Amending the fit and proper person requirements of the waste management licensing regime

This document is to consult upon the proposed Waste Management Licensing (Amendment No. 3) Regulations (Northern Ireland) 2015.

Article 3(a) of the Waste and Contaminated Land (Northern Ireland) Order 1997 provides the power for the Department to prescribe offences which may deem that a person may not be considered a fit and proper person to hold a waste management licence.

Accordingly, a number of pieces of subordinate legislation were used to fulfil the requirement of Article 3(3)(a) of the 1997 Order by prescribing the offences which must be taken into account by the Department when determining if the person holding, or applying for, a waste management licence or registering as a waste carrier, broker or dealer is a fit and proper person to do so, vis:-

• The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 19993 (the 1999 Regulations) – Schedule 1; and
• The Waste Management Licensing Regulations (Northern Ireland) 20034 (the 2003 Regulations) – regulation 2.

Schedule 1 to the 1999 Regulations and regulation 2 of the 2003 Regulations are both outdated and no longer fit for purpose. Accordingly, the Department is proposing to amend the legislation.