The Hazardous Waste Regulations (Northern Ireland) 2005

Duty of consignee not accepting delivery of a consignment

31.—(1) This regulation applies where the consignee does not accept delivery of a consignment of hazardous waste in whole or in part.

(2) In a case to which this regulation applies the requirements of regulation 23(4), 27(9), 283), 29(3) or 30(4) (which relate to the duties of the consignee on acceptance of the consignment), as the case may be, shall not apply to the consignee in respect of the consignment, or part thereof, which has been rejected.

(3) If, in a case to which this regulation applies, copies of the consignment note have been given to the consignee he shall—

(a) indicate on Part E of each copy that he does not accept the consignment and the reasons why he does not accept the consignment;

(b) retain one copy;

(c) ensure that one copy, accompanied by one copy of any carrier’s schedule given to him in accordance with regulation 27, are furnished forthwith to the Department; and

(d) ensure that the other copy is returned to the carrier forthwith.

(4) If, in a case to which this regulation applies, no copies of the consignment note have been given to the consignee he shall ensure that a written explanation of his reasons for not accepting delivery, including such details of the consignment and of the carrier as are known to him, is furnished forthwith to the Department.

(5) In a case to which this regulation applies—

(a) on being informed that the consignee will not accept delivery of the consignment, the carrier shall inform the Department and seek instructions from the consignor;

(b) the consignor shall forthwith inform the carrier and the Department of his intentions as regards the consignment; and

(c) the carrier shall take all reasonable steps to ensure that the consignor’s intentions are fulfilled.

(6) For the purposes of paragraph (5), the consignor may propose one of the following, namely—

(a) the delivery of the consignment to the premises from which it had been collected;

(b) the delivery of the consignment to the premises at which it had been produced;

(c) the delivery of the consignment to other specified premises subject to a permit necessary to authorise the receipt of the waste.