Waste Management
(Jersey) Law 2005
Official
Consolidated Version
This is an official
version of consolidated legislation compiled and issued under the authority of
the Legislation (Jersey) Law 2021.
22.950
Showing the law
from 11 January 2024 to Current
Waste Management
(Jersey) Law 2005[1]
A LAW to provide for the control and
management of waste operations within Jersey; to regulate the transboundary
movement of wastes, as far as they involve Jersey, in accordance with certain
international agreements relating to such movement; and for related purposes.
Commencement [see endnotes]
PART 1
INTRODUCTORY PROVISIONS
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“approved”
means approved in writing by the Minister;
“approved code of
practice” means a code of practice that is approved by an Order made
under this Law;
“authorized”
means authorized in writing;
“Basel Convention”
and “Convention” mean the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal concluded at
Basel on the 22nd day of March 1989, as amended;
“bilateral or
equivalent agreement” means an agreement or arrangement into which a
Party to the Basel Convention may enter in accordance with Article 11 of
the Convention;
“business”
includes –
(a) a
trade;
(b) an
industrial activity;
(c) a
commercial activity; and
(d) a
profession;
“caravan”
means –
(a) a
structure (other than a tent) that is designed or adapted for human habitation,
and can be moved from one place to another by being carried either by a motor
vehicle or trailer; or
(b) a
motor vehicle that is designed or adapted for human habitation;
“carry”
includes to tow from or otherwise move by means of a motor vehicle or trailer;
“certificate of
confidentiality” means a certificate of confidentiality that is granted
under Article 94;
“competent authority
concerned” means, in respect of a transboundary movement of waste –
(a) the
competent authority of the country of dispatch;
(b) the
competent authority of a country of transit, if the consignment will pass
through such a country in the course of the movement; or
(c) the
competent authority of the country of destination;
“competent authority
of the country of destination” means the authority, in the country for
which a transboundary movement of waste is destined, that is responsible for
implementing and executing the administrative and operational requirements for
the control of the movement;
“competent authority
of the country of dispatch” means the authority, in the country from
which a transboundary movement of waste originates and is dispatched, that is
responsible for implementing and executing the administrative and operational
requirements for the control of the movement;
“competent authority
of a country of transit” means the authority, in a country through which
a transboundary movement of waste passes in transit, that is responsible for
implementing and executing the administrative and operational requirements for
the control of the movement in transit;
“conduct”
includes an act and an omission;
“conform to”,
when used in reference to an approved code of practice, means to conduct
oneself in accordance with the code;
“consignor” –
(a) in
any case, means a person by whom waste is originally consigned; and
(b) also
means a recognized trader acting on behalf of a person by whom waste is
originally consigned;
“consignee” –
(a) in
any case, means a person to whom waste is to be delivered for disposal or
recovery; and
(b) also
means a recognized trader acting on behalf of a person to whom waste is to be
delivered for recovery;
“consignment note” –
(a) in
the case of an internal movement of waste, means a consignment note in the
prescribed form that is supplied under Article 22 for the purposes of Part 3;
(b) in
the case of a transboundary movement of waste by way of export from Jersey,
means a consignment note in the prescribed form that is supplied under Article 22
for the purposes of Part 4; and
(c) in
the case of any other transboundary movement of waste, means a consignment note
in the prescribed form that is supplied under Article 22 for the purposes
of Part 4, or a consignment note that is in the same form materially as
one so prescribed and is supplied by any other competent authority concerned;
“contravention”
includes a failure to comply with a requirement;
“country”
means a State or a dependent territory of a State;
“country concerned”
means, in respect of a transboundary movement of waste, the country of dispatch,
a country of transit or the country of destination;
“country of dispatch”
means a country from which a proposed transboundary movement of waste is to be
initiated, or from which a transboundary movement of waste is initiated;
“country of
destination” means –
(a) a
country to which a proposed transboundary movement of waste is to take place,
or to which a transboundary movement of waste does take place, for the purpose
of disposal or recovery in that country; or
(b) a
country to which a proposed transboundary movement of waste is to take place,
or to which a transboundary movement of waste does take place, for the purpose
of being loaded for disposal or recovery in an area that is not within the
jurisdiction of any country;
“country of transit”
means a country through which a proposed transboundary movement of waste is to
take place or through which a transboundary movement of waste does take place
(other than the country of dispatch or the country of destination);
“disposal”
means disposal by an operation described in Part 1 of Schedule 1;
“environmentally
sound management”, when used in respect of waste, means the taking of all
practicable steps to ensure that it is managed in a manner that will protect
human health and the environment against the adverse effects that may result
from such waste; and “in a manner that is environmentally sound”
means in a manner that is in accordance with environmentally sound management;
“European Community
Regulation” means Regulation (EC) No. 1013/2006 of the European
Parliament and of the Council of 14th June 2006 on shipments of waste
(O.J. No. L 190, 12.7.2006, p.1);
“generator” –
(a) in
any case, means a person whose activity creates waste;
(b) in
any case in which it is not known whose activity has caused waste, also means a
person who has possession and control of the waste; and
(c) in
the case of a transboundary movement of waste to which an OECD control
procedure applies, where the waste results from an operation involving the
mixing or physical or chemical transformation of 2 or more different wastes,
also means the person who performs that operation;
“harbour” has
the same meaning as it has in Article 1 of the Harbours
(Administration) (Jersey) Law 1961;
