Regulation 21 Amendment of the Deposits in the Sea (Exemptions) Order 1985

The Deposits in the Sea (Exemptions) Order 1985^f1 shall be amended as follows.

In article 3, before “A licence is not needed”, there shall be inserted “Subject to article 4,”.

After article 3, there shall be added the following articles—

“Provisions relating to exemptions involving waste

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(1)

Article 3 only applies to an establishment or undertaking in relation to an operation specified in the Schedule to this Order involving the recovery or disposal of waste if—

(a)

it is carrying out—

(i)

its own waste disposal at the place of production; or

(ii)

waste recovery; and

(b)

the type and quantity of waste involved, and the method of disposal or recovery, are consistent with the need to attain the objective of ensuring that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without—

(i)

risk to water, air, soil, plants or animals; or

(ii)

causing nuisance through noise or odours; or

(iii)

adversely affecting the countryside or places of special interest.

(2)

In this article and in article 5 below, “disposal”, “recovery” and “waste” have the meaning given by regulation 1(3) of the Waste Management Licensing Regulations 1994.

Registration of establishments and undertakings carrying on exempt operations

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(1)

It shall be an offence for an establishment or undertaking to carry on, after 31st December 1994, an exempt activity without being registered with the licensing authority.

(2)

It shall be the duty of each licensing authority to establish and maintain a register for the purposes of paragraph (1) above of establishments and undertakings carrying on exempt activities in the area for which it is the licensing authority.

(3)

The register shall contain the following particulars in relation to each such establishment or undertaking—

(a)

the name and address of the establishment or undertaking;

(b)

the activity which constitutes the exempt activity; and

(c)

the place where the activity is carried on.

(4)

The licensing authority shall enter those particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing or otherwise becomes aware of those particulars.

(5)

A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6)

Each licensing authority shall secure that any register maintained by the authority under this article is available, at all reasonable times, for inspection by the public free of charge and shall afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.

(7)

Registers under this article may be kept in any form.

(8)

In this article, “exempt activity” means any operation specified in the Schedule to this Order involving the disposal or recovery of waste to which article 3 applies.”.