The Waste Management Licensing Regulations (Northern Ireland) 2003

• (2) The exemption conferred by sub-paragraph (1), in relation to the carrying on of an activity at any premises, shall cease to have effect in relation to the carrying on of that activity at those premises on the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, on the date on which –

• (a) the period for appealing expires without an appeal being made; or

• (b) any appeal is withdrawn or finally determined.

43

• (1) The treatment, keeping or disposal by any person at any premises of waste if –

• (a) he was carrying on the activity in question at those premises before 19th December 2003; and

• (b) before that date no disposal licence was required under Part II of the 1978 Order for that activity.

• (2) Subject to sub-paragraph (3), the exemption conferred by sub-paragraph (1), in relation to an activity carried on by a person at any premises, shall after 19th December 2004 cease to have effect in relation to the carrying on of that activity at those premises unless on or before that date he applies for a waste management licence in relation to the activity in question.

• (3) Where a person makes such an application as is mentioned in sub-paragraph (2), the exemption conferred by sub-paragraph (1) shall continue to have effect in relation to the activity in question until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the date on which –

• (a) the period for appealing expires without an appeal being made; or

• (b) any appeal is withdrawn or finally determined.

44

• (1) Heating iron, steel or any ferrous-alloy, non-ferrous metal or non-ferrous metal alloy, in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, for the purpose of removing grease, oil or any other non-metallic contaminant.

• (2) Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

• (3) In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (l), of Part A or paragraphs (a), (b), (e) or (f) of Part B or paragraphs (a), (b) or (c) of Part C of section 2.1 of Schedule 1 to the 1998 Regulations or an activity described in section 2.1 (other than in paragraph (d) of Part C) of Part I of Schedule 1 to the 2003 Regulations.

• (4) In the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (j) or (k), of Part A of section 2.2 of Schedule 1 to the 1998 Regulations or an activity described in Part A of section 2.2 of Part I of Schedule 1 to the 2003 Regulations.

• (5) The secure storage at the premises where the heating is to take place of waste intended to be submitted to heating to which sub-paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement.

• (6) In this paragraph, “net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

• (7) In this paragraph, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in section 2.2 of Schedule 1 to the 1998 Regulations, or as the case may be, section 2.2 of Schedule 1 to the 2003 Regulation and “non-ferrous metal alloy” shall be construed accordingly.

45

• (1) Subject to the conditions specified in sub-paragraph (3), the storage of waste of a type identified by the six-digit EWC Code in Column 1 of Table 10 and referred to by the corresponding waste description in Column 2 of that Table at a quayside prior to loading a vessel.

• (2) For the purposes of this paragraph, “vessel” means a vessel as defined in Article 1 of Schedule 11 to the Merchant Shipping Act 1995.

• (3) The specified conditions are that—

• (a) the combined total volume of all wastes stored on site at any one time does not exceed 5,000m³;

• (b) no waste is stored for longer than 12 months; and

• (c) the site has, and is operated in accordance with, planning permission, where such permission is required.

Six-digit EWC Code	Waste description
	02 01 wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing
02 01 10	waste metal
	12 01 wastes from shaping and physical and mechanical surface treatment of metals and plastics
12 01 01	ferrous metal filings and turnings
12 01 02	ferrous metal dust and particles
12 01 03	non-ferrous metal filings and turnings
12 01 04	non-ferrous metal dust and particles
	15 01 packaging (including separately collected municipal packaging waste)
15 01 04	metallic packaging
	16 01 end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)
16 01 17	ferrous metal
16 01 18	non-ferrous metal
	16 08 spent catalysts
16 08 01	spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07)
16 08 03	spent catalysts containing transition metals or transition metal compounds not otherwise specified
	17 04 metals (including their alloys)
17 04 01	copper, bronze, brass
17 04 02	aluminium
17 04 03	lead
17 04 04	zinc
17 04 05	iron and steel
17 04 06	tin
17 04 07	mixed metals
17 04 11	cables other than those mentioned in 17 04 10
	19 01 wastes from incineration or pyrolysis of waste
19 01 02	ferrous materials removed from bottom ash
	19 10 wastes from shredding of metal-containing wastes
19 10 01	iron and steel waste
19 10 02	non-ferrous waste
	19 12 wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified
19 12 02	ferrous metal
19 12 03	non-ferrous metal
	20 01 separately collected fractions (except 15 01)
20 01 40	metals

46

• (1) Subject to the following provisions of this paragraph and any limitation set down in Column 3 of Table 11 –

• (a) the recovery within the curtilage of a water treatment works of waste from water treatment if the total quantity of waste which is accepted in any period of twelve months does not exceed 10,000 cubic metres;

• (b) the secure storage within the curtilage of a water treatment works of waste intended to be submitted to the activities mentioned in sub-paragraph (a);

• (c) the recovery of waste within the curtilage of a sewage treatment works where the total quantity of waste accepted at a sewage treatment works in any period of 12 months does not exceed 100,000 cubic metres; and

• (d) the secure storage within the curtilage of a sewage treatment works of waste intended to be submitted to the activities mentioned in sub-paragraph (c).

• (2) Sub-paragraphs (1)(a) and (b) apply to only those wastes identified by EWC Code in Column 1 of Part 1 of Table 11 and referred to in Column 2 of that Table and sub-paragraphs (1)(c) and (d) apply to any of those wastes listed by EWC Code in Column 1 of Table 11 and referred to in Column 2 of that Table.

• (3) The recovery and storage operation takes place on an impermeable pavement.

EWC Code	Types of waste	Limitation
PART I	PART I	PART I
	Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 01	solid waste from primary filtration and screenings	Screenings only
19 09 02	sludges from water clarification
19 09 03	sludges from decarbonation
19 09 06	solutions and sludges from regeneration of ion exchangers
PART II	PART II	PART II
	Wastes from waste water treatment plants not otherwise specified (19 08)
19 08 05	sludges from treatment of urban waste water
	Other municipal wastes (20 03)
20 03 04	Septic tank sludge
20 03 99	Municipal waste not otherwise specified	cesspool waste and other sewage sludge not described elsewhere in this table only.