“harbour limits”
means the outer limits of those parts of a harbour that are policed and
controlled by the Harbour Master;
“hovercraft”
means a motor vehicle that is designed to be supported, when in motion, wholly
or partly by air expelled from the motor vehicle to form a cushion of which the
boundaries include the ground, water or any other surface beneath the motor
vehicle;
“illegal traffic”
means –
(a) a
transboundary movement of waste without notification, pursuant to the Basel
Convention, to each country concerned;
(b) a
transboundary movement of waste without the consent, pursuant to the
Convention, of each country concerned whose consent is required by the
Convention;
(c) a
transboundary movement of waste, if consent is obtained by falsification,
misrepresentation or fraud;
(d) a
transboundary movement of waste if, in any material way for the purposes of the
Convention, the movement does not conform with the documents relating to that
movement; or
(e) a
transboundary movement of waste, if the movement results in deliberate disposal
of the waste in contravention of the Convention or of general principles of
international law;
“inspector”
means an inspector appointed under Article 82;
“internal movement”
means a movement within Jersey that is not a transboundary movement;
“land” does
not include the seabed, but otherwise includes –
(a) a
house, building or premises; and
(b) land
under water,
and the expression “on
land” means on, in or under land;
“micro-organism”
includes any microscopic, biological entity that is capable of replication;
“Minister”
means the Minister for the Environment;
“mixture of wastes”,
in the case of a transboundary movement of waste to which an OECD control
procedure applies, means a waste that results from an intentional or
unintentional mixing or 2 or more different wastes, but 2 or more wastes in a
single shipment are not a mixture of wastes if they are separated;
“motor vehicle”
means a motor vehicle as defined in Article 2(1) of the Road
Traffic (Jersey) Law 1956;
“national law”
means a law of a country;
“normal procedure
for commercial transactions” when used in respect of a transboundary
movement of waste, means the rules of law that govern that movement, other
than a standard control procedure;
“OECD” means
the Organisation for Economic Co-operation and Development;
“OECD Decision”
means the Decision of the Council of the Organisation for Economic Co-operation
and Development of the 30th day of March 1992 concerning the control of
transfrontier movements of wastes destined for recovery operations (which
Decision is cited by that organization as “C(92)39/FINAL”), as
revised on the 22nd day of May 2001 (C (2001) 107) and on the 18th day of
March 2004 (C 2004) 20);
“person”
includes any Minister;
“pollution”
includes the introduction directly or indirectly into the environment of any
substance or energy, if its introduction results or is likely to result in –
(a) a
hazard to human health or food or water supplies;
(b) harm
to any living resource or ecosystem;
(c) damage
to any amenity; or
(d) interference
with any legitimate use of land, water or air,
and whether or not its
introduction is or would be the only contributing factor to that hazard, harm,
damage or interference.
“prescribe”
means to prescribe by Order;
“recognized trader”
means a person who is for the time being recognized as a trader by the Minister
under Article 63;
“record”
includes a computer record and a record kept otherwise than in a document;
“recovery”
means recovery by an operation described in Part 2 of Schedule 1;
“registered waste
carrier” means a person to whom a letter of registration that is for the
time being in effect has been issued under Article 43;
“registration”
means registration as a waste carrier under Article 41;
“representation”
includes an objection;
“seabed” means
land that is covered by the sea at mean high water springs;
“Secretary of State”
means the Secretary of State for the time being exercising in the United
Kingdom the functions of a competent authority of transit;
“site”
includes any land, or any facility (whether fixed or mobile) at or on which an
activity is carried on;
“standard control
procedure” means –
(a) the
standard control procedure for internal movement;
(b) the
standard control procedure for export;
(c) the
standard control procedure for import; or
(d) the
standard control procedure for transit,
or in any country outside Jersey,
a procedure to the same effect;
“standard control
procedure for export” means the procedure set out in Part 2 of
Schedule 8;
“standard control
procedure for import” means the procedure set out in Part 3 of
Schedule 8;
“standard control
procedure for internal movement” means the procedure set out in Part 1
of Schedule 8;
“standard control
procedure for transit” means the procedure set out in Part 4 of
Schedule 8;
“substance”
includes –
(a) any
matter whatever (whether it is in solid or liquid form, or is in the form of
gas or vapour, or is radioactive matter or is natural or artificial); and
(b) any
micro-organism;
“suspend”,
when referring to a waste management licence or registration as a waste
carrier, means to suspend its effect, wholly or partly;
“transboundary
movement” means –
(a) a
movement, involving at least 2 countries, from an area that is under the
jurisdiction of one country to or through an area that is under the
jurisdiction of another country; or
(b) a
movement, involving at least 2 countries, from an area that is under the
jurisdiction of one country to or through an area that is not under the
jurisdiction of any country;
“vary”, when
referring to a waste management licence, means to vary any term or condition of
the licence;
“waste” means –
(a) any
substance or object, that is discarded;
(b) any
substance or object, in a person’s possession or control, that the person
intends to discard; or
(c) any
substance or object, in a person’s possession or control, that the person
is required by a national law to discard,
but does not mean a
gaseous effluent that is emitted into the atmosphere, and does not mean waste
water that is not waste in liquid form;
“Waste Framework
Directive” means Directive 2008/98/EC of the European Parliament and of
the Council of 19th November 2008 on waste and repealing certain
Directives (text with EEA relevance) (O.J. No. L 312, 22.11.2008, p.3);
“waste management
licence” means a waste management licence that is issued by the Minister
under Article 30.[2]
(2) In
this Law, a reference to a member State of the OECD or of the European Union
includes a reference to a dependent territory of that State that is bound by
the Basel Convention or by the OECD Decision, as the case may be.
