The Waste Regulations (Northern Ireland) 2011

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 N.I.

28.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with regulations 28(2) to 31.

(2) In regulation 1(2) insert the following definition in the appropriate alphabetical place—

“specified” person means

(a)

a Government Department;

(b)

a district council;

(c)

a producer of the controlled waste in question except where it is construction or demolition waste (“construction” includes improvement, repair and alteration);

(d)

any wholly owned subsidiary of the Northern Ireland Railways Company Limited which has applied in accordance with these Regulations for registration as a carrier of waste but only—

(i)

if it is registered under paragraph 12 of Part 1 of Schedule 3 to the 2003 Regulations; and

(ii)

whilst its application is pending;

(e)

a charity within the meaning of Part 1 of the Charities Act (Northern Ireland) 2008(2);

(f)

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

(g)

a person who transports only—

(i)

animal by products;

(ii)

waste from a mine or quarry; or

(iii)

agricultural waste.”.

(3) For regulation 2(1) substitute—

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

(a) a person who does not normally or regularly transport controlled waste; or

(b) 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 marine licence is required or would be required but for a marine exemption order for transporting the waste in order to carry out a specified marine operation.”.

(4) After regulation 2(1) insert—

“(1A) The following persons shall be required for the purposes of Article 38 of the 1997 Order to be a registered carrier of controlled waste by 31st December 2013—

(a) a person who, prior to 8 April 2011, was not required to be registered as a carrier of controlled waste for the purposes of these regulations or paragraph 12(1) of Schedule 3 to the 2003 Regulations; or

(b) a person who, had they been a carrier of waste prior to 8th April 2011 would not have been required to be registered for the purposes of these regulations or paragraph 12(1) of Schedule 3 to the 2003 Regulations.”.

(5) In regulation 2(2) insert the following definitions in the appropriate alphabetical order—

““marine exemption order” means an order under—

(a)

section 7 of the Food and Environment Protection Act 1985(4) (exemptions); or

(b)

section 74 of the Marine and Coastal Access Act 2009(5) (exemptions specified by order);

“marine licence” means—

(a)

a licence under Part 2 of the Food and Environment Protection Act 1985; or

(b)

a marine licence under Part 4 of the Marine and Coastal Access Act 2009;

“specified marine operation” means an operation mentioned in—

(a)

section 5 or 6 of the Food and Environment Protection Act 1985; or

(b)

an item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009;”.

(1)

S.R. 1999 No.362 as amended by S.R.2003 No.46, S.R.2003 No.493, S.R.2005 No.300 and S.R.2006 No. 280

(2)

2008 c. 12

(3)

1972 c. 70

(4)

1985 c. 48

(5)

2009 c. 23