47

• (1) Subject to sub-paragraphs (2) to (4), the burning at a dock of waste consisting of –

• (a) plant tissue waste, in pursuance of a notice given under Article 22 of the Plant Health Order (Northern Ireland) 1993[^f00077];

• (b) wood of any kind used to wedge or support parts of cargo, including packing material, spacers and pallets, in pursuance of a notice given under Article 20 of the Plant Health (Wood and Bark) Order (Northern Ireland) 1993[^f00078].

• (2) The storage at the dock where it was unloaded of waste intended to be burned under sub-paragraph (1).

• (3) The total quantity of waste stored, or burned in any period of 24 hours, shall not exceed 15 tonnes.

• (4) The waste shall be burnt on a hardstanding within a secure location at the dock where it was unloaded.

48

For the purposes of this Schedule –

• a container, lagoon or place is “secure” in relation to waste kept in it if all reasonable precautions are taken to ensure that the waste cannot escape from it and members of the public are unable to gain access to the waste, and any reference to secure storage means storage in a secure container, lagoon or place;

• “inland waters” means the whole or any part of –any river, stream or other watercourse (within the meaning of the Water Order), whether natural or artificial and whether tidal or not;any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; andso much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition.

PART II — INFORMATION REQUIRED FOR THE REGISTRATION OF AN EXEMPTION

Paragraph number of exempt activity in Part I	Plans and documents required
8	In relation to the requirement of regulation 18 that the notification to the Department contains information on the place where the activity is carried on (including any requirement relating to the submission to the Department of a plan for such a place and a grid reference for that place), the following shall be submitted –the location, name and address and six figure Ordnance Survey Irish grid reference of the place where any waste is to be stored under paragraph 8(2) of Part I;the quantity of waste to be stored at any one time;the storage arrangements for the waste, including details of the construction and capacity of all tanks and their bunds; andinformation on the use to which the waste is to be put, including the type of vehicle, locomotive or vessel in which the engine referred to in paragraph 8(1) of Part I is located.
9	1The notice shall include the following particulars –aa description of the waste to be used, its physical form and the process from which it arose;ba description of where and how the waste will be stored pending its use;ca description of the land which is to be treated with the waste, including the farm survey number, client reference number and field number (if there is one) and area, the area available for treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months;dthe method and intended date of treatment, the quantities of waste to be used and the rate of application;edetails of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans;fthe location of any waterway within 15 metres of the land on which the waste is to be spread.
	2The notice shall be accompanied by the following documents –aan analysis of the wastes to be used and the soil which is to be treated with them;ban assessment of the risk of pollution caused by the use;ca certificate describing how the treatment will result in benefit to agriculture or ecological improvement,which shall be prepared by or be based upon advice from a person with appropriate technical or professional expertise.
	3Wastes shall be analysed in relation to the following parameters –apercentage dry solids content;bpH;cconductivity (mS);dtotal content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis;ebiochemical oxygen demand; andfin relation to the types of waste that are listed in the first column of Table 12 in Part III of this Schedule, the parameters ticked in the remaining columns of the Table.
10	The notice shall include the following particulars –the names, addresses and telephone numbers, and, if applicable, the fax numbers and e-mail addresses of the establishment or undertaking that is to store or spread the sludge and of the establishment or undertaking supplying the sludge;the quantity of sludge to be stored or spread and its origin;information on how the sludge has been treated and where it has been treated;the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used;the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 400 metres of the boundaries of that place;where sludge is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise.
11	1The notice shall include the following particulars –awhere less than 2,500 cubic metres of waste are to be spread in any one year, a description of the spreading, the type and quantity of waste to be spread and the location of the spreading;bwhere 2,500 or more cubic metres of waste are to be spread –ithe total quantity of waste to be spread;iithe type of waste to be spread, identified by reference to the descriptions in the second column of Table 4;iiithe name, address and telephone number of all the relevant landowners and the location of their land where the waste is to be spread or stored;iva plan of the spreading with cross-sections showing the proposed final levels of the land affected by the spreading;vthe intended start and completion date of the spreading and any related storage.2Where any of the wastes listed in Part II of Table 4 is to be spread, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise.
13	Where the total amount of compost at the site exceeds or will exceed 10 tonnes at any one time, the plan accompanying the notice referred to in regulation 18 shall show –the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of that place;the quantities and types of waste to be composted, and the expected duration of the composting;where containment is to be provided by composting in a vessel, in a sealed building or other similar arrangement to provide a contained and controlled composting environment, the method of containment.
19	The notice shall include the following particulars –where less than 2,500 cubic metres of waste are to be stored or used, a description of the use, the type and quantity of waste to be stored or used and the location of the spreading;where 2,500 or more cubic metres of waste are to be stored or used –the total quantity of waste to be stored or used;the type of waste to be stored or used, identified by reference to the descriptions in Table 8;the names, addresses, telephone numbers, and if applicable, the fax numbers and e-mail addresses of all owners of the land where the waste is to be stored or used;a plan containing at least one cross-section showing the proposed final levels of the land affected by the use of the waste;the intended start and completion date of the storage or use.
45	aThe notice shall include the location of any such secure containers as are mentioned in paragraph 45(2)(e) of Part I of Schedule 2bThe records required by regulation 19(3) and paragraph 14 of Part I of Schedule 3 shall be kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months.cThese records shall be sent annually to the Department with the notification required by regulation 17 and the fee referred to in regulation 18.

PART III — assessment of benefit to agriculture or ecological improvement

1

In assessing benefit to agriculture or ecological improvement for the purposes of paragraphs 9, 10, 11, 25 and 47A of Part I of this Schedule, regard shall be had to the following paragraphs of this Part.

