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The Waste Management Licensing Regulations (Northern Ireland) 2003

Type Ni-Statutory-Rule

Publication 2003-11-28

Last updated 2026-01-19

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles 1

Reform history JSON API

Made: 28th November 2003

Coming into operation: 19th December 2003

The Department of the Environment, being a Department designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to measures relating to (i) the prevention, reduction and elimination of pollution of water, the prevention, reduction and elimination of pollution caused by waste, the regulation and control of the transit, import and export of waste (including recyclable materials) and (ii) the prevention of waste from vehicles and forms of recovery of end of life vehicles and their components, in exercise of the powers conferred on it by section 2(2) of that Act, sections 7(1) and(2) and 25(3) of the Food and Environment Protection Act 1985[^f00003], Article 30 of the Industrial Pollution Control (Northern Ireland) Order 1997[^f00004], Articles 2(2), (3), (4) and (8), 3(3)(a) and (5), 4(3), 6(6), 17(9), 34(1), 38(3)(a), 39 and 77 of the Waste and Contaminated Land (Northern Ireland) Order 1997[^f00005] (having in particular had regard in exercising its power under Article 4(3) of that Order to the matters specified in Article 4(4) of that Order) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Waste Management Licensing Regulations (Northern Ireland) 2003 and shall come into operation on 19th December 2003.

(2) The Interpretation Act (Northern Ireland) 1954[^f00006] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(3) In these Regulations, unless the context otherwise requires –

“the 1978 Order” means the Pollution Control and Local Government (Northern Ireland) Order 1978[^f00007];

“the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997;

“the 1998 Regulations” means the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998[^f00008];

“the 2003 Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003[^f00009];

“the 2003 Landfill Regulations” means the Landfill Regulations (Northern Ireland) 2003;

“the Industrial Pollution Control Order” means the Industrial Pollution Control (Northern Ireland) Order 1997;

“the Water Order” means the Water (Northern Ireland) Order 1999[^f00010];

“the Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators as last amended by Directive (EU) 2018/849;

“the Community Regulation” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation) as amended by Directive 2010/63/EU of the European Parliament of the Council;

“the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2018/851;

“the End of Life Vehicles Directive” means Directive 2000/53/EC of the European Parliament and of the Council[^f00023] as last amended by Directive (EU) 2018/849;

“the Waste Electrical and Electronic Equipment Directive” or “WEEE Directive” means Directive 2012/19/EU of the European Parliament and of the Council of 4th July 2012 on waste electrical and electronic equipment[^f00007] as last amended by Directive (EU) 2018/849;

“agriculture” has the same meaning as in the Agriculture Act (Northern Ireland) 1949;

“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act (Northern Ireland) 1949;

“animal by-products” has the same meaning as in Article 3(1) of the Community Regulation.

“authorised treatment facility” means any establishment or undertaking carrying out the treatment of end of life vehicles under a waste management licence or a disposal licence and in compliance with Article 6 of the End of Life Vehicles Directive and Articles 9, 10 and 11 of the Directive;

“automotive battery or accumulator” means any battery or accumulator used for automotive starter, lighting or ignition power;

“battery or accumulator” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable);

“battery pack” means any set of batteries or accumulators that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open;

“best available treatment, recovery and recycling techniques” has the meaning given in the document published by the Department on 5th December 2006, entitled “Guidance on Best Available Treatment, Recovery and Recycling Techniques (BATRRT) and Treatment of Waste Electrical and Electronic Equipment (WEEE);

“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“CIWM” means the Chartered Institution of Wastes Management;”; and

“clinical waste” has the meaning given by regulation 2(1) of the Controlled Waste Regulations (Northern Ireland) 2002[^f00026];

“construction work” includes the repair, alteration or improvement of existing works;

“controlled waste” means household, industrial and commercial waste or any such waste;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“depollute”, in relation to an end of life vehicle, means to carry out on it any of the operations described in paragraph 3 of Part II of Schedule 5 and only when all such operations have been completed shall a vehicle be regarded as “depolluted”; “depollution” and any cognate expressions shall be construed accordingly;

“distributor” means any person that provides batteries or accumulators on a professional basis to an end-user;

“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I to the Directive[^f00024] sets out a non-exhaustive list of disposal operations);

“disposal licence” means a licence issued under Article 7 of the 1978 Order;

“electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment which is for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current;

“electric vehicle” means a vehicle which uses electricity as a source of power for propulsion and includes a vehicle which in addition uses, or is capable of using, other sources of power for this purpose;

“end-of-life vehicle” means any vehicle which is waste;

”European Waste Catalogue” means the List of Wastes as set out in the Annex to Commission Decision 2000/532/EC, as amended from time to time and as also defined in regulation 5 of the Hazardous Waste Regulations (Northern Ireland) 2005;

“EU Skills” means Energy and Utility Skills Limited;

“exempt activity” means any of the activities set out in Part I of Schedule 2;

“fibre-based composite material” means packaging material which is made of paperboard or paper fibres, with a layer of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

“impermeable pavement” means a pavement in the area where a waste recovery or storage operation takes place which is capable of containing any spillage of waste received and is connected to a drainage system with impermeable components which does not leak and which will ensure that –no liquid will run off the pavement otherwise than via the drainage system; andexcept where they may be lawfully discharged, all liquids entering the drainage system are collected in a sealed sump;

“industrial battery or accumulator” means any battery, accumulator or battery pack which is—designed exclusively for industrial or professional uses;used as a source of power for propulsion in an electric vehicle;unsealed but is not an automotive battery or accumulator; orsealed but is not a portable battery or accumulator;

“materials facility” means––a facility or part of a facility where waste material is received in order to-–separate it into specified output material; orconsolidate it into bulk quantities (whether as a first point of consolidation for such waste or following the first consolidation of bulk quantities transferred from other suppliers);for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be prepared for re-use or recycling;any reference to a “materials facility” excludes a facility or part of a facility––at which all the waste material received during a reporting period is attributable exclusively to a single supplier, unless the waste material so received is separated into specified output material at that facility;that is provided pursuant to arrangements made under section 25(1)(b) of the Waste and Contaminated Land (Northern Ireland) Order 1997;that undertakes the processing or sorting of waste electrical and electronic equipment, waste batteries or accumulators;

