Waste Management Licensing Regulations (as amended)

Applies to EnglandApplies to WalesApplies to Scotland

Title: Waste Management Licensing Regulations (as amended)

Category: England, Wales and Scotland Regulations

Date: 1994 (amended 1995, 1996, 1997, 1998, 2002, 2003, 2005)

Reference: SI 1994/1056 [Full text] (1995/288 [Full text], 1995/1950 [Full text], 1996/1279 [Full text], 1997/2203 [Full text], 1998/606 - England, Wales and Scotland [Full text]; 2002/674 [Full text], 2003/595 - England [Full text]; 1996/916, 2003/171 - Scotland [Full text]; 2002/1087 (W.114) [Full text], 2003/780 (W.91) - Wales [Full text], 2005/883 - England [Full text]), 2005/1528 - England & Wales [Full text], 2005/1728 - England & Wales [Full text]

General Description:

NOTE: As of April 6 2008, the Waste Management Licensing Regulations 1994 (as amended) are being replaced by the Environmental Permitting Regulations 2007. There will no longer be separate regulation regimes for waste management and PPC activities, with both being regulated by way of Environmental Permits.

These regulations are providing a framework for the development of a 'Waste Management Licensing System' under part II of the Environmental Protection Act 1990. They also implement various EU Council Directives regarding the management of waste. Waste is defined in 5 categories; Controlled, household, industrial, commercial and special. These regulations also deal with sources of waste where doubt exists regarding its appropriate category.

The form and content of applications for both waste management licences and for their transfer or surrender is laid out in Regulation 2, and also in Schedules 1 and 2 of the legal document. Regulations 3 to 5 of the document then lay out the requirements for the assessment of whether or not an applicant is a fit and proper person. Further regulations deal with the procedure for appeals.

Provisions are made, for the disposal of waste oils and lubricants. Provision is also made for the protection of groundwaters, from contamination via discharge of certain listed substances.

Certain activities are exempted from the requirement to have a waste management licence. For details, refer to Regulations 16 and 17 of the official document.

Schedule 4 of the regulations, which implement EC Council Directive 75/442/EEC on waste, modify the following legislation:

In addition, this schedule (and schedule 5) provides for the registration of waste collectors, transporters, brokers and dealers who otherwise would not be required to register.

The 2005/1728 amendment regulations (Waste Management Licensing (England and Wales) (Amendment and Related Provisions) (No 3) Regulations 2005) apply to England and Wales, revoke 2005/1528 regulations, and came into force on the 1st of July 2005 and changed some exemptions. These changes should further help protect the environment and human health, and prevent abuses that have led to sham waste recovery. The changes also introduce fees for the notification and registration of some activities.  There are five 'Exemptions' which have been amended and a further one added. These exemptions are called 'notifiable' in the regulations although many other activities that are potentially exempt must be notified to us for assessment and registration. The notifiable exemptions are:

  • Paragraph 7A: land treatment for agricultural benefit or ecological improvement
  • Paragraph 8A and 8B: storage and spreading of sludge
  • Paragraph 9A: reclamation or improvement of land
  • Paragraph 10A: recovery operations at water and sewage treatment works
  • Paragraph 19A: Use of waste for construction
  • Paragraph 46A: burning of dunnage

There will be a 3-month transitional period from 1st July 2005 until 30th September 2005 when existing activities registered with the Environment Agency can continue. An Establishment or Undertaking (E/U) wishing to continue an existing activity (or any other activity currently registered under paragraphs 7,8,9,10,12 or 19) after the transitional period, will have to submit a new notification to the Environment Agency during that transitional period. Continuing an existing activity requiring a new registration after 30th September 2005 without a new registration will be an offence and the E/U will be liable to enforcement action.

Pertinence to Agriculture: Waste, Agricultural Pollution

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