2

Benefit to agriculture shall be assessed by reference to whether the spreading, treatment or deposit will result in an improvement of the soil for the purpose of growing crops or grazing, and the following criteria shall apply for the purposes of such assessment –

• (a) the addition of nitrogen, phosphorous and other plant nutrients in the waste material should take account of the soil nutrient status and other sources of nutrient supply and be matched to the needs of the planned crop rotation;

• (b) for exempt activities to which the Nutrient Action Programme Regulations (Northern Ireland) 2019 apply the exempt activity shall be carried out in accordance with those Regulations;

• (c) the addition of materials containing lime should take account of the neutralising value of the material, the pH of the soil and the target soil pH for the crop rotation;

• (d) the addition of organic matter which improves the capacity of the soil to hold water, or its porosity, stability, tilth and workability and is a benefit;

• (e) the spreading, treatment or deposit of watery wastes may be a benefit where the moisture of the soil is insufficient to support the growth of crops at the time of application, or where they contain nutrients which are applied at an appropriate rate;

• (f) the spreading, treatment or deposit of waste soil may be a benefit where it is done in order to level uneven land and thereby facilitate the use of the land for agriculture, but not where it is done solely in order to raise the level of the land.

3

Ecological improvement shall be assessed by reference to the extent to which wildlife habitats, which might otherwise deteriorate, are maintained or supported. The creation of a new habitat or the restoration of an old habitat shall be considered to be an improvement.

	Parameter	Parameter	Parameter	Parameter	Parameter	Parameter
Waste description and EWC Code (relating to Table 3)	Neutralising value	Micro-biology	Oils and fats	Potential toxic elements	Prescribed substances*	Carbon / nitrogen ratio
*substances listed in Schedule 6 to the 1998 Regulations.	*substances listed in Schedule 6 to the 1998 Regulations.	*substances listed in Schedule 6 to the 1998 Regulations.	*substances listed in Schedule 6 to the 1998 Regulations.	*substances listed in Schedule 6 to the 1998 Regulations.	*substances listed in Schedule 6 to the 1998 Regulations.	*substances listed in Schedule 6 to the 1998 Regulations.
Plant tissue waste 02 01 03		X		X	X	X
Soil from cleaning and washing beet 02 04 01		X		X	X	X
Off specification compost consisting only of biodegradable waste 19 05 03		X		X	X	X
Biodegradable waste 20 02 01		X		X	X	X
Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets 02 01 99		X		X	X
Sludges from on-site effluent treatment 02 02 04		X	X	X
Waste bark and cork 03 01 01		X		X	X
Sawdust shavings, cuttings, wood, particle board 03 01 05		X		X	X
Waste bark and wood 03 03 01		X		X	X
Soil and stones 17 05 04		X		X	X
Soil and stones (from gardens and parks including cemeteries) 20 02 02		X		X	X
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve productions; yeast and yeast extract productions; molasses preparation and fermentation 02 03 01 to 02 03 05	X		X
Wastes from sugar processing 02 04 01 to 02 04 03	X		X
Wastes from production of dairy products 02 05 01 to 02 05 02	X		X
Wastes from the baking and confectionary industry 02 06 01 to 02 06 03	X		X
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) 02 07 01 to 02 07 05	X		X
De-inking sludges and de-inked paper pulp from paper recycling 03 03 05 and 03 03 99	X			X	X	X
Lime mud waste 03 03 09	X			X	X
Wastes from calcination and hydration of lime 10 13 04	X			X	X
Sludges, in particular from on-site effluent treatment free of chromium 04 01 07			X	X	X
Organic matter from natural product (e.g. grease, wax) 04 02 10						X
Wastes from finishing other than those containing organic solvents 04 02 15						X
Sludges from on-site effluent treatment 04 02 20						X
Wastes from unprocessed textile fibres 04 02 21						X
Wastes from processed textile fibres 04 02 22						X
Dredging spoil 17 05 06				X	X
Liquor from anaerobic treatment of municipal waste 10 06 03				X	X
Digestate from anaerobic treatment of municipal waste 10 06 04				X	X
Liquor from anaerobic treatment of animal and vegetable waste 19 06 05				X	X
Digestate from anaerobic treatment of animal and vegetable waste 19 06 06				X	X
Sludges from water clarification 19 09 02	X	X		X	X

SCHEDULE 3 — WASTE FRAMEWORK DIRECTIVE

PART I — General

Interpretation of Schedule 3

1

In this Schedule, unless the context otherwise requires—

• “available techniques” means those developed on a scale which allows implementation in the relevant industrial sector under economically and technically viable conditions taking into consideration the costs and advantages whether or not those techniques are used or produced inside the United Kingdom as long as they reasonably accessible to the operator;

• “best” means the most effective in achieving a high general level of protection of the environment as a whole;

• “best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of the particular techniques for providing the emission limit values and other permit conditions designed to prevent and where that is not practicable to reduce emissions and the impact on the environment as a whole;

• “collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

• “competent authority” has the meaning given by paragraph 3;

• “development” and “development plan” has the same meaning as in the Planning (Development Plans) Regulations (Northern Ireland) 1991;

• “modify” includes vary, and cognate expressions shall be construed accordingly;

• “municipal waste” means—mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture; andmixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households,but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities.