“Materials Facilities Code” means the Code of Practice on Sampling and Reporting at Materials Facilities issued by the Department on 31st January 2025;

“mines or quarries waste” means waste from a mine or quarry;

“operational land” has the meaning given by Article 2 of the Planning (General Development) Order (Northern Ireland) 1993[^f00031];

“plant tissue” means tissue from a plant and “plant” has the same meaning as in Article 2 of the Plant Health Order (Northern Ireland) 2006

“portable battery or accumulator” means any battery, accumulator or battery pack which—is sealed;can be hand-carried by an average natural person without difficulty; andis neither an automotive battery or accumulator nor an industrial battery or accumulator;

“recovery”—...in relation to any type of waste , means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II to the Directive ... sets out a non-exhaustive list of recovery operations;

“Relevant Waste” has the meaning given in Schedule 1A;

“recycling”—in relation to waste batteries or accumulators, means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;in relation to any other waste, means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

“resolution” means a resolution passed under Article 13 of the 1978 Order;

“re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

“scrap metal” has the meaning given by regulation 1(2) of the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002[^f00032] except, unless otherwise stated, scrap metal shall not include end of life vehicles or their components unless and until such vehicles or their components have been depolluted in accordance with Part II of Schedule 5;

“specified output material” means a batch of material (whether or not waste) that is—produced from a separating process for waste material; andmade up of one or more of the following kinds of material—glass;metal;paper;card;plastic;fibre-based composite material;

“hazardous waste” means that term as defined by regulation 6 of the Hazardous Waste Regulations (Northern Ireland) 2005;

“treatment”—in relation to waste batteries or accumulators, means any activity carried out on waste batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling or preparation for disposal;in relation to any other waste, means recovery or disposal operations, including preparation prior to recovery or disposal;

“treatment of end of life vehicles” means any activity after the end of life vehicle has been handed over to an authorised treatment facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredded wastes and any other operation carried out for the recovery and/or disposal of the end of life vehicle and its components;

“waste” means— Relevant waste;radioactive waste where it is—exempt from the requirement for authorisation by virtue of an order which was made, or has effect as if made, under section 15(2) of the Radioactive Substances Act 1993[^f00025]; andsubject to an activity falling within Schedule 2 of these Regulations and regulation 15 of the Hazardous Waste Regulations (Northern Ireland) 2005[^f00026];

“waste battery or accumulator” means any battery or accumulator which which the holder discards or intends or is required to discard;

“waste electrical and electronic equipment” or “WEEE” means electrical or electronic equipment which the holder discards or intends or is required to discard , including all components, sub-assemblies and consumables, which are part of the product at the time of discarding;

“waste material” means waste that—is household waste, or originates from a source other than household waste but is similar to household waste in terms of its nature or composition;has been separately collected (whether as a single kind of material or two or more kinds of material mixed together) for the primary purpose of preparing it for re-use or recycling; andconsists (whether wholly or in part) of any of the following kinds of material—glass;metal;paper;card;plastic;fibre-based composite material;

“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

“waterway” has the meaning given by Article 2(2) of the Water Order;

“work” includes preparatory work.

(4) For the purposes of these Regulations a person carries on business as a scrap metal dealer if he carries on a business which consists wholly or partly of buying and selling scrap metal, whether the scrap metal sold is in the form in which it was bought or otherwise, other than a business in the course of which scrap metal is not bought except as materials for the manufacture of other articles and is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any six digit code used to refer to a waste in these Regulations is a reference to that waste as specified by the six digit code in the European Waste Catalogue.

(6) In a Directive mentioned in paragraph (7) any references to a duty or function of a Member State shall be read as a reference to a duty or function of the Department.

(7) These are—

(a) the End-of-Life Vehicles Directive;

(b) the Batteries Directive;

(d) the WEEE Directive.

(8) Expressions used in both these Regulations and in a Directive mentioned in these Regulations and not otherwise defined in these Regulations have the same meaning as in that Directive immediately before IP completion day.

(9) In these Regulations a reference to an Article or Annex of a Directive is to be read as a reference to that Article or Annex as immediately before IP completion day.

Offences

2

Schedule 6 has effect to prescribe offences for the purposes of Article 3(3)(a) of the 1997 Order.

Technical competence

3

(1) Without prejudice to the European Union (Recognition of Professional Qualifications) Regulations 2015, the qualifications and experience required of a person to be considered technically competent for the purposes of Article 3(3)(b) of the 1997 Order (management of activities to be in the hands of a technically competent person), is either:

(a) an Operator Competence Certificate awarded by CIWM to carry on the specific activities which are authorised by a waste management licence; or

(b) a Competence Management System Certification awarded by EU Skills.

(2) Where it is not possible to obtain a qualification under paragraph 1(a) or (b) for any activity, the Department will assess technical competence for the purposes of Article 3(3)(b) of the 1997 order based on the knowledge and experience in waste management practice of the person seeking to manage that activity.

(3) A person who has been awarded an Operator Competence Certificate by CIWM must undertake an assessment every 24 months to ensure that competence is kept up to date.

(4) A person who has been awarded Competence Management System Certification by EU Skills must undertake an assessment every 36 months to ensure that competence is kept up to date.

(5) Where a person carries out activities without the qualifications specified in paragraph (1)(a) or (b) or an assessment of technical competence by the Department, that person will not be deemed to be a fit and proper person which may result in that person’s application being refused or their licence being revoked except where that activity is being carried out by way of an exemption from waste management licensing.

