Exclusion of activities under other control regimes from waste management licensing16

1

Subject to paragraph (2) below, section 33(1)(a), (b) and (c) of the 1990 Act shall not apply in relation to the carrying on of any of the following activities—

a

the recovery or disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process designated for central control under section 2(4) of the 1990 Act;

b

the disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process within paragraph (a) of Part B of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations insofar as the activity results in releases of substances into the air;

c

the disposal of liquid waste under a consent under Chapter II of Part III of the Water Resources Act 199136 or under Part II of the Control of Pollution Act 197437; and

d

the recovery or disposal of waste where the activity is or forms part of an operation which is for the time being either—

i

the subject of a licence under Part II of the Food and Environment Protection Act 198538; or

ii

carried on in circumstances where such a licence would be required but for an order under section 7 of that Act.

2

Paragraph (1)(a) and (b) above does not apply insofar as the activity involves the final disposal of waste by deposit in or on land.