• “permit” means a waste management licence under Article 6 of the 1997 Order, a disposal licence, an authorisation under the Industrial Pollution Control Order, a permit under the 2003 Regulations, a resolution, a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009 or a consent under the Water Order;

• “plan-making provisions” means paragraph 5 below, Articles 19 and 23 of the 1997 Order and Parts II and III of the Planning (Northern Ireland) Order 1991;

• “planning permission” has the same meaning as in Part I of the Planning (Northern Ireland) Order 1991;

• “preparing for re-use” means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing; and “preparation for re-use” shall be construed accordingly;

• “prevention” means measures taken before a substance, material or product has become waste, that reduce—the quantity of waste, including through the re-use of products or the extension of the life span of products;the adverse impacts of the generated waste on the environment and human health; orthe content of hazardous substances in materials and products;

• “recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

• “relevant objectives” has the same meaning given in paragraph 4;

• “re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

• “regional development strategy” means the regional development strategy referred to in Article 3 of the Strategic Planning (Northern Ireland) Order 1999;

• “specified action” means any of the following—determining—an application for planning permission; oran appeal made under Article 32 of the Planning (Northern Ireland) Order 1991 in respect of such an application;deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;deciding whether—in making or confirming a discontinuance order, to include in the order any grant of planning permission; orto confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,and, for the purposes of this sub-paragraph, “discontinuance order” means an order under Article 39 of the Planning (Northern Ireland) Order 1991;discharging functions under Part III of the Planning (Northern Ireland) Order 1991;

• “techniques” includes the technology used and the way in which the installation is designed , built, maintained, operated and decommissioned;

• “the Waste Hierarchy” means the priority order which shall apply to the prevention and management of waste as follows—prevention;preparing for re-use;recycling;other recovery, e.g. energy recovery; anddisposal;

• “waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operation and the after-care of disposal sites, and including actions taken as a broker or dealer;

• “Waste Management Groups” means arc21, SWaMP 2008 and the North West Region Waste Management Group.

Duties of competent authorities

2

• (1) Subject to the following provisions of this paragraph, a competent authority shall discharge their specified functions, in so far as they relate to the recovery or disposal of waste, with the relevant objectives.

• (2) Where the recovery or disposal of waste is or forms part of a prescribed process designated for local control under the Industrial Pollution Control Order, and requires either a waste management licence or is covered by an exemption conferred by regulation 17 and Part I of Schedule 2 to, these Regulations, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—

• (a) the Industrial Pollution Control Order so as to control pollution of the environment due to the release of substances into any environmental medium other than the air; or

• (b) Part II of the 1997 Order in order to control pollution of the environment due to the release of substances into the air resulting from the carrying on of the prescribed process.

• (3) In sub-paragraph (2), “prescribed process”, “designated for local control”, “pollution of the environment due to the release of substances into the air” and “pollution of the environment due to the release of substances into any environmental medium other than the air” have the meanings which they have in Article 2 of the Industrial Pollution Control Order.

• (4) In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B or a Part C installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—

• (a) the 2003 Regulations for any purpose other than preventing or, where that is not practicable, reducing emissions into the air;

• (b) Part II of the 1997 Order for the purpose of preventing or reducing emissions into the air.

• (5) In sub-paragraph (4), “Part B installation” and “Part C installation” have the meaning given by regulation 2(1) of the 2003 Regulations.

Meaning of “competent authority” etc.

3

• (1) For the purposes of this Schedule, “competent authority” means any of the persons or bodies listed in column (1) of Table 13 and, subject to sub-paragraph (2), in relation to a competent authority “specified function” means any function of that authority listed in column (2) of that Table opposite the entry for that authority.

Column 1	Column 2
Competent authorities	Specified functions
The Department	The taking of any specified action.Its functions under Part II of the 1997 Order in relation to waste management licences, including preparing the waste management plan or any modification of that plan under Article 19 of that Order and preparation of a waste prevention programme, or any modification of these, under Part 3 of the Waste Regulations (Northern Ireland) 2011.Its functions under Part II of the Food and Environment Protection Act 1985, or under paragraph 5 of this Schedule.Its functions under Part 4 of the Marine and Coastal Access Act 2009.Its function in relation to—consents under the Water Order (offences in relation to pollution of water resources) for any discharge of waste in liquid form other than waste waters;authorisations under regulation 22 (19) of the Groundwater Regulations (Northern Ireland) 2009 (discharge of a hazardous substance or non-hazardous pollutant);notices under regulation 25 of the Groundwater Regulations (Northern Ireland) 2009 (prevent or control the input of hazardous substance or non-hazardous pollutant);its functions under regulation 22 and Schedule 4 to these Regulations;its functions under this Schedule and paragraph 13 to these Regulations; andits functions under The Hazardous Waste Regulations (NI) 2005.
A district council	The preparation or modification of a plan under Article 23 of the 1997 Order.
An enforcing authority (within the meaning of regulation 2(2) of the 2003 Regulations)	Its functions in relation to permits under the 2003 Regulations except in relation to the carrying out of an exempt activity.
The Planning Appeals Commission	Its functions in relation to appeals under the 1997 Order and the 2003 Regulations.

• (2) In Table 13, references to functions do not include functions of making, revoking, amending, revising or re-enacting orders, regulations or schemes where those functions are required to be discharged by regulations.

Relevant objectives

4

• (1) The following objectives are the relevant objectives in relation to waste management—

• (a) to ensure that waste is managed without endangering human health, without harming the environment, and in particular—

• (i) without risk to water, air, soil, plants or animals;

• (ii) without causing a nuisance through noise or odours; and

• (iii) without adversely affecting the countryside or places of special interest;

• (b) to ensure that different types of waste are collected separately and are not mixed with other waste or other material with different properties where this is necessary to facilitate or improve recovery and where it is technically, environmentally and economically practicable, and

• (c) to implement, so far as practicable, any plan made under the plan-making provisions.

• (2) To apply the waste hierarchy in the following priority order Article 4 of the Directive in the manner set out in paragraph (3) is a relevant objective in relation to waste prevention, preparation for re-use and management—

• (a) prevention;

• (b) preparing for re-use;

• (c) recycling;

• (d) other recovery, including energy recovery;

• (e) disposal.

• (3) To apply the waste hierarchy in a way which delivers the best overall environmental outcome. The waste hierarchy may be departed from where this is justified by life-cycle thinking on the overall impact of the generation and management of such waste.