Technical competence – transitional provisions

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pre-qualification technical competence

5

(1) Where—

(a) a person has applied to

(i) CIWM for an Operator Competence Certificate to carry on the specific activities which are authorised by a waste management licence; or

(ii) EU Skills for a Competence Management System Certification;

(b) an application has been made for a waste management license to authorise activities whose management is intended to be in that person’s hands;

(c) the activities mentioned in sub-paragraph (b) are to be carried on at a facility of the same type as that in relation to which the application mentioned in sub-paragraph (a) was made; and

(d) the Department is satisfied that but for regulation 3 he would be a technically competent person,

then, in relation to the facility in respect of which the application mentioned in sub-paragraph (c) was made and until the expiry of two years from the grant of a licence pursuant to that application, regulation 3 shall not apply to that person and that person shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 order.

(2) Paragraph 1 does not include activities carried out at any type of landfill site.

Notice of appeal

6

(1) A person who wishes to appeal to the Planning Appeals Commission under Article 17 or 36(5) of the 1997 Order (appeals to the Planning Appeals Commission from decisions with respect to licences or from determinations that information is not commercially confidential) shall do so by notice in writing.

(2) The notice shall be accompanied by –

(a) a statement of the grounds of appeal;

(b) where the appeal relates to an application for a waste management licence or for the modification, surrender or transfer of a waste management licence, a copy of the appellant’s application and any supporting documents;

(c) where the appeal relates to a determination under Article 36(2) or (4) of the 1997 Order that information is not commercially confidential, the information in question;

(d) where the appeal relates to an existing waste management licence (including a waste management licence which has been suspended or revoked), a copy of that waste management licence;

(e) a copy of any correspondence relevant to the appeal;

(f) a copy of any other document relevant to the appeal including, in particular, any relevant consent, determination, notice, planning permission under the Planning (Northern Ireland) Order 1991[^f00052] or consent under the Water Order; and

(g) a statement indicating whether the appellant wishes to appear before and be heard by the Planning Appeals Commission.

(3) On receipt of an appeal the Planning Appeals Commission shall give notice of the appeal to the Department together with copies of the documents mentioned in paragraph (2).

(4) If the appellant wishes to withdraw an appeal, he shall do so by notifying the Planning Appeals Commission in writing and shall send a copy of that notification to the Department.

Time limit for making an appeal

7

Notice of appeal shall be given –

(a) in the case of an appeal under Article 17 of the 1997 Order, before the expiry of the period of 2 months beginning with –

(i) the date of the decision which is the subject of the appeal; or

(ii) the date on which the Department is deemed by Article 8(6), 10(5), 13(9) or 14(6) of the 1997 Order to have refused the application;

(b) in the case of an appeal under Article 36(5) of the 1997 Order, before the expiry of the period of 21 days beginning with the date on which the determination which is the subject of the appeal is notified to the person concerned.

Notification of determination

8

(1) The Planning Appeals Commission shall notify the appellant in writing of its decision and of its reasons.

(2) The Planning Appeals Commission shall, at the same time as notifying the appellant of its decision, send the Department a copy of any document sent to the appellant under this regulation.

Particulars to be entered in public registers

9

(1) Subject to Articles 35 and 36 of the 1997 Order and regulation 10, a register maintained by the Department under Article 34(1) of the 1997 Order shall contain full particulars of –

(a) current or recently current waste management licences (“licences”) granted by the Department and any associated working plans;

(b) current or recently current applications to the Department for licences, or for the transfer or modification of licences, including details of –

(i) documents submitted by applicants containing supporting information;

(ii) appropriate details of written representations considered by the Department under Article 8(5)(b), 9(6), 10(4) or 11(7) of the 1997 Order;

(iii) notices by the Department rejecting applications;

(iv) emergencies resulting in the postponement of references under Article 10(4)(a) of the 1997 Order;

(d) notices issued by the Department under Article 12 of the 1997 Order effecting the revocation or suspension of licences or imposing requirements on the holders of licences;

(e) notices of appeal under Article 17 of the 1997 Order relating to decisions of the Department and other documents relating to such appeals served on or sent to the Department under regulation 6(3) or (4) or 8(2);

(f) convictions of holders of licences granted by the Department for any offence under Part II of the 1997 Order (whether or not in relation to a licence) or regulation 17(1) of the 2003 Landfill Regulations including the name of the offender, the date of conviction, the penalty imposed and the name of the Court;

(g) reports produced by the Department in discharge of any functions under Article 16 of the 1997 Order, including details of –

(i) remedial or preventive action taken by the Department under Article 16(2) of the 1997 Order;

(ii) notices issued by the Department under Article 16(4) of the 1997 Order;

(h) any monitoring information relating to the carrying on of any activity under a licence granted by the Department which was obtained by the Department as a result of its own monitoring or was furnished to the Department in writing by virtue of any condition of the licence or Article 44(1) of the 1997 Order;

(i) any summary prepared by the Department of the amount of hazardous waste produced or disposed of;

(j) registers and records provided to any district council under regulation 14(5) or 15(1) of the Special Waste Regulations (Northern Ireland) 1998;

(k) applications to the Department under Article 13 of the 1997 Order for the surrender of licences, including details of –

(i) documents submitted by applicants containing supporting information and evidence;

(ii) information and evidence obtained under Article 13(4) of the 1997 Order;

(iii) appropriate details of written representations considered by the Department under Article 13(6)(b) of the 1997 Order; and

(iv) notices of determination and certificates of completion issued under Article 13(8) of the 1997 Order;

(l) reports produced under Article 73(2) of the 1997 Order by a person authorised under that Article;

(m) information on exempt activities in accordance with regulation 18(2);

(n) all particulars of any conditioning plan submitted to the Department under paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of Schedule 4 to the 2003 Landfill Regulations.

(o) all particulars of any notice of a decision under paragraph 1(6) of Schedule 4 to the 2003 Landfill Regulations;

(p) all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2003 Landfill Regulations.

(2) The register shall also contain the following –

(a) where a person authorised by the Department exercises any power under Article 72(2) of the 1997 Order, a record showing when the power was exercised and indicating what information was obtained, and what action was taken, on that occasion;

(b) where any information is excluded from the register by virtue of Article 36 of the 1997 Order and the information shows whether or not there is compliance with any condition of a waste management licence, a statement based on that information indicating whether or not there is compliance with that condition.

