Statutory Instruments
2005 No. 187
ENVIRONMENTAL PROTECTION
The Transfrontier Shipment of Waste (Amendment) Regulations 2005
Made
1st February 2005
Laid before Parliament
3rd February 2005
Coming into force
1st March 2005
The Secretary of State for Environment, Food and Rural Affairs, being designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials), in exercise of the powers conferred on her by section 2(2) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Transfrontier Shipment of Waste (Amendment) Regulations 2005 and shall come into force on 1st March 2005.
Interpretation
2. —(1) In these Regulations, “the 1994 Regulations” means the Transfrontier Shipment of Waste Regulations 1994( 3 ).
(2) The expressions “notifier”, “notification”, “competent authority of dispatch” and “competent authority of destination” used in these Regulations shall have the meanings they bear in Council Regulation (EEC) No. 259/93 4 ).
Amendment of the 1994 Regulations
3. For paragraph (b) of regulation 3 of the 1994 Regulations there shall be substituted the following paragraph–
“ (b) in Northern Ireland, the Department of the Environment. ” .
4. For paragraphs (1) and (2) of regulation 15 of the 1994 Regulations there shall be substituted the following paragraphs–
“ (1) Subject to paragraph (2), a person who commits an offence under regulation 12 shall be liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.
(2) A person who commits an offence under paragraph (8) of regulation 12 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. ” .
Transitional arrangements
5. Notwithstanding regulation 3, where a notifier has made a notification to a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972( 5 ), the receipt of which has been acknowledged by the council before the day on which these Regulations come into force, that district council shall continue to be the competent authority of dispatch or competent authority of destination in Northern Ireland in relation to that notification for the purposes of the 1994 Regulations.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
1st February 2005
S.I. 1993/2661 .
OJ No. L30, 6.2.1993, p.1, as last amended by Commission Regulation (EC) No. 2557/2001 amending Annex V of Council Regulation (EEC) No. 259/93 (OJ No. L349, 31.12.2001, p.1).