserted (14.2.2015) by The Food Waste Regulations (Northern Ireland) 2015 (S.R. 2015/14), regs. 1(1), 5(4)(a)(ii)

Commencement Information

I11 Sch. 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

I12 Sch. 2 para. 14 in operation at 19.12.2003, see reg. 1(1)

[F20 15.— (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 code	Waste description	Additional specified conditions
	Metal
	02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 10	waste metal
	12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 01	ferrous metal filings and turnings
12 01 02	ferrous metal dust and particles
12 01 03	non-ferrous metal filings and turnings
12 01 04	non-ferrous metal dust and particles
	15 01 packaging (including separately collected municipal packaging waste)
15 01 04	metallic 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 17	ferrous metal
16 01 18	non-ferrous metal
	17 04 metals (including their alloys)
17 04 01	copper, bronze, brass
17 04 02	aluminium
17 04 03	lead
17 04 04	zinc
17 04 05	iron and steel
17 04 06	tin
17 04 07	mixed metals
17 04 11	cables other than those mentioned in 17 04 10
	19 01 wastes from incineration or pyrolysis of waste
19 01 02	ferrous materials removed from bottom ash
	19 10 wastes from shredding of metal-containing wastes
19 10 01	iron and steel waste
19 10 02	non-ferrous waste
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 02	ferrous metal
19 12 03	non-ferrous metal
	20 01 separately collected fractions (except 15 01)
20 01 40	metals
	Plastics
	02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 04	waste plastics (except packaging)
	07 02 wastes from the MFSU of plastics, synthetic rubber and man-made fibres
07 02 13	waste plastic
	12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 05	plastics shavings and turnings
	15 01 packaging (including separately collected municipal packaging waste)
15 01 02	plastic 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 19	plastic
	17 02 wood, glass and plastic
17 02 03	plastic
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 04	plastic and rubber
	20 01 separately collected fractions (except 15 01)
20 01 39	plastics
	Glass
	10 11 wastes from manufacture of glass and glass products
10 11 12	waste glass other than those mentioned in 10 11 11
	15 01 packaging (including separately collected municipal packaging waste)
15 01 07	glass 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 20	glass
	17 02 wood, glass and plastic
17 02 02	glass
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 05	glass
	20 01 separately collected fractions (except 15 01)
20 01 02	glass
	Ceramics
	10 12 wastes from manufacture of ceramic goods, bricks, tiles and construction products
10 12 08	waste ceramics, bricks, tiles and construction products (after thermal processing)
	17 01 concrete, bricks, tiles and ceramics
17 01 03	tiles and ceramics
17 01 07	mixtures 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 04	plastic and rubber
	Textiles
	15 01 packaging (including separately collected municipal packaging waste)
15 01 09	textile packaging
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 08	textiles
	20 01 separately collected fractions (except 15 01)
20 01 10	clothes
20 01 11	textiles
	Wood
	03 01 wastes from wood processing and the production of panels and furniture
03 01 05	sawdust, 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 03	wooden packaging
	17 02 wood, glass and plastic
17 02 01	wood
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 07	wood other than that mentioned in 19 12 06
	20 01 separately collected fractions (except 15 01)
20 01 38	wood 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 07	mechanically separated rejects from pulping of waste paper and cardboard
03 03 08	wastes from sorting of paper and cardboard destined for recycling
	15 01 packaging (including separately collected municipal packaging waste)
15 01 01	paper and cardboard packaging
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 01	paper and cardboard
	20 01 separately collected fractions (except 15 01)
20 01 01	paper and cardboard]

Textual Amendments

F20 Sch. 2 Pt. 1 para. 15 substituted (5.9.2016) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/96), regs. 1, 3(3)

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

I13 Sch. 2 para. 16 in operation at 19.12.2003, see reg. 1(1)

F21 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F21 Sch. 2 Pt. 1 para. 17 omitted (5.9.2016) by virtue of The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/96), regs. 1, 3(4)

F22 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F22 Sch. 2 Pt. 1 para. 18 omitted (5.9.2016) by virtue of The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/96), regs. 1, 3(5)

[F23 19.— (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 code	Waste description	Additional specified conditions
	01 04 wastes from physical and chemical processing of non-metalliferous minerals
01 04 08	waste gravel and crushed rocks other than those mentioned in 01 04 07
01 04 09	waste sand and clays
	10 12 wastes from manufacture of ceramic goods, bricks, tiles and construction products
10 12 08	waste 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 14	waste concrete and concrete sludge	Waste concrete only
	17 01 concrete, bricks, tiles and ceramics
17 01 01	concrete
17 01 02	bricks
17 01 03	tiles and ceramics
17 01 07	mixtures 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 02	bituminous mixtures other than those mentioned in 17 03 01
	17 05 soil (including excavated soil from contaminated sites), stones and dredging spoil
17 05 04	soil and stones other than those mentioned in 17 05 03
17 05 08	track 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 09	minerals (for example sand, stones)
	19 13 waste from soil and groundwater remediation
19 13 02	solid wastes from soil remediation other than those mentioned in 19 13 01
	20 02 garden and park wastes (including cemetery waste)
20 02 02	soil and stones]