(3) For the purposes of this regulation, waste management licences are “recently” current for the period of twelve months after they cease to be in force, and applications for waste management licences, or for the transfer or modification of such licences, are “recently” current if they relate to a waste management licence which is current or recently current or, in the case of an application which is refused, for the period of twelve months beginning with the date on which the Department gives notice of refusal or, as the case may be, on which the application is deemed by Article 8(6), 10(5) or 14(6) of the 1997 Order to have been refused.

Information to be excluded or removed from a register

10

(1) Nothing in regulation 9(1)(g) or (l) or regulation 9(2) shall require a register maintained by the Department under Article 34(1) of the 1997 Order to contain information relating to, or to anything which is the subject-matter of, any criminal proceedings (including prospective proceedings) at any time before those proceedings are finally disposed of.

(2) Nothing in regulation 9 shall require a register maintained by the Department under Article 34(1) of the 1997 Order to contain –

(a) any such monitoring information as is mentioned in regulation 9(1)(h) after 4 years have elapsed from that information being entered in the register; or

(b) any information which has been superseded by later information after 4 years have elapsed from that later information being entered in the register.

Mobile plant

11

(1) Plant of the following descriptions, if it is designed to move or be moved by any means from place to place with a view to being used at each such place or, if not so designed, is readily capable of so moving or being so moved, but no other plant, shall be treated as being mobile plant for the purposes of Part II of the 1997 Order –

(a) an incinerator which is an exempt incinerator for the purposes of section 5.1 of Schedule 1 to the 1998 Regulations or Section 5.1 of Part I of Schedule 1 to the 2003 Regulations;

(b) plant for –

(i) the recovery, by filtration or heat treatment, of waste oil from electrical equipment;

(ii) the destruction by dechlorination of waste polychlorinated biphenyls or terphenyls (PCBs or PCTs);

(iii) the collection or storage of a controlled substance from any waste product, installation or equipment;

(d) plant for the treatment of clinical waste;

(e) plant for the treatment of waste soil;

(f) plant for the dewatering of muds, sludges, soils and dredgings;

(g) plant for the treatment by lime stabilisation of sludge;

(h) plant for the treatment of contaminated material, substances or products, for the purpose of remedial action with respect to land or a waterway;

(i) plant for the crushing of gas discharge lamps.

(2) In this regulation “controlled substance” means any one of the following: – chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1.1.1 trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons.

Health at work

12

(1) With the exception of a Ship Recycling Permit, no conditions shall be imposed in any waste management licence, disposal licence or resolution for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work (Northern Ireland) Order 1978 ).

(2) In this regulation “Ship Recycling Permit” means a waste management licence granted under Article 6 (Waste management licences: general) of the Waste and Contaminated Land (Northern Ireland) Order 1997 or a permit granted under regulation 10 (Permits: general provisions) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 to ensure compliance with Articles 13 to 15 of Regulation (EU) No. 1257/2013 of the European Parliament and of the Council on ship recycling .

Waste oils

13

(1) Where a waste management licence, disposal licence or resolution authorises the regeneration of waste oil, it shall include conditions which ensure that base oils derived from regeneration do not constitute a toxic and dangerous waste and do not contain PCBs or PCTs at all or do not contain them in concentrations beyond a specified maximum limit which in no case is to exceed 50 parts per million.

(2) Where a waste management licence, disposal licence or resolution authorises the keeping of waste oil, it shall include conditions which ensure that it is not mixed with toxic and dangerous waste or PCBs or PCTS.

(3) In this regulation –

“PCBs or PCTs” means polychlorinated biphenyls, polychlorinated terphenyls and mixtures containing one or both of such substances; and

“toxic and dangerous waste” means any waste containing or contaminated by arsenic, arsenic compounds, mercury, mercury compounds, cadmium, cadmium compounds, thallium, thallium compounds, beryllium, beryllium compounds, chrome 6 compounds, lead, lead compounds, antimony, antimony compounds, phenols, phenol compounds, cyanides, organic and inorganic isocyanates, organic-halogen compounds, excluding inert polymeric materials and other substances referred to in this list or covered by other Directives concerning the disposal of toxic or dangerous waste, chlorinated solvents, organic solvents, biocides and phyto-pharmaceutical substances, tarry materials from refining and tar residues from distilling, pharmaceutical compounds, peroxides, chlorates, perchlorates and azides, ethers, chemical laboratory materials, not identifiable and/or new, whose effects on the environment are not known, asbestos (dust and fibres), selenium, selenium compounds, tellurium, tellurium compounds, aromatic polycyclic compounds (with carcinogenic effects), metal carbonyls, soluble copper compounds, acids and/or basic substances used in the surface treatment and finishing of metal; of such a nature, in such quantities or in such concentrations as to constitute a risk to health or the environment.

Groundwater

14

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Amendments to the Groundwater Regulations (Northern Ireland) 1998

15

(1) The Groundwater Regulations (Northern Ireland) 1998[^f00055] shall be amended as follows.

(2) In regulation 2(1) (Interpretation) –

(a) after the definition of direct discharge add –

“existing disposal licence” and “existing resolution of a district council” shall have the meanings given by Article 47(1) of the Waste and Contaminated Land (Northern Ireland) Order 1997;

and

(b) at the end add –

“waste management licence” means a waste management licence issued under the Waste and Contaminated Land (Northern Ireland) Order 1997.

(3) At the end of regulation 3 (Exclusions from these Regulations) add –

(d) any activity for which a waste management licence has been granted or in respect of which an existing disposal licence or an existing resolution of a district council subsists.

