The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

Regulation 2(1) and (2) requires the transferor and the transferee to complete and sign a transfer note at the same time as the written description of the waste is transferred. The transfer note must identify the waste in question and state its quantity, how it is stored, the time and place of transfer, the name and address of the transferor and the transferee, whether the transferor is the producer or importer of the waste, which (if any) authorised transport purpose applies, in which category of person the transferor and the transferee are and certain additional information. Regulation 2(3) disapplies regulation 2(1) and (2) where special waste (within the meaning of the Special Waste Regulations (Northern Ireland) 1998) is transferred and a consignment note and (where appropriate) the schedule are completed and dealt with in accordance with those Regulations.

Regulation 3 requires the transferor and the transferee to keep the written description of the waste and the transfer note or copies of them for two years from the transfer.

Regulation 4 imposes a duty on a person who is under a duty to keep any document by virtue of regulation 3, to furnish a copy of that document to the Department if he is required by notice to do so by the Department. The document must be furnished to the Department within the period specified in the notice (not being less than 7 days).

Regulation 5 amends the Controlled Waste Regulations (Northern Ireland) 2002 to bring certain wastes within the scope of the duty of care.

Copies of the Commission Decisions referred to in these Regulations can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast, BT1 4GD.