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

Exemption from registration

2.—(1) The following persons shall not be required for the purposes of Article 38 of the 1997 Order to be a registered carrier of controlled waste—

(a) a Government Department;

(b) a district council;

(c) a producer of the controlled waste in question except where it is building or demolition waste;

(d) the Northern Ireland Railways Company Limited in relation to carriage by rail;

(e) a ferry operator in relation to the carriage on the ferry of any vehicle carrying controlled waste;

(f) the operator of a vessel, aircraft, hovercraft, floating container or vehicle in relation to its use, after it has been loaded with waste in circumstances in which a licence under Part II of the Food and Environmental Protection Act 1985(1) is needed or would be needed but for an order under section 7 of that Act, for transporting the waste in order to carry out any operation mentioned in section 5 or 6 of that Act;

(g) a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964(2);

(h) a voluntary body within the meaning of section 148 of the Local Government Act (Northern Ireland) 1972(3);

(i) a person who before 11th March 2000 applies in accordance with these Regulations for registration as a carrier of controlled waste but only whilst his application is pending;

(j) a person who—

(i) is the holder of a licence under regulation 5(4) of the Animal By-Products Regulations (Northern Ireland) 1993(4); or

(ii) has obtained an approval under regulation 7 of those Regulations; or

(iii) is registered under regulation 8 or 9 of those Regulations,

in relation to the transport of animal by-products in accordance with Schedule 2 to those Regulations in connection with the activity to which the licence, approval or registration relates; or

(k) a person who is engaged in the business of removing animal protein in accordance with the provisions of the Diseases of Animals (Animal Protein) (No. 2) Order (Northern Ireland) 1989(5).

(2) In this regulation—

• “animal by-products” has the same meaning as in regulation 2(1) of the Animal By-Products Regulations (Northern Ireland) 1993;

• “animal protein” has the same meaning as in regulation 3(1) of the Diseases of Animals (Animal Protein) (No. 2) Order (Northern Ireland) 1989;

• “building or demolition waste” means waste arising from works of construction or demolition, including waste arising from work preparatory thereto;

• “construction” includes improvement, repair or alteration.

(1)

1985 c. 48; sections 5 and 6 were amended by section 146(2) and (3) of the Environmental Protection Act 1990 (1990 c. 43)

(2)

1964 c. 33 (N.I.)

(3)

1972 c. 9 (N.I.)

(4)

S.R. 1993 No. 192 as amended by S.R. 1998 No. 108

(5)

S.R. 1989 No. 347 as amended by S.R. 1992 No. 62 and S.R. 1993 No. 193