• (4) The following are relevant objectives in relation to the recovery and disposal of waste—

• (a) to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques;

• (b) to ensure that the network referred to at paragraph (a) enables—

• (i) the United Kingdom to move towards the aim of becoming self-sufficient in waste disposal and in the recovery of mixed municipal waste collected from households taking into account geographical circumstances or the need for specialised installations for certain type of wastes; and

• (ii) waste to be disposed of, and the mixed municipal waste collected from private households to be recovered, in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and human health.

• (5) The following further objectives are relevant objectives in relation to functions under the plan-making provisions—

• (a) to encourage firstly the prevention or reduction of waste production and its harmfulness, in particular by—

• (i) the development of clean technologies more sparing in their use of natural resources;

• (ii) the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and pollution hazards; and

• (iii) the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery; and

• (b) to encourage secondly—

• (i) the recovery of waste by means of preparing for re-use, recycling, or reclamation or any other process with a view to extracting secondary raw materials; and

• (ii) the use of waste as a source of energy.

Preparation of offshore waste management plan

5

• (1) Subject to sub-paragraph (2), it shall be the duty of the Department to prepare a statement (“the plan”) containing its policies in relation to the recovery or disposal of waste for the purposes of attaining the relevant objectives in those parts of United Kingdom waters and United Kingdom controlled waters for which the Department is the licensing authority.

• (2) The plan shall relate in particular to—

• (a) the type, quantity and origin of waste to be recovered or disposed of;

• (b) general technical requirements;

• (c) any special arrangements for particular wastes; and

• (d) suitable disposal sites or installations.

• (3) In exercising its offshore licensing functions the Department shall ensure—

• (a) the waste hierarchy is applied to the generation of waste;

• (b) waste generated by the disposal or recovery of waste is treated in accordance with the waste hierarchy;

• (c) waste management is carried out without endangering health, without harming the environment and in particular—

• (i) without risk to water, air, soil, plants or animals;

• (ii) without causing a nuisance through noise or odours; and

• (iii) without adversely affecting the countryside or places of interest;

• (d) waste management is carried out under licences granted for a specified period, which may be renewable;

• (e) where mixing of hazardous waste is allowed under a licence the adverse impact of the waste management is not increased and the mixing operation conforms to best available techniques;

• (f) where it considers that the intended method of treatment is unacceptable from the point of view of environmental protection, in particular where paragraph (c) is not complied with a licence shall be refused;

• (g) it is a condition of any permit issued under the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 covering incineration or co-incineration with energy recovery that the recovery of energy takes place with a high level of efficiency;

• (h) any establishment or undertaking intending to carry out waste treatment, producers of hazardous waste and establishments which collect or transport hazardous waste on a professional basis or act as dealers or brokers of hazardous waste keep a chronological record of—

• (i) the quantity, nature and origin of that waste and the quantity of products and materials resulting from preparing for re-use, recycling or recovery operations; and

• (ii) where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of waste;

• (i) the persons mentioned in paragraph (h) make that data available in such manner and form it may specify.

• (4) The Department shall make copies of the plan available to the public on payment of reasonable charges.

• (5) In this paragraph—

• (a) “offshore licensing functions” means functions under Part 2 of the Food and Environment Protection Act 1985 and functions under Part 4 of the Marine and Coastal Access Act 2009; and

• (b) “United Kingdom controlled waters” has the meaning given by section 24(1) of the Food and Environment Protection Act 1985.

Matters to be covered by permits

6

When the Department or a district council grants or modifies a permit, and the activities authorised by the permit include the treatment of waste, it shall ensure that the permit covers—

• (a) the types and quantities of waste to be treated;

• (b) for each type of operation permitted, the technical and any other requirements relevant to the site concerned;

• (c) the safety and precautionary measures to be taken;

• (d) the treatment site;

• (e) such monitoring and control operations as may be necessary;

• (f) such closure and after-care provisions as may be necessary; and

• (g) the treatment method to be used for each type of operation.

Modifications of provisions relating to development plans and regional development strategy

7

The Department for Regional Development shall have regard to waste hierarchy, protection of human health and the environment and principles of self-sufficiency and proximity in formulating a regional development strategy under Article 3 of the Strategic Planning (Northern Ireland) Order 1999.

Modifications of the Industrial Pollution Control (Northern Ireland) Order 1997

8

• (1) Subject to Article 28(1) of the Industrial Pollution Control Order, that Order shall have effect in relation to prescribed processes involving the disposal or recovery of waste with such modifications as are needed to allow an enforcing authority to exercise its functions under that Order for the purpose of achieving the relevant objectives.

• (2) Nothing in sub-paragraph (1) requires an enforcing authority in granting an authorisation in relation to such a process to take account of the relevant objectives insofar as they relate to the prevention of detriment to the amenities of the locality in which the process is (or is to be) carried on if planning permission, resulting from the taking of a specified action by an enforcing authority after 18th December 2003, is or, before the process is carried on, will be in force.

Modifications of Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997

9

• (1) Part II of the 1997 Order shall have effect subject to the following modifications.

• (2) In Articles 4(1) and 6 any reference to the deposit, treatment, keeping or disposal of controlled waste shall include a reference to any operation listed in Part II or III of this Schedule.

• (3) Article 4(2) shall be amended as follows—

• (a) for “Paragraph (1)” there shall be substituted “Paragraph (1)(a) or (b)”; and

• (b) at the end there shall be inserted the words “except in the case of the treatment, keeping or disposal of household waste by an establishment or undertaking”.

• (4) In Article 8(4), the reference to planning permission shall be taken to be a reference to planning permission resulting from the taking of a specified action by the Department.

• (5) In Article 30(1), any reference to the treatment, keeping or disposal of such waste as is referred to in that paragraph shall include a reference to submitting such waste to any of the operations listed in Part II or III of this Schedule.

• (6) In Article 30(2) any reference to the treatment, keeping or disposal of hazardous waste shall include a reference to submitting hazardous waste to any of the operations listed in Part II or III of this Schedule.