(3) For
the purposes of this Law, the storage of waste is secure if all reasonable
precautions have been taken (having regard to the particular physical and
chemical properties of the waste and of any components of the waste) so that –
(a) the
waste cannot escape from the container, place or other thing in which it is kept;
(b) the
waste cannot come into contact with any other waste or other substance;
(c) the
waste is unlikely to be exposed to seriously adverse effects of weather; and
(d) the
public does not have uncontrolled access to the place at which the waste is
kept.
(4) For
the purposes of this Law, waste is in transit in a country if it is there in
the course of a transboundary movement that did not begin in that country and
is not intended to end in it.
(5) Unless
the context otherwise requires, a reference in this Law to an enactment
includes a reference to any Regulation, Order, Bye-law or Notice made or issued
under that enactment.
2 Controlled
wastes
(1) In
this Law, “controlled waste” means –
(a) hazardous
waste;
(b) health
care waste; or
(c) municipal
waste.
(2) The
States may by Regulations declare that any other kind of waste shall also be
controlled waste within the meaning of this Law.
3 Hazardous
wastes
(1) In
this Law, “hazardous waste” means –
(a) waste
that is described in Section A of Part 1 of Schedule 2 (which
Part relates to wastes specified in the Basel Convention), and possesses at
least one of the hazardous characteristics described in Section B of that
Part; and
(b) waste
that is described in Part 2 of Schedule 2 (which Part relates to
other wastes that are hazardous by national definition).
(2) The
States may by Regulations declare that any other kind of waste shall also be
hazardous waste within the meaning of this Law.
(3) However,
“hazardous waste” does not mean –
(a) waste
that, as a result of being radioactive, is subject to an international control
system or international instrument applying specifically to radioactive
materials (other than the Basel Convention and the system of control
established by the Convention); or
(b) waste
that is derived from the normal operations of a ship, the discharge of which is
regulated by an international instrument other than the Convention,
if that control system or
instrument (as the case may be) applies to or binds Jersey.
4 Health
care wastes
(1) In
this Law, “health care waste” includes –
(a) waste
arising from medical, nursing, dental, veterinary, pharmaceutical or similar
practice, investigation, treatment, care, instruction or research; or
(b) waste
arising from the collection of blood for transfusion or from the conduct of the
business of an undertaker or embalmer,
if it consists wholly or
partly of any of the following things, namely human or animal tissue, blood or
any other bodily fluid or excretion, a drug or other pharmaceutical product, a
swab or dressing or a syringe, needle or other sharp instrument.
(2) However –
(a) “health
care waste” does not include household waste from a building,
self-contained part of a building, caravan or premises that is or are used
wholly for the purposes of private living accommodation or a garage, or store,
that is used wholly in connection with the purposes of private living
accommodation, except in the circumstances and to the extent that Regulations
made under paragraph (3) provide that it shall include household waste
from such a source; and
(b) “health
care waste” does not include municipal waste in the circumstances and to
the extent that Regulations made under paragraph (3) provides that it
shall not do so.
(3) The
States may by Regulations provide that, in the circumstances and to the extent
that the Regulations so provide –
(a) “health
care waste” shall include household waste from a source described in paragraph (2)(a);
or
(b) “health
care waste” shall not include municipal waste.
5 Household
wastes
(1) In
this Law, except for the purposes of Schedule 3, “household
waste” means –
(a) waste
from a building, or self-contained part of a building, that is used wholly for
the purposes of private living accommodation;
(b) waste
from a garage, or store, that is used wholly in connection with the purposes of
private living accommodation;
(c) waste
from a caravan or campsite;
(d) waste
from premises that are used wholly or partly for the purposes of a college,
school or other educational establishment;
(e) waste
from premises that are used wholly or partly for the purposes of a hospital,
nursing home or residential home;
(f) waste
from a penal institution;
(g) waste
from a residential hostel; or
(h) waste
from premises that are used wholly or mainly for public meetings.
(2) For
the purposes of Schedule 3, “household waste” has the same
meaning as it has in the Basel Convention.