Exclusion of activities under other control regimes from waste management licensing

16

(1) Subject to paragraph (2), Article 4(1)(a), (b) and (c) of the 1997 Order shall not apply in relation to the carrying on of any of the following activities –

(a) the deposit in or on land, recovery or disposal of waste under an authorisation granted under the Industrial Pollution Control Order where the activity is or forms part of a process designated for integrated central control under Article 3(4) of that Order;

(b) the disposal of waste under an authorisation granted under the Industrial Pollution Control Order where the activity is or forms part of a process within paragraph (a) of Part C of Section 5.1 (incineration) of Schedule 1 to the 1998 Regulations in so far as the activity results in releases of substances into the air;

(c) the deposit in or on land, recovery or disposal of waste under a permit granted under the 2003 Regulations to operate a Part A installation;

(d) the disposal of waste under a permit granted under the 2003 Regulations where the activity is or forms part of an activity within paragraph (a) or (b) of Part C of section 5.1 (incineration) of Part I of Schedule 1 to those Regulations in so far as the activity results in the release of substances into the air;

(e) the discharge of liquid waste under a consent under the Water Order or the Water and Sewerage Services (Northern Ireland) Order 1973; ...

(f) 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 1985[^f00056]; or

(ii) carried on in circumstances where such a licence would be required but for an order under section 7 of that Act ; or

(iii) the subject of a licence under Part 4 of the Marine and Coastal Access Act 2009 ; and

(g) the disposal of agricultural waste in or on land under an authorisation under regulation 17 of the Groundwater Regulations (Northern Ireland) 1998.

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

(2A) Paragraph (1)(f)(iii) does not apply to a working dry dock area within a port regulated by a harbour order under the Harbours Act (Northern Ireland) 1970.

(3) In paragraph (1)(c) “Part A installation” has the meaning given by regulation 2(2) of the 2003 Regulations.

Exemptions from waste management licensing

17

(1) Subject to the following provisions of this regulation and of regulations 18, 19 and 20 and to any conditions or limitations in Part I of Schedule 2, Article 4(1)(a) and (b) of the 1997 Order shall not apply in relation to the carrying on of any exempt activity.

(2) In the case of an exempt activity which is carried out on land, paragraph (1) only applies if –

(a) the exempt activity is carried on by or with the consent of the occupier of the land where the activity is carried on; or

(b) the person carrying on the exempt activity is otherwise entitled to do so on that land.

(3) Unless otherwise indicated in Part I of Schedule 2, paragraph (1) does not apply to the carrying on of an exempt activity in so far as it involves hazardous waste or treatment of end of life vehicles.

(3A) Unless otherwise indicated in Part I of Schedule 2, paragraph (1) above does not apply to the carrying out of an exempt activity in so far as it involves the storage or treatment of WEEE or waste batteries or accumulators.

(4) Paragraph (1) only applies in relation to an exempt activity by an establishment or undertaking if –

(a) the type and quantity of waste submitted to the activity, and the method of disposal or recovery of waste is consistent with the need to attain the objectives mentioned in paragraph 4(1)(a) of Part I of Schedule 3;

(b) any information required under regulation 18(3) and 18(5) has been sent to the Department in the manner specified therein; and

(5) Subject to paragraph (6), paragraph (1) shall not apply to any exempt activity if that activity is carried out or is proposed to be carried out in or on land which is in the occupation of a person who is the holder of a licence for that land.

(6) Paragraph (5) shall not apply where the establishment or undertaking has received written approval from the Department for the activity in question.

(7) For the purposes of paragraph (5), any reference to a licence shall include a reference to an existing disposal licence or an existing resolution of a district council as defined in Article 47(1) of the 1997 Order.

(8) Paragraph (4)(b) and regulations 18 to 20 shall not apply to exempt activities which are set out in paragraphs 27, 32, 33, 35, 37, 38, 39, 41, 42 or 43 of Part I of Schedule 2.

Registration in connection with exempt activities

18

(1) It shall be an offence for an establishment or undertaking to carry on, after 19th June 2004, an exempt activity without being registered with the Department.

(2) Subject to paragraph (3), the register maintained under Article 34(1) of the 1997 Order shall contain the following particulars in relation to each such establishment or undertaking which carries on an exempt activity –

(a) the name and address of the establishment or undertaking, its telephone number and, if applicable, fax number and e-mail address;

(b) the activity which constitutes the exempt activity;

(d) a copy of any information received by the Department under paragraphs (3) and (5).

(3) Subject to paragraphs (4), (4A), (5), (5A) and (5B), the Department shall enter the particulars referred to in paragraph (2) in the register in relation to an establishment or undertaking if it receives notice of them in writing and –

(a) that notice is provided to it by or on behalf of that establishment or undertaking;

(b) that notice is accompanied by a plan of each place at which any such exempt activity is carried on showing –

(i) the boundaries of that place;

(ii) the locations within that place at which the exempt activity is to be carried on;

(iii) the location and specifications of any impermeable pavements, drainage systems or hardstandings as are required by a relevant paragraph of Part I of Schedule 2.

(c) that notice contains the correct 6 figure Ordnance Survey Irish grid reference showing the location of each place referred to in sub-paragraph (b);

(d) that notice is accompanied by payment, in respect of each place where any such exempt activity is being carried on, of any fee that may be required under regulation 20B; and

(e) the registration has not been refused under regulation 20.

(4) Paragraph 3(b) and (c) shall not apply to the exempt activity set out in paragraph 31 of Part I of Schedule 2 or where the waste which is the subject of the exempt activity consists of agricultural waste.

(4A) Paragraph (3)(d) shall not apply to an exempt activity where the waste which is the subject of the exempt activity consists of agricultural waste.

(5) In the case of exempt activities set out in paragraph 9, 10, 11, 13, 19, or 45 of Part I of Schedule 2, except where the waste which is the subject of the exempt activity consists of agricultural waste, any additional information specified in Part II of that Schedule shall be entered in the register.

(5A) In the case of exempt activities set out in paragraphs 9, 10, 11, 25 or 47A of Part I of Schedule 2, where the waste which is the subject of the exempt activity consists of agricultural waste or in any event where the activity is carried out under paragraph 25 the establishment or undertaking shall provide to the Department details of the benefit to agriculture or ecological improvement in accordance with Part III of Schedule 2 and these details shall be entered in the register.

