Transport of waste

Registration requirements and conditionsI114

1

Article 39 of the 1997 Order (power to make regulations about registration of carriers) is amended as follows.

2

In paragraph (2)—

a

in sub-paragraph (c), omit “free of charge”;

b

omit sub-paragraph (d);

c

in sub-paragraph (e), omit “free of charge”.

3

In paragraph (3), omit sub-paragraph (a) (provision as to form of applications).

4

In paragraph (4)—

a

for “paragraph (3)(a) and (c)” substitute “ paragraph (3)(c) ”; and

b

omit sub-paragraph (a) (further provision as to form of application).

5

After paragraph (5) insert—

5A

Regulations under this Article may include provision for—

a

the registration of a person as a carrier of controlled waste to be subject to conditions relating to the vehicles used by him in transporting such waste; or

b

the revocation by the Department of the registration of a carrier of controlled waste who has breached a condition imposed on him under sub-paragraph (a).

5B

Provision contained in any regulations under this Article by virtue of paragraph (5A) may, in particular, include provision—

a

for inspection by the Department of the vehicles of registered carriers of controlled waste for the purpose of ensuring compliance with conditions imposed under paragraph (5A)(a);

b

for the Department to impose charges on registered carriers of controlled waste in respect of such inspections.

6

In paragraph (6), for “to (5)” substitute “ to (5B) ”.

7

In Article 40 of the 1997 Order (restrictions on power under Article 39), in paragraph (2), after “except” insert “ in accordance with regulations under paragraph (5A) of that Article or ”.