Textual Amendments

F23 Sch. 2 Pt. 1 para. 19 substituted (5.9.2016) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/96), regs. 1, 3(6)

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

I14 Sch. 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

I15 Sch. 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

I16 Sch. 2 para. 22 in operation at 19.12.2003, see reg. 1(1)

[F24 23.— (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

F24 Sch. 2 Pt. 1 para. 23 substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 19

Commencement Information

I17 Sch. 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

I18 Sch. 2 para. 24 in operation at 19.12.2003, see reg. 1(1)

25.—(1) Subject to [F25 sub-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.

F26 (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

F25 Words 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)

F26 Sch. 2 Pt. 1 para. 25(4A) omitted (1.1.2007) by virtue of The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(e) (with reg. 2)

Commencement Information

I19 Sch. 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

I20 Sch. 2 para. 26 in operation at 19.12.2003, see reg. 1(1)

[F27 27.— (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

F27 Sch. 2 Pt. 1 para. 27 substituted (5.9.2016) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/96), regs. 1, 3(7)

F28 28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F28 Sch. 2 Pt. 1 para. 28 revoked (31.3.2009) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/76), regs. 1(1), 7

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 F29 .... N.I.

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

Textual Amendments

F29 Words 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

I21 Sch. 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.

[F30 (a) the waste consists of plant tissue;]

(b) [F31 it 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).

[F32 (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

F30 Sch. 2 Pt. 1 para. 30(1)(a) substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 22(1)

F31 Words 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)

F32 Sch. 2 Pt. 1 para. 30(4)(5) inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 22(3)

Commencement Information

I22 Sch. 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

I23 Sch. 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

I24 Sch. 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

I25 Sch. 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

I26 Sch. 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(2); 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

I27 Sch. 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(3), 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(4);

“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

I28 Sch. 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

I29 Sch. 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(5), the 1978 Order, the 1997 Order, the Water Order, the Industrial Pollution Control Order or the Environment (Northern Ireland) Order 2002(6);

(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(7) applies; or

(f) for the purposes of research.

Commencement Information

I30 Sch. 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

I31 Sch. 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 [F33 including the temporary storage of WEEE [F34 or 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; F35 ...

(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 [F36 ; 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

F33 Words in Sch. 2 Pt. 1 para. 40(1) inserted (5.1.2007) by Waste Electrical and Electronic Equipment (Waste Management Licensing) Regulations (Northern Ireland) 2006 (S.R. 2006/519), reg. 1, Sch. 1 para. 8(a) (with Sch. 2)

F34 Words in Sch. 2 Pt. 1 para. 40(1) inserted (20.5.2009) by The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009 (S.R. 2009/159), regs. 1, 3(6)(a) (with reg. 4)

F35 Word 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)

F36 Sch. 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

I32 Sch. 2 para. 40 in operation at 19.12.2003, see reg. 1(1)

41.—(1) The temporary storage, pending its collection, of waste [F37 (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 [F38 hazardous 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

F37 Words in Sch. 2 Pt. 1 para. 41(1) substituted (20.5.2009) by The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009 (S.R. 2009/159), regs. 1, 3(6)(b) (with reg. 4)

F38 Words in Regulations substituted (16.7.2005) by virtue of The Hazardous Waste Regulations (Northern Ireland) 2005 (S.R. 2005/300), reg. 1(1), Sch. 10 para. 9(2)(4)

Commencement Information

I33 Sch. 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

I34 Sch. 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

I35 Sch. 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

I36 Sch. 2 para. 44 in operation at 19.12.2003, see reg. 1(1)

[F39 45.— (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 Code	Waste description
	02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 10	waste metal
	12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 01	ferrous metal filings and turnings
12 01 02	ferrous metal dust and particles
12 01 03	non-ferrous metal filings and turnings
12 01 04	non-ferrous metal dust and particles
	15 01 packaging (including separately collected municipal packaging waste)
15 01 04	metallic 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 17	ferrous metal
16 01 18	non-ferrous metal
	16 08 spent catalysts
16 08 01	spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07)
16 08 03	spent catalysts containing transition metals or transition metal compounds not otherwise specified
	17 04 metals (including their alloys)
17 04 01	copper, bronze, brass
17 04 02	aluminium
17 04 03	lead
17 04 04	zinc
17 04 05	iron and steel
17 04 06	tin
17 04 07	mixed metals
17 04 11	cables other than those mentioned in 17 04 10
	19 01 wastes from incineration or pyrolysis of waste
19 01 02	ferrous materials removed from bottom ash
	19 10 wastes from shredding of metal-containing wastes
19 10 01	iron and steel waste
19 10 02	non-ferrous waste
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 02	ferrous metal
19 12 03	non-ferrous metal
	20 01 separately collected fractions (except 15 01)
20 01 40	metals]

Textual Amendments

F39 Sch. 2 Pt. 1 para. 45 substituted (5.9.2016) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/96), regs. 1, 3(8)

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

Commencement Information

I37 Sch. 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(8);

(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(9).

