# The Waste Management Licensing Regulations (Northern Ireland) 2003, Regulation 18: Registration in connection with exempt activities

Extent: N.I.

(1) It shall be an offence for an establishment or undertaking to carry on, after 19th June 2004, an exempt activity without being registered with the Department.
(2) Subject to paragraph (3), the register maintained under Article 34(1) of the 1997 Order shall contain the following particulars in relation to each such establishment or undertaking which carries on an exempt activity –
(a) the name and address of the establishment or undertaking, its telephone number and, if applicable, fax number and e-mail address;
(b) the activity which constitutes the exempt activity;
(c) the place or places where the activity is carried on; and
(d) a copy of any information received by the Department under paragraphs (3) and (5).
(3) Subject to paragraphs (4), (4A), (5), (5A) and (5B), the Department shall enter the particulars referred to in paragraph (2) in the register in relation to an establishment or undertaking if it receives notice of them in writing and –
(a) that notice is provided to it by or on behalf of that establishment or undertaking;
(b) that notice is accompanied by a plan of each place at which any such exempt activity is carried on showing –
(i) the boundaries of that place;
(ii) the locations within that place at which the exempt activity is to be carried on;
(iii) the location and specifications of any impermeable pavements, drainage systems or hardstandings as are required by a relevant paragraph of Part I of Schedule 2.
(c) that notice contains the correct 6 figure Ordnance Survey Irish grid reference showing the location of each place referred to in sub-paragraph (b);
(d) that notice is accompanied by payment, in respect of each place where any such exempt activity is being carried on, of any fee that may be required under regulation 20B; and
(e) the registration has not been refused under regulation 20.
(4) Paragraph 3(b) and (c) shall not apply to the exempt activity set out in paragraph 31 of Part I of Schedule 2 or where the waste which is the subject of the exempt activity consists of agricultural waste.
(4A) Paragraph (3)(d) shall not apply to an exempt activity where the waste which is the subject of the exempt activity consists of agricultural waste.
(5) In the case of exempt activities set out in paragraph 9, 10, 11, 13, 19, or 45 of Part I of Schedule 2, except where the waste which is the subject of the exempt activity consists of agricultural waste, any additional information specified in Part II of that Schedule shall be entered in the register.
(5A) In the case of exempt activities set out in paragraphs 9, 10, 11, 25 or 47A of Part I of Schedule 2, where the waste which is the subject of the exempt activity consists of agricultural waste or in any event where the activity is carried out under paragraph 25 the establishment or undertaking shall provide to the Department details of the benefit to agriculture or ecological improvement in accordance with Part III of Schedule 2 and these details shall be entered in the register.
(5B) In the case of an exempt activity falling within paragraph 49 of Part I of Schedule 2 the Department shall enter the relevant particulars in relation to an establishment or undertaking only if it has carried out an inspection of the place at which the exempt activity is to be carried on in accordance with sub-paragraph (4A) of paragraph 13 of Schedule 3 and is satisfied as to the particulars to be verified under that sub-paragraph.
(6) Subject to paragraph (7), the information to be notified to the Department shall be given in writing no later than 28 days before any exempt activity is carried out on the relevant land.
(7) In the case of an exempt activity set out in paragraph 47 of Part I of Schedule 2, the necessary information shall be notified to the Department as soon as is practicable.
(8) Subject to paragraph (9), the registration of an exempt activity shall cease to have effect on the expiry of the period of 3 years beginning with and including the date of the registration or the date of renewal under paragraph (11).
(9) In the case of exempt activities set out in paragraphs 9, 10, 11, 13, 19, 45, 46 , 47 and 49 to 52 of Part I of Schedule 2, paragraph (8) shall have effect as if for “3 years” there is substituted “1 year”.
(10) The Department shall, no later than 2 months before the expiry of the periods mentioned in paragraphs (8) and (9), serve on a registered establishment or undertaking a notice specifying –
(a) the date on which the registration will expire; and
(b) the effect of the expiry of the registration.
(11) The Department shall renew the particulars registered in respect of an exempt activity at the date of expiry of the previous registration relating to such activity (“the expiry date”) if no later than 28 days before the expiry date the establishment or undertaking carrying on such activity –
(a) serves written notice on the Department of its desire to renew the registration;
(b) pays on or before the expiry date the fee required under regulation 20B for such renewal;
(c) confirms in such notice that there are no changes in the particulars registered in relation to that activity; or
(d) if there are any such changes, specifies in such notice the details of the changes and provides the amended documents and/or plans as may be required under paragraphs (3) and (5) in relation to the activity.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) On entering the particulars referred to in paragraph (2) in the register referred to in paragraph (2) the Department shall issue to the establishment or undertaking to whom the particulars relate, a notice confirming that such particulars have been so registered and giving the date of entry of such particulars on the register.
(14) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Source: https://www.legislation.gov.uk/nisr/2003/493/regulation/18 (the official version)
Page: https://openlegislation.uk/waste-management-licensing-regulations-northern-ireland-2003/regulation-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.