The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2022

Statutory Rules of Northern Ireland

2022 No. 127

Environmental Protection

The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2022

Made

18th March 2022

Coming into operation

11th April 2022

The Department for Agriculture, Environment and Rural Affairs(1) is an appropriate authority for the purposes of paragraph 8 of Schedule 4 to the European Union (Withdrawal) Act 2018(2) and makes the following regulations in exercise of the powers conferred by paragraph 7(2) of Schedule 4 to that Act and in exercise of the powers conferred by Articles 39(2) and (3) of the Waste and Contaminated Land (Northern Ireland) Order 1997(3), and now vested in it(4).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2022 and shall come into operation on 11th April 2022.

(2) The Interpretation Act (Northern Ireland) 1954 (5) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Controlled Waste (Registration of Carriers and Seizures of Vehicles) Regulations (Northern Ireland) 1999

2.—(1) The Controlled Waste (Registration of Carriers and Seizures of Vehicles) Regulations (Northern Ireland) 1999 (6) are amended in accordance with paragraph (2)—

(2) In regulation 4 (applications for registration)—

(a) In paragraph (8)(a) for “£155” substitute “£159”;

(b) In paragraph (8)(b) for “£77” substitute “£79”; and

(c) In paragraph (8)(c) for “£40” substitute “£41”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

3.—(1) The Waste Management Licensing Regulations (Northern Ireland) 2003 (7) are amended in accordance with paragraph (2)—

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

(a) In paragraph 3(10)(a) for “£155” substitute “£159”;

(b) In paragraph 3(10)(b) for “£77” substitute “£79”; and

(c) In paragraph 3(10)(c) for “£40” substitute “£41”.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 18^th March 2022.

Colin Breen

A senior officer of the

Department of Agriculture, Environment and Rural Affairs

EXPLANATORY NOTE

(This Note is not part of the Regulations)

The Department of Agriculture, Environment and Rural Affairs publishes a charging scheme to ensure that as far as practical, 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 costs for the Department in exercising its functions under the 1997 Order. However, charges for processing applications for registration as carriers, brokers or dealers in controlled waste are required to be set out in legislation. The purpose of these Regulations is to increase those charges. Details of the increased fees will also be included in the charging scheme which sets out the fees and charges payable in respect to waste management licenses.

These Regulations amend the regulation 4 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999, which sets out the process concerning applications for registration as a carrier of controlled waste, including the associated fees.

Also amended is 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 in controlled waste.

(1)

2016 c. 5 (N.I.)

(2)

2018 c.16. Schedule 4 was amended by Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c.1)

(3)

S.I. 1997/2778 (N.I. 19) the relevant amendment S.I. 2007/611 (N.I. 3)

(4)

S.R. 2016 c. 76, Article 8(1)(c)

(5)

1954 c. 33 (N.I.)

(6)

S.R. 1999 No. 362 the relevant amendments are S.R. 2003 No. 493, S.R. 2010 No. 84, S.R. 2011 No. 127, S.R. 2012 No. 112, S.R. 2013 No. 248, S.R. 2015 No. 21, S.R. 2016 No. 401, S.R. 2017 No. 221, S.R. 2018 No. 91, S.R. 2019 No. 83 and S.R. 2020 No. 112.

(7)

S.R. 2003 No. 493 the relevant amendments are S.R. 2010 No. 84, S.R. 2011 No. 232, S.R. 2012 No. 112, S.R. 2013 No.248, S.R. 2015 No. 21, S.R. 2016 No. 401, S.R. 2017 No. 221, S.R. 2018 No. 91, S.R. 2019 No. 83, S.R. 2020 No. 112 and S.R. 2021 No.182.