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The Transfrontier Shipment of Waste (Amendment) Regulations 2014

Consolidated Text Cited authorities 59 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
  • These Regulations may be cited as the Transfrontier Shipment of Waste (Amendment) Regulations 2014 and come into force on 1st May 2014.
  • The Transfrontier Shipment of Waste Regulations 2007
  • Regulation 2 (application) is revoked.
    • (1) Regulation 4 (interpretation) is amended as follows.in the definition of “authorised person”, for “50(2) ” substitute “50A(1) ”;after the definition of “the Community Regulation” insert—
      • competent authority” means a competent authority within the meaning of regulation 6 or 7;
      • “the English area” means that part of the marine area which is not the Northern Irish area, the Scottish area or the Welsh area;
    ;    for the definition of “the marine area” substitute—
      • “the marine area” means—
        • (a) the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom, including—
          • (i) any area submerged at mean high water spring tide, and
          • (ii) the waters of every estuary, bay, river or channel, so far as the tide flows at mean high water spring tide,
        • (b) the seabed and the subsoil within any area designated under subsection (7) of section 1 of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf) , and
        • (c) waters superjacent to the seabed and the seabed and its subsoil within any area designated under subsection (4) of section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production) ;
    ;    after the definition of “the marine area” insert—
      • “the Northern Irish area” means such of the marine area adjacent to Northern Ireland which lies to the west of the Northern Irish border;
    ;    after the definition of “notifiable waste” insert—
      • “the Scottish area” means such of the marine area adjacent to Scotland which lies to the north of the Scottish border and east of the Northern Irish border;
    ; and    after the definition of “waste vessel” insert—
      • “the Welsh area” means such of the marine area adjacent to Wales which lies within the Welsh border;
      • “working day” means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971
        • in any part of the United Kingdom.
    .    (3) After paragraph (1) insert—
    • (1A) In these Regulations—
    • (a) any reference to England, Wales, Scotland or Northern Ireland excludes any part of the marine area; and
    • (b) except in the case of any reference to the territorial sea adjacent to the United Kingdom and in the definition of “Dividing Line” in regulation 4A(4) , any reference to the United Kingdom includes the marine area.
    any reference to England, Wales, Scotland or Northern Ireland excludes any part of the marine area; andexcept in the case of any reference to the territorial sea adjacent to the United Kingdom and in the definition of “Dividing Line” in regulation 4A(4) , any reference to the United Kingdom includes the marine area.
  • After regulation 4 insert—
      (4A) The Northern Irish border, the Scottish border and the Welsh border
    • (1) In these Regulations, “the Northern Irish border” means a line joining the co-ordinates numbered 1 to 12 in Part 1 of Schedule A1.
    • (2) In these Regulations, “the Scottish border” means—
    • (a) in the North Sea, a line—(i) joining the co-ordinates numbered 1 to 7 in Part 2 of Schedule A1,(ii) then following, in a south easterly direction, the seaward limits of the territorial sea adjacent to the United Kingdom until the co-ordinate 55º 50ʹ 00ʺ N; 1º 27ʹ 31ʺ W, and(iii) then following, in an easterly direction, the parallel of latitude 55º 50ʹ 00ʺ N until its intersection with the Dividing Line; and
    • (b) in the Irish Sea, a line—(i) joining the co-ordinates numbered 1 to 8 in Table 1 of Part 3 of Schedule A1,(ii) then following the seaward limits of the territorial sea adjacent to the United Kingdom until the co-ordinate numbered 1 in Table 2 of Part 3 of Schedule A1, and(iii) then joining the co-ordinates numbered 1 to 3 in Table 2 of Part 3 of Schedule A1.
    • In these Regulations, “the Northern Irish border” means a line joining the co-ordinates numbered 1 to 12 in Part 1 of Schedule A1.joining the co-ordinates numbered 1 to 7 in Part 2 of Schedule A1,then following, in a south easterly direction, the seaward limits of the territorial sea adjacent to the United Kingdom until the co-ordinate 55º 50ʹ 00ʺ N; 1º 27ʹ 31ʺ W, andthen following, in an easterly direction, the parallel of latitude 55º 50ʹ 00ʺ N until its intersection with the Dividing Line; andjoining the co-ordinates numbered 1 to 8 in Table 1 of Part 3 of Schedule A1,then following the seaward limits of the territorial sea adjacent to the United Kingdom until the co-ordinate numbered 1 in Table 2 of Part 3 of Schedule A1, andthen joining the co-ordinates numbered 1 to 3 in Table 2 of Part 3 of Schedule A1.joining the co-ordinates numbered 1 to 8 in Table 1 of Part 4 of Schedule A1,then following the seaward limits of the territorial sea adjacent to Wales until the co-ordinate numbered 15 in Table 2 of Part 4 of Schedule A1, andthen joining the co-ordinates numbered 15 to 1 in Table 2 of Part 4 of Schedule A1.In this regulation—
    • “co-ordinate” means a co-ordinate of latitude and longitude on the World Geodetic System 1984;
    • “Dividing Line” means the dividing line as defined in Article 1 of the Agreement between the United Kingdom and the Federal Republic of Germany relating to the Delimitation of the Continental Shelf under the North Sea between the two countries, signed in London on 25th November 1971
      • ;
    • “line” means a loxodromic line.
    the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of waters in the marine area;the exploration of a place in, under or over such waters with a view to the storage of gas;the conversion of a place under the shore or bed of such waters for the purpose of storing gas;the storage of gas in, under or over such waters or the recovery of gas so stored;the unloading of gas at a place in, under or over such waters;the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of such waters;the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity in this paragraph.gas as defined in section 2(4) of the Energy Act 2008carbon dioxide;“installation” includes an installation as defined in section 16 of the Energy Act 2008;permanently rests on or is permanently attached to the seabed, oris an installation as defined in section 16 of the Energy Act 2008;references to storing gas include storing gas with a view to its permanent disposal.
  • For regulation 6 (competent authorities of destination and dispatch) substitute—
    • in England and the English area, the Environment Agency;in Wales and the Welsh area, the Natural Resources Body for Wales;in Scotland and the Scottish area, the Scottish Environment Protection Agency;in Northern Ireland and the Northern Irish area, the Department of the Environment in Northern Ireland.
  • For regulation 7 (competent authority of transit) substitute—
    • The Environment Agency is the competent authority of transit for the United Kingdom for the purposes of the Community Regulation.The Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment in Northern Ireland must supply the Environment Agency with any information which the Environment Agency may require in connection with its functions as the competent authority of transit.
  • In regulation 10 (transitional provisions) omit “Latvia, Poland, Slovakia,”.
  • In regulation 14 (provision of the plan to competent authorities) after paragraph (a) insert—
    • the Natural Resources Body for Wales;
  • In regulation 46 (fees) omit paragraph (2) (a) .
  • After regulation 49 insert—
      (49A) Power to share information
    • (1) Officers of Revenue and Customs may disclose any information in their possession to the following for the purposes of the enforcement of the Community Regulation or these Regulations—
    • (a) the Environment Agency;
    • (b) the Natural Resources Body for Wales;
    • (c) the Scottish Environment Protection Agency; and
    • (d) the Department of the...
    • the Environment Agency;the Natural Resources Body for Wales;the Scottish Environment Protection Agency; andthe Department of the

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