Regulation 5 Amendment to regulation 4 (exempt facilities and the application of section 33(1)(a) of the 1990 Act)

In regulation 4(3)^f1, for sub-paragraph (a) substitute—

“(a)

does not apply to an operation which—

(i)

in relation to Wales—

(aa)

falls within a description in Part 5 of Schedule 3, and

(bb)

meets the conditions specified in that Part for that description, and

(ii)

in relation to England—

(aa)

relates to the temporary storage of waste pending collection, and

(bb)

meets the exemption conditions applicable to the activity in question.”.

Annotations

Footnotes

f1: Section 33(1)(a) of the Environmental Protection Act 1990 (c. 43) prohibits waste “deposits” which are not authorised by an appropriate permit or as an “exempt waste operation” under regulation 5 of the EPR 2016 for waste operations which fall within the Waste Framework Directive (as defined in regulation 3 of the EPR 2016). Regulation 4 of the EPR 2016 disapplies section 33(1)(a) in relation to specified deposits, including temporary storage operations, which do not constitute waste operations for the purposes of the Waste Framework Directive.