The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002

Amendment of the Controlled Waste Regulations (Northern Ireland) 2002

5.  The Controlled Waste Regulations (Northern Ireland) 2002(1) shall be amended as follows: –

(a) at the end of regulation 3 there shall be added –

“(2) Waste of the following descriptions shall be treated as household waste for the purposes only of Article 5(2) (household waste produced on domestic property) –

(a) waste arising from works of construction or demolition, including waste arising from work preparatory thereto; and

(b) septic tank sludge.”;

(b) at the end of each of regulations 4 and 8 there shall be added –

“(2) Scrap metal shall not be treated as household or, as the case may be, industrial or commercial waste, for the purposes of Article 5 at any time before the day appointed under Article 1(2) of the Order for the repeal of Articles 5 to 12 of the 1978 Order in relation to controlled waste which is scrap metal.”;

(c) in regulation 6 –

(i) for “Subject to regulation 8” there shall be substituted “Subject to paragraph (2) and regulation 8”; and

(ii) at the end there shall be added –

“(2) Waste described in paragraphs 7 and 8 of Schedule 3 shall not be treated as industrial waste for the purposes of Article 5(2) of the Order.”;

(d) at the end of regulation 8 there shall be added –

“(3) Animal by-products which are collected and transported in accordance with Schedule 2 to the Animal By-Products Regulations (Northern Ireland) 1993 shall not be treated as industrial waste or commercial waste for the purpose of Article 5 (duty of care etc as respects waste).

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

(e) in Schedule 3, paragraph 17(1) for “Waste oil or waste solvent” there shall be substituted “Waste oil, waste solvent or (subject to regulation 8(2)) scrap metal,”.

(1)

S.R. 2002 No. 248