The Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026

19 Schedule 2 (exempt facilities: general)

(1) Schedule 2 (exempt facilities: general) is amended as follows. (2) In paragraph 1(1) (interpretation: general)— (a) in the definition of “operator”— (i) for “or” substitute “, a”; (ii) after “groundwater activity” insert “or a waste controlling or transporting activity”; (b) in the definition of “registered”, in paragraph (a), after “operation” insert “or a waste controlling or transporting activity”; (c) in the definition of “valid registration period”, after “operation” insert “or an exempt waste controlling or transporting activity”. (3) After paragraph 2(1) (interpretation: exemption registration authority and exemption authority) insert— (1A) The exemption registration authority in relation to a waste controlling or transporting activity falling within a description in Part 6 of Schedule 3 is the Agency. . (4) After paragraph 4 insert— Exempt waste controlling or transporting activity 4A. (1) For the purposes of the definition of “exempt waste controlling or transporting activity”, the requirements are— (a) that the waste controlling or transporting activity— (i) falls within a description in Part 6 of Schedule 3, and (ii) satisfies the conditions specified in relation to the description; (b) subject to paragraph 13(10) of this Schedule, that— (i) the waste controlling or transporting activity is registered, and (ii) an operator is registered in relation to it; (c) that the waste controlling or transporting activity carried on by the operator is consistent with the need to attain the objectives specified in Article 13 of the Waste Framework Directive; (d) where the waste controlling or transporting activity involves controlling waste, that the operator takes all such measures available to it as are reasonable in the circumstances to apply the waste hierarchy; (e) that the waste is not exported from, nor imported into, the United Kingdom; (f) that the waste controlling or transporting activity is carried on by the operator or an employee of the operator; (g) when transporting waste, that the driver carries— (i) the registration number of the exempt waste controlling or transporting activity concerned, in relation to the waste being transported, (ii) a unique driver number allocated to that driver by the operator who must maintain a record of the driver numbers allocated; (h) that, except where allowed by paragraphs 8 and 9 in Part 6 of Schedule 3, the waste— (i) is not produced during construction (including repair and alteration) or demolition, (ii) does not contain or consist of polycholorinated biphenyls, (iii) does not contain or consist of asbestos; (i) that any advertising used by the operator in relation to its exempt waste controlling or transporting activity includes the registration number of that activity; and (j) that the waste controlling or transporting activity is carried on in England. (2) An operator carries on an exempt waste controlling or transporting activity in England if— (a) its registered office or principal place of business is in England; or (b) its registered office and principal place of business are outside England, but it carries on exempt waste controlling or transporting activity from any other place of business in England. . (5) In paragraph 10 (procedure for registering an exempt facility)— (a) after sub-paragraph (1) insert— (1A) An operator seeking to be registered in relation to a waste controlling or transporting activity described in Part 6 of Schedule 3, or seeking to renew such a registration must notify the exemption registration authority of— (a) the relevant particulars, and (b) the information specified in sub-paragraph (5). ; (b) in sub-paragraph (4)— (i) in paragraph (a)— (aa) at the end of sub-paragraph (i), omit “or”, (bb) at the end of sub-paragraph (ii) insert “, or”, (cc) at the end of sub-paragraph (ii) insert— (iii) for a waste controlling or transporting activity, the operator, ; (ii) in paragraph (b), after “operation,” insert “waste controlling or transporting activity,”, (iii) after paragraph (c) omit “and”; (iv) after paragraph (d) insert “, and”; (v) after paragraph (d) insert— (e) for a waste controlling or transporting activity— (i) the principal place of business of the operator in Great Britain, including the postcode, or, if there is none, the principal place of business of the operator outside of Great Britain, and (ii) the registered office of the operator in the United Kingdom, or, if there is none, the registered office of the operator outside the United Kingdom ; (c) in sub-paragraph (5)— (aa) omit “by the establishment or undertaking”, (bb) after “registration” insert— by— (a) the operator, in the case of a waste controlling or transporting activity; or (b) the establishment or undertaking in all other cases . (6) In paragraph 11 (register of exempt facilities)— (a) in sub-paragraph (2)(c), after “for an” insert “exempt waste controlling or transporting activity,”; (b) after sub-paragraph (4) insert— (4A) If the exemption registration authority is not satisfied that an operator carrying on an exempt waste controlling or transporting activity will operate in accordance with the requirements specified in paragraph 4A, it must refuse to register that exempt waste controlling or transporting activity. ; (c) in sub-paragraph (5)(b), after “for” insert “exempt waste controlling or transporting activities,”. (7) In paragraph 12(1) (duty to remove entries from the register) for sub-paragraph (a) substitute— (a) the exemption registration authority— (i) becomes aware that the exempt facility, other than an exempt waste controlling or transporting activity, is no longer in operation at the place stated in the relevant particulars, or (ii) becomes aware that an exempt waste controlling or transporting activity is no longer— (aa) in operation at the address provided in accordance with paragraph 10(4)(a)(iii); (bb) using the address provided in accordance with paragraph 10(4)(e)(i) as the principal place of business; or ; (8) In paragraph 13(10) (exclusion from the register of information affecting national security), in the opening words, after “4(1)(b),” insert “4A(1)(b),”; (9) In paragraph 15 (validity of registration of waste operations)— (a) in the heading, after “operations” insert “and waste controlling or transporting activities”; (b) in sub-paragraph (2), after “operation” insert “or a waste controlling or transporting activity”; (c) in sub-paragraphs (4) and (5), after “undertaking” insert “in relation to a waste operation, or (in the case of a waste controlling or transporting activity) an operator”; (d) in sub-paragraph (6), in the definition of “first registration”, for paragraph (a) substitute— (a) the first appearance on the register of relevant particulars for— (i) in relation to a waste operation other than a WEEE operation, an establishment or undertaking, or (ii) in relation to a waste controlling or transporting activity, an operator, or ; (10) In paragraph 16 (changes to relevant particulars relating to waste operations)— (a) in the heading, after “operations” insert “and waste controlling or transporting activities”; (b) in sub-paragraph (1), after “operation” insert “or an operator in relation to a waste controlling or transporting activity”; (c) in sub-paragraph (2)— (i) after “undertaking”, in the first place it occurs, insert “, or operator”; (ii) after “undertaking” in the second place it occurs, insert “or operator”; (d) in sub-paragraph (4), after “undertaking” insert “or operator”. (11) In paragraph 18 (periodic inspections of establishments and undertakings)— (a) in the heading for “and undertakings” substitute “, undertakings and operators”; (b) renumber the existing paragraph as sub-paragraph (1); and (c) after sub-paragraph (1) insert— (2) The exemption registration authority must carry out appropriate and periodic inspections of operators carrying on exempt waste controlling or transporting activities. .