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The Transfrontier Shipment of Waste Regulations 1994
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- UK Statutory Instruments
- 1994 No. 1137
- Regulation 8
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Power of competent authority of dispatch to ensure return of waste
8.—(1) Where a competent authority of dispatch is required by Article 25(1) or 26(2) to ensure that waste is returned to the United Kingdom it may serve a notice on the notifier concerned under paragraph (2) below.
(2) A notice served under this paragraph shall require the notifier to return the waste to an area within the United Kingdom specified in the notice by a date so specified.
(3) The date specified in a notice under paragraph (2) above shall allow the notifier a reasonable time to comply with the notice, having regard, in particular, to the location of the waste at the time the notice is served.
(4) Where a notifier fails to comply with a notice served on him under paragraph (2) above, the competent authority may serve a further notice on the notifier stating that the authority intends to act as the agent of the notifier to effect the return of the waste to the United Kingdom in order to fulfil the obligations of the authority under Article 25(1) or 26(2), as the case may be.
(5) Where a competent authority serves a notice under paragraph (4) above it may act as the agent of the notifier so far as is necessary to effect the return of the waste as mentioned in that paragraph and the notifier shall provide the competent authority with such information and assistance as the authority may reasonably request in writing to enable it to effect the return of the waste.
(6) Where a competent authority acts under paragraph (5) above it shall be deemed to be the duly authorised agent of the notifier acting within the scope of its authority.
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