(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

I38 Sch. 2 para. 47 in operation at 19.12.2003, see reg. 1(1)

[F40 47A.— [F41 (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 [F42 Nutrient 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

F40 Sch. 2 Pt. 1 paras. 47A, 47B inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 23

F41 Sch. 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)

F42 Words 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)

[F43 47B.   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; F44 ...

(c) the deposit shall be carried out in accordance with the [F45 Nutrient Action Programme Regulations (Northern Ireland) 2019] [F46 ; 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

F43 Sch. 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)

F44 Word in Sch. 2 Pt. 1 para. 47B(b) omitted (13.2.2008) by virtue of The Waste Management (Miscellaneous Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/18), regs. 1, 3(1)

F45 Words in Sch. 2 Pt. 1 para. 47B(c) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(a)

F46 Sch. 2 Pt. 1 para. 47B(d) and word inserted (13.2.2008) by The Waste Management (Miscellaneous Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/18), regs. 1, 3(2)

[F47 47C.— (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 [F48 Nutrient 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

F47 Sch. 2 Pt. 1 paras. 47C-47F inserted (13.2.2008) by The Waste Management (Miscellaneous Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/18), regs. 1, 4

F48 Words 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 [F49 Nutrient 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

F47 Sch. 2 Pt. 1 paras. 47C-47F inserted (13.2.2008) by The Waste Management (Miscellaneous Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/18), regs. 1, 4

F49 Words 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 [F50 Nutrient 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

F47 Sch. 2 Pt. 1 paras. 47C-47F inserted (13.2.2008) by The Waste Management (Miscellaneous Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/18), regs. 1, 4

F50 Words 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 [F51 Nutrient 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

F47 Sch. 2 Pt. 1 paras. 47C-47F inserted (13.2.2008) by The Waste Management (Miscellaneous Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/18), regs. 1, 4

F51 Words in Sch. 2 Pt. 1 para. 47F(b) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(b)

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

I39 Sch. 2 para. 48 in operation at 19.12.2003, see reg. 1(1)

[F52 49.— (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 [F53 Annex VIII of the WEEE Directive] are met.

Table 11A

Kind of Waste	Storage Limits	Treatment Limits
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 13	80 cubic metres	5 tonnes per day
20 01 36 (WEEE other than those mentioned in 20 01 21, 20 01 23 and 20 01 35)	80 cubic metres	5 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 [F53 Annex 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 Waste	Storage Limits	Treatment Limits	Other Requirements
16 02 11* (WEEE containing chlorofluorocarbons, HCFC, HFC) and 20 01 23* (WEEE containing chlorofluorocarbons)	80 cubic metres	5 tonnes per day	Stored 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 metres	5 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 [F53 Annex 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

F52 Sch. 2 Pt. 1 paras. 49-51 inserted (5.1.2007) by Waste Electrical and Electronic Equipment (Waste Management Licensing) Regulations (Northern Ireland) 2006 (S.R. 2006/519), reg. 1, Sch. 1 para. 8(c) (with Sch. 2)

F53 Words in Sch. 2 Pt. 1 para. 49 substituted (12.6.2014) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/137), regs. 1, 5

[F52 50.— (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 Waste	Maximum quantity	Maximum duration	Type of containment
16 02 14 (WEEE other than those mentioned in 16 02 09 to 16 02 12)	80 cubic metres	3 months	impermeable 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 metres	3 months	impermeable 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 Waste	Maximum quantity	Maximum duration	Type of containment	Other requirements
16 02 11* (WEEE containing chlorofluorocarbons, HCFC or HFC) and 20 01 23* (WEEE containing chlorofluorocarbons)	80 cubic metres	3 months	impermeable surface; weatherproof covering of stored WEEE	stored 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 metres	3 months	impermeable surface; weatherproof covering of stored WEEE
20 01 21* (fluorescent tubes and other mercury-containing waste)	50 cubic metres	3 months	appropriate secure containers; weatherproof covering	stored 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

F52 Sch. 2 Pt. 1 paras. 49-51 inserted (5.1.2007) by Waste Electrical and Electronic Equipment (Waste Management Licensing) Regulations (Northern Ireland) 2006 (S.R. 2006/519), reg. 1, Sch. 1 para. 8(c) (with Sch. 2)