Modifications of Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978

10

Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978 shall have effect as if any reference in that Part to waste included a reference to “waste” as defined in the Waste and Contaminated Land (NI) Order 1997.

References to “waste” in planning and water legislation

11

In the Planning (Northern Ireland) Order 1991 and the Water Order, any reference to “waste” shall include a reference to Directive waste.

Registration by professional collectors and transporters of waste, and by dealers and brokers

12

• (1) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999; to collect or transport waste on a professional basis unless it is registered with the Department in accordance with the provisions of this paragraph.

• (2) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b) or (c)(i)-(v) of regulation 22(4) 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) 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 that operates within Northern Ireland shall register with the Department whether or not it has its place of business in Northern Ireland.

• (5) The Department 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 Department shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing from that establishment or undertaking.

• (8) A person guilty of an offence under sub-paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding the statutory maximum.

• (9) The Department shall—

• (a) secure that any register maintained by it under this paragraph is open to inspection by members of the public free of charge at all reasonable hours; and

• (b) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to carry out appropriate periodic inspections

13

• (1) Subject to sub-paragraphs (4) and (5), any establishment or undertaking

• (a) which carries out the recovery or disposal of controlled waste; or

• (b) which collects or transports controlled waste; or

• (c) which arranges for the recovery or disposal of controlled waste on behalf of others (dealers or brokers), ...

• (d) producers of hazardous waste , and

• (e) which handles end-of-life vehicles (whether or not such vehicles have been de-polluted).

shall be subject to appropriate periodic inspections by the competent authorities.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Article 44(1) and (2) of the 1997 Order (power to obtain information) shall have effect as if the provisions of this paragraph were provisions of Part II of that Order and as if, in those Articles, references to the Department or a district council were references to a competent authority.

• (4) Subject to sub-paragraph (4A) and (5), in the case of the exempt activities referred to in the first column of Table 14, the duty under sub-paragraph (1) shall be discharged by carrying out inspections set out in the second column of that table in respect of any place where the relevant exempted activity is carried on.

• (4A) In respect of establishments and undertakings carrying out exempt activities set out in paragraphs 49, 50 and 51, periodic inspections in accordance with sub-paragraph (1) shall verify the type and quantities of waste to be treated, the general technical requirements to be complied with and the safety precautions to be taken.

Relevant exempt activity[^f01000]	Inspections required
(1)numbered by reference to the corresponding paragraph of Part I of Schedule 2	(1)numbered by reference to the corresponding paragraph of Part I of Schedule 2
9, 10	An inspection shall be carried out at the time of treatment or, where that is not possible, not later than 4 weeks thereafter.
11, 13, 19, 45, 46	An initial inspection shall be carried out at the time when the exempt activity commences.Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.
47, 49, 50 and 51	An initial inspection shall be carried out within two months of the receipt by the Department of the notification under Regulation 18(7).Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.

Record keeping

14

• (1) Subject to any requirements to keep records under regulation 19 and sub-paragraph (2), an establishment or undertaking which carries out the disposal or recovery of controlled waste shall—

• (a) if the operation does not involve the treatment of hazardous waste—

• (i) keep a chronological record for a period of 2 years of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered; and

• (ii) make that information available, on request, to the competent authority.

• (b) if the operation involves the treatment of hazardous waste—

• (i) keep a chronological record for a period of 3 years of the quantity, nature, origin of the waste and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered;

• (ii) during that period, provide those records to the competent authority in such form and manner as the competent authority specifies; and

• (iii) make that information available, on request, to a previous holder; and for this purpose “holder”, in respect of any such waste, means the producer or the person in possession of it.

• (2) Where hazardous waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the relevant operation and, in the case of a disposal operation, of the after-care of the disposal site.

• (3) Subject to sub-paragraph (4), sub-paragraph (1) does not apply where the disposal or recovery of the waste is covered by an exemption, conferred by—

• (a) regulation 17(1) and Part I of Schedule 2;

• (b) Article 3 of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995; or

• (c) an exemption for a licence under Part 4 of the Marine and Coastal Access Act 2009.

• (4) Sub-paragraph (1) does apply to an activity subject to an exemption conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 45, 46, 47A or 49 of Part I of Schedule 2.

• (5) Subject to sub-paragraph (6), it shall be an offence for an establishment or undertaking to fail to comply with any of the foregoing provisions of this paragraph insofar as that provision imposes any requirement or obligation upon it.

• (6) Paragraph (2) of regulation 43 of the Hazardous Waste Regulations (Northern Ireland) 2005 (defence in cases of emergency, etc.) shall apply to a person charged with an offence under sub-paragraph (5) as it applies to a person charged with an offence under paragraph (1) of that regulation.

• (7) A person who, in purported compliance with a requirement to furnish any information imposed by or under any of the provisions of this paragraph, makes a statement which that person knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

• (8) A person who intentionally makes a false entry in any record required to be kept by virtue of any of the provisions of this paragraph commits an offence.

• (9) Regulation 43(6) of the Hazardous Waste Regulations (Northern Ireland) 2005 (Offence where act or default causes offence by another) shall apply to an offence under this paragraph as it applies to an offence under that regulation

• (10) Subject to sub-paragraph (11), a person guilty of an offence under this paragraph shall be liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction or indictment to a fine or to imprisonment for a term not exceeding two years or both.

• (11) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale if that offence is related to exempt activities conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 46, or 47A of Part I of Schedule 2.

PART II — WASTE DISPOSAL OPERATIONS

1

Deposit into or onto land (e.g. landfill, etc.) (D1).

2

Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.) (D2).

3

Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.) (D3).

4

Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or lagoons, etc.) (D4).

5

Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.) (D5).

6

Release into a water body except seas/oceans (D6).

7

Release into seas/oceans including seabed insertion (D7).

8

Biological treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 (D8).

