The Waste Management Licensing Regulations 1994

• (2) Where a registered carrier of controlled waste is registered as a broker of controlled waste otherwise than by way of renewal of an existing registration as a broker, and his registration as a carrier will expire within three years of the date of his registration as a broker, if at the time of making his application for registration as a broker he so requests, his registration as a broker shall expire on the same date as his registration as a carrier.

• (3) Where a registered broker of controlled waste is registered as a carrier of controlled waste otherwise than by way of renewal of an existing registration as a carrier, and his registration as a broker will expire within three years of the date of his registration as a carrier, if on the next application for renewal of his registration as a broker which he makes after having been registered as a carrier he so requests, his renewed registration as a broker shall expire on the same date as his registration as a carrier.

• (4) Registration as a registered broker shall cease to have effect if the registered broker gives notice requiring the removal of his name from the register.

• (5) The waste regulation authority shall, no later than six months before the date of expiry of a broker’s registration, serve on a registered broker—

• (a) a notice informing him of the date of expiry and of the effect of sub-paragraph (6) below; and

• (b) an application form for the renewal of his registration and a copy of his current entry in the register.

• (6) Where an application for the renewal of a registration is made within the last six months prior to its date of expiry, the registration shall, notwithstanding the passing of the expiry date, continue in force—

• (a) until the application is withdrawn or accepted; or

• (b) if the waste regulation authority refuse the application or the relevant period from the making of the application has expired without the applicant having been registered, until—

• (i) the expiry of the period for appealing; or

• (ii) where the applicant indicates within that period that he does not intend to make or continue with an appeal, the date on which such an indication is given.

• (7) Where a waste regulation authority revokes a broker’s registration, the registration shall, notwithstanding the revocation, continue in force until—

• (a) the expiry of the period for appealing against the revocation; or

• (b) where that person indicates within that period that he does not intend to make or continue with an appeal, the date on which such an indication is given.

• (8) Where an appeal is made under and in accordance with the provisions of paragraph 6—

• (a) by a person whose appeal is in respect of such an application for the renewal of his registration as was made, in accordance with paragraph 3, at a time when he was already registered; or

• (b) by a person whose registration has been revoked,

that registration shall continue in force after its date of expiry or, as the case may be, notwithstanding the revocation, until the appeal is disposed of.

• (9) A registration in respect of a business which is carried on by a partnership shall cease to have effect if any of the partners ceases to be registered or if any person who is not registered becomes a partner.

• (10) The duration of a registration in respect of a business which is carried on by a partnership shall not be affected if a person ceases to be a partner or if a prospective partner is registered under paragraph 4(7) in relation to the partnership.

• (11) Where a waste regulation authority accepts an application for the renewal of a broker’s registration before the expiry date, the renewal shall for the purposes of this Schedule take effect from the expiry date.

Cessation of registration

8

Where by virtue of paragraph 6(11) or 7 a registration ceases to have effect, the waste regulation authority—

• (a) shall record this fact in the appropriate entry in its register and the date on which it occurred;

• (b) may remove the appropriate entry from its register at any time more than six years after the registration ceases to have effect.

PART II

FORM OF APPLICATION FOR REGISTRATION AS A BROKER OF CONTROLLED WASTE

PART III

FORM OF APPLICATION FOR RENEWAL OF REGISTRATION AS A BROKER OF CONTROLLED WASTE

Signed

John Selwyn Gummer — Secretary of State for the Environment — 31st March 1994

John Redwood — Secretary of State for Wales — 12th April 1994

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 29th March 1994

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.

Footnotes

[^f00001]: S.I. 1989/2393 and 1992/2870.

[^f00002]: 1972 c. 68.

[^f00003]: 1974 c. 40.

[^f00004]: See the definition of “prescribed”.

[^f00005]: 1989 c. 14.

[^f00006]: 1990 c. 43.

[^f00007]: S.I. 1991/472, amended by S.I. 1991/836, 1992/614, 1993/1749, 2405.

[^f00008]: OJ No. L 194, 25.7.1975, p. 39.

[^f00009]: OJ No. L 078, 26.3.1991, p. 32.

[^f00010]: OJ No.L 377, 31.12.1991, p. 48.

[^f00011]: 1974 c. 40; section 30(2A) to (2D) is inserted by paragraph 11(b) of Schedule 2 to the Waste Regulation and Disposal (Authorities) Order 1985 (S.I. 1985/1884).

[^f00012]: 1991 c. 57.

[^f00013]: 1974 c. 40; section 30A is inserted by paragraph 4 of Schedule 23 to the Water Act 1989 (c. 15).

[^f00014]: 1990 c. 8.

[^f00015]: 1972 c. 52.

[^f00016]: 1964 c. 69.

[^f00017]: S.I. 1980/1709, to which there are amendments not relevant to these Regulations.

[^f00018]: 1982 c. 45.

[^f00019]: 1897 c. 38.

[^f00020]: 1936 c. 49.

