Regulation 25 Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999I1

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999^f1 shall be amended as follows.

In regulation 1(2), the following definitions shall be inserted at the appropriate place –

• “the 2003 Regulations” means the Waste Management Licensing Regulations (Northern Ireland) 2003;

• “the Community Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption as amended by and as read with –

  1. (a)

     Commission Regulation (EC) No. 808/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption;

  2. (b)

     Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures;

  3. (c)

     Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs;

  4. (d)

     Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil;

  5. (e)

     Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood;

  6. (f)

     Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants; and

  7. (g)

     Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcasses containing them;”.

For regulation 2(1)(d) there shall be substituted –

“(d)

any wholly owned subsidiary of the Northern Ireland Railways Company Limited which has applied in accordance with these Regulations for registration as a carrier of controlled waste but only –

(i)

if it is registered under paragraph 12 of Part I of Schedule 3 to the 2003 Regulations; and

(ii)

whilst its application is pending.”.

For regulation 2(1)(j), there shall be substituted –

“(d)

subject to paragraph (1A) a person transporting animal by-products provided that such transportation –

(i)

is by the holder of an approval in accordance with the Community Regulation;

(ii)

is in connection with the activity to which that approval relates; and

(iii)

only involves waste which is animal by-products.”.

After regulation 2(1), there shall be inserted –

“(1A)

Regulation 2(1)(j) shall not apply to the transportation of animal by-products –

(a)

for the purposes of their final deposit in or on land or for the purposes of their incineration or co-incineration;

(b)

which are dead domestic pets; or

(c)

which comprise or contain either catering waste or waste which is former foodstuffs unless such waste is to be fed to animals in accordance to Article 23(2) of the Community Regulation.

(1B)

For the purpose of paragraph (1A), the reference to feeding waste to animals shall be taken to include a reference to feeding such waste to maggots.”.

In regulation 2(2) –

After regulation 4(6), there shall be inserted the following paragraphs –

“(6A)

Where an applicant wishes to apply to be registered both as a broker and as a carrier of controlled waste, he may make a combined application on a form provided by the Department for that purpose.

(6B)

Where an applicant wishes to apply both for the renewal of his registration as a broker of controlled waste and for the renewal of his registration as a carrier of controlled waste, he may make a combined application on a form provided by the Department for that purpose.”.

For regulation 4(7), there shall be substituted –

“(7)

The Department shall provide a copy of the appropriate application form free of charge to any person requesting one.”.

For regulation 4(8), there shall be substituted –

“(8)

The Department shall charge an applicant in respect of its consideration of his application –

(a)

subject to paragraph (c), in the case of either an application for registration as a carrier of controlled waste or a combined application for registration as both a carrier and broker of controlled waste, £120;

(b)

in the case of either an application for the renewal of a registration as a carrier of controlled waste or a combined application for renewal of registration both as a carrier and as a broker of controlled waste, £60;

(c)

in the case of an application by a registered broker of controlled waste for registration as a carrier of controlled waste, £30,

and the applicant shall pay the charge when he makes his application.”.

After regulation 4(10) there shall be inserted –

“(11)

In this regulation –

• “broker of controlled waste” has the same meaning as in regulation 22 of, and Schedule 4 to, the 2003 Regulations;”.