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A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By: Michael Fry | Book details

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Page 759
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The Waste Management Regulations 1996
S.I. 1996 No. 634The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, being Ministers designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in exercise of powers conferred on them by section 2(2) of that Act, sections 29(10), 33 (3), 52(8) and 74(6) of the Environment Act 19903 (having in particular had regard in exercising their powers under section 33(3) to the matters specified in section 33(4) of that Act), and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and extent
1. (1) These Regulations may be cited as the Waste Management Regulations 1996 and, except for regulations 2(6) and 3, shall come into force on 1st April 1996.(2) Regulations 2(6) and 3 shall come into force on 30th March 1996.(3) Regulation 2(3) does not extend to Scotland.
Amendment of the Waste Management Licensing Regulations 1994
2. The amendments made by this regulation are included in the Waste Management Licensing Regulations 1994, p.675 above.
Amendment of the Waste Management Licensing (Amendment etc.) Regulations 1995
3. The amendments made by this regulation are included in the Waste Management Licensing (Amendment etc.) Regulations 1995, p. 751 above.
Pre-qualification technical competence
4. (1) Where--
a. a person has applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence in relation to one of the types of facility mentioned in paragraph (2);
b. an application has been made for a waste management licence to authorise activities whose management is intended to be in that person's hands;
c. the activities mentioned in sub-paragraph (b) are to be carried on at a facility of the same type as that in relation to which the application mentioned in sub-paragraph (a) was made; and
d. the relevant Agency as defined in paragraph (3) is satisfied that, but for regulation 4 of the Waste Management Licensing Regulations 1994,4 he would be a technically competent person;5
____________________
1
S.I. 1992/2870.
2
1972 c.68.
3
Part II of the 1990 Act p.112 above.
4
P.679 above.
5
S.74(5) of the 1990 Act, p.158 above, provides that it shall be the duty of the Agencies to have regard to any guidance issued to them by the Secretary of State with respect to the discharge of their functions of making determinations to which s.74 applies.

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