6 Municipal
wastes
In this Law,
“municipal waste” means –
(a) household
waste;
(b) any
residue from the incineration of household waste;
(c) any
other waste that, because of its nature or composition, is similar to household
waste;
(d) commercial
or trade refuse;
(e) waste
from any charitable undertaking; or
(f) any
residue from the incineration of anything described in any of paragraphs (c),
(d) and (e).
7 Wastes
that are subject to the Basel Convention
For the purposes of this
Law, a waste is to be regarded as being subject to the Basel Convention if it
is a waste that is described in Schedule 3.
8 Wastes
that are subject to the Basel Convention ban
(1) For
the purposes of this Law, a waste is to be regarded as being subject to the
Basel Convention ban if –
(a) it is
hazardous waste as defined in Article 3(1)(a) (waste described in
Section A of Part 1 of Schedule 2 and possessing at least one of
the hazardous characteristics described in Section B of that Part);
(b) it is
waste that is described in Part 1 of Schedule 4, and it contains
material that is hazardous waste (as defined in Article 3(1)(a)) to such
an extent as to cause it to exhibit a hazardous characteristic described in
Section B of Part 1 of Schedule 2; or
(c) it is
waste to which the OECD Amber control procedure applies.
(2) However,
if a waste is described in Part 2 of Schedule 4, and it does not
contain material that is hazardous waste as defined in Article 3(1)(a) to
such an extent as to cause it to exhibit a hazardous characteristic described
in Section B of Part 1 of Schedule 2, it is not to be regarded
for the purposes of this Law as being subject to the Basel Convention ban.
9 Wastes
to which the OECD control procedures apply
(1) For
the purposes of this Law, an OECD control procedure applies to a transboundary
movement of waste if –
(a) the
movement is from an area under the national jurisdiction of a member State of
the OECD to an area under the national jurisdiction of another member State of
the OECD, for recovery; and
(b) it is
a movement to which any of paragraphs (2), (3), (4) and (5) applies.
(2) If
the waste is described in Part 1 of Schedule 5, the transboundary
movement of waste is one to which the OECD Amber control procedure applies.
(3) If
the waste is described in Part 2 of Schedule 5, the transboundary
movement of waste is one to which the OECD Green control procedure applies,
unless it is contaminated by any other material to an extent that –
(a) increases
the risks associated with the waste sufficiently to render it appropriate for
submission to the OECD Amber control procedure, when taking into account the
criteria in Part 3 of Schedule 5; or
(b) prevents
the recovery of the waste in a manner that is environmentally sound,
in which case the
transboundary movement of waste is one to which the OECD Amber control
procedure applies.
(4) If
the waste is a mixture of different wastes, and –
(a) the
mixture itself is not described in Schedule 5;
(b) the
OECD Amber control procedure applies to at least one of the wastes comprising
the mixture, and that waste is present in the mixture in an amount that is more
than minimal; and
(c) the
composition of the mixture does not impair its recovery in a manner that is
environmentally sound,
the transboundary movement
of the mixture is one to which the OECD Amber control procedure applies.
(5) If
the waste is a mixture of different wastes, and –
(a) the
mixture itself is not described in Schedule 5;
(b) the
OECD Green control applies to each of the wastes comprising the mixture; and
(c) the
composition of the mixture does not impair its recovery in a manner that is
environmentally sound,
the transboundary movement
of the mixture is one to which the OECD Green control procedure applies.
(6) If
a transboundary movement described in paragraph (1)(a) involves Jersey,
and the waste is not described in Schedule 5 –
(a) the Minister
shall identify the waste and notify the Secretary of State; and
(b) where
the waste exhibits a hazardous characteristic described in Section B of Part 1
of Schedule 2, this Law shall apply to the movement as if it were one to
which the OECD Amber control procedure applies.
PART 2
ADMINISTRATION
10 General
regulatory objectives
In carrying out his or
her functions under this Law, the Minister shall have regard to the following
objectives –
(a) the
minimizing of the generation of waste within Jersey;
(b) the
adequacy, for the environmentally sound management of controlled wastes within Jersey,
of facilities used by persons who carry on activities relating to those wastes;
(c) the
taking, by those persons, of measures that are necessary to avoid or prevent
pollution arising from such activities; and
(d) compliance
with international agreements, other international instruments and
international obligations (including the OECD Decision) that relate to the
transboundary movement of waste and are applicable to or binding on Jersey.
11 States
waste management policy
In carrying out his or
her functions under this Law, the Minister may also take into account any other
policies for the time being of the States in respect of the management of
wastes within Jersey.
12 Operating
considerations
In carrying out his or
her functions under this Law, the Minister shall have regard as far as is
reasonably practicable to the following considerations –
(a) the
best techniques that are for the time being available and the best
environmental practice that is for the time being recognized for the
environmentally sound management of waste (including, where appropriate, clean
technology);
(b) a
precautionary principle, by which if there are reasonable grounds for concern
that any activity relating to waste may cause pollution or other harm to the
environment, the Minister takes preventive measures in anticipation of the
risk, whether or not there is conclusive evidence of a causal relationship
between that activity and such pollution or other harm;
(c) a
cost principle in respect of pollution, by which the costs of preventing,
controlling, reducing and eliminating pollution that may be caused or is caused
by activities relating to waste are borne by the persons who cause or knowingly
permit it.
