OpenLegislation

Paragraph 12

United Kingdom

(1)

An approved battery treatment operator must hold a relevant authorisation in respect of any treatment of waste batteries accepted at a specified site to be carried out by it.

(2)

In sub-paragraph (1), “relevant authorisation” means one of the following—

(a)

an environmental permit granted under regulation 13 of F1the Environmental Permitting (England and Wales) Regulations 2016;

(b)

an exempt waste operation under the Environmental Permitting (England and Wales) Regulations 2016 or any other operation exempt from the requirements of section 33(1)(a) and (b) of the Environmental Protection Act 1990 M1 under those Regulations.

(c)

a permit granted under F2regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012;

(d)

an authorisation granted under section 6 of the Environmental Protection Act 1990 M2 (“the 1990 Act”);

(e)

a waste management licence granted under section 36 of the 1990 Act M3;

(f)

an exemption registered or otherwise permitted under F3regulations 17 and 19 of the Waste Management Licensing (Scotland) Regulations 2011;

(g)

a permit granted under regulation 10 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 M4;

(h)

an exemption registered under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003 M5;

(i)

a waste management licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997 M6.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 12(2) substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 29 (with regs. 1(3), 77-79, Sch. 4)

F2

Words in Sch. 4 para. 12(2)(c) substituted (S.) (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360), reg. 1(2), Sch. 11 para. 21(2) (with reg. 71)

F3

Words in Sch. 4 Pt. 2 para. 12(2)(f) substituted (S.) (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), sch. para. 25

Marginal citations

M1

1990 c. 43. Section 33(1) was amended section 120 and Schedule 24 of the Environment Act 1995 (c. 25), and by regulation 73 and paragraphs 2 and 4 of Schedule 21 to the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538).

M2

1990 c. 43. Section 6 was amended by paragraph 48 of Schedule 22 to the Environment Act 1995 (c. 25) and, in relation to England and Wales, by S.I. 2000/1973 with corresponding amendments in relation to Scotland made by S.S.I. 2000/323.

M3

Section 36 was repealed in relation to England and Wales by S.I. 2007/3538. There are other amendments to that section not relevant to these Regulations. It was amended by paragraph 68 of Schedule 22 and Schedule 24 to the Environment Act 1995 and, as regards Scotland, by the Nature Conservation (Scotland) Act 2004 (asp 6), Schedule 7, paragraph 7 and by the Natural Heritage (Scotland) Act 1991 (c. 28), Schedule 2, paragraph 10.

M4

S.R. 2003/46.

M5

S.R. 2003/493.

M6

S.I. 1997/2778 (N.I. 19).