(5B) In the case of an exempt activity falling within paragraph 49 of Part I of Schedule 2 the Department shall enter the relevant particulars in relation to an establishment or undertaking only if it has carried out an inspection of the place at which the exempt activity is to be carried on in accordance with sub-paragraph (4A) of paragraph 13 of Schedule 3 and is satisfied as to the particulars to be verified under that sub-paragraph.

(6) Subject to paragraph (7), the information to be notified to the Department shall be given in writing no later than 28 days before any exempt activity is carried out on the relevant land.

(7) In the case of an exempt activity set out in paragraph 47 of Part I of Schedule 2, the necessary information shall be notified to the Department as soon as is practicable.

(8) Subject to paragraph (9), the registration of an exempt activity shall cease to have effect on the expiry of the period of 3 years beginning with and including the date of the registration or the date of renewal under paragraph (11).

(9) In the case of exempt activities set out in paragraphs 9, 10, 11, 13, 19, 45, 46 , 47 and 49 to 52 of Part I of Schedule 2, paragraph (8) shall have effect as if for “3 years” there is substituted “1 year”.

(10) The Department shall, no later than 2 months before the expiry of the periods mentioned in paragraphs (8) and (9), serve on a registered establishment or undertaking a notice specifying –

(a) the date on which the registration will expire; and

(b) the effect of the expiry of the registration.

(11) The Department shall renew the particulars registered in respect of an exempt activity at the date of expiry of the previous registration relating to such activity (“the expiry date”) if no later than 28 days before the expiry date the establishment or undertaking carrying on such activity –

(a) serves written notice on the Department of its desire to renew the registration;

(b) pays on or before the expiry date the fee required under regulation 20B for such renewal;

(d) if there are any such changes, specifies in such notice the details of the changes and provides the amended documents and/or plans as may be required under paragraphs (3) and (5) in relation to the activity.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) On entering the particulars referred to in paragraph (2) in the register referred to in paragraph (2) the Department shall issue to the establishment or undertaking to whom the particulars relate, a notice confirming that such particulars have been so registered and giving the date of entry of such particulars on the register.

(14) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Registration obligations

19

(1) Subject to paragraph (2), in the case of an exempt activity set out in the first column of Part II of Schedule 2, the relevant obligations set out in the second column of that Schedule (“the registration obligations”) shall apply to the registration of that activity.

(2) The Department may notify an establishment or undertaking in writing that some or all of the information required by regulation 18 or any fee required does not need to be included with any notification under that regulation.

(3) Without prejudice to any requirement to keep records under paragraph 14 of Part I of Schedule 3, an establishment or undertaking carrying out an exempt activity to which this regulation applies, shall keep copies of the plans and documents specified in Part II of Schedule 2 for a period of at least 2 years.

Refusal, revocation and cessation of registration

20

(1) The Department may refuse to register an exempt activity in the event that the activity or, as the case may be, the content of the notification under regulation 18 does not comply with any requirements of regulations 17(4), 18(2) and 18(3) or any conditions or limitations set out in respect of the exempt activity in regulation 19(1) and 19(2) and in Parts I and II of Schedule 2.

(2) Where the Department has refused to register an activity under paragraph (1), it shall serve a notice on the establishment or undertaking stating that the registration has been refused and giving the reasons for its decision.

(3) Subject to paragraph (3A) unless the Department has within the period of 28 days from the date on which it received a notice under regulation 18(3), either –

(a) entered the relevant particulars in the register in relation to the establishment or undertaking which submitted the notice; or

(b) served on it a notice of refusal stating that registration is refused and giving reasons for that decision,

those particulars shall be entered in the register at the end of that 28 day period.

(3A) In the case of an exempt activity falling within paragraph 49 of Part I Schedule 2, unless the Department has within two months from the date on which it received a notice under regulation 18(3), either:

(i) entered the relevant particulars in the register in relation to the establishment or undertaking that submitted the notice; or

(ii) served on it a notice of refusal stating that registration is refused and giving the reasons for the decision,

those particulars shall be entered in the register at the end of the two month period.

(4) If an establishment or undertaking fails to supply all of the information required under regulations 18 and 19, the 28-day period referred to in paragraph (3) shall commence on the date on which the Department receives all of that information.

(5) Subject to paragraphs (6) and (7), the Department may revoke the registration of an exempt activity where it is satisfied that –

(a) the establishment or undertaking to which the relevant entry relates no longer exists or has ceased to carry out that activity; or

(b) the activity is no longer being carried out in compliance with the conditions or limitations of the relevant paragraph of Part I of Schedule 2 or with the relevant provisions of regulation 17(2) or (4);

(d) in the case of an exempt activity falling within paragraph 49 of Part I Schedule 2 where the competent authority has carried out an inspection in accordance with sub-paragraph (4A) of paragraph 13 of Schedule 3 and the particulars required to be verified under that sub-paragraph are not met.

(6) Before revoking a registration, the Department shall serve on the establishment or undertaking carrying out the exempt activity, a notice (“a revocation notice”) stating that the registration is to be revoked and giving reasons for the decision.

(7) The revocation notice shall specify a date on which the revocation is to take place, which shall be at least 28 days after the date on which the notice is served.

(8) Subject to paragraph (9), details of registrations which have expired or which have been revoked under paragraph (5) shall remain on the register for a period of 4 years from the date of expiry or revocation.

(9) An entry retained on the register under paragraph (8) shall be appropriately marked to show that it has expired or been revoked.

(10) Nothing in this regulation shall prejudice the effect of the registration of the establishment or undertaking in respect of the period ending on the date on which the relevant entry is revoked or otherwise cancelled.

Waste Framework Directive

21

Schedule 3 ... shall have effect.

Registration of brokers

22

(1) Subject to paragraphs (2) to (4), it shall be an offence for an establishment or undertaking to arrange as a broker or dealer for the disposal or recovery of controlled waste on behalf of another person unless it is a registered broker of or dealer in controlled waste.