13 Regulatory
functions in respect of transboundary movements
(1) For
the purposes of this Law, the Minister shall within Jersey be the competent
authority in respect of –
(a) the
export of waste from Jersey; and
(b) the
import of waste into Jersey.
(2) For
the purposes of this Law, the Minister shall within Jersey carry out the
functions of the competent authority of transit on behalf of the Secretary of
State.
14 Dissemination
of information
(1) The
Minister shall publish reports of the Minister’s activities under this
Law.
(2) The
Minister shall also make available, for public inspection, the other
information in the Minister’s possession that is specified in Schedule 6,
but this paragraph is subject to paragraph (6).
(3) That
information shall be available for inspection by any person during reasonable
office hours, as soon as possible after it is requested and in any event within
28 days.
(4) The
Minister shall also provide facilities to enable persons inspecting the
information to copy it.
(5) The
Minister may make reasonable charges for providing information and facilities
for copying under this Article.
(6) The
Minister may refuse to make available under this Article any information
specified in Schedule 7.
(7) If
the Minister refuses any request for information under this Article, the
Minister shall give the applicant a statement in writing of his or her reasons.
(8) This
Article is subject to Article 95.
15 Approved
codes of practice
(1) The
Minister may by Order approve any code of practice for the purposes of this
Law.
(2) In
exercising his or her powers under paragraph (1), the Minister shall have
regard to the desirability of –
(a) practical
guidance for persons engaged in activities that relate to waste and may cause
pollution; and
(b) the
promotion and encouragement of good practices by those persons for minimizing
the generation of waste and avoiding, preventing, controlling, reducing or
eliminating such pollution.
16 Consultation
(1) Before
the Minister determines any proposal specified in paragraph (2), the
Minister shall consult the Minister for Health and Social Services and the Minister
for Social Security.
(2) Paragraph (1)
refers to a proposal to grant, vary or transfer a waste management licence, or
a proposal for the surrender of such a licence.
(3) Before
the Minister determines any proposal relating to a waste management licence, or
the registration of a waste carrier, the Minister may consult any person or
body other than one to whom paragraph (1) refers.
17 Public
notice of proposals
(1) Before
the Minister determines any proposal described in Article 16(2), the
Minister shall comply with this Article.
(2) The
Minister shall publish in the Jersey Gazette a notice that –
(a) states
that a copy of the proposal will be available for inspection free of charge at
a place specified in the notice;
(b) specifies
the period for which the proposal will be available for inspection (being a
period of not less than 21 days beginning after the notice is published in
the Jersey Gazette);
(c) specifies
times, during reasonable office hours, when the proposal may be inspected; and
(d) explains
that anyone may make representations in writing to the Minister in respect of
the proposal at any time before the expiry of the 7 days following the period
for inspection,
and the Minister shall
make a copy of the proposal available accordingly for inspection.
(3) If
the Minister is satisfied on reasonable grounds that the proposal does not have
and is not likely to have any appreciable adverse effect on the environment,
the Minister need not comply with paragraph (2).
(4) Any
person who wishes to make representations in respect of the proposal may do so
by delivering them in writing to the Minister at any time before the expiry of
the 7 days following the period for inspection.
(5) If
a person who delivers such representations wishes to have the right under
Article 97 to be given notice of an appeal, the person shall also provide
in writing to the Minister an address for service within Jersey.
(6) The
Minister shall serve on the applicant or licensee (as the case may be) copies
of all representations made by other persons under paragraph (4) in
respect of the proposal, and the person may deliver to the Minister
representations in writing in reply, within 14 days after being served.
(7) The
Minister shall not proceed to determine the proposal until the time limits for
making representations under this Law have elapsed.
(8) In
determining the proposal, the Minister shall consider all representations made
under this Law in respect of the proposal.
18 Applications
under this Law
The following provisions
shall apply in respect of any application made under this Law to the Minister –
(a) the
application shall be made in writing, in such form as may be prescribed or (if
no form is prescribed) as the Minister may reasonably require;
(b) it
shall include such information (including maps and diagrams) as may be
prescribed, and as the Minister may otherwise reasonably require for the
purposes of this Law;
(c) if
a fee has been prescribed, the application shall be accompanied by the fee;
(d) in
the course of considering the application, the Minister may require the
applicant to provide such additional information as the Minister could
reasonably have required under paragraph (b); and
(e) if
any other requirement is made by or under this Law in respect of an
application, the applicant shall also comply with that requirement.
19 Reasons
for decisions
If –
(a) the
Minister determines any application under this Law;
(b) acting
on the Minister’s own motion, the Minister varies any term or condition of
a waste management licence; or
(c) the
Minister suspends or revokes such a licence, or the registration of a person as
a waste carrier,
the Minister shall state
in writing his or her reasons for doing so.
20 Time
limits for decisions and responses
(1) If –
(a) an
application is made in accordance with this Law under any of Articles 26,
32, 34, 37, 40 and 48; and
(b) the Minister
has not determined the application within the period of 3 months following
the relevant date, or within such longer time limit (if any) as the applicant
may agree to,
the failure of the Minister
to determine the application shall constitute for the purposes of this Law a
decision by the Minister to refuse, without stating his or her reasons, to
grant the application.
