The Pet Cemeteries (England and Wales) Regulations 2007

Amendment of the Landfill (England and Wales) Regulations 2002 E+W

4.—(1) The Landfill (England and Wales) Regulations 2002(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) insert at the appropriate place—

““the 1990 Act” means the Environmental Protection Act 1990(2);

“pet cemetery” means a landfill for the disposal of material consisting entirely of the remains of dead domestic pets;”;

(b) for the definition of “waste” substitute—

““waste” means controlled waste within the meaning of section 75(4) of the 1990 Act;”; and

(c) for the definition of “waste management licence” substitute—

““waste management licence” means a waste management licence within the meaning of Part II of the 1990 Act.”.

(3) In regulation 6 (extension of categories of landfill subject to the 2000 Regulations etc) for paragraph (2) substitute—

“(2) In these Regulations “landfill permit” means—

(a) in relation to a pet cemetery receiving 10 tonnes of waste or less in any day or with a total capacity of 25,000 tonnes or less, a waste management licence; and

(b) in relation to any other landfill, the permit which is required by the 2000 Regulations for the carrying out of the disposal of waste in a landfill.”.

(4) In regulation 8 (conditions to be included in landfill permits) for paragraph (2)(b) substitute—

“(b) ensuring that the financial provision required by section 74(3)(c) of the 1990 Act or by regulation 4(3)(c) of the 2000 Regulations is maintained until the landfill permit is surrendered in accordance with those Regulations or that Act;”.

(5) In regulation 11 (costs of disposal of waste in landfills) for paragraph (b) substitute—

“(b) the costs of the financial provision required by section 74(3)(c) of the 1990 Act or by regulation 4(3)(c) of the 2000 Regulations;”.

(6) In regulation 15 (closure and after-care procedures for landfills) for paragraph (6) substitute—

“(6) Notwithstanding sections 38 and 39 of the 1990 Act (requirements on revocation or surrender of waste management licences)(3) or regulations 19 and 21 of the 2000 Regulations (requirements on surrender or revocation of permits), the Environment Agency shall not accept any complete or partial surrender of the landfill permit, or revoke it in whole or in part, for as long as the Environment Agency considers that the landfill (or the relevant part of it) is likely to cause a hazard to the environment.”.

Commencement Information

I1 Reg. 4 in force at 1.10.2007, see reg. 1(b)

(1)

S.I. 2002/1559; relevant amending instruments are S.1. 2004/1375, 2005/1640 and 2006/937.

(2)

1990 c.43.

(3)

Sections 38 and 39 were amended by the Environment Act 1995 (c.25), Schedule 22, paragraphs 72 and 73 respectively. Section 38 was also amended by S.I. 2005/894.