Environmental Protection Act 1990 Part II - Waste Management Licences - The Appeal Procedure Guidance
Appendix 2
Published Officaial Guidance For Reference
Advice can be found on many of the issues which might become the subject of an appeal in the following publications:-
Environmental Protection Act 1990
Waste Management Licensing Regulations 1994 (S.I. 1994 No.1056 as
amended)
These Regulations make provision under the 1990 Act for the operation
of the waste management licensing system set up by that Act and came
into operation on 1 May 1994.
EC Legislation on Waste
The main relevant legislation is the amended EC Framework Directive
on waste . The Directive provides a set of rules for the recovery
and disposal of waste. The 1994 Regulations and the waste management
licensing system under Part II of the 1990 Act are the principal
means of fulfilling the Government's obligations under the Framework
Directive. The 1994 Regulations also give effect to the common European
definition of waste in the Directive.
Circular 11/94 On Waste Management Licensing
This Circular explains the interrelationship between the Framework
Directive on waste and the UK provisions, and provides detailed guidance
on waste management licensing as a whole. Annex 10 to the Circular
relates specifically to the procedures for appeals against decisions
made on waste management licences under section 43 of the 1990 Act.
Circular 6/95 on exemptions for the recovery of scrap metal
The main purpose of this Circular is to provide guidance on the exemptions
from licensing which have been provided for the recovery of scrap
metal and waste motor vehicle dismantling. However, it also contains
advice on issues such as waste management policy and proportionality.
Waste Management Papers
These Papers cover various aspects of treating, handling and storing
waste, and the technical aspects and particular problems associated
with different methods and sites. In particular:
WMP 4 (plus amendment 1) – Licensing of Waste Management Facilities
This paper provides guidance which the Environment Agency has a duty
to have regard to in the discharge of its waste management licensing
functions, and covers the operation of waste management licences
under the 1990 Act.
WMP 4A (plus amendment) – Licensing of Metal Recycling Sites
This paper provides detailed guidance on sites recovering scrap metal
(scrap yards) or dismantling waste motor vehicles.
Waste Management – The Duty of Care Code of Practice
This code of practice, published in March 1996, will assist all those
concerned with controlled waste.
Waste Management Licensing Fees and Charges Scheme 1996
This document contains a copy of, and provides guidance on, the 1996
charging scheme and on the calculation of the fees and charges payable
by applicants and licence holders.
Environment Act 1995
Schedule 20 and 22 of this Act, which commenced on 1 April 1996, amend
Part II of the 1990 Act.
Other Relevant Guidance
Guidance on specific issues which arise from time to time in appeals
may also be found in documents such as:
- Animal Remains Incineration – guidance on Air Pollution Control PG5/3(95). This guidance explains the exemptions from incinerator controls and the way in which those that are controlled should operate; and
- Planning and Pollution Control – PPG 23. This note explains
the relationship between the statutory controls over waste and pollution
exercised mostly under the 1990 Act and planning controls under the
Town and Country Planning Act 1990.