The Controlled Waste (Duty of Care) (Amendment) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

Article 5(1) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the 1997 Order”) imposes a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste. The duty includes a requirement for such persons, on the transfer of the waste, to ensure that the transfer is only to an authorised person (as specified in Article 5(3) of the 1997 Order) or to a person for authorised transport purposes (as specified in Article 5(5) of the 1997 Order) and that a written description of the waste is also transferred. Regulation 2 of the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 (“the 2002 Regulations”) 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.

Regulation 2 of these Regulations amends the 2002 Regulations so as to provide that the transfer note identifies the waste to which it relates by reference to the appropriate codes in the European Waste Catalogue list of wastes set out in Commission Decision 2000/532/EC as for the time being amended. Regulation 2 also makes an amendment consequential on the amendment made by regulation 3 of these Regulations.

Regulation 3 of these Regulations amends the 1997 Order by adding to the list of authorised persons in Article 5(3) of that Order.