The Waste Management Licensing Amendment (Scotland) Regulations 2006

Amendment of the Waste Management Licensing Regulations 1994

6.  For regulation 18 substitute–

“Registration in connection with exempt activities

18.— (1) Subject to paragraph (2), it shall be an offence for an establishment or undertaking to carry on an exempt activity involving the recovery or disposal of waste without being registered with the appropriate registration authority.

(2) Paragraph (1) shall not apply in the case of an exempt activity to which a resolution under section 54 of the 1990 Act relates and which is carried on in accordance with the conditions, specified in the resolution, which relate to it.

(3) It shall be the duty of each appropriate registration authority to establish and maintain a register for the purposes of paragraph (1) of establishments and undertakings carrying on exempt activities involving the recovery or disposal of waste in respect of which it is the appropriate registration authority.

(4) Subject to paragraph (5), the register shall contain the following particulars in relation to each such establishment or undertaking–

(a) the name and address of the establishment or undertaking;

(b) the activity which constitutes the exempt activity; and

(c) the place where the activity is carried on.

(5) Subject to paragraphs (6) to (9), the appropriate registration authority shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing or otherwise becomes aware of those particulars.

(6) Paragraph (5) shall not apply in the case of an exempt activity falling within paragraph 45(1) or (2) of Schedule 3 and, in such a case, the appropriate registration authority shall enter the relevant particulars in the register in relation to an establishment or undertaking only if–

(a) it receives notice of them in writing;

(b) that notice is provided to it by that establishment or undertaking;

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

(i) the boundaries of that place;

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

(iii) the location and specifications of any such impermeable pavements, drainage systems or hardstandings as are mentioned in paragraph 45(1)(c) or (2)(f) or (g) of Schedule 3; and

(iv) the location of any such secure containers as are mentioned in paragraph 45(2)(e) of Schedule 3;

(d) in the case of waste motor vehicles, it has first verified, further to its inspection of each such place–

(i) the type of waste to be treated;

(ii) the quantities of waste to be treated;

(iii) the general technical requirements to be complied with; and

(iv) the safety precautions that are to be taken,

in order to achieve the objectives referred to in Article 4 of the Directive, and a registration further to such verification shall continue subject to the requirement that verification upon inspection be made annually in respect of it; and

(e) that notice is also accompanied by payment of the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995(1) in respect of each place where any such exempt activity is carried on.

(7) Where any fee payable under paragraph 45(3)(d) of Schedule 3 is not received by the appropriate registration authority within 2 months of the due date for its payment as ascertained in accordance with paragraph 45(4) of Schedule 3–

(a) in a case where the establishment or undertaking is registered for exempt activities falling within paragraph 45(1) or (2) in respect of only one place, or where it is so registered in respect of more than one place and the fee in respect of each such place is then unpaid, the registration of the establishment or undertaking shall be cancelled and the authority shall remove from its register the relevant entry in respect of the establishment or undertaking;

(b) in any other case, the registration of the establishment or undertaking in respect of those activities shall be cancelled insofar as it relates to any place in respect of which the fee is then unpaid and the authority shall amend the relevant entry in its register accordingly,

and where the authority removes or amends an entry from or in its register by virtue of this paragraph it shall notify the establishment or undertaking in writing of the removal or amendment.

(8) (a) Paragraph (5) does not apply in the case of an exempt activity falling within paragraphs 7, 8(2), 9, 10, 12, 19, 42, 46 or 47 of Schedule 3 and the provisions of this paragraph shall instead apply to such an activity.

(b) An establishment or undertaking which intends to carry out an exempt activity to which this paragraph applies shall provide to the appropriate registration authority a written notice given on a form provided for the purpose by the appropriate registration authority (“the notice”) together with–

(i) a plan and the documents specified in Part 1 of Schedule 3A and such other information as the appropriate registration authority reasonably requires, and

(ii) payment of the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

(c) Subject to sub paragraphs (d) and (e), unless the appropriate registration authority has within the period of 21 days from the date on which it received the notice, either–

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

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

those particulars shall be deemed to be entered in the register at the end of that 21 day period.

(d) In the case of a notice in relation to an exempt activity falling within paragraph 46 of Schedule 3, the relevant particulars shall be deemed to be entered in the register on the date which is requested in the notice, provided that–

(i) the notice was submitted to the appropriate registration authority as soon as was practicable before the requested date; and

(ii) the appropriate registration authority has not within the period prior to the requested date either entered the relevant particulars in the register or served a notice of refusal on the establishment or undertaking.

(e) Particulars entered or deemed to be entered into the register under this paragraph shall be deemed to be removed from the register on the expiry of 12 months from the date on which they were entered or deemed to be entered (“the removal date”), unless the establishment or undertaking has no later than 21 days before the removal date provided to the appropriate registration authority–

(i) a notice containing a request that registration of an exempt activity registered under this paragraph be renewed (“the renewal notice”) and either confirmation that the particulars submitted in the notice and the plan and documentation which accompanied it remain accurate or a revision of such of the particulars of the notice and plan and documentation as are no longer accurate, and

(ii) the renewal notice is accompanied by payment of the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

(9) (a) Subject to sub paragraphs (b) and (c), the appropriate registration authority may remove from the register the particulars which have been entered in relation to an exempt activity where it is satisfied that–

(i) the establishment or undertaking to which the relevant entry relates no longer exists or is no longer carrying out that activity;

(ii) the activity is no longer being carried out in compliance with the conditions or limitations of the relevant paragraph of Schedule 3 or with the relevant provisions of regulation 17(3), (4) (5) or (6); or

(iii) there has been a breach of any of the registration obligations in regulation 18A which apply in relation to an activity.

(b) Before removing the relevant entry from the register, the appropriate registration authority shall serve on the establishment or undertaking to which the relevant entry relates a notice (“notice of removal”) stating that the registration is cancelled on a date specified in the notice which shall be at least 28 days after the date on which the notice is served and giving reasons for the cancellation.

(c) A notice of removal served in accordance with sub paragraph (b) can be withdrawn by the appropriate registration authority at any time and the relevant entry reinstated in the register with or without amendment of the particulars relating to that entry.

(10) For the purposes of paragraph (5), the appropriate registration authority shall be taken to be aware of the relevant particulars in relation to–

(a) an exempt activity carried out under an authorisation granted under Part I of the 1990 Act, or storage related to such an activity;

(b) an exempt activity carried out under a permit granted under the 2000 Regulations, or storage related to such an activity;

(c) an exempt activity falling within paragraph 23 of Schedule 3.

(11) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding–

(a) in the case of an exempt activity falling within paragraph 7, 8(2), 9, 10, 12, 19, 42, 46 or 47 of Schedule 3, level 3 on the standard scale; and

(b) in any other case, level 2 on the standard scale.

(12) Each appropriate registration authority shall secure that any register maintained by it under this regulation is open to inspection by members of the public free of charge at all reasonable hours and shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.

(13) Registers under this regulation may be kept in any form.

(14) For the purposes of this regulation and regulation 18A, the appropriate registration authority is–

(a) in the case of an exempt activity falling within paragraph 23 of Schedule 3, the authority responsible for granting an authorisation under regulation 27 of the Animal By-Products (Scotland) Regulations 2003(2) under which the exempt activity is carried on; and

(b) in any other case, the waste regulation authority.”.

(1)

1995 c. 25.

(2)

S.S.I. 2003/411; amended by S.S.I. 2006/3, Schedule 7, paragraph 44.