The Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No. 2) Regulations 2005
| Year | 2005 |
2005 No. 1528
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No. 2) Regulations 2005
Made 7th June 2005
Laid before Parliament 9th June 2005
Coming into force in accordance with regulation 1(2)
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on her by section 2(2) of that Act and sections 29(10) and 64(1) and (8) of the Environmental Protection Act 19903makes the following Regulations:
Citation, commencement and territorial application
1.—(1) These Regulations may be cited as the Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No.2) Regulations 2005.
(2) These Regulations shall come into force—
(a)
(a) for the purposes of the revocation in regulation 2, on 30th June 2005;
(b)
(b) for all other purposes, on 1st July 2005 (“the amendment date”).
(3) These Regulations extend to England and Wales but regulation 6 applies to England only.
Revocation of the Waste Management Licensing (England and Wales)(Amendment and Related Provisions) Regulations 2005
2. The Waste Management Licensing (England and Wales)(Amendment and Related Provisions) Regulations 20054are revoked.
Amendment of the Environment Act 1995
3.—(1) The Environment Act 19955is amended as follows.
(2) In section 56(1) in the definition of “environmental licence” which applies in the application of Part 1 of that Act in relation to the Environment Agency, in paragraph (j) after “in respect of”, insert “an activity which requires notification under regulation 18AA of those Regulations or”.
Amendment of the Waste Management Licensing Regulations 1994
4. The Waste Management Licensing Regulations 19946are amended in accordance with regulations 5 to 19.
Amendment of regulation 1: interpretation
5. In regulation 1(3) insert at the appropriate place—
““internal drainage board” has the meaning given by section 1(1) of the Land Drainage Act 19917; and
“notifiable exempt activity” means an exempt activity falling within—
(a) paragraph 7A, 8A, 9A, 10A, 19A or 46A of Schedule 3 to these Regulations; or
(b) paragraph 12B of that Schedule where the volume of waste composted in reliance on the exemption at any one time exceeds 5 tonnes;”.
Amendment of regulations 10 and 12: public registers and mobile plant
6.—(1) In regulation 10, in paragraph (1)(g)—
(a)
(a) omit paragraph (i); and
(b)
(b) at the end insert—
“(iv)
“(iv) the scores which result from any risk appraisal relating to a site which is the subject of a waste management licence;”.
(2) In regulation 12, in paragraph (1)—
(a)
(a) for sub-paragraph (d) substitute—
“(d)
“(d) plant for the treatment of clinical waste;”;
(b)
(b) after sub-paragraph (e) insert—
“(f)
“(f) plant for the dewatering of muds, sludges, soils and dredgings;
(g)
(g) plant for the treatment by lime stabilisation of sludge;
(h)
(h) plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters;”; and
(c)
(c) after paragraph (2) insert—
“3 For the purposes of paragraph (1)(h) above “controlled waters” has the meaning given by section 104 of the Water Resources Act 19918”.
Amendment of regulation 17: exemptions from waste management licensing
7. In regulation 17—
(a) in paragraph (2), for the list of paragraphs of Schedule 3, substitute “4, 7A, 8A, 8B, 9A, 11, 12B, 12C, 13, 14, 15, 17, 18, 19A, 25, 37, 40, 41, 45 or 46A”; and
(b) after paragraph (5) insert—
“5A It shall be the duty of each appropriate registration authority (as defined in regulation 18(10)) to have regard to any guidance issued to it by the Secretary of State with respect to the discharge of its functions in relation to any exempt activity.”.
Amendment of regulation 18: registration in connection with exempt activities
8.—(1) In regulation 18—
(a)
(a) in paragraph (1), for “, (1B) and (7)” substitute “and (1B)”
(b)
(b) in paragraph (4), after “undertaking” insert “carrying on an exempt activity other than a notifiable exempt activity”;
(c)
(c) insert before paragraph (6)—
“5A The duty to maintain a register in paragraph (2) above includes the duty to remove an entry in relation to an establishment or undertaking if—
(a) the appropriate registration authority has become aware that the undertaking or establishment has ceased to carry on the relevant activity;
(b) the activity is not being carried on in compliance with the conditions or limitations of the relevant paragraph in Schedule 3; or
(c) regulation 17(1) is disapplied in relation to the activity by virtue of any of the provisions in regulation 17(1A) to (4).”
(d)
(d) in paragraph (6), for sub-paragraphs (a) and (b) substitute—
“(a)
“(a) in the case of a notifiable exempt activity, level 3 on the standard scale; and
(b)
(b) in any other case, level 2 on the standard scale.”
(e)
(e) omit paragraph (7);
(f)
(f) at the beginning of paragraph (10)(a)(iii) and (aa)(iii), for “paragraph 12” substitute “paragraph 12C”.
Supervision of exempt activities
9. After regulation 18 insert—
“Supervision of exempt activities
18AA.—(1) An establishment or undertaking which wishes to be registered as carrying on a notifiable exempt activity must provide to the appropriate registration authority—
(a)
(a) a notice of its relevant particulars and such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for the purpose by the authority;
(b)
(b) such plans and other documents as the authority reasonably requires;
(c)
(c) the quantity of waste to be disposed of or recovered; and
(d)
(d) any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
(2) For the purposes of paragraph (1), the total area covered by a notice in relation to any exempt activity falling within paragraph 7A of Schedule 3 shall not exceed 50 hectares.
(3) The information required under paragraph (1) above shall include a certificate prepared by a person with appropriate technical expertise containing such evidence as can reasonably be expected to demonstrate that, in relation to an exempt activity falling within—
(a)
(a) paragraphs 7A, 8A or 9A(1)(b) of Schedule 3, the activity will result in benefit to agriculture or ecological improvement and will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4; or
(b)
(b) paragraph 12B of Schedule 3, that the activity will be consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part 1 of Schedule 4.
(4) Where it receives notification pursuant to paragraph (1), the appropriate registration authority shall—
(a)
(a) enter the relevant particulars in the register; or
(b)
(b) before the end of the relevant period refuse to enter the relevant particulars in the register (such decision, and the reasons for it, to be set out in writing and served on the establishment or undertaking).
(5) An establishment or undertaking which carries on a notifiable exempt activity and wishes to maintain its entry on the register must, within 12 months of the date that the particulars were entered or last renewed, provide to the appropriate registration authority a renewal notice including—
(a)
(a) a notice confirming that it continues to carry on the exempt activity together with such other information as the authority reasonably requires in relation to the activity as indicated on a form provided for that purpose by the authority;
(b)
(b) such plans or other documents as the authority may reasonably require;
(c)
(c) the quantity of waste to be disposed of or recovered; and
(d)
(d) any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.
(6) An establishment or undertaking which wishes to dispose of or recover a quantity of waste which exceeds the amount notified by it to the appropriate registration authority shall provide a revised notification under paragraph (1) (including any applicable charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995).
(7) The appropriate registration authority shall remove from the register an entry in relation to an establishment or undertaking which carries on a notifiable exempt activity if—
(a)
(a) it has not received a renewal notice in accordance with paragraph (5) within 12 months of the date on which the particulars were entered into the register or were last renewed; or
(b)
(b) it has decided to refuse to renew a registration in response to such a notice...
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