The Transfrontier Shipment of Waste (Amendment) Regulations 2014

Regulation 4 U.K.

4.—(1) Regulation 4 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a) in the definition of “authorised person”, for “50(2)” substitute “50A(1)”;

(b) after the definition of “the Community Regulation” insert—

“competent authority” means a competent authority within the meaning of regulation 6 or 7;

“the English area” means that part of the marine area which is not the Northern Irish area, the Scottish area or the Welsh area;”;

(c) for the definition of “the marine area” substitute—

““the marine area” means—

(a)

the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom, including—

(i)

any area submerged at mean high water spring tide, and

(ii)

the waters of every estuary, bay, river or channel, so far as the tide flows at mean high water spring tide,

(b)

the seabed and the subsoil within any area designated under subsection (7) of section 1 of the Continental Shelf Act 1964(1) (exploration and exploitation of continental shelf), and

(c)

waters superjacent to the seabed and the seabed and its subsoil within any area designated under subsection (4) of section 84 of the Energy Act 2004(2) (exploitation of areas outside the territorial sea for energy production);”;

(d) after the definition of “the marine area” insert—

““the Northern Irish area” means such of the marine area adjacent to Northern Ireland which lies to the west of the Northern Irish border;”;

(e) after the definition of “notifiable waste” insert—

““the Scottish area” means such of the marine area adjacent to Scotland which lies to the north of the Scottish border and east of the Northern Irish border;”; and

(f) after the definition of “waste vessel” insert—

““the Welsh area” means such of the marine area adjacent to Wales which lies within the Welsh border;

“working day” means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(3) in any part of the United Kingdom.”.

(3) After paragraph (1) insert—

“(1A) In these Regulations—

(a) any reference to England, Wales, Scotland or Northern Ireland excludes any part of the marine area; and

(b) except in the case of any reference to the territorial sea adjacent to the United Kingdom and in the definition of “Dividing Line” in regulation 4A(4), any reference to the United Kingdom includes the marine area.”.

(1)

1964 c.29; section 1(7) is amended by the Oil and Gas (Enterprise) Act 1982 (c.23), paragraph 1 of Schedule 3. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 and 2001/3670.

(2)

2004 c.20. An area has been designated under section 84(4) by S.I. 2004/2668.

(3)

1971 c.80; see section 1 and Schedule 1.