The Waste Management Licensing Regulations 1994

Exclusion of activities under other control regimes from waste management licensing

16.—(1) Subject to paragraph (2) below, section 33(1)(a), (b) and (c) of the 1990 Act shall not apply in relation to the carrying on of any of the following activities—

(a)the recovery or disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process designated for central control under section 2(4) of the 1990 Act;

(b)the disposal of waste under an authorisation granted under Part I of the 1990 Act where the activity is or forms part of a process within paragraph (a) of Part B of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations insofar as the activity results in releases of substances into the air;

(c)the disposal of liquid waste under a consent under Chapter II of Part III of the Water Resources Act 1991(1) or under Part II of the Control of Pollution Act 1974(2); and

(d)the recovery or disposal of waste where the activity is or forms part of an operation which is for the time being either—

(i)the subject of a licence under Part II of the Food and Environment Protection Act 1985(3); or

(ii)carried on in circumstances where such a licence would be required but for an order under section 7 of that Act.

(2) Paragraph (1)(a) and (b) above does not apply insofar as the activity involves the final disposal of waste by deposit in or on land.