The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Controlled Waste Regulations (Northern Ireland) 2002. They classify waste as household waste, commercial waste or industrial waste for the purposes of Part 2 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the 1997 Order”) and thus determining the meaning of ‘controlled waste’ as applied by the 1997 Order.

They also prescribe the types of household waste for which a charge for collection may be made and provide that certain litter is to be treated under Part 2 of the 1997 Order in the same way as waste collected under Article 20 of that Order.

Regulation 2 clarifies which wastes which are not to be classified as controlled wastes.

Regulation 3 gives effect to the Schedule, which classifies wastes that are to be treated as household, commercial or industrial wastes; describes waste which is to be classified according to its place of production; describes waste which is to be classified according to its nature or the activity from which it is produced; and prescribes household waste for which a collection charge may be made and specifies household waste which is to be treated as commercial waste only for the purposes of charging for disposal.

In addition, the Regulations update the Controlled Waste (Duty of Care) Regulations 2002 to specify the information required on a Waste Transfer Note.

Regulation 5(1) places a new duty on waste holders and transporters to carry Waste Transfer Notes along with the waste they relate to and to produce such a note if stopped by an authorised officer or a constable. The purpose of this regulation is to ensure accuracy of records and to assist in addressing the illegal movement or holding of waste.