Statutory Instrument 1994 No. 1056
The Waste Management Licensing Regulations 1994 - continued

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EXPLANATORY NOTE

(This note is not part of the Regulations)
    These Regulations make provision related to the bringing into force of the waste management licensing system under Part II of the Environmental Protection Act 1990 ("the 1990 Act") and for the purpose of implementing certain Council Directives relating to waste.
    Regulation 2, and Schedules 1 and 2, provide for the form and contents of applications both for waste management licences and for their surrender or transfer. Regulations 3 to 5 make provision in connection with determining whether an applicant for a licence is a fit and proper person. Regulations 6 to 9 contain procedural provisions in relation to appeals under sections 43 and 66 of the 1990 Act.
    Regulations 10 and 11 make provision in relation to the contents of public registers maintained under section 64 of the 1990 Act. Regulation 12 prescribes what is to be treated as mobile plant for the purposes of Part II of the 1990 Act.
    Regulation 13 prohibits the imposition of conditions in waste management licences for the purpose of securing the health of persons at work. Regulation 14 makes provision, pursuant to Council Directive 75/439/EEC on the disposal of waste oils (OJ No. L 194, 25.7.1975, p. 23, as amended by Council Directive 87/101/EEC, OJ No. L 42, 12.2.1987, p. 43) as to conditions which are to be included in a licence which relates to waste oil. Regulation 15, for the purpose of implementing Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances, makes provision for the method of dealing with applications for licences in respect of waste activities which could lead to the discharge into groundwater of the substances in lists I and II of that Directive.
    Regulations 16 and 17 exempt certain activities from the need to have a waste management licence. Regulation 16 disapplies section 33(1) of the 1990 Act in the case of certain waste activities controlled by other systems. Regulation 17 disapplies section 33(1)(a) and (b) of the 1990 Act in the case of the activities set out in Schedule 3. Regulation 18 provides a system of registration for the activities exempted by regulation 17.
    Regulation 19 and Schedule 4 contain provisions which implement Council Directive 75/442/EEC on waste (as amended) ("the Waste Framework Directive"). Part I of Schedule 4 modifies Parts I and II of the 1990 Act, Parts I and II of the Control of Pollution Act 1974, Part II of the Food and Environment Protection Act 1985, Chapter II of Part III of the Water Resources Act 1991 and the Town and Country Planning legislation, and requires certain functions under those enactments to be discharged with the objectives set out in the Waste Framework Directive. Part I of that Schedule also provides for the preparation of offshore waste management plans, registration of waste collectors, transporters, brokers and dealers who would otherwise not be subject to registration, and the inspection of, and record keeping by, establishments or undertakings carrying out waste disposal or recovery. Part II of Schedule 4 lists objects or substances which are waste when discarded, and Parts III and IV of that Schedule list waste disposal and recovery operations.
    Regulation 20 and Schedule 5 provide for the registration of waste brokers and dealers in respect of their activities on or after 1st January 1995. Schedule 5 makes provision as to the keeping of registers, and in respect of applications for registration, the duration and revocation of registration, and related appeals.
    Regulations 21 to 24 amend the Deposits in the Sea (Exemptions) Order 1985, the Collection and Disposal of Waste Regulations 1988, the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 and the Controlled Waste Regulations 1992.
    An assessment of the cost to business of complying with these Regulations has been prepared and copies may be obtained from the 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.



ISBN 0 11 044056 0


 
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