PART 8Registration of carriers, brokers and dealers

Interpretation24

1

The regulations in this Part, to the extent that they relate to carriers of controlled waste, have effect as if they were made in exercise of the powers in sections 1(3), 2 and 4(6) of the Control of Pollution (Amendment) Act 198938.

2

Sections 3 and 4 of the Control of Pollution (Amendment) Act 198939 have effect as if—

a

references to carriers of controlled waste in those sections included references to brokers of and to dealers in controlled waste;

b

references to the transport of controlled waste included references to acting as a broker of or dealer in controlled waste; and

c

regulations 26 and 28 to 34, to the extent that they relate to brokers and dealers, were made in exercise of the powers in sections 2 and 4(6) of that Act.

3

Section 3(5) and (6) of the Control of Pollution (Amendment) Act 1989 (in its application to carriers, brokers and dealers) has effect as if—

a

references to provision made by virtue of subsection (1) or (2) include a reference to regulations 29(5) and 32(1); and

b

references to a prescribed offence include an offence specified in regulation 29(5)(b).

4

Section 7(1) of the Control of Pollution (Amendment) Act 1989 has effect as if the words “the provisions of this Act” included a reference to regulation 25.

5

In this Part—

  • “the relevant time” means immediately before the coming into force of these Regulations;

  • “specified person” means—

    1. a

      a charity or voluntary organisation;

    2. b

      a waste collection authority;

    3. c

      an authority which is a waste disposal authority for the purposes of Part 2 of the Environmental Protection Act 199040;

    4. d

      an authority which is a waste regulation authority for the purposes of Part 2 of the Environmental Protection Act 199041;

    5. e

      a carrier which only transports waste produced by the carrier itself, except where it is construction or demolition waste (and “construction” includes improvement, repair and alteration);

    6. f

      a carrier which only transports, a broker which only arranges for the recovery or disposal of, or a dealer which only deals in—

      1. i

        animal by-products;

      2. ii

        waste from a mine or quarry; or

      3. iii

        waste from premises used for agriculture.

Registration of brokers and dealers in controlled waste25

No person may act as a broker of or dealer in controlled waste unless registered with the Environment Agency.

Exemptions in relation to carriers26

1

The following are not required to be a registered carrier of controlled waste for the purposes of section 1 of the Control of Pollution (Amendment) Act 1989—

a

a carrier who is a specified person and who does not normally and regularly transport controlled waste;

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.

2

In paragraph (1)(b)

  • “marine licence” means—

    1. a

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

    2. b

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

  • “marine exemption order” means an order under—

    1. a

      section 7 of the Food and Environment Protection Act 1985 (exemptions from licensing)42; or

    2. b

      section 74 of the Marine and Coastal Access Act 2009 (which provides for exemptions from marine licensing);

  • “specified marine operation” means an operation mentioned in—

    1. a

      section 5 or 6 of the Food and Environment Protection Act 1985 (deposits in the sea or incineration)43; or

    2. b

      an item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009 (which specifies licensable marine activities).

Transitional exemptions27

1

Until the end of 2013, a transitionally exempt carrier is not required to be registered as a carrier of controlled waste for the purposes of section 1 of the Control of Pollution (Amendment) Act 1989.

2

Until the end of 2013, a transitionally exempt broker is not required to be registered as a broker of controlled waste for the purposes of regulation 25.

3

In this regulation—

  • “transitionally exempt carrier” means a carrier who—

    1. a

      at the relevant time was not required to be registered as a carrier of controlled waste for the purposes of—

      1. i

        section 1 of the Control of Pollution (Amendment) Act 1989, and

      2. ii

        paragraph 12(1) of Schedule 4 to the Waste Management Licensing Regulations 199444; or

    2. b

      had they been a carrier of controlled waste at the relevant time, would not have been required to be registered for those purposes;

  • “transitionally exempt broker” means a broker who—

    1. a

      at the relevant time was not required to be registered as a broker of controlled waste for the purposes of—

      1. i

        regulation 20(1) of the Waste Management Licensing Regulations 1994, and

      2. ii

        paragraph 12(2) of Schedule 4 to those Regulations, or

    2. b

      had they been a broker of controlled waste at the relevant time, would not have been required to be registered for those purposes.

