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

By Michael Fry | Go to book overview
satisfy the duty of care requirements. Forms are issued by UK/EC competent authorities of dispatch or destination, except for imports of waste for recovery into the EC from an OECD country where they are issued by the competent authority of dispatch in that country.
vii. Health and safety
D.23. Waste holders have a duty to ensure, so far as is reasonably practicable, the health and safety of their employees and other persons who may be affected by their actions in connection with the use, handling, storage or transport of waste, by virtue of sections 2 and 3 of the Health and Safety at Work etc Act 1974.D.24. Holders also have specific duties under health and safety regulations, including the Control of Substances Hazardous to Health Regulations 1994 (S.I. 1994 No.3246), and in particular the requirement to carry out an assessment of the risks of their activities as required by the Management of Health and Safety at Work Regulations 1992 (S.I. 1992 No 2051).ANNEX E
GLOSSARY OF TERMS USED IN THIS CODE OF PRACTICE
The 1995 Act: The Environment Act 1995.1The 1990 Act: the Environmental Protection Act 1990.2The 1989 Act: the Control of Pollution (Amendment) Act 1989.3The 1982 Act: The Civic Government ( Scotland) Act 1982.The 1964 Act: The Scrap Metal Dealers Act 1964.The Agencies: The Environment Agency and the Scottish Environment Protection Agency. These are the waste regulation authorities in Great Britain from 1 April 1996.Broker: a person who arranges for the disposal or recovery of controlled waste on behalf of another. Such arrangements will include those for the transfer of waste. He does not handle waste himself or have it in his own physical possession, but he controls what happens to it. However, for convenience, brokers are included within the term "waste holder" as it is used in the code of practice.A registered broker is registered with a waste regulation authority in accordance with regulation 20 of the Waste Management Licensing Regulations 1994.4An exempt broker is a waste broker who by virtue of regulation 20(2), (3) or (4) of the Waste Management Licensing Regulations 1994 is not required to be registered under regulation 20.Carrier: a person who transports controlled waste, within Great Britain, including journeys into and out of Great Britain.A registered carrier is registered with a waste regulation authority under the 1989 Act.An exempt carrier is a waste carrier who is not required to register under the 1989 Act because:
a. (a) he is exempt from registration by virtue of regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991;5 or
b. (b) he is transporting waste in the circumstances set out in section 1(2) of the 1989 Act.6 These circumstances are also "authorised transport purposes" as defined in section 34(4) of the 1990 Act.7

Controlled waste: as defined in section 30 of the Control of Pollution Act 1974, section 75 of the 1990 Act and the Controlled Waste Regulations 1992 (as amended).8 That is, household, commercial and industrial waste. Paragraphs 9(2) and 10(3) to Schedule 4 of the Waste Management Licensing Regulations 19949 provides that any reference to "waste" in Part I of the 1974 Act or Part II of the 1990 Act includes a reference to Directive Waste.

____________________
1
P.415 above.
2
P.83 above.
3
P.71 above.
4
P.692 above.
5
P.630 above.
6
P.72 above.
7
P.118 above.
8
P.662 above.
9
P.717 above.

-853-

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