Regulation 26 Exemptions in relation to carriers

(1)

The following are not required to be a registered carrier of controlled waste for the purposes of section 1 of the Control of Pollution (Amendment) Act 1989—

(a)

a carrier who is a specified person and who does not normally and regularly transport controlled waste;

(b)

the operator of a vessel, aircraft, hovercraft, floating container or vehicle, in relation to its use, after it has been loaded with waste in circumstances in which a marine licence is required or would be required but for a marine exemption order for transporting the waste in order to carry out a specified marine operation.

(2)

In paragraph (1)(b)—

“marine licence” means—
1. (a)
  
  a licence under Part 2 of the Food and Environment Protection Act 1985; or
2. (b)
  
  a marine licence under Part 4 of the Marine and Coastal Access Act 2009;
“marine exemption order” means an order under—
1. (a)
  
  section 7 of the Food and Environment Protection Act 1985 (exemptions from licensing)^f1; or
2. (b)
  
  section 74 of the Marine and Coastal Access Act 2009 (which provides for exemptions from marine licensing);
“specified marine operation” means an operation mentioned in—
1. (a)
  
  section 5 or 6 of the Food and Environment Protection Act 1985 (deposits in the sea or incineration)^f2; or
2. (b)
  
  an item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009 (which specifies licensable marine activities).

Annotations

Footnotes

f1: Section 7(1) was amended by S.I. 1999/1756, article 2 and paragraph 10 of the Schedule.
f2: Sections 5 and 6 were amended by the Environmental Protection Act 1990 (c. 43), sections 146 and 162 and Part 8 of Schedule 16. Section 5 was also amended by section 1(1) and Part 2 of Schedule 1 to the Statute Law (Repeals) Act 1993 .