[^f00021]: 1974 c. 40; sections 31(1), 32(1) and 34(5) are substituted by paragraph 4 of Schedule 23 to the Water Act 1989 (c. 15).

[^f00022]: 1978 c. 3.

[^f00023]: 1985 c. 48.

[^f00024]: S.I. 1988/1562.

[^f00025]: S.I. 1988/2292.

[^f00026]: 1989 c. 15.

[^f00027]: 1993 c. 11.

[^f00028]: 1978 c. 3; section 1(1) is prospectively repealed by section 1(8), section 1(3) and (4) is modified for certain purposes by paragraph 14(1), and section 1(7) is amended by paragraph 14(4), of Schedule 2 to the Waste Regulation and Disposal (Authorities) Order 1985 (S.I. 1985/1884) (paragraph 14(1) of that Order is amended by article 5 of the Local Government Reorganisation (Miscellaneous Provision) (No. 5) Order 1986 (S.I. 1986/564)).

[^f00029]: S.I. 1992/588, to which there are amendments not relevant to the definition of clinical waste.

[^f00030]: Section 43(2) is applied by section 66(6) to appeals under section 66(5).

[^f00031]: S.I. 1980/1709, to which there are amendments not relevant to these Regulations.

[^f00032]: 1974 c. 37; see section 52(1) for the meaning of “at work”.

[^f00033]: OJ No. L 084, 31.3.1978, p. 43, as amended by Council Directive 91/692/EEC (OJ No. L 377, 31.12.1991, p. 48).

[^f00034]: OJ No. L 020, 26.1.80, p. 43.

[^f00035]: 1974 c. 40.

[^f00036]: 1991 c. 57.

[^f00037]: 1974 c. 40.

[^f00038]: 1985 c. 48; Part II is amended by sections 146 and 147 of, and Part VIII of Schedule 16 to, the 1990 Act.

[^f00039]: S.I. 1973/1936; see article 2(1) for the definition of “issuing authority”.

[^f00040]: S.I. 1992/3303.

[^f00041]: 1974 c. 3.

[^f00042]: 1980 c. 13.

[^f00043]: 1981 c. 22.

[^f00044]: OJ No. L 194, 25.7.1975, p. 39; as amended by Council Directives 91/156/EEC (OJ No. L 078, 26.3.1991, p. 32) and 91/692/EEC (OJ No. L377, 31.12.1991, p. 48).

[^f00045]: 1991 c. 57.

[^f00046]: 1974 c. 40.

[^f00047]: S.I. 1985/1699.

[^f00048]: 1985 c. 51.

[^f00049]: 1973 c. 65; section 83(2D) is added by section 3(3) of the Local Government Act 1986 (c. 10).

[^f00050]: S.I. 1985/1699.

[^f00051]: S.I. 1988/819, amended by S.I. 1989/1968.

[^f00052]: S.I. 1991/1624.

[^f00053]: 1974 c. 3.

[^f00054]: 1980 c. 13.

[^f00055]: 1985 c. 6.

[^f00056]: S.I. 1992/588, amended by S.I. 1993/566.

[^f00057]: 1987 c. 47.

[^f00058]: 1992 c. 14.

[^f00059]: S.I. 1992/3303.

[^f00060]: 1974 c. 40.

[^f00061]: 1982 c. 43.

[^f00062]: S.I. 1980/1709; to which there are amendments not relevant to these Regulations.

[^f00063]: See the definition of “relevant person” in section 74(7) of the 1990 Act.

[^f00064]: 1947 c. 48; see section 109(3).

[^f00065]: 1948 c. 45; see section 86(3).

[^f00066]: 1991 c. 59.

[^f00067]: S.I. 1989/1263, amended by S.I. 1990/880.

[^f00068]: See regulation 2(1) of the 1989 Regulations.

[^f00069]: S.I. 1973/1936.

[^f00070]: S.I. 1992/3303.

[^f00071]: For the definition of “internal drainage board” see paragraph 7(9) above.

[^f00074]: S.I. 1988/2293.

[^f00075]: S.I. 1984/862.

[^f00076]: S.I. 1987/37.

[^f00077]: 1993 c. 12.

[^f00078]: 1968 c. 47.

[^f00079]: 1974 c. 40.

[^f00080]: 1991 c. 56.

[^f00081]: 1991 c. 57.

[^f00082]: 1974 c. 40; “disposal licence” has the meaning given by section 3(1).

[^f00083]: 1990 c. 8; see section 336(1).

[^f00084]: 1972 c. 52; see section 275(1).

[^f00085]: 1985 c. 48.

[^f00086]: 1991 c. 57.

[^f00087]: 1973 c. 65; section 172(3) is amended by paragraph 22 of Schedule 3 to the Local Government and Planning (Scotland) Act 1982 (c. 43).

[^f00088]: 1972 c. 52.

