Draft Waste Management Licensing (Amendment) Regulations (NI) 2015The Waste and Contaminated Land (Northern Ireland) Order 1997 (the 1997 Order), supported by a number of pieces of subordinate legislation, mostly transposes the requirements of the Waste Framework Directive. The requirement to protect the environment and human health was put in place by way of a number of measures including provisions that allow the Department (as the competent authority) to determine if the person controlling the waste is a fit and proper person to be doing so.
Between 9th July and 30th September 2014, the Department consulted upon the draft Waste Management Licensing (Amendment No. X) Regulations (Northern Ireland) 2014 which detailed proposed amendments to the prescribed offences and technical competence elements of the Fit and Proper Person test (FPP test) established by way of regulations 2 to 5 of the Waste Management Licensing Regulations (NI) 2003 (the 2003 Regulations).
As a result of issues raised in response to the consultation process, it was decided to revisit the draft Regulations. A key difference is that it has now been decided to amend the prescribed offences and technical competency elements of the 2003 Regulations separately. This consultation is on the amended proposals in relation to the technical competence element only.
Whilst the fundamental policies in relation to the Fit and Proper Persons elements of waste management licensing remain broadly the same as those consulted upon previously, the proposed changes update further the qualifications available for waste management operators, tying them more closely to those provided by WAMITAB and ensuring greater parity with the rest of the UK.