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The Waste Management Regulations 1996

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Explanatory Note

(This note is not part of the Regulations)

These Regulations make miscellaneous changes to waste management legislation, partly by amending the Waste Management Licensing Regulations 1994 and the Waste Management Licensing (Amendment etc.) Regulations 1995. They also amend the Environmental Protection (Waste Recycling Payments) Regulations 1992.

Paragraphs (5) and (7) of regulation 2 relate to the requirement for registration of exemption from licensing imposed by article 11(2) of Directive 75/442/EEC as amended by Directive 91/156/EEC. They relate to exemption from waste management licensing in respect of the carrying out of certain activities in relation to scrap metal and waste motor vehicles. Regulation 2(5) increases to £400 the fee payable in respect of registration. Regulation 2(7) increases to £150 the annual fee for exemption.

The other provisions of the Regulations:

(a)modify the description of certain types of facility whose manager is required to hold a particular certificate of technical competence; (regulation 2(2));

(b)make additional transitional provision for managers of facilities on local authority waste management sites (regulation 2(3)). This provision does not apply to Scotland;

(c)prescribe plant for the treatment of waste soil as mobile plant for the purposes of Part II of the Environmental Protection Act 1990 (regulation 2(4));

(d)extend to 30th September 1996 the exemption from waste management licensing for certain activities involving the biological or physico-chemical treatment of waste (regulation 2(6);

(e)extend the transitional period of exemption from requirements for managers of certain types of facilities to hold relevant certificates of technical competence (regulation 3);

(f)make interim provision for someone who has applied for a certificate of technical competence to manage a new site other than a landfill site (regulation 4);

(g)make transitional provision for those whose application for a certificate of technical competence would otherwise be affected by the modifications referred to in paragraph (a) (regulation 5);

(h)replace the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992, which makes provision for determining the net saving of expenditure payable by waste disposal authorities to waste collection authorities and other persons who collect and retain waste for recycling (regulation 6). This provision only applies in the absence of sufficient accurate information or if this information can only be obtained at disproportionate cost.

A compliance cost assessment in respect of these Regulations may be obtained from Waste Policy Division (Branch 1), Department of the Environment, Room A2.22, Romney House, 43 Marsham Street, London SW1P 3PY. A copy has been placed in the library of each of the Houses of Parliament.

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