Registration by professional collectors and transporters of waste, and by dealers and brokers
12.—(1) Subject to sub-paragraph (3) below, it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (c), (f) or (g) of regulation 2(1) of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991(1) after 31st December 1994 to collect or transport waste on a professional basis unless it is registered in accordance with the provisions of this paragraph.
(2) Subject to sub-paragraph (3) below, it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b) or (c) of regulation 20(4) after 31st December 1994 to arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph.
(3) Sub-paragraphs (1) and (2) above do not apply in cases where the establishment or undertaking is carrying on the activities therein mentioned pursuant to, and in accordance with the terms and conditions of, a permit.
(4) An establishment or undertaking shall register with the waste regulation authority in whose area its principal place of business in Great Britain is located or, where it has no place of business in Great Britain, with any waste regulation authority.
(5) Each waste regulation authority shall establish and maintain a register of establishments and undertakings registering with it under the provisions of this paragraph.
(6) The register shall contain the following particulars in relation to each such establishment or undertaking—
(a)the name of the establishment or undertaking;
(b)the address of its principal place of business; and
(c)the address of any place at or from which it carries on its business.
(7) The waste regulation 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.
(8) A person guilty of an offence under sub-paragraph (1) or (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(9) Each waste regulation authority shall secure that any register maintained by it under this paragraph is open to inspection at its principal office 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.
(10) Registers under this paragraph may be kept in any form.
(11) In this paragraph, “registered carrier” and “controlled waste” have the same meaning as they have in the Control of Pollution (Amendment) Act 1989(2), “registered broker” has the same meaning as in regulation 20 and Schedule 5, and “collect” and “transport” have the same meaning as they have in Article 12 of the Directive.
S.I.1991/1624; regulation 2(1)(c) is amended by regulation 24(2) of these Regulations.