(2) Paragraph (1) shall 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 a waste management licence under Article 6 of the 1997 Order, a disposal licence, a resolution, an authorisation under Articles 6 to 12 of the Industrial Pollution Control Order, a permit under the 2003 Regulations, a discharge consent under Article 9 of the Water Order, a licence under Part II of the Food and Environment Protection Act 1985 or a marine licence under section 65 of the Marine and Coastal Access Act 2009; or

(b) the recovery of the waste is covered by an exemption conferred by –

(i) regulation 17(1) and Part I of Schedule 2; or

(ii) Article 4 of the Marine Licensing (Exempted Activities) Order 2011.

(3) Paragraph (1) shall not apply in relation to an arrangement for the disposal or recovery of controlled waste made by a person who is registered as a carrier of controlled waste, or who is registered for the purposes of paragraph 12(1) of Part I of Schedule 3, if as part of the arrangement he transports the waste to or from any place in Northern Ireland.

(4) Paragraph (1) shall not apply to –

(a) a Government Department;

(b) a district council; or

(i) is a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964[^f00058];

(ii) is a voluntary body within the meaning of section 148 of the Local Government Act (Northern Ireland) 1972[^f00059];

(iii) applies before 19 August 2004 in accordance with Schedule 4 for registration as a broker of controlled waste but only whilst its application is pending (and paragraph 1(2) and (5) of Schedule 4 shall apply for the purpose of determining whether an application is pending);

(iv) arranges on behalf of another person (as dealer or broker) for the disposal or recovery of agricultural waste or mines or quarries waste only; or

(v) arranges on behalf of another person (as dealer or broker) for the disposal or recovery of waste comprising animal by-products only.

(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale;

(6) Article 78 of the 1997 Order shall apply in relation to an offence under this regulation as it applies in relation to an offence under that Order.

(7) Schedule 4 (which makes provision for the registration of brokers or dealers of controlled waste) shall have effect.

(8) Articles 44(1) and (2) and 72 of the 1997 Order (power to obtain information and powers of enforcing authorities) shall have effect as if the provisions of this regulation and Schedule 4 were provisions of Part II of that Order.

Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Special Waste Regulations (Northern Ireland) 1998

24

(1) The Special Waste Regulations (Northern Ireland) 1998[^f00060] shall be amended as follows.

(2) In regulation 1(4) the following definitions shall be inserted at the appropriate places –

“the 2003 Regulations” means the Waste Management Licensing Regulations (Northern Ireland) 2003;

“waste management licence” shall include a disposal licence and a resolution passed under Article 13 of the 1978 Order;.

(3) In regulation 14 (registers), for paragraphs (5), (6) and (7) there shall be substituted the following –

(5) Subject to paragraphs (6) and (7), consignment notes and carrier’s schedules required by paragraph (3) to be kept by a person shall be retained until his waste management licence for the site in question is surrendered or revoked entirely, at which time he shall send the register to the Department for the site; and the Department shall retain the register for not less than three years after its receipt. (6) Where, by virtue of regulation 16(1)(a) or (b) of the 2003 Regulations, Article 4(1)(a), (b) and (c) of the 1997 Order does not apply to any of the activities carried on at a site at which special waste is received, paragraph 5 shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his authorisation under the Industrial Pollution Control (Northern Ireland) Order 1997 for the site in question. (6A) Where, by virtue of regulation 16(1)(c) or (d) of the 2003 Regulations, Article 4(1)(a), (b) and (c) of the 1997 Order does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 for the site in question. (7) Where, in circumstances other than those mentioned in paragraph (6) or (6A), Article 4(1)(a) and (b) of the 1997 Order does not apply to any of the activities carried on at a site at which special waste is received, each consignment note and carrier’s schedule required to be kept in a register shall be kept in that register for not less than three years from the date on which the consignment of special waste to which it relates was received at the site to which it was transported.

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

25

(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[^f00061] shall be amended as follows.

(2) In regulation 1(2), the following definitions shall be inserted at the appropriate place –

“the 2003 Regulations” means the Waste Management Licensing Regulations (Northern Ireland) 2003;

“the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption as amended by and as read with –Commission Regulation (EC) No. 808/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption;Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures;Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs;Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil;Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood;Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants; andCommission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcasses containing them;”.

(3) For regulation 2(1)(d) there shall be substituted –

(d) any wholly owned subsidiary of the Northern Ireland Railways Company Limited which has applied in accordance with these Regulations for registration as a carrier of controlled waste but only – (i) if it is registered under paragraph 12 of Part I of Schedule 3 to the 2003 Regulations; and (ii) whilst its application is pending.

(4) For regulation 2(1)(j), there shall be substituted –

(d) subject to paragraph (1A) a person transporting animal by-products provided that such transportation – (i) is by the holder of an approval in accordance with the Community Regulation; (ii) is in connection with the activity to which that approval relates; and (iii) only involves waste which is animal by-products.

(5) After regulation 2(1), there shall be inserted –

(1A) Regulation 2(1)(j) shall not apply to the transportation of animal by-products – (a) for the purposes of their final deposit in or on land or for the purposes of their incineration or co-incineration; (b) which are dead domestic pets; or (c) which comprise or contain either catering waste or waste which is former foodstuffs unless such waste is to be fed to animals in accordance to Article 23(2) of the Community Regulation. (1B) For the purpose of paragraph (1A), the reference to feeding waste to animals shall be taken to include a reference to feeding such waste to maggots.

(6) In regulation 2(2) –

(a) for the definition of “animal by-products” there shall be substituted –

“animal by-products” has the meaning given by Article 2 of the Community Regulation;

; and

(b) the following definitions shall be inserted at the appropriate places –

“catering waste”, “incineration” and “co-incineration” shall have the meaning set down in Annex I to the Community Regulation;

“former foodstuffs” are those animal by-products referred to in Article 6(1)(f) of the Community Regulation;

“wholly owned subsidiary” has the same meaning as in Article 4 of the Companies (Northern Ireland) Order 1986.

