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The Environmental Permitting (England and Wales) Regulations 2007

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This is the original version (as it was originally made).

Notifiable exempt waste operations: duties of the exemption registration authority

This section has no associated Explanatory Memorandum

11.—(1) If an exemption registration authority receives a notice under paragraph 3(1)(b) or 9, it must—

(a)enter the relevant particulars on the register; or

(b)during the relevant period, refuse to do so.

(2) But an authority which receives notice in relation to a waste operation falling within paragraph 40 of Schedule 3 must not enter the relevant particulars on the register unless—

(a)it has first carried out an inspection in accordance with paragraph 13; and

(b)in addition to verification in accordance with paragraph 13(3), the authority is satisfied that best available treatment, recovery and recycling techniques will be used.

(3) An exemption registration authority must remove an entry in relation to a notifiable exempt waste operation from the register if it—

(a)does not receive a renewal notice which complies with paragraph 10 in relation to the entry; or

(b)decides, within the relevant period, to refuse to renew a registration in response to a renewal notice.

(4) If an exemption registration authority refuses to enter relevant particulars on the register or renew a registration, the authority must give notice to the establishment or undertaking in question of the decision and the reasons for it.

(5) In this paragraph—

“best available treatment, recovery and recycling techniques” has the meaning given by paragraph 1 of Schedule 3;

“the relevant period” means—

(a)

in the case of a waste operation falling within paragraph 40 of Schedule 3, the period of 2 months beginning with the receipt by the exemption registration authority of the notice; or

(b)

in any other case, the period of 25 working days beginning with the date of receipt by the exemption registration authority of the notice in question,

or in any case, a longer period than the period in paragraph (a) or (b), if it is agreed in writing between the exemption registration authority and the establishment or undertaking in question.

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