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Statutory Instruments

1998 No. 606

ENVIRONMENTAL PROTECTION

The Waste Management Licensing (Amendment) Regulations 1998

Made

9th March 1998

Laid before Parliament

11th March 1998

Coming into force

1st April 1998

The Secretary of State for the Environment, Transport and the Regions, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly, being Ministers designatedF1 for the purposes of section 2(2) of the European Communities Act 1972F2 in relation to measures relating to the prevention, reduction and elimination of pollution of water and the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred by section 2(2) of that Act, hereby make the following Regulations:

Citation and commencementE+W

1.  These Regulations may be cited as the Waste Management Licensing (Amendment) Regulations 1998 and shall come into force on 1st April 1998.

Amendment of the Waste Management Licensing Regulations 1994E+W

2.—(1) The Waste Management Licensing Regulations 1994 F3 shall be amended as follows.

(2) In regulation 18(4A)(d) F4, for the words “a fee of £400" there shall be substituted “ the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 F5.

(3) In Schedule 3 (activities exempt from waste management licensing)—

(a)in paragraph 45(3)(b) F6 for the words “the annual fee" there shall be substituted “ the charge ”; and

(b)in paragraph 45(3)(d) for the words “a fee of £150 is paid annually" there shall be substituted “ the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 is paid ”.

(4) In Schedule 5 (registration of brokers of controlled waste)—

(a)in paragraph 3(6) (form of application for registration), for the words from “on a form corresponding to the form in Part II of this Schedule" to the end there shall be substituted “ on a form provided for the purpose by the waste regulation authority, and shall be accompanied by such information as may reasonably be required by that authority. ”;

(b)in paragraph 3(7) (form of application for renewal of registration), for the words from “on a form corresponding to the form in Part III of this Schedule" to the end there shall be substituted “ on a form provided for the purpose by the waste regulation authority, and shall be accompanied by such information as may reasonably be required by that authority. ”;

(c)for paragraph 3(11) (which specifies fees to be charged by a waste regulation authority in respect of applications in connection with registration) there shall be substituted—

(11) The applicant shall pay the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995 when he makes his application.;

(d)Parts II and III of the Schedule (forms of application) are revoked.

F3S.I. 1994/1056; relevant amending instruments are S.I. 1995/288, 1995/1950 and 1996/634.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Angela Eagle

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

4th March 1998

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under-Secretary of State, Welsh Office

6th March 1998

Sewel

Parliamentary Under-Secretary of State, Scottish Office

9th March 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 18 of, and Schedules 3 and 5 to, the Waste Management Licensing Regulations 1994, which provide for registration in connection with exempt activities and applications in connection with registration as a broker of controlled waste. They—

(a)  require applications to be made on a form provided for the purpose by the waste regulation authority (which is the Environment Agency, or in Scotland the Scottish Environment Protection Agency); andE+W

(b)  provide for the fees to be charged to an applicant to be those specified in or determined under a scheme made by the appropriate Agency under section 41 of the Environment Act 1995 (c.25).E+W