The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2021

Statutory Rules of Northern Ireland

2021 No. 182

Environmental Protection

The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2021

Made

25th June 2021

Coming into operation

2nd August 2021

The Department of Agriculture, Environment and Rural Affairs, being a Department designated (1) for the purposes of paragraph 7(2) of Schedule 4 of the European Union (Withdrawal) Act 2018(2) in relation to measures relating to the environment, makes the following Regulations in exercise of the powers conferred by sections 7(2) of that Act and by Articles 39(2) and (3) of the Waste and Contaminated Land (Northern Ireland) Order 1997(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2021 and shall come into operation on 2^th August 2021.

(2) The Interpretation Act (Northern Ireland) 1954 (4) applies to these Regulations as it applies to an Act of the assembly.

Amendment of the Controlled Waste (Registration of carriers and Seizures of Vehicles) Regulations (Northern Ireland) 1999

2.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999(5) are amended in accordance with Paragraph (2)—

(2) In regulation 4 (applications for registration)—

(a) In paragraph (8)(a) for “£152” substitute “£155”;

(b) In paragraph (8)(b) for “£76” substitute “£77”; and

(c) In paragraph (8)(c) for “£39” substitute “£40”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

3.—(1) The Waste Management Licensing Regulations (Northern Ireland) 2003 (6) are amended in accordance with paragraphs (2) and(3)—

(2) In regulation 18 (registration in connection with exempt activities)—

(a) In paragraph (12)(a) for “£926” substitute “£943”;

(b) In paragraph (12)(b) for “£671” substitute “£683”; and

(c) In paragraph (12)(c) for “£671” substitute “£683”.

(3) In Schedule 4 (registration of brokers and dealers of controlled waste)—

(a) In paragraph 3(10)(a) for “£152” substitute “£155”;

(b) In paragraph 3(10)(b) for “£76” substitute “£77”;and

(c) In paragraph 3(10)(c) for “£39” substitute “£40”.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 24^th June 2021

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 2^nd July 2021

Colin Breen

A senior officer of the

Department of Agriculture, Environment and Rural Affairs

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Department of Agriculture, Environment and Rural Affairs publishes a charging scheme to ensure that as far as practical, fees and charges payable for waste management licences under the Waste and Contaminated Land (Northern Ireland) Order 1997 (the 1997 Order) are sufficient to recover the costs for the Department in exercising its functions under the 1997 Order. However, fees for processing applications to register an undertaking carrying on an exempt activity and charges for processing applications for registration as carriers, brokers, or dealers in controlled waste are required to be set out in legislation. The purpose of these Regulations is to increase those fees and charges. Details of the increased fees will also be included in the charging scheme which sets out the fees and charges payable in respect to waste management licences.

These Regulations amend regulation 4 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999. Which sets out the process concerning applications for registration as a carrier of controlled waste, including the associated fees.

Also amended is regulation 18(12) of the Waste Management Licensing Regulations (Northern Ireland) 2003, which sets out fees in relation to registration of an undertaking or establishment carrying out activities exempted from the requirement to obtain a full waste management licence and paragraph 3(10) of Schedule 4 to the Waste Management Licensing Regulations (Northern Ireland) 2003 which sets out fees in relation to the registration of brokers of and dealers in controlled waste.

(1)

S.I. 1992/2870 and S.I. 2008 No. 301

(2)

2018 c.16

(3)

S.I. 1997/2778 (N.I. 19) the relevant amendment S.I. 2007/611 (N.I. 3)

(4)

1954 c. 33 (N.I.)

(5)

S.R. 1999 No. 362 the relevant amendments are S.R. 2003 No. 493, S.R. 2010 No. 84, S.R. 2011 No. 127, S.R. 2012 No. 112, S.R. 2013 No. 248, S.R. 2015 No. 21, S.R. 2016 No. 401, S.R. 2017 No. 221, S.R. 2018 No. 91, S.R. 2019 No.83 and S.R. 2020 No. 112.

(6)

S.R. 2003 No. 493 the relevant amendments are S.R. 2006 No. 519, S.R. 2010 No. 84, S.R. 2011 No. 232, S.R. 2012 No.112, S.R. 2103 No. 248, S.R. 2015 No. 21, S.R. 2016 No. 401, S.R. 2017 No. 221, S.R. 2018 No.91, S.R. 2019 No.83 and S.R. 2020 No.112.