9

Physico-chemical treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 (e.g. evaporation, drying, calcination, etc.) (D9).

10

Incineration on land (D10).

11

Incineration at sea (D11).

12

Permanent storage (e.g. emplacement of containers in a mine, etc.) (D12).

13

Blending or mixture prior to submission to any of the operations numbered D1 to D12 (D13).

14

Repackaging prior to submission to any of the operations numbered D1 to D13 (D14).

15

Storage pending any of the operations numbered D1 to D14 (excluding temporary storage, pending collection, on the site where it is produced) (D15).

PART III — WASTE RECOVERY OPERATIONS

1

Use principally as a fuel or other means to generate energy (R1).

2

Solvent reclamation/regeneration (R2).

3

Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes) (R3).

4

Recycling/reclamation of metals and metal compounds (R4).

5

Recycling/reclamation of other inorganic materials (R5).

6

Regeneration of acids or bases (R6).

7

Recovery of components used for pollution abatement (R7).

8

Recovery of components from catalysts (R8).

9

Oil re-refining, or other reuses of oil (R9).

10

Land treatment resulting in benefit to agriculture or ecological improvement (R10).

11

Use of wastes obtained from any of the operations numbered R1 to R10 (R11).

12

Exchange of wastes for submission to any of the operations numbered R1 to R11 (R12).

13

Storage of wastes pending any of the operations numbered R1 to R12 (excluding temporary storage, pending collection, on the site where it is produced) (R13).

SCHEDULE 4 — REGISTRATION OF BROKERS AND DEALERS OF CONTROLLED WASTE

Interpretation of Schedule 4

1

• (1) In this Schedule—

• “applicant” means a person who is applying for registration or for renewal of registration as a registered broker or dealer and “application” shall have like meaning;

• “broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

• “carrier” means a person registered as a carrier of controlled waste under Regulation 6 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999;

• “date of expiry”, in relation to a broker’s or dealer’s registration—in a case to which sub-paragraph (2) or (3) of paragraph 7 applies, has the meaning given by that sub-paragraph; andin any other case means the date on which the period of three years mentioned in paragraph 7(1) expires;

• “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

• “notice” means notice in writing;

• “register” means the register of registered brokers or dealers to be maintained by the Department under paragraph 2;

• “registered broker” means a person registered as a broker under regulation 22 and this Schedule;

• “registered dealer” means a person registered as a dealer under regulation 22 and this schedule;

• “relevant offence” means an offence under any of the enactments listed in regulation 2;

• “relevant period” means two months or, except in the case of an application for the renewal of that registration by a person who is already registered, such longer period as may be agreed between the applicant and the Department;

• “relevant person” means—any person who has been convicted of a relevant offence committed by that person in the course of that person’s employment by the applicant or registered broker or dealer or in the course of the carrying on of any business by a partnership one of the members of which was the applicant or registered broker or dealer;a body corporate which has been convicted of a relevant offence committed at a time when the applicant or registered broker or dealer was a director, manager, secretary or other similar officer of that body corporate; orwhere the applicant or registered broker or dealer is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate and who—has been convicted of a relevant offence; orwas a director, manager, secretary or other similar officer of another body corporate at a time when the relevant offence for which that body corporate has been convicted was committed.

• (2) For the purposes of this Schedule, an application for registration or for the renewal of a registration as a broker of or dealer in controlled waste shall be treated as pending—

• (a) whilst it is being considered by the Department; or

• (b) if it has been refused or the relevant period from the making of the application has expired without the applicant having been registered, whilst either—

• (i) the period for appealing in relation to that application has not expired; or

• (ii) the application is the subject of an appeal which has not been disposed of.

• (3) For the purposes of this Schedule, an appeal is disposed of when any of the following occurs—

• (a) the appeal is withdrawn; or

• (b) a determination is issued to the Department by the Planning Appeals Commission in respect of the appeal.

Registers

2

• (1) It shall be the duty of the Department to establish and maintain a register of brokers and dealers and—

• (a) to secure that the register is open for inspection by members of the public free of charge at all reasonable hours; and

• (b) to afford to members of the public reasonable facilities for obtaining copies of entries in the register on payment of reasonable charges.

• (2) The register may be kept in any form.

Applications for registration

3

• (1) An application for registration as a broker of or dealer shall be made to the Department.

• (2) Subject to sub-paragraphs (3) to (5),a person shall not make an application for registration or for the renewal of a registration whilst—

• (a) a previous application made by that person is pending; or

• (b) that person is registered.

• (3) Sub-paragraph (2) shall not prevent a person from applying for the renewal of a registration where that person’s application is made within the period of six months specified in paragraph 7(5).

• (4) An application for registration or for the renewal of a registration in respect of a business which is or is to be carried on by a partnership shall be made by all of the partners or prospective partners.

• (5) A prospective partner in a business carried on by a partnership whose members are already registered with the Department may make an application to the Department for registration as a partner in that business.

• (6) An application for registration or for the renewal of a registration shall be made to the Department on a form provided by it for that purpose, and shall be accompanied by such information as the Department reasonably requires.

• (7) Where an applicant wishes to apply to be registered both as a carrier and as a broker of or dealer in controlled waste, they may make a combined application on a form provided by the Department for that purpose.

• (8) Where an applicant who wishes to apply both for the renewal of their registration as a carrier of controlled waste and for the renewal of their registration as a broker of or dealer in controlled waste, they may make a combined application on a form provided by the Department for that purpose.

• (9) The Department shall provide a copy of the appropriate application form free of charge to any person requesting one.

• (10) The Department shall charge an applicant in respect of its consideration of his application—

• (a) subject to sub-paragraph (c), in the case of either an application for registration as a broker or dealer or a combined application for registration as both a carrier and broker or dealer, £191;

• (b) in the case of either an application for the renewal of a registration as a broker or dealer or a combined application for renewal of registration both as a carrier and as a broker or dealer, £96;

• (c) in the case of an application by a registered carrier for registration as a broker or dealer, £49,

and the applicant shall pay the charge upon making the application.