[^f00089]: 1951 c. 66; section 17 is amended by paragraph 5 of Schedule 16 to the Local Government (Scotland) Act 1973 (c. 65), paragraph 13 of Schedule 3 to the Control of Pollution Act 1974 (c. 40) and paragraph 1 of Schedule 10 to the Natural Heritage (Scotland) Act 1991 (c. 28).

[^f00090]: 1990 c. 8; section 78 is amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34).

[^f00091]: Section 33 is amended by section 172(2) of the Local Government (Scotland) Act 1973 (c. 65), by paragraph 11 of Schedule 2 to the Local Government and Planning (Scotland) Act 1982 (c. 43), by paragraphs 55 and 56 of Schedule 11 to the Housing and Planning Act 1986 (c. 63) and by paragraph 11 of Schedule 13 to the Planning and Compensation Act 1991 (c. 34).

[^f00092]: Section 177(1)(a) is substituted by paragraph 24(1)(a) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00093]: Section 196(5) is repealed by paragraph 33(e) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), but that repeal does not apply to appeals arising out of applications made under section 192(1) (as originally enacted) before 27th July 1992.

[^f00094]: 1990 c. 9.

[^f00095]: Section 85(5) is amended by paragraph 20(c) of Schedule 2 to the Local Government and Planning (Scotland) Act 1982 (c. 43); extended by section 3(9) of the Town and Country Planning Act 1984 (c. 10); and amended by paragraph 20(c) of Schedule 13, and Part IV of Schedule 19, to the Planning and Compensation Act 1991 (c. 34).

[^f00096]: Section 91(3) is amended by section 172(2) of the Local Government (Scotland) Act 1973 (c. 65) and by Schedule 4 to the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23); section 91(3) is repealed by paragraph 26 of Schedule 13, and Part IV of Schedule 19, to the Planning and Compensation Act 1991 (c. 34), but that repeal does not apply to appeals arising out of applications made under section 90(2) before 25th September 1992.

[^f00097]: Section 90(2A) is inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

[^f00098]: Section 37(1) is amended by Part I of Schedule 4 to the Local Government and Planning (Scotland) Act 1982 (c. 43) and extended by paragraph 2(1)(xxv) of Schedule 7 to the Gas Act 1986 (c. 44).

[^f00099]: 1989 c. 29; paragraph 7 of Schedule 8 is repealed in England and Wales by Part II of Schedule 1 to the Planning (Consequential Provisions) Act 1990 (c. 11), and repealed (in part) in Scotland by Part III of that Schedule.

[^f00100]: Section 102 is amended by paragraph 6 of Schedule 1, and paragraph 21 of Schedule 7, to the Planning and Compensation Act 1991 (c. 34).

[^f00101]: Paragraph 1 of Schedule 9 is amended by paragraph 15 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

[^f00102]: Section 49 is amended by section 172(2) of the Local Government (Scotland) Act 1973 (c. 65), section 26 of the Town and Country Planning (Minerals) Act 1981 (c. 36), and paragraph 5 of Schedule 8, and paragraph 16 of Schedule 13, to the Planning and Compensation Act 1991 (c. 34).

[^f00103]: Section 260 is amended by section 172(2) of, paragraph 31 of Schedule 23, paragraph 48 of Schedule 25 and Schedule 29 to the Local Government (Scotland) Act 1973 (c. 65), by Schedule 4 of the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), by paragraph 10 of Schedule 2 to the Town and Country Planning (Minerals) Act 1981 (c. 36) and by paragraph 51 of Schedule 11 to the Housing and Planning Act 1986 (c. 63).

[^f00104]: See section 2(4) for the meaning of “designated for local control”, and section 1 for the meaning of the other phrases.

[^f00105]: 1985 c. 48; the definition of “United Kingdom controlled waters” is inserted by section 146(7) of the 1990 Act.34

[^f00106]: 1990 c. 8; sections 12(3A), 31(3) and 36(3) are substituted by paragraphs 2(1), 16 and 17 respectively of Schedule 4 to the Planning and Compensation Act 1991 (c. 34).

[^f00107]: 1972 c. 52; sections 5(3)(a) and 9(3)(a) are amended by paragraphs 3 and 4 of Schedule 13 to the Planning and Compensation Act 1991 (c. 34).

[^f00108]: Section 36(5) is inserted by paragraph 17 of Schedule 4 to the Planning and Compensation Act 1991 (c. 34).

[^f00109]: Section 38 is inserted by paragraph 17 of Schedule 4 to the Planning and Compensation Act 1991 (c. 34).

[^f00110]: See section 29.

[^f00111]: S.I.1991/1624; regulation 2(1)(c) is amended by regulation 24(2) of these Regulations.

[^f00112]: 1989 c. 14.

[^f00113]: S.I. 1985/1699.

[^f00114]: S.I. 1991/1624; regulation 2(2) is amended by regulation 10 of the Controlled Waste Regulations 1992 (S.I. 1992/588).

[^f00115]: 1985 c. 6.

[^f00116]: 1985 c. 7.

[^f00117]: 1989 c. 40.