The Waste (Fees and Charges etc.) (Amendment) Regulations (Northern Ireland) 2011

Statutory Rules of Northern Ireland

2011 No. 232

Environmental Protection

The Waste (Fees and Charges etc.) (Amendment) Regulations (Northern Ireland) 2011

Made

21st June 2011

Coming into operation

21st July 2011

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 sections 2(2) of that Act and Articles 38(3) and 39 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 (Fees and Charges etc.) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 21st July 2011.

(2) The Interpretation Act (Northern Ireland) 1954(4) applies to these Regulations as it applies to an Act of the Assembly.

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

2.—(1) The Waste Management Licensing Regulations (Northern Ireland) 2003(5) are amended in accordance with paragraphs (2) and (3)—

(2) In regulation 18 (registration in connection with exempt activities)—

(a) in paragraph (12)(a) for “£766” substitute “£785”;

(b) in paragraph (12)(b) for “£556” substitute “£570”; and

(c) in paragraph (12)(c) for “£556” substitute “£570”.

(3) In Schedule 4 (registration of brokers and dealers of controlled waste)—

(a) in paragraph (3)(10)(a) for “£126” substitute “£129”;

(b) in paragraph (3)(10)(b) for “£63” substitute “£65”; and

(c) in paragraph (3)(10)(c) for “£30’” substitute “£32”.

Amendment of the Waste Regulations (Northern Ireland) 2011

3.—(1) The Waste Regulations (Northern Ireland) 2011(6) are amended in accordance with paragraphs (2) to (4).

(2) Omit regulation 1(4).

(3) For regulation 28(4) substitute—

“(4) After regulation 2(1) insert—

(1A) The following persons shall not be required for the purposes of Article 38 of the 1997 Order to be registered as a carrier of controlled waste until after 31st December 2013—

(a) a person who, prior to 8th April 2011, was not required to be registered as a carrier of controlled waste for the purposes of these Regulations or paragraph 12(1) of Schedule 3 to the 2003 Regulations; or

(b) a person who, had they been a carrier of controlled waste prior to 8th April 2011, would not have been required to be registered for the purposes of these Regulations or paragraph 12(1) of Schedule 3 to the 2003 Regulations.”.

(4) For regulation 30 substitute—

“30.   For regulation 4(8) substitute—

(8) The Department shall charge an applicant, in respect of its consideration of their application—

(a) subject to sub-paragraph (c), in the case of either an application for registration as a carrier of controlled waste or a combined application for registration as both a carrier and a broker of controlled waste, £129;

(b) in the case of either an application for the renewal of registration as a carrier of controlled waste or a combined application for renewal of registration as both a carrier and a broker of controlled waste, £65;

(c) in the case of an application by a registered broker of controlled waste for registration as a carrier of controlled waste, £32;

and the applicant shall pay the charge when they make the application.

(8A) Paragraph (8) shall not apply to a specified person.”.

Sealed with the Official Seal of the Department of the Environment on 21st June 2011

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, brokers of, or dealers in 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 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; and paragraph 3(10) of Schedule 4 to the Waste Management Licensing Regulations (Northern Ireland) 2003, which sets out fees in relation to the registration of brokers and dealers of controlled waste.

Also amended are regulations 28 and 30 of the Waste Regulations (Northern Ireland) 2011 which set out the requirement to be registered as a carrier of controlled waste and the charges for that registration.

(1)

S.I.1992/2870

(2)

1972 c. 68

(3)

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

(4)

1954 c. 33 (N.I.)

(5)

S.R. 2003 No. 493 the relevant amendments are S.R. 2006 No. 280, S.R. 2006 No. 519, S.R. 2009 No. 159, S.R. 2010 No.84 and S.R. 2011 No. 127

(6)

S.R. 2011 No. 127