The Transfrontier Shipment of Waste (Amendment) Regulations 2014

Transitional provisions U.K.

23.—(1) Anything which on the commencement date is in the process of being done by or in relation to the Environment Agency in exercise of its functions under the Transfrontier Shipment of Waste Regulations 2007 or under section 41(1)(d) of the Environment Act 1995 may, so far as it relates to Wales or the Welsh area, be continued by or in relation to the Natural Resources Body for Wales.

(2) Anything which on the commencement date is in the process of being done by or in relation to the Secretary of State in exercise of the Secretary of State’s functions as competent authority of destination and dispatch under the Transfrontier Shipment of Waste Regulations 2007 may—

(a) so far as it relates to the English area, be continued by or in relation to the Environment Agency;

(b) so far as it relates to the Welsh area, be continued by or in relation to the Natural Resources Body for Wales;

(c) so far as it relates to the Scottish area, be continued by or in relation to the Scottish Environment Protection Agency;

(d) so far as it relates to the Northern Irish area, be continued by or in relation to the Department of the Environment in Northern Ireland.

(3) Anything done by or in relation to the Environment Agency before the commencement date in exercise of its functions under the Transfrontier Shipment of Waste Regulations 2007 or under section 41(1)(d) of the Environment Act 1995 is, so far as it relates to Wales or the Welsh area and is required for continuing its effect on and after that date, to have effect as if done by or in relation to the Natural Resources Body for Wales.

(4) Anything done by or in relation to the Secretary of State before the commencement date in exercise of the Secretary of State’s functions as competent authority of destination and dispatch under the Transfrontier Shipment of Waste Regulations 2007 is—

(a) so far as it relates to the English area and is required for continuing its effect on and after that date, to have effect as if done by or in relation to the Environment Agency;

(b) so far as it relates to the Welsh area and is required for continuing its effect on and after that date, to have effect as if done by or in relation to the Natural Resources Body for Wales;

(c) so far as it relates to the Scottish area and is required for continuing its effect on and after that date, to have effect as if done by or in relation to the Scottish Environment Protection Agency;

(d) so far as it relates to the Northern Irish area and is required for continuing its effect on and after that date, to have effect as if done by or in relation to the Department of the Environment in Northern Ireland.

(5) Any reference to the Environment Agency in any document relating to anything to which paragraph (1) or (3) applies is, so far as is required for giving effect to either of those paragraphs, to be treated as a reference to the Natural Resources Body for Wales.

(6) Any reference to the Secretary of State in any document relating to anything to which paragraph (2) or (4) applies is—

(a) so far as is required for giving effect to paragraph (2)(a) or (4)(a), to be treated as a reference to the Environment Agency;

(b) so far as is required for giving effect to paragraph (2)(b) or (4)(b) , to be treated as a reference to the Natural Resources Body for Wales.

(c) so far as is required for giving effect to paragraph (2)(c) or (4)(c), to be treated as a reference to the Scottish Environment Protection Agency.

(d) so far as is required for giving effect to paragraph (2)(d) or (4)(d), to be treated as a reference to the Department of the Environment in Northern Ireland.

(7) A direction given to the Environment Agency before the commencement date under section 40 of the Environment Act 1995(1) is, to the extent that it applies to the exercise of functions under the Transfrontier Shipment of Waste Regulations 2007 in relation to Wales or the Welsh area, to be treated on and after that date as a direction given to the Natural Resources Body for Wales under article 11(1) of the Natural Resources Body for Wales (Establishment) Order 2012(2).

(8) In this regulation—

“the commencement date” means 1st May 2014;

“the English area”, “the Northern Irish area”, “the Scottish area” and the “Welsh area” have the meanings given in regulation 4(1) of the Transfrontier Shipment of Waste Regulations 2007(3).

(1)

Subsections (2)(a) and (4)(a) of section 40 are amended by S.I. 2011/1043 and subsections (9) to (11) were inserted by SI 2013/755 (W.90).

(2)

S.I. 2012/1903 (W.230) as amended by S.I. 2013/755 (W 90).

(3)

See regulation 4(2) of these Regulations.