The Waste Management Licensing (Fees and Charges for Carriers and Exempt Activities) (Amendment) Regulations (Northern Ireland) 2010

Statutory Rules of Northern Ireland

2010 No. 84

Environmental Protection

The Waste Management Licensing (Fees and Charges for Carriers and Exempt Activities) (Amendment) Regulations (Northern Ireland) 2010

Made

10th March 2010

Coming into operation

26th April 2010

The Department of the Environment being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, makes the following Regulations in exercise of the powers conferred on it by section 2(2) of that Act and Article 39(2) and (3) of the Waste and Contaminated Land (Northern Ireland) Order 1997(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Waste Management Licensing (Fees and Charges for Carriers and Exempt Activities) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 26th April 2010.

(2) In these regulations the “WML Regs” means the Waste Management Licensing Regulations (Northern Ireland) 2003(4).

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

2.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999(6) are amended as follows:

(2) In regulation 4 (Applications for registration)

(a) in paragraph (8)(a) for “£120” substitute “£126”; and

(b) in paragraph (8)(b) for “£60” substitute “£63”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

3.—(1) The WML Regs are amended as follows:

(2) In regulation 18 (Registration in connection with exempt activities)

(a) in paragraph (12)(a) for “£730” substitute “£766”

(b) in paragraph (12)(b) for “19 and 45-47 of Part 1 of Schedule 2, an annual fee of £530” substitute “19, 45-47 and 49-52 of Part 1 of Schedule 2, an annual fee of £556”; and

(c) in paragraph (12)(c) for “£530” substitute “£556”.

(3) In Schedule 4 (applications for registration)

(a) in paragraph (3)(10)(a) for “£120” substitute “£126”;

(b) in paragraph (3)(10)(b) for “£60” substitute “£63”; and

(c) in paragraph (3)(10)(c) for “£30” substitute “£31”.

Sealed with the Official Seal of the Department of the Environment on 10^th March 2010

Denis McMahon

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Department is required to have in place a charging scheme to ensure that, so far as practicable, fees and charges payable for waste management licences under the Waste and Contaminated Land (Northern Ireland) Order 1997 (the “1997 Order”) are sufficient to recover the costs for the Department in exercising its functions under the 1997 Order. However fees for considering applications to register an undertaking carrying on an exempt activity and charges for considering applications for registration as carriers of controlled waste are set out in legislation, as opposed to the charging scheme. The purpose of these Regulations is to update those legislative fees and charges.

These Regulations amend the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 in relation to charges for the registration of applications by persons as carriers of controlled waste.

Also amended is regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003, which sets out fees in relation to registration of an undertaking or establishment carrying out activities exempted from the requirement to obtain a full waste management licence.

(1)

S.I. 1992/2870

(2)

1972 c. 68

(3)

S.I. 1997/2778 (N.I. 19) relevant amendment is S.I. 2007/611 (N.I. 3)

(4)

S.R. 2003 No. 493 relevant amendments are S.R. 2006 No. 280, S.R. 2006 No. 519 and S.R. 2009 No. 159

(5)

1954 c. 33 (N.I.)

(6)

S.R. 1999 No. 362 as amended by S.R. 2006 No. 280