Explanatory Note

(This note is not part of the Regulations.)

The Waste and Contaminated Land (Northern Ireland) Order 1997 (“the Order”) makes it a criminal offence for a person who is not a registered carrier to transport controlled waste to or from any place in Northern Ireland. It also provides for the seizure and disposal of vehicles used for illegal waste disposal.

These Regulations establish a system for registration of carriers of controlled waste and supplement the provisions of the Order dealing with the seizure and disposal of vehicles used for illegal waste disposal.

Regulation 2 exempts certain persons from registration either completely or in defined circumstances.

Regulation 3 requires the Department to establish and maintain a register for the registration of carriers of controlled waste and to make it accessible to members of the public free of charge.

Regulations 4 to 14 contain provisions dealing with applications for registration, the circumstances in which registration may be refused, the information to be included in the register, the provision of certificates of registration and copies of entries, amendment of the register, revocation of registration, the duration of registration and the production of a person’s authority to transport controlled waste.

Regulations 15 to 17 deal with the procedure for appeals against refusal of registration, failure to deal with an application for registration and the revocation of registration.

Regulations 18 to 24 prescribe the steps to be taken before applying for a warrant to seize vehicles used for illegal waste disposal, deal with the manner in which vehicles may be removed, specify the circumstances in which property seized must be returned, and the steps which must be taken, before and after selling or otherwise disposing of such property and provide for the application of the proceeds of any sale.