• (11) The Department shall, on receipt of an application for registration or for the renewal of a registration, ensure that the register contains a copy of the application.

• (12) The Department may refuse an application for registration or for the renewal of registration if—

• (a) there has, in relation to that application, been a contravention of any of the requirements of the preceding provisions of this paragraph; or

• (b) the applicant or another relevant person has been convicted of a relevant offence and, in the opinion of the Department, it is undesirable for the applicant to be authorised to arrange for the disposal or recovery of controlled waste on behalf of other persons, or to purchase and sell controlled waste registered as a broker or dealer; or

• (c) in the opinion of the Department it is otherwise undesirable for the applicant to be registered as a broker or dealer.

• (13) Where the Department decides to refuse an application for registration or for the renewal of a registration, it shall inform the applicant in writing that the application is refused and shall give the applicant the reasons for its decision.

• (14) If an appeal is made under and in accordance with paragraph 6, the Department shall, as soon as reasonably practicable, make appropriate entries in the register indicating when the appeal was made and the result of the appeal.

• (15) If no such appeal is made, the Department shall, as soon as reasonably practicable, make an appropriate entry in the register indicating that the application has been refused and that no appeal has been made.

• (16) The Department may remove from the register—

• (a) a copy of an application entered on the register under sub-paragraph (11); or

• (b) an entry made under sub-paragraph (14) or (15),

at any time more than six years after the entry in question was put on the register.

• (17) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall—

• (a) issue to the applicant a certificate of registration free of charge; and

• (b) provide the applicant free of charge with a copy of the entry in the register.

Registration as a broker and amendment of entries

4

• (1) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall make an entry in its register—

• (a) showing that person as a registered broker of or dealer in controlled waste and allocating that person a registration number (which may include any letter);

• (b) specifying the date on which the registration takes effect and its date of expiry;

• (c) stating any business name of the applicant and the address of the applicant’s principal place of business (together with any telephone, telex or fax number and email address of the applicant) and, in the case of an individual, the applicant’s date of birth;

• (d) in the case of a body corporate, listing the names of each director, manager, secretary or other similar officer of that body and their respective dates of birth;

• (e) in the case of a company registered under the Companies Orders, specifying its registered number and, in the case of a company incorporated outside Northern Ireland, the country in which it was incorporated and its registration number there (if any);

• (f) in a case where the person who is registered or another relevant person has been convicted of a relevant offence, giving the person’s name, details of the offence, the date of conviction, the penalty imposed, the name of the Court and, in the case of an individual, the person’s date of birth; and

• (g) in a case where the person who is registered, or any company in the same group of companies as that person, is the holder of a waste management licence, stating the name of the holder of the licence.

• (2) In the case of a business which is being, or is to be carried on by a partnership, all the partners shall be registered under one entry and only one registration number shall be allocated to the partnership.

• (3) On making an entry in its register under sub-paragraph (1) the Department shall provide the registered person or partnership free of charge with a copy of the entry in the register.

• (4) On deciding to renew any registration or on the issue to the Department by the Planning Appeals Commission of any determination under paragraph 6(9) in respect of such an application, the Department shall amend the relevant entry in the register—

• (a) to show the date on which the renewal takes effect and the revised date of expiry of the registration;

• (b) to record any other change required as a result of the application or the appeal; and

• (c) to note in the register the date on which the amendments are made.

• (5) The Department shall, at the same time as amending the register under sub-paragraph (4), provide the registered person or partnership free of charge with a copy of the amended entry in the register.

• (6) A person who is registered shall notify the Department of any change of circumstances affecting information in the register relating to that person.

• (7) On—

• (a) being notified of any chance of circumstances in accordance with sub-paragraph (6);

• (b) deciding to register a new partner in a registered partnership on an application by such person for registration in the entry in the register relating to that partnership; or

• (c) the issue by the Planning Appeals Commission of a determination under paragraph 6(9) allowing an appeal for the registration of such new partner,

the Department shall—

• (i) amend the relevant entry to reflect the change of circumstances or the registration of the new partner;

• (ii) note in the register the date on which the amendment is made;

• (iii) provide the registered person or partnership free of charge with a copy of the amended entry in the register.

• (8) In this paragraph—

• “Companies Orders” has the meaning given by Article 2 of the Companies (Northern Ireland) Order 1986;

• “business name” means a name under which a person carries on business and by virtue of which Article 2(3) of the Business Names (Northern Ireland) Order 1986 applies; and

• “group” has the meaning given by Article 55(1) of the Companies (Northern Ireland) Order 1990.

Revocation of registration

5

• (1) The Department may revoke a person’s registration as a broker of or dealer in controlled waste if,—

• (a) that person or another relevant person has been convicted of a relevant offence; and

• (b) in the opinion of the Department, it is otherwise undesirable for the registered broker or dealer to continue to be a registered broker or dealer; or

• (c) in the opinion of the Department it is otherwise undesirable for the registered broker or dealer to continue to be a registered broker or dealer.

• (2) Where the Department decides to revoke a person’s registration as a broker of or dealer in controlled waste, it shall give written notice to the broker or dealer informing that person of the revocation and the reasons for its decision.

Appeals

6

• (1) Where a person has applied to the Department to be registered as a broker of or dealer in controlled waste in accordance with paragraph 3, that person may appeal to the Planning Appeals Commission if—

• (a) the application is refused; or

• (b) the relevant period from the making of the application has expired without the applicant having been registered.

• (2) A person whose registration as a broker of or dealer in controlled waste has been revoked may appeal against the revocation to the Planning Appeals Commission.

• (3) Notice of an appeal to the Planning Appeals Commission under sub-paragraph (1) or (2) shall be given by the appellant to the Planning Appeals Commission within the period specified in sub-paragraph (7).