The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2020

Made: 23rd June 2020

Coming into operation: 15th July 2020

The Department of Agriculture, Environment and Rural Affairs, being a Department designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and in relation to measures relating to the environment, makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act and by Articles 39(2) and (3) of the Waste and Contaminated Land (Northern Ireland) Order 1997[^f00003].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2020 and shall come into operation on 15th July 2020.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00004]applies to these Regulations as it applies to an Act of the Assembly.

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

2

• (1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[^f00005] are amended in accordance with paragraph (2)—

• (2) In regulation 4 (applications for registration)—

• (a) In paragraph (8)(a) for “£149” substitute “£152”;

• (b) In paragraph (8)(b) for “£75” substitute “£76”; and

• (c) In paragraph (8)(c) for “£34” substitute “£39”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

3

• (1) The Waste Management Licensing Regulations (Northern Ireland) 2003[^f00006] are amended in accordance with paragraphs (2) and (3)—

• (2) In regulation 18 (registration in connection with exempt activities)—

• (a) In paragraph (12)(a) for “£909” substitute “£926”;

• (b) In paragraph (12)(b) for “£659” substitute “£671”; and

• (c) In paragraph (12)(c) for “£659” substitute “£671”.

• (3) In Schedule 4 (registration of brokers and dealers of controlled waste)—

• (a) In paragraph 3(10)(a) for “£149” substitute “£152”;

• (b) In paragraph 3(10)(b) for “£75” substitute “£76”; and

• (c) In paragraph 3(10)(c) for “£38” substitute “£39”.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 23rd June 2020

Owen Lyttle — A senior officer of the — Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Department of Agriculture, Environment and Rural Affairs publishes a charging scheme to ensure that, as far as practicable, fees and charges payable for waste management licences under the Waste and Contaminated Land (Northern Ireland) Order 1997 (the “1997 Order”) are sufficient to recover the costs for the Department in exercising its functions under the 1997 Order. However, fees for processing applications to register an undertaking carrying on an exempt activity and charges for processing applications for registration as carriers, brokers, or dealers in controlled waste are required to be set out in legislation. The purpose of these Regulations is to increase those fees and charges. Details of the increased fees will also be included in the charging scheme which sets out the fees and charges payable in respect to waste management licences.

These Regulations amend regulation 4 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999, which sets out the process concerning applications for registration as a carrier of controlled waste, including the associated fees.

Also amended is regulation 18(12) of the Waste Management Licensing Regulations (Northern Ireland) 2003, which sets out fees in relation to registration of an undertaking or establishment carrying out activities exempted from the requirement to obtain a full waste management licence; and paragraph 3(10) of Schedule 4 to the Waste Management Licensing Regulations (Northern Ireland) 2003, which sets out fees in relation to the registration of brokers of and dealers in controlled waste.

Footnotes

[^f00001]: S.I. 1992/2870 and S.I. 2008 No. 301

[^f00002]: 1972 c.68

[^f00003]: S.I. 1997/2778 (N.I. 19) the relevant amendment S.I. 2007/611 (N.I. 3)

[^f00004]: 1954 c. 33 (N.I.)

[^f00005]: S.R. 1999 No. 362 the relevant amendments are S.R. 2003 No. 493, S.R. 2010 No. 84, S.R. 2011 No. 127, S.R. 2012 No. 112, S.R. 2013 No. 248, S.R. 2015 No. 21, S.R. 2016 No. 401, S.R. 2017 No. 221, S.R. 2018 No. 91 and S.R. 2019 No. 83

[^f00006]: S.R. 2003 No. 493 the relevant amendments are S.R. 2006 No. 519, S.R. 2010 No. 84, S.R. 2011 No. 232, S.R. 2012 No. 112, S.R. 2013 No. 248, S.R. 2015 No. 21, S.R. 2016 No. 401, S.R. 2017 No. 221, S.R. 2018 No. 91 and S.R. 2019 No. 83