SCHEDULE 21Consequential amendments

PART 2Subordinate legislation

The Waste Management Licensing Regulations 199434

1

The Waste Management Licensing Regulations 1994 M1 are amended (in relation to England and Wales) as follows.

2

For regulation 1(3) substitute—

3

In these Regulations—

“the 1990 Act” means the Environmental Protection Act 1990;

“agricultural waste” means waste from premises used for agriculture;

“the Directive” means Directive 2006/12/EC on waste;

“Directive waste” means anything that is waste for the purposes of the Directive and is not excluded from the scope of the Directive by Article 2(1) of the Directive;

“disposal” has the same meaning as in the Directive;

“recovery” has the same meaning as in the Directive;

“waste” means Directive waste;

“waste regulation authority”, “waste disposal authority” and “waste collection authority” have the meaning given in the 1990 Act.

3

Omit regulations 1(4) and 2 to 19.

4

For regulation 20(2), substitute—

2

Paragraph (1) does not apply in relation to an arrangement under which an establishment or undertaking will itself carry out the disposal or recovery of the waste and either—

a

it is authorised to carry out the disposal or recovery of the waste by an environmental permit under the Environmental Permitting (England and Wales) Regulations 2007, a consent under Chapter II of Part III of the Water Resources Act 1991 or a licence under Part II of the Food and Environment Protection Act 1985; or

b

the recovery of the waste is covered by—

i

an exempt waste operation under the Environmental Permitting (England and Wales) Regulations 2007 or any other operation exempt from the requirements of section 33(1)(a) and (b) of the Environmental Protection Act 1990 under those Regulations; or

ii

article 3 of the Deposits in the Sea (Exemptions) Order 1985.

5

Omit Schedules 1 to 3.

6

Amend Schedule 4 as follows—

a

for paragraph 1, substitute—

1

In this Schedule—

  • “licensing authority” has the meaning given by section 24(1) of the Food and Environment Protection Act 1985;

  • “permit” means an environmental permit under the Environmental Permitting (England and Wales) Regulations 2007, a licence under Part II of the Food and Environment Protection Act 1985 or a consent under Chapter II of Part III of the Water Resources Act 1991.

b

omit paragraphs 2 to 4, 6 to 11, 13(2) to (5) and 14;

7

In paragraph 1 of Schedule 5, at the end of the definition of “relevant offence”, insert— “ or under regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007 ”.