[F52 51.— (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

F52 Sch. 2 Pt. 1 paras. 49-51 inserted (5.1.2007) by Waste Electrical and Electronic Equipment (Waste Management Licensing) Regulations (Northern Ireland) 2006 (S.R. 2006/519), reg. 1, Sch. 1 para. 8(c) (with Sch. 2)

[F54 52.   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 codes	Kind of waste	Maximum quantity	Maximum duration
160601*, 160602*, 160604, 200133*, 200134	batteries and accumulators	5 tonnes for automotive batteries and accumulators, 10 tonnes for portable batteries and accumulators	6 months]

Textual Amendments

F54 Sch. 2 Pt. 1 para. 52 inserted (20.5.2009) by The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009 (S.R. 2009/159), regs. 1, 3(6)(c) (with reg. 4)

PART II N.I. INFORMATION REQUIRED FOR THE REGISTRATION OF AN EXEMPTION

Commencement Information

I40 Sch. 2 Pt. II in operation at 19.12.2003, see reg. 1(1)

Paragraph number of exempt activity in Part I	Plans 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 III N.I. assessment of benefit to agriculture or ecological improvement

1.  In assessing benefit to agriculture or ecological improvement for the purposes of [F55 paragraphs 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

F55 Words in Sch. 2 Pt. 3 para. 1 substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 24(1)

Commencement Information

I41 Sch. 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 [F56 spreading, 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;

[F57 (b) for exempt activities to which the [F58 Nutrient 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 [F56 spreading, 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 [F56 spreading, 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

F56 Words 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)

F57 Sch. 2 Pt. 3 para. 2(b) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(h) (with reg. 2)

F58 Words in Sch. 2 Pt. 3 para. 2(b) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(c)

Commencement Information

I42 Sch. 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.

[F59 Table 12

(Part I, paragraph 9)

	Parameter
Waste description and EWC Code (relating to Table 3)	Neutralising value	Micro-biology	Oils and fats	Potential toxic elements	Prescribed substances*	Carbon / nitrogen ratio
*substances listed in Schedule 6 to the 1998 Regulations.]
Plant tissue waste 02 01 03		X		X	X	X
Soil from cleaning and washing beet 02 04 01		X		X	X	X
Off specification compost consisting only of biodegradable waste 19 05 03		X		X	X	X
Biodegradable waste 20 02 01		X		X	X	X
Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets 02 01 99		X		X	X
Sludges from on-site effluent treatment 02 02 04		X	X	X
Waste bark and cork 03 01 01		X		X	X
Sawdust shavings, cuttings, wood, particle board 03 01 05		X		X	X
Waste bark and wood 03 03 01		X		X	X
Soil and stones 17 05 04		X		X	X
Soil and stones (from gardens and parks including cemeteries) 20 02 02		X		X	X
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 05	X		X
Wastes from sugar processing 02 04 01 to 02 04 03	X		X
Wastes from production of dairy products 02 05 01 to 02 05 02	X		X
Wastes from the baking and confectionary industry 02 06 01 to 02 06 03	X		X
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) 02 07 01 to 02 07 05	X		X
De-inking sludges and de-inked paper pulp from paper recycling 03 03 05 and 03 03 99	X			X	X	X
Lime mud waste 03 03 09	X			X	X
Wastes from calcination and hydration of lime 10 13 04	X			X	X
Sludges, in particular from on-site effluent treatment free of chromium 04 01 07			X	X	X
Organic matter from natural product (e.g. grease, wax) 04 02 10						X
Wastes from finishing other than those containing organic solvents 04 02 15						X
Sludges from on-site effluent treatment 04 02 20						X
Wastes from unprocessed textile fibres 04 02 21						X
Wastes from processed textile fibres 04 02 22						X
Dredging spoil 17 05 06				X	X
Liquor from anaerobic treatment of municipal waste 10 06 03				X	X
Digestate from anaerobic treatment of municipal waste 10 06 04				X	X
Liquor from anaerobic treatment of animal and vegetable waste 19 06 05				X	X
Digestate from anaerobic treatment of animal and vegetable waste 19 06 06				X	X
Sludges from water clarification 19 09 02	X	X		X	X

Textual Amendments

F59 Sch. 2 Pt. 3 para. 3 Table 12 substituted (30.12.2011) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/403), regs. 1(1), 5

Commencement Information

I43 Sch. 2 Pt. III para. 3 in operation at 19.12.2003, see reg. 1(1)

(1)

S.R. 1990 No. 245

(2)

S.R. 1993 No. 278

(3)

S.I. 2003/1809

(4)

S.R. 2002 No. 248; to which there is an amendment not relevant to these Regulations

(5)

1993 c. 12

(6)

S.I. 2002/3153 (N.I. 7)

(7)

S.R. 1998 No. 289

(8)

S.R. 1993 No. 256

(9)

S.R. 1993 No. 460