(2) If –
(a) for
the purposes of consultation in accordance with Article 16(1), the Minister
refers a proposal to another Minister that the Minister is required by that
paragraph to consult; and
(b) that
other Minister does not respond within 21 days after the proposal is
referred to the other Minister, or within such longer time limit (if any) as
may be agreed between the Minister and that other Minister,
the Minister may assume
that the other Minister has no objection to the proposal, and proceed as if he
or she had consulted with that other Minister in compliance with Article 16(1).
(3) In
paragraph (1), “the relevant date” means a date by which the
applicant has done everything that the applicant is required to do or may be
required to do under this Law in respect of his or her application.
21 Consignment
notes
(1) Consignment
notes –
(a) for
the internal movement of waste, for the purposes of Part 3; and
(b) for
the transboundary movement of waste, for the purposes of Part 4,
shall be in the prescribed
forms.
(2) The
form of a consignment note shall contain in accordance with this Law separate
provision in relation to the consignor, each carrier and the consignee.
(3) If
a consignment note is for transboundary movement, the form of the note shall
also conform to the other requirements of the Basel Convention and the OECD
Decision.
22 Supplying
of notes
(1) At
the request of any person and (if there is a prescribed fee) on payment of the
fee, the Minister shall supply to the person in respect of each movement to
which a consignment note relates sufficient copies of the note to enable
compliance with the requirements of this Law.
(2) The
Minister shall assign a unique identification code or other reference to each
consignment note of which the Minister supplies copies to a person.
PART 3
WASTE MANAGEMENT WITHIN JERSEY
Licensing of waste
operations
23 Prohibition
of unlicensed or harmful activities involving waste
(1) A
person who causes or knowingly permits any activity to which this Article
applies to be carried on shall be guilty of an offence, unless it is carried on
in accordance with a waste management licence that is issued under this Law by
the Minister and is for the time being in effect.
(2) This
Article applies to each of the following activities, namely –
(a) the
deposit of controlled waste on any land;
(b) the
keeping of controlled waste on any land;
(c) the
treatment of controlled waste on any land, or by means of any mobile plant; and
(d) the
disposal or recovery of controlled waste on any land, or by means of any mobile
plant.
(3) The
prohibition in paragraph (1) is subject to Article 24.
(4) A
person who deposits, keeps, treats, disposes of or recovers controlled waste in
a manner that is likely to cause pollution shall be guilty of an offence.
(5) Any
person who is guilty of an offence under paragraph (1) or paragraph (4)
shall be liable to imprisonment for a
term of 2 years and to a fine.
24 Exemptions
from requirement for licence
(1) If
the Minister is satisfied that an activity described in Article 23(2) is
of any one of the following kinds, namely –
(a) an
activity that is adequately controlled under another enactment;
(b) an
activity that consists of the deposit of controlled waste in quantities that
are so small or so temporary as not to significantly endanger human health, the
environment or flora or fauna;
(c) an
activity that consists of the treatment or disposal of controlled waste and
does not significantly endanger human health, the environment or flora or
fauna; or
(d) an
activity relating to household waste,
the Minister may by Order
declare that it is an activity to which the prohibition in Article 23(1)
shall not apply if paragraph (3) of this Article is complied with.
(2) The
Minister may make an Order under paragraph (1) on such conditions (if any)
as the Minister specifies in the Order.
(3) In
particular, conditions imposed under paragraph (2) may –
(a) require
that an activity to which an Order relates must be registered;
(b) specify
maximum periods for which an activity to which an Order relates may be carried
on; and
(c) specify
maximum amounts of waste that may be stored at a place where an activity to
which an Order relates is carried on (whether or not all of those wastes are
controlled wastes),
but this paragraph does
not limit the generality of paragraph (2).
(4) While
an Order under paragraph (1) of this Article is for the time being in
force in respect of an activity, and –
(a) the
person carrying on the activity is either the owner of the land on which the
activity is carried on, or has the permission of the owner of that land to
carry it on there; and
(b) the
person carrying on the activity complies with the conditions (if any) on which
the Order is made,
the prohibition in Article 23(1)
shall not apply in respect of that activity.
(5) For
the purposes of this Article, a person registers an activity if he or she
informs the Minister in writing of the following matters –
(a) the
nature of the activity;
(b) the
person by whom it is to be carried on;
(c) the
place where it is to be carried on; and
(d) the
time or times when it will be carried on.
25 Persons
who may hold licences
(1) A
waste management licence may be granted or transferred only to a person who
intends to carry on the activity to which it relates.
(2) A
waste management licence may be granted or transferred to a person only if the Minister
is satisfied that the person is fit to carry on the activity to which it
relates.
(3) In
deciding whether the person is fit to do so, the Minister shall take into
account inter alia the following factors –
(a) the
person’s financial security;
(b) the
person’s technical resources;
and
(c) any
relevant convictions for offences.
