SCHEDULE 4REGISTRATION OF BROKERS 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 and “application” shall have like meaning;

“broker” means a person arranging (as dealer or broker) for the disposal or recovery of controlled waste on behalf of others;

“carrier” means a person registered as a carrier of controlled waste under the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 199985;

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

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

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

“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 his registration by a person who is already registered, such longer period as may be agreed between the applicant and the Department; and

“relevant person” means –

(a)

any person who has been convicted of a relevant offence committed by him in the course of his employment by the applicant or, as the case may be, the registered broker or in the course of the carrying on of any business by a partnership one of the members of which was the applicant or, as the case may be, the registered broker;

(b)

a body corporate which has been convicted of a relevant offence if such relevant offence was committed when the applicant, or as the case may be, the registered broker was a director, manager, secretary or other similar officer of that body corporate; or

(c)

where the applicant or, as the case may be, the registered broker is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate and who –

  1. (i)

    has been convicted of a relevant offence; or

  2. (ii)

    was a director, manager, secretary or other similar officer of another body corporate at a time when the relevant offence for which that other 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 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.