Environmental guidance for your business in Northern Ireland & Scotland
This page provides links to the full text of key pieces of environmental legislation relating to waste carrier and broker registration. The websites hosting the legislation may list amendments separately.
If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.
Waste Regulations (Northern Ireland) SR 2011/127 Requires businesses to apply the waste management hierarchy, introduces a two-tier system for waste carrier registration, establishes waste prevention programmes and makes consequential amendments to various other pieces of legislation.
Controlled Waste (Duty of Care) Regulations (Northern Ireland) SR 2002/271 Creates a duty of care for controlled waste that requires all producers, carriers and managers of waste to keep records and use waste transfer notes.
Controlled Waste and Duty of Care Regulations (Northern Ireland) SR 2013/255 (as amended) Clarify classification of wastes as ‘household’, ‘commercial’, or ‘industrial’; regulations identify which of these incur a charge for collection and disposal. They also introduce more stringent controls under the Duty of Care system.
Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) SR 1999/362 Detail the system for registering carriers of controlled waste. The SR 1999/362 regulations no longer deal with the seizure of property; these provisions can be found in the Controlled Waste (Seizure of Property) Regulations (Northern Ireland) SR 2013/260 (see below).
Controlled Waste (Seizure of Property) Regulations (Northern Ireland) 2013/260 Prescribe the procedures to be followed by the Department of the Environment in seizing property used, or about to be used, in illegal waste activity.
Amend the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 and the Waste Management Licensing Regulations (Northern Ireland) 2003. The purpose of the Regulations is to increase the fees and charges for processing registration of waste carriers, brokers and dealers as well as exempt waste activities.
Amend regulation 4 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (NI) 1999, which sets out the charges for registration as a carrier of controlled waste. Also amends regulation 18 of the Waste Management Licensing Regulations (NI) 2003 – fees relating to activities exempted from the requirement to obtain a full waste management licence and Schedule 4 – fees in relation to the registration of brokers of and dealers in controlled waste.
Waste Management Licensing Regulations (Northern Ireland) SR 2003/493 Cover applications for waste management licences, which authorise the deposit, disposal and treatment of controlled waste. Include conditions on the use of certain mobile plant.
Amend regulation 2 of the Waste Management Licensing Regulations (Northern Ireland) 2003 (the 2003 regulations) to specify and update the list of offences contained in schedule 6 to the regulations and to remove outdated offences.
Waste Management Licensing (Amendment) Regulations (Northern Ireland) SR 2009/76. Amend 2003/493 to change the regime of waste management licensing exemptions to ensure compliance with the Hazardous Waste Directive.
Waste and Contaminated Land (Northern Ireland) Order SI 1997/2778. Sets out the waste management regime covering waste carrier registration and identifying and remedying contaminated land.
Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 Gives the Department of Environment and district councils similar investigative, enforcement and clean up powers to deal with illegally dumped waste. Changes the legislative framework for management of land that has been contaminated by pollution.
Waste Management Regulations (Northern Ireland) SR 2006/280 Extend controlled waste to cover mine, quarry and agricultural waste. Categorises waste as household, industrial or commercial. Amend existing legislation to further implement the European directives on waste and landfill.
Amend regulation 2 of the Waste Management Licensing Regulations (NI) 2003 to specify and update the list of offences contained in schedule 6 to the regulations and to remove outdated offences.
Waste (Scotland) Regulations SSI 2011/226 Allows partial suspension, revocation, transfer or surrender of a waste management licence (WML). Allows the area of land covered by a WML to be changed. Allows one WML to cover all activities on one site, or to cover more than one mobile plant.
Waste Management Licensing (Scotland) Regulations SSI 2011/228 Consolidates the Waste Management Licensing Regulations 1994 and amendments. Adds new exemptions. Allows applicants to demonstrate technical competence in a number of ways. Requires businesses carrying their own waste to register with SEPA.
Control of Pollution (Amendment) Act 1989 Requires carriers of controlled waste to register with the Scottish Environment Protection Agency (SEPA) and outlines the penalties - including seizure and disposal of vehicles shown to have been used for illegal waste disposal.
Environmental Protection Act 1990. Defines the legal framework for the duty of care for waste, contaminated land and statutory nuisance.
Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations SI 1991/1624 Details the system for seizing vehicles used in the commission of waste offences.
Waste Management Licensing Amendment (Scotland) Regulations SSI 2003/171 Amends the Environment Act 1995 to allow SEPA to charge for the registration of certain activities which are exempt from waste management licensing. Amends 1994/1056 to set out qualifications to manage waste activities covered by waste management licences.
Waste (Scotland) Regulations SSI 2005/22 Amends the Environmental Protection Act 1990 to extend the definition of controlled waste to cover mine, quarry and agricultural waste. Categorises mine and quarry waste as industrial waste and agricultural waste as commercial waste. Requires anyone involved in depositing, disposal or recovery of mine, quarry or agricultural waste to be authorised.
Requires the holder of a Waste Management Licence to comply with the Materials Recovery Code. Also a PPC permit for the running of a waste recovery facility must contain a requirement to comply with the Materials Recovery Code.
You may also need to know about and comply with legislation on:
You can find other current and future environmental legislation that may affect your business on the NetRegs website.
The Northern Ireland Environment Agency has published a short guide to the duty of care responsibilities including advice and information for waste producers, carriers and those accepting, storing and treating waste.
Any person intending to alter the use or management of areas of uncultivated or semi-natural land must obtain prior approval from the Department of Agriculture, Environment and Rural Affairs (DAERA).
Read more on the DAERA website
The NetRegs team at SEPA, in partnership with The Northern Ireland Environment Agency, Natural Resources Wales and a number of industry bodies have produced 9 new GPPs to replace out of date PPGs. More are coming! Check the available topics
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