(4) In
paragraph (3), “financial security” means the sufficiency of
the person’s financial resources to ensure that the activity is carried
on in accordance with the terms and conditions of the waste management licence.
(5) In
paragraph (3), “technical resources” means the sufficiency of
the expertise that is directly available to the person –
(a) by
way of relevant and up-to-date experience of waste management practices or of
similar activities;
(b) by
reason of appropriate qualifications; or
(c) because
of a combination of such experience and qualifications,
to ensure that the
activity is carried on competently and responsibly.
(6) A
conviction for an offence is relevant for the purposes of this Article if –
(a) the
person who has been convicted is either the person whose fitness to hold a
waste management licence is under consideration or a person who is or is to be
engaged in a position of managerial responsibility in the activity to which it
relates; and
(b) the
conviction, taken by itself or together with any other relevant conviction
(whether or not of the same person), gives rise to an issue whether the person
whose fitness is under consideration should hold the licence.
(7) In
considering whether a conviction for an offence is relevant for the purposes of
this Article, the Minister shall have particular regard to any conviction for
an offence involving –
(a) actual
or potential pollution; or
(b) any
other risk to human health or the environment,
whether or not the offence
relates to waste, but this paragraph does not limit the generality of paragraph (6).
26 Applications
in respect of licences
(1) An
application in respect of a waste management licence shall be made to the Minister.
(2) Where
the applicant for the grant of a waste management licence is the owner of the
land to which the application relates, the application shall be accompanied by
evidence –
(a) that
the applicant has been granted planning permission (where required) in respect
of the land, for the purposes of the activity to which the application relates;
or
(b) that the
activity to which the application relates has been continuously carried out on
the land prior to 1st April 1965 and has continued to be carried on (without
a break) since that date.[3]
(3) Where
the applicant for the grant of a waste management licence is not the owner of
the land to which the application relates, the application shall be accompanied
by evidence –
(a) that
the applicant has the land-owner’s consent to occupy the land for the
purposes of the activity to which the application relates; and
(b) of
planning permission (where required) as described in paragraph (2)(a) or
of continuous use as described in paragraph (2)(b).[4]
(4) If
an application is for the transfer of a waste management licence –
(a) it
shall be made jointly by the licensee and the person to whom it is proposed to
transfer the licence; and
(b) the
proposed transferee shall produce in support of the application such evidence
as would be required of an applicant for the grant of a waste management
licence.[5]
(5) For
the purposes of paragraph (4)(b), the Minister may accept evidence that
has been produced to the Minister on any previous application.[6]
(6) The
expression “planning permission” has the meaning given in Article 1
of the Planning
and Building (Jersey) Law 2002.[7]
27 Determination
of application for licence
(1) The
Minister shall grant an application for a waste management licence if, but only
if –
(a) the
application is made in accordance with this Law;
(b) the Minister
is satisfied that the applicant is fit to hold the licence; and
(c) the Minister
is satisfied that the activity to which the application relates would not
involve a risk of pollution that cannot be effectively dealt with by imposing
conditions in the licence.
(2) If
the Minister grants the application, the Minister shall specify –
(a) the
activity that may be carried on in accordance with the licence; and
(b) the
land on which the activity may be carried on in accordance with the licence.
(3) If
the Minister grants the application, the Minister may do so on such conditions
as the Minister may specify in his or her decision.
(4) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
28 Conditions
of licence
(1) It
is a condition of every waste management licence that the licensee must not
carry on the activity to which the licence relates on any land that the
licensee may not for the time being lawfully use for that purpose.[8]
(1A) For
the purposes of fulfilling the condition specified in paragraph (1), land
is for the time being lawfully used for the purpose of carrying on the activity
to which the licence relates in the following cases –
(a) where
the land is owned by the licensee –
(i) the licensee is
using that land in accordance with planning permission granted (where required)
for the purpose of carrying on the activity to which the licence relates, or
(ii) the
licensee is continuing to carry on the activity to which the licence relates,
on land in respect of which that activity has been carried on prior to
1st April 1965 and has continued to be carried on (without a break)
since that date; or
(b) where
the land is not owned by the licensee –
(i) the licensee is,
with the land-owner’s consent, occupying that land for the purpose of
carrying on the activity to which the licence relates, and
(ii) the
licensee is using that land in accordance with planning permission as described
in paragraph (1A)(a)(i), or
(iii) the
licensee is continuing to carry on the activity to which the licence relates as
described in paragraph (1A)(a)(ii).[9]
(2) In
granting a waste management licence, the Minister may also impose conditions as
to –
(a) other
activities that are or may be carried on by the licensee on the land specified
in the licence;
(b) precautions
that are to be taken in respect of any activity that is carried on by the
licensee on that land; and
(c) works
to be carried out in connection with the activity to which the licence relates,
not being conditions
relating to health and safety at work or to commercial practice.
(3) In
particular, conditions imposed under paragraph (2) may provide for any of
the following matters –
(a) the
design or construction of any plant that is to be used for the purposes of the
activity to which the licence relates;
(b) the
manner in which the activity is to be carried on;
(c) the
times at which the activity may be carried on;
(d) the types
and quantities of waste that may be received and dealt with in any specified
period;
(e) emission
and discharge limits;
(f) the
keeping of records, the period or periods for which they shall be kept, the
making of returns and the giving of other information in respect of the
activity; and
(g) time
limits for complying with any conditions.
