Regulation 16 Exclusion of activities under other control regimes from waste management licensing

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 16(1)(ba)(bb) inserted by Pollution Prevention and Control 2000 Sch. 10 para. 32(a)
reg. 16(1)(ba)-(bc) inserted by Pollution Prevention and Control 2000 Sch. 10 para. 11(6)(a)
reg. 16(2) words substituted by Pollution Prevention and Control 2000 Sch. 10 para. 11(6)(b)
reg. 16(2) words substituted by Pollution Prevention and Control 2000 Sch. 10 para. 32(b)
reg. 16(3) inserted by Pollution Prevention and Control 2000 Sch. 10 para. 11(6)(c)
reg. 16(3) inserted by Pollution Prevention and Control 2000 Sch. 10 para. 32(c)
reg. 16(1)(a) words inserted by Waste Management Licensing 1995 reg. 3(4)
reg. 16(1)(ba) words substituted by Pollution Prevention and Control and Connected Provisions 2004 reg. 3(2)
reg. 16(3) words substituted by Pollution Prevention and Control and Connected Provisions 2004 reg. 3(3)
reg. 16(1)(c) word omitted by Waste Management 2006 reg. 6(4)(a)
reg. 16(1)(e) and word inserted by Waste Management 2006 reg. 6(4)(b)
reg. 16(1)(bb) words omitted by Waste Incineration 2003 reg 15(a)
reg. 16(1)(bb) words substituted by Waste Management Licensing Amendment 2004 reg. 5
reg. 16(1)(c) word omitted by Waste 2005 reg. 6(4)(a)
reg. 16(1)(e) and word inserted by Waste 2005 reg. 6(4)(b)
reg. 16(1)(c) substituted by Waste Management Licensing (Water Environment) 2006 reg. 6(a)
reg. 16(1)(e) substituted by Waste Management Licensing (Water Environment) 2006 reg. 6(b)
reg. 16 words inserted by Waste Incineration 2002 reg. 6(2)

(1)

Subject to paragraph (2) below, section 33(1)(a), (b) and (c) of the 1990 Act shall not apply in relation to the carrying on of any of the following activities—

(a)

the recovery or disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process designated for central control under section 2(4) of the 1990 Act;

(b)

the disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process within paragraph (a) of Part B of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations insofar as the activity results in releases of substances into the air;

(c)

the disposal of liquid waste under a consent under Chapter II of Part III of the Water Resources Act 1991^f1 or under Part II of the Control of Pollution Act 1974^f2; and

(d)

the recovery or disposal of waste where the activity is or forms part of an operation which is for the time being either—

(i)

the subject of a licence under Part II of the Food and Environment Protection Act 1985^f3; or

(ii)

carried on in circumstances where such a licence would be required but for an order under section 7 of that Act.

(2)

Paragraph (1)(a) and (b) above does not apply insofar as the activity involves the final disposal of waste by deposit in or on land.

Annotations

Footnotes

f1: 1991 c. 57.
f2: 1974 c. 40.
f3: 1985 c. 48; Part II is amended by sections 146 and 147 of, and Part VIII of Schedule 16 to, the 1990 Act.