Division 1 Competent authorities

The following shall be taken into consideration:

1. (a)

   the availability, for F1each part of the United Kingdom and for the full range of F2mining waste facilities, of competent authorities in charge of inspections;

2. (b)

   the independence of the competent authorities and their capacity to fulfil all tasks necessary for carrying out the inspections;

3. (c)

   the powers of the competent authorities to carry out inspections, including their right to enter facilities and examine relevant material assets, documents and electronic data;

4. (d)

   the sufficiency of the resources, personnel and equipment available to the competent authorities in order to carry out inspections;

5. (e)

   the arrangements the competent authorities have in place for co-operation and co-ordination of their activities with other relevant authorities, in particular other authorities with responsibilities in relation to compliance with permits required under F3... environmental legislation that is applicable or relevant to the F4mining waste facilities;

6. (f)

   the level of knowledge, experience and competence that inspectors need to have to carry out inspections, in particular as regards the design, construction, operation and closure of waste facilities;

7. (g)

   the organisation of training to update the knowledge that inspectors have;

8. (h)

   the necessary assistance that operators must provide to the competent authorities to enable them to carry out inspections, including site visits, the taking of samples and the gathering of information necessary for the performance of their duties pursuant to F5the inspection provisions.

When carrying out inspections, the competent authorities may be assisted by and may delegate inspection tasks to independent experts in accordance with national legislation, provided that the experts operate under the supervision of the competent authority. The competent authority shall determine the minimum qualifications of the experts and shall assess whether those qualifications are met. The competent authority shall also verify that the experts have no personal interest in the outcome of the inspection.