The waste management transitional arrangements to cover (up to 19 December 2004) the treatment, keeping or disposal of waste - paragraph 43 exemption
A paragraph 43 exemption allows the treatment, keeping or disposal by any person, at any premises, of waste, by that person, if they were carrying on that activity at those premises before 19 December 2003 and, before that date no disposal licence was required under Part ll of the Pollution Control and Local Government Order (Northern Ireland) 1978 for that activity.
Waste stream(s) permitted
Waste types which were previously handled in the carrying out of the treatment, keeping or disposal activity before 19 December 2003.
Storage and location
Waste may be stored at the premises where the activity was carried out before 19th December 2003.
Additional conditions
After the 19th December 2004 the exemption conferred in relation to an activity carried on by a person at any premises shall cease to have effect unless, on or before that date, the operator applies for a waste management licence in relation to the activity in question.
Where the operator makes an application for a waste management licence, the permission to carry on the activity under Paragraph 43 shall continue to have effect in relation to the activity, until the date on which the licence applied for is granted or, if the application is (or is deemed to be) rejected, until the period for appealing expires without an appeal being made, or any appeal is withdrawn or finally determined.
The amount of waste being handled for the purpose of the treatment, keeping or disposal activity must comply with the Relevant Objectives under paragraph 4 of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003 (as amended).
What the legislation says
The full wording of the paragraph 43 exemption can be found in Schedule 2 of the Waste Management Licensing Regulations (Northern Ireland) 2003.
Relevant Objectives in relation to the disposal or recovery of waste are given in paragraph 4 of Schedule 3 to the Regulations.
Paragraph 43 is NOT required to be registered in accordance with the Waste Management Licensing Regulations (Northern Ireland) 2003 (as amended)
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