2012 No. 112
Environmental Protection

The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2012

Made
Coming into operation
The Department of the Environment, being a Department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, makes the following Regulations in exercise of the powers conferred on it by section 2(2) of that Act and Article 39(2) and (3) of the Waste and Contaminated Land (Northern Ireland) Order 19973.

Citation, commencement and interpretation1.

(1)

These regulations may be cited as the Waste (Fees and Charges etc.) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 9th April 2012.

(2)

The Interpretation Act (Northern Ireland) 19544 applies to these Regulations as it applies to an Act of the Assembly.

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 19992.

(1)

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 19995 are amended in accordance with paragraph (2)—

(2)

In regulation 4 (applications for registration)—

(a)

in paragraph (4)(8)(a) for “£129” substitute “£132”;

(b)

in paragraph (4)(8)(b) for “£65” substitute “£67”; and

(c)

in paragraph (4)(8)(c) for “£32” substitute “£33”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 20033.

(1)

The Waste Management Licensing Regulations (Northern Ireland) 20036 are amended in accordance with paragraphs (2) and (3)—

(2)

In regulation 18 (registration in connection with exempt activities)—

(a)

in paragraph (12)(a) for “£785” substitute “£806”;

(b)

in paragraph (12)(b) for “£570” substitute “£585”; and

(c)

in paragraph (12)(c) for “£570” substitute “£585”.

(3)

In Schedule 4 (registration of brokers and dealers of controlled waste)—

(a)

in paragraph (3)(10)(a) for “£129” substitute “£132”;

(b)

in paragraph (3)(10)(b) for “£65” substitute “£67”; and

(c)

in paragraph (3)(10)(c) for “£32” substitute “£33”.

Sealed with the Official Seal of the Department of the Environment on 12th March 2012

Wesley Shannon
A senior officer of the
Department of the Environment
EXPLANATORY NOTE
(This note is not part of the Regulations)

The Department is required to have in place a charging scheme to ensure that, so far as practicable, fees and charges payable for waste management licences under the Waste and Contaminated Land (Northern Ireland) Order 1997 (the “1997 Order”) are sufficient to recover the costs for the Department in exercising its functions under the 1997 Order. However, fees for considering applications to register an undertaking carrying on an exempt activity and charges for considering applications for registration as carriers of, brokers of, or dealers in controlled waste are set out in legislation, as opposed to the charging scheme. The purpose of these regulations is to increase those legislative fees and charges.

These regulations amend regulation 4 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 which sets out the charges for registration as a carrier of controlled waste.

Also amended is regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003, which sets out fees in relation to registration of an undertaking or establishment carrying out activities exempted from the requirement to obtain a full waste management licence; and paragraph 3(10) of Schedule 4 to the Waste Management Licensing Regulations (Northern Ireland) 2003, which sets out fees in relation to the registration of brokers and dealers of controlled waste.