(7) After regulation 4(6), there shall be inserted the following paragraphs –

(6A) Where an applicant wishes to apply to be registered both as a broker and as a carrier of controlled waste, he may make a combined application on a form provided by the Department for that purpose. (6B) Where an applicant wishes to apply both for the renewal of his registration as a broker of controlled waste and for the renewal of his registration as a carrier of controlled waste, he may make a combined application on a form provided by the Department for that purpose.

(8) For regulation 4(7), there shall be substituted –

(7) The Department shall provide a copy of the appropriate application form free of charge to any person requesting one.

(9) For regulation 4(8), there shall be substituted –

(8) The Department shall charge an applicant in respect of its consideration of his application – (a) subject to paragraph (c), in the case of either an application for registration as a carrier of controlled waste or a combined application for registration as both a carrier and broker of controlled waste, £120; (b) in the case of either an application for the renewal of a registration as a carrier of controlled waste or a combined application for renewal of registration both as a carrier and as a broker of controlled waste, £60; (c) in the case of an application by a registered broker of controlled waste for registration as a carrier of controlled waste, £30, and the applicant shall pay the charge when he makes his application.

(10) After regulation 4(10) there shall be inserted –

(11) In this regulation – - “broker of controlled waste” has the same meaning as in regulation 22 of, and Schedule 4 to, the 2003 Regulations;

End of Life Vehicles Directive

26

(1) Schedule 5 ... shall have effect.

(2) A waste management licence or a disposal licence for the storage or treatment of end of life vehicles shall be granted on terms and subject to conditions that meet the requirements of Schedule 5 and, where necessary, the Department shall issue or vary the conditions of a licence to require that the conditions of Schedule 5 apply to the storage or treatment of any waste motor vehicle of any type or description or to end of life vehicles in accordance with the provisions of assimilated law and its measures to protect the environment and prevent harm to human health.

(3) A waste management licence shall not be granted to an applicant for a waste management licence that includes the storage and treatment of end of life vehicles unless the Department is satisfied that the applicant will become the person having control over the storage and treatment of those vehicles in the event of a licence being granted and that the applicant will ensure that any treatment will comply with conditions attached to the licence including the requirements of Schedule 5.

(4) Any establishment or undertaking carrying on the treatment of end of life vehicles in accordance with a waste management licence or a disposal licence and the requirements of Schedule 5 shall be referred to as an authorised treatment facility.

Revocations

27

(1) The Waste Collection and Disposal Regulations (Northern Ireland) 1992[^f00062] in so far as not already revoked are hereby revoked.

(2) The Waste Collection and Disposal (Amendment) Regulations (Northern Ireland) 1997[^f00063] are hereby revoked.

SCHEDULE1

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 — EXEMPTIONS FROM WASTE MANAGEMENT LICENSING

PART I — activities exempt from waste management licensing

1

(1) The use, under an authorisation granted under the Industrial Pollution Control Order, of waste glass as part of a process within Part B of section 3.5 (glass manufacture and production) of Schedule 1 to the 1998 Regulations if the total quantity of waste glass so used in that process does not exceed 600,000 tonnes in any period of twelve months.

(2) The storage, at the place where the process is carried on, of any such waste which is intended to be so used.

2

(1) The use, under a permit under the 2003 Regulations, of waste glass as part of an activity within Part B of section 3.3 (the manufacture of glass and glass fibre) of Part I of Schedule 1 to the 2003 Regulations if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months.

(2) The storage, at the place where the activity is carried out, of any such waste which is intended to be so used.

3

(1) The operation, under an authorisation granted under the Industrial Pollution Control Order, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of a process within paragraphs (b), (e) or (f) of Part B or paragraphs (a), (b) or (d) of Part C of section 2.1 (iron and steel), or paragraphs (a), (b) or (c) of Part B or paragraphs (a) or (b) of Part C of section 2.2 (non-ferrous metals), of Schedule 1 to the 1998 Regulations.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer), of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

4

(1) The operation, under a permit under the 2003 Regulations, of a scrap metal furnace with a designed holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a), (b) or (d) of Part C of Section 2.1 (ferrous metals), or paragraph (a) of Part B or paragraph (a) or (b) of Part C of section 2.2 (non-ferrous metals), of Part I of Schedule 1 to the 2003 Regulations.

(2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1).

(3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer), of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

5

The carrying on of any of the following operations—

(a) burning as a fuel at a rate of less than one tonne per hour, under an authorisation granted under the Industrial Pollution Control Order or a permit under the 2003 Regulations, of—

(i) straw (02 01 03), poultry litter (02 01 06) or wood (02 01 07); or

(ii) solid fuel which has been manufactured from waste by a process involving the application of heat (19 12 10),

to the extent that it is or forms part of a process within Part B or Part C of any section of Schedule 1 to the 1998 Regulations, or an activity within Part B or Part C of any Section of Part 1 of Schedule 1 to the 2003 Regulations and the feeding of such waste into an appliance in which it is to be so burned;

(b) the secure storage on any premises of any waste mentioned in sub-paragraph (a) which is intended to be burned as mentioned in that sub-paragraph if—

(i) no more than 25 tonnes is stored at any one time; and

(ii) no waste is stored there for longer than 1 year.

6

(1) The cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it or they can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.

(2) The storage of waste in connection with the carrying on of any activities described in sub-paragraph (1) if that storage is at the place where the activity is carried on unless –

(a) the total quantity of such waste stored at that place exceeds 1,000 tonnes; or

(b) more than 1 tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.

7

(1) Burning waste as a fuel in an appliance if the appliance has a net rated thermal input of less than 0.4 megawatts or, where the appliance is used together with (whether or not it is operated simultaneously with) other appliances, the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

(2) The secure storage on the premises where the burning is to take place of waste intended to be submitted to such burning.

(3) In this paragraph, “net rated thermal input”, means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

8

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9

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