The Waste Management Licensing (Amendment) (Wales) Regulations 2003

• Citation: S.I. 2003/780 (W.)
• Sections: 10

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Waste Management Licensing (Amendment) (Wales) Regulations 2003 and come into force on 1st April 2003.

(2) These Regulations apply to Wales.

Section 2 Amendment of the Waste Management Licensing Regulations 1994

The Waste Management Licensing Regulations 1994 are hereby amended in accordance with the following provisions of these Regulations.

Section 3 Interpretation – scrap metal dealer

In regulation 1(3) , for the definition of “scrap metal” there is substituted the following—

“scrap metal dealer” has the meaning given by section 9(1), and “scrap metal” has the meaning given by section 9(2), of the Scrap Metal Dealers Act 1964( fn );

Section 4 Interpretation – scrap metal dealer

In relation to the substituted definition in regulation 1(3) there is inserted in the appropriate place the following footnote—

(fn) 1964 c. 69 . Section 9(1) was amended by section 43 of, and paragraph 2 of the Schedule to, the Vehicles (Crime) Act 2001 (c. 3) . There are other amendments to that Act not relevant to these Regulations.

Section 5 Technical competence

For regulation 4 there is substituted the following—

Technical competence

(4)

(1) Subject to paragraph (2) of this regulation and regulation 5 below, and without prejudice to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulation 2002( fn ), Schedule 1A has effect to prescribe for the purposes of section 74(3)(b) of the 1990 Act (management of activities to be in the hands of a technically competent person) the qualifications required of a person if that person is to be considered technically competent in relation to a facility of a type listed in Table 1 of that Schedule.

(2) Paragraph (1) does not apply in relation to a facility which is used exclusively for the purpose of—

(a) carrying on business as a scrap metal dealer;

(b) dismantling motor vehicles; or

(c) the burial of dead domestic pets.

Section 6 Technical competence

In relation to the substituted regulation 4 there is inserted in the appropriate place the following footnote—

(fn) S.I. 2002/2934 , implementing Council Directive 92/51/ EEC on a second general system for the recognition of professional education and training. Part 1 of Schedule 2 (Professions Regulated by Law or Public Authority) designates the Waste Management Industry Training and Advisory Body as the authority for certified technically competent persons.

Section 7 Transitional provision

In regulation 5, the following paragraph is added at the end—

(8) Where—

(a) a person was technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a type of facility immediately prior to the coming into force of the Waste Management Licensing (Amendment) (Wales) Regulations 2003 (“the 2003 Regulations ”) (whether or not the management of a facility of that type was in the hands of that person at that time); and

(b) that person would, in order to manage a facility of that type, be required to obtain a new certificate in order to remain technically competent in relation to thereto as a result of the 2003 Regulations

then, until 31 March 2005, that person shall be treated as technically competent in relation to a facility of that type for the purposes of section 74(3)(b) of the 1990 Act.

Section 8 Insertion of Schedule 1A

There is inserted into the Waste Management Licensing Regulations 1994, after Schedule 1, the schedule set out in the Schedule to these Regulations.

Section 1

The qualifications required of a person if he is to be regarded as technically competent for the purposes of section 74(3)(b) of the 1990 Act to manage a facility of a description listed in Table 1 are that that person must hold one of the certificates awarded by the Waste Management Industry Training and Advisory Board the codes of which are specified in relation to that description of facility in that Table; and the certificates to which the codes refer are set out in Table 2.

Notes to Table 1

The following certificates ceased to be awarded on 9 October 1997: A, B, C, N, O, Z, AA, BB, and CC.

The following certificates will cease to be awarded on 31 March 2003: D, E, F, P, Q, R, DD, EE, FF, GG, and HH.

Section 2

In Table 1 above—

“civic amenity site” means a place provided under section 1 of the Refuse Disposal (Amenity) Act 1978 or by virtue of section 51(1)(b) of the 1990 Act;

“clinical waste” means—

any waste which consists wholy or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which, unless rendered safe, may prove hazardous to any person coming into contact with it; and

any other waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;

“closed landfill site” means a landfill site—

which ceased to accept waste before 16 July 2001; or

in relation to which the Environment Agency has, pursuant to regulation 15(4)(b)(iii) of the Landfill (England and Wales) Regulations 2002 , notified the operator by notice in writing served on the operator that it approves the closure,

and in relation to a landfill site where sub-paragraph (a) or (b) applies to only part of the site, means that part of the site only;

“hazardous waste” means—

Directive waste which is hazardous waste within the meaning of Article 1(4) of Council Directive 91/689/EEC on hazardous waste (“the Hazardous Waste Directive”) as amended by Council Directive 94/31/ EC ; and

medicinal waste, that is to say, any waste medicinal product which is not domestic waste within the meaning of the Hazardous Waste Directive,

and in this definition, “medicinal product” means a product as defined in section 130 of the Medicines Act 1968 (meaning of “medicinal product” etc. ), of a description, or falling within a class specified in an order under section 58 of that Act (medicinal products on prescription only);

“landfill site” means a waste disposal site for the deposit of waste onto or into land, including—

subject to sub-paragraph (b), any site which is used for more than a year for the temporary storage of waste; and

any internal waste disposal site, that is to say a site where a producer of waste is carrying out its own waste disposal at the place of production;

but excluding—

any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;

any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment; or

any site where waste is stored for a period of less than one year prior to disposal;

“non-hazardous waste” means any waste which is not covered by the definition of hazardous waste;

“single waste stream” in relation to a waste disposal site refers to a site where the producer of all of the waste disposed of at that site is also the holder of the waste management licence for that site;

“transfer station” means a facility where waste is unloaded in order to permit its preparation for further transport for treatment, keeping or disposal elsewhere; and

waste is inert waste if—

it does not undergo any significant physical, chemical or biological transformations;

it does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health; and

its total leachability and pollutant content and the ecotoxicity of its leachate are insignificant and, in particular, do not endanger the quality of any surface water or groundwater.”.