The Waste Management Licensing (Amendment) (Wales) Regulations 2003

Made: 18th March 2003

Coming into force: 1st April 2003

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by sections 33(3) and 74(6)[^f00001] of the Environmental Protection Act 1990[^f00002] and now exercisable by the National Assembly for Wales[^f00003], and having had regard in particular, in exercising its powers under section 33(3) of that Act, to the matters specified in section 33(4) of that Act, hereby makes the following Regulations:

Citation, commencement and application

1

• (1) These Regulations may be cited as the Waste Management Licensing (Amendment) (Wales) Regulations 2003 and come into force on 1st April 2003.

• (2) These Regulations apply to Wales.

Amendment of the Waste Management Licensing Regulations 1994

2

The Waste Management Licensing Regulations 1994[^f00004] are hereby amended in accordance with the following provisions of these Regulations.

Interpretation – scrap metal dealer

3

In regulation 1(3)[^f00005], for the definition of “scrap metal” there is substituted the following—

• “scrap metal dealer” has the meaning given by section 9(1), and “scrap metal” has the meaning given by section 9(2), of the Scrap Metal Dealers Act 1964(fn);

4

In relation to the substituted definition in regulation 1(3) there is inserted in the appropriate place the following footnote—

(fn) 1964 c. 69. Section 9(1) was amended by section 43 of, and paragraph 2 of the Schedule to, the Vehicles (Crime) Act 2001 (c. 3). There are other amendments to that Act not relevant to these Regulations.

Technical competence

5

For regulation 4[^f00006] there is substituted the following—

(4) (1) Subject to paragraph (2) of this regulation and regulation 5 below, and without prejudice to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulation 2002(fn), Schedule 1A has effect to prescribe for the purposes of section 74(3)(b) of the 1990 Act (management of activities to be in the hands of a technically competent person) the qualifications required of a person if that person is to be considered technically competent in relation to a facility of a type listed in Table 1 of that Schedule. (2) Paragraph (1) does not apply in relation to a facility which is used exclusively for the purpose of— (a) carrying on business as a scrap metal dealer; (b) dismantling motor vehicles; or (c) the burial of dead domestic pets.

6

In relation to the substituted regulation 4 there is inserted in the appropriate place the following footnote—

(fn) S.I. 2002/2934, implementing Council Directive 92/51/EEC on a second general system for the recognition of professional education and training. Part 1 of Schedule 2 (Professions Regulated by Law or Public Authority) designates the Waste Management Industry Training and Advisory Body as the authority for certified technically competent persons.

Transitional provision

7

In regulation 5, the following paragraph is added at the end—

(8) Where— (a) a person was technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a type of facility immediately prior to the coming into force of the Waste Management Licensing (Amendment) (Wales) Regulations 2003 (“the 2003 Regulations”) (whether or not the management of a facility of that type was in the hands of that person at that time); and (b) that person would, in order to manage a facility of that type, be required to obtain a new certificate in order to remain technically competent in relation to thereto as a result of the 2003 Regulations then, until 31 March 2005, that person shall be treated as technically competent in relation to a facility of that type for the purposes of section 74(3)(b) of the 1990 Act.

Insertion of Schedule 1A

8

There is inserted into the Waste Management Licensing Regulations 1994, after Schedule 1, the schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00007]

D.Elis-Thomas — Presiding Officer of the National Assembly — 18th March 2003

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for the qualifications to be required of a person to manage activities authorised by a waste management licence, if the holder of the licence is to be considered a fit and proper person pursuant to section 74 of the Environmental Protection Act 1990 (c. 43).

The qualifications recognised for the purposes of section 74 are treated by regulation 4(5)(b) of the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973) as those recognised for the purposes of permits for a waste management activity granted pursuant to those Regulations. These permits include landfill permits granted pursuant to the Landfill (England and Wales) Regulations 2002 (S.I. 2002/1559).

The qualifications are granted by the Waste Management Industry Training and Advisory Board (WAMITAB), Peterbridge House, 3, The Lakes, Northampton, NN4 7HE (Tel: 01604 231950, Fax: 01604 232457, Email: info.admin@wamitab.org.uk, Website: www.wamitab.org.uk).

These Regulations replace regulation 4 of the Waste Management Licensing Regulations 1994 (S.I. 1994/1056 (“the principal Regulations”), as extended by S.I. 1996/234 and S.I. 1997/2203) thereby giving recognition to changes in the system of WAMITAB certificates with effect from 1st April 2003 (regulation 5).

The regulations also add a new paragraph (8) to regulation 5 (technical competence - transitional provisions) of the principal Regulations (regulation 7). This enables a person who is, immediately before these Regulations come into force, technically competent in relation to a type of facility (whether or not that person manages a facility of that type at the time) to remain technically competent in relation to facilities of that type until 31 March 2005.

A new Schedule 1A to the principal Regulations is introduced, setting out the facilities for the management of which WAMITAB certificates are required and the appropriate range of certificates for each type of facility (regulation 8 and the Schedule).

The Regulations also amend regulation 1(3) of the 1994 Regulations to provide a definition of “scrap metal dealer” (regulation 3).

Footnotes

[^f00001]: Section 74(6) enables regulations to be made prescribing the qualifications and experience required of a person for the purposes of the management of an activity authorised by a waste management licence granted under section 35. The qualifications and experience so prescribed are treated by regulation 4(5)(b) of S.I. 2000/1973 (which applies to England and Wales and which amended regulation 1 of S.I. 1994/1056) as the qualifications and experience required of a person for the purposes of technical competence to manage a waste management activity authorised by a permit under Part II of that instrument (which implements Council Directive 96/61/EC concerning integrated pollution prevention and control (OJ No. L 257, 10.10.96, p.26)). The extension of that instrument to landfills by regulation 6 of S.I. 2002/1559 (which applies to England and Wales and which implements Council Directive 99/31/EC on the landfill of waste (OJ No. L 182, 17.7.99, p.1)) has the effect that the qualifications and experience prescribed pursuant to section 74(6) apply to persons managing a landfill pursuant to a landfill permit.

[^f00002]: 1990 c. 43.

[^f00003]: The functions of the Secretary of State were transferred to the National Assembly for Wales, in relation to Wales, by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1.

[^f00004]: S.I. 1994/1056. These Regulations were last amended (in relation to England and Wales) by regulation 6 of S.I. 2002/2980.

[^f00005]: There are amendments to regulation 1 not relevant to this amendment.

[^f00006]: Regulation 4 was amended by S.I. 1996/634 and 1997/2203.

[^f00007]: 1998 c. 38.

[^f00008]: The Waste Management Industry Training and Advisory Board (WAMITAB) is a private law body which was set up in 1989 by the waste management industry.

[^f00009]: 1978 c. 3.

[^f00010]: S.I. 2002/1559.

[^f00011]: OJ No. L 377, 31.12.1991, p.20.

[^f00012]: OJ No. L 168, 2.7.1994, p.28.

[^f00013]: 1968 c. 67; section 130 is amended by paragraph 3(7) to (10) of Schedule 1, and Schedule 2, to the Animal Health and Welfare Act 1984 (c. 40).

[^f00014]: Section 58 is amended by section 1 of the Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28).