The register28

1

The Environment Agency must establish and maintain a register of carriers, brokers and dealers.

2

A register of carriers or brokers held at the relevant time for the purposes of the Control of Pollution (Amendment) Act 1989 or the Waste Management Licensing Regulations 1994 is a register for the purposes of these Regulations.

Procedure for registration29

1

This regulation applies to—

a

registration of a carrier for the purposes of the Control of Pollution (Amendment) Act 1989; and

b

registration of a broker or dealer for the purposes of regulation 25.

2

Registration must be made using the form provided by the Environment Agency.

3

All the information required by the form must be provided, together with any fee prescribed in a charging scheme made by the Environment Agency under section 41 of the Environment Act 199545.

4

The Agency may require additional information to be provided.

5

Registration may be refused if, in the opinion of the Agency—

a

it is undesirable for the applicant to be authorised to transport controlled waste or to act as a broker or dealer of controlled waste (as the case may be); and

b

the applicant or another relevant person46 has been convicted of an offence under—

i

regulation 42,

ii

section 1, 5 or 7(3) of the Control of Pollution (Amendment) Act 198947,

iii

section 33 or 34 of the Environmental Protection Act 199048,

iv

section 110(2) of the Environment Act 199549,

v

the Hazardous Waste (England and Wales) Regulations 200550,

vi

the Hazardous Waste (Wales) Regulations 200551,

vii

the Transfrontier Shipment of Waste Regulations 200752,

viii

regulation 38 of the Environmental Permitting (England and Wales) Regulations 200753, or

ix

regulation 38 of the Environmental Permitting (England and Wales) Regulations 201054.

6

On registration the Agency must provide a certificate of registration to the applicant.

7

If registration is refused the Agency must notify the applicant and give written reasons for the refusal.

Updating the register30

1

A registered carrier, broker or dealer must within 28 days inform the Environment Agency of any change of circumstance affecting information in the entry relating to that carrier, broker or dealer.

2

If the Agency becomes aware that the information held on the register is incorrect in respect of any carrier, broker or dealer, it may remove that person from the register where it is reasonable to do so.

3

Where the Agency has the person’s address, it must notify them of the removal and request the correct information.

4

The Agency must restore the person to the register if the correct information comes to its notice.

Duration of a registration31

1

Unless revoked, registration of a specified person is indefinite.

2

For other persons registration is for three years unless revoked.

3

But registration is not valid during any period of removal from the register under regulation 30(2).

Revocation of registration32

1

A registration may be revoked if—

a

the registered person or another relevant person has been convicted of an offence specified in regulation 29(5)(b); and

b

in the opinion of the Agency, it is undesirable for the registered carrier, broker or dealer to continue to be authorised to act as a carrier or broker of, or a dealer in, controlled waste (as the case may be).

2

If a registration is revoked the Agency must notify the registered person and give written reasons for the revocation.

3

A revocation comes into force—

a

where no appeal is made, 28 days after the date the notification is received; or

b

where an appeal is made, when it is withdrawn or refused.

Appeals33

An appeal under section 4 of the Control of Pollution (Amendment) Act 1989 must be received by the Secretary of State or the Welsh Ministers (as the case may be) within 28 days of the refusal or revocation that is the subject of the appeal.

Inspections34

1

The Environment Agency must ensure that appropriate periodic inspections of registered carriers, brokers and dealers are made55.

2

If the inspection relates to collection or transport of controlled waste, the Environment Agency must ensure that it covers the origin, nature, quantity and destination of that waste.

3

In paragraph (2), “collection or transport” includes an operation where waste is transported following transfer between different carriers.