(4) Conditions
imposed under paragraph (2) may require the licensee to carry out works
before the activity to which the licence relates has commenced, or after it has
ceased and before the licence is revoked or surrendered.
(5) Conditions
imposed under paragraph (2) may relate to the deposit, keeping, treatment
or disposal by the licensee of waste that is not controlled waste.
(6) The
Minister may prescribe standard conditions (being conditions that the Minister
may impose under paragraph (2)) that shall apply to all waste management
licences or to all licences of prescribed categories, and if the Minister does
so, they shall be conditions of the licences to which they apply.
(7) Paragraphs (3),
(4), (5) and (6) do not limit the generality of paragraph (2).
29 Duration
of licence
(1) In
granting a waste management licence, the Minister shall specify the date from
which it shall have effect.
(2) A
waste management licence shall continue in effect according to its tenor until
it is revoked or surrendered in accordance with this Law.
(3) However,
a waste management licence shall not have effect to the extent that it is for
the time being suspended.
30 Issue
of licence
On granting an
application for a waste management licence, the Minister shall issue a licence
accordingly to the applicant.
31 Effect
of licence
A waste management
licence shall authorize the licensee to carry on, in accordance with the terms
and conditions of the licence, the activity to which it relates.
32 Variation
of licence on application of licensee
(1) Subject
to the other provisions of this Law, the Minister may on the application of the
licensee vary any term or condition of a waste management licence (other than a
condition specified in Article 28(1)).
(2) There
shall be a right of appeal, in accordance with Article 97, against the
refusal of the Minister to vary a licence in accordance with the application
for variation.
33 Variation
of licence on initiative of Minister
(1) Subject
to the other provisions of this Law, if the Minister considers on reasonable
grounds that it is necessary to vary any term or condition of a waste
management licence (other than a condition specified in Article 28(1)) –
(a) because
the activity to which the licence relates is causing pollution or may do so,
and it is practicable to deal with the matter effectively by so varying that
term or condition; or
(b) in
order to take proper account of evolving scientific knowledge or changes in
environmental standards,
the Minister shall of the
Minister’s own motion vary that term or condition.
(2) If
the Minister considers on reasonable grounds that –
(a) it is
desirable to vary any term or condition of a waste management licence (other
than a condition specified in Article 28(1)); and
(b) the
proposed variation is unlikely to cause the licensee unreasonable expense,
the Minister may of the
Minister’s own motion vary that term or condition.
(3) If
the Minister proposes to vary a waste management licence under this Article –
(a) the
Minister shall serve a notice in writing on the licensee, describing his or her
proposal and telling the licensee that the licensee may make representations
about it in writing to the Minister within 21 days after the notice is
served on the licensee; and
(b) the
Minister shall consider all representations so made by the licensee,
before deciding whether to
vary the licence.
(4) A
variation under this Article shall not take effect before the Minister serves
notice in writing of the variation on the licensee.
(5) A
variation under this Article shall take effect –
(a) when
the Minister serves notice in writing of the variation on the licensee, if the Minister
does not specify a later date in the notice; or
(b) if
the Minister does specify a later date in the notice, on that date.
(6) If
a variation imposes any new restriction, obligation or requirement on the
licensee, the date on which it shall take effect shall be not sooner than 6 months
after notice of the variation is served on the licensee.
(7) Paragraph (6)
does not apply if there are exceptional circumstances, and the Minister
specifies those circumstances in his or her decision.
(8) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister to vary a waste management licence under this Article.
34 Transfer
of licence
(1) A
waste management licence may be transferred from one person to another, and it
may be so transferred even though it is suspended.
(2) On
considering an application for the transfer of a waste management licence, the Minister
may grant the application on such conditions as the Minister may specify in his
or her decision.
(3) With
effect from the date of the Minister’s decision, or from such later date
as the Minister may specify in his or her decision –
(a) the
transferor shall cease to be the licensee; and
(b) the
transferee shall become the licensee.
(4) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
35 Suspension
of licence in emergency
(1) If
the Minister considers on reasonable grounds that it is necessary to do so
because of an emergency –
(a) the
Minister may by a notice in writing served on the licensee suspend a waste
management licence wholly or partly for any specified period not exceeding 14 days;
and
(b) the
Minister may extend the suspension from time to time, in the same manner, for
any period not exceeding 14 days.
(2) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
36 Suspension
and revocation of licence in other cases
(1) If –
(a) a
licensee fails for a period exceeding one month to pay any fee or charge that
is due and payable by the licensee under this Law to the Minister in connection
with his or her licence; or
(b) a
licensee contravenes any condition of his or her licence,
the Minister may, by a
notice in writing served on the licensee, suspend the licence wholly or partly
or revoke the licence.
(2) If
the Minister considers on reasonable grounds that –
(a) a
licensee is not fit to hold a waste management licence; or
(b) it is
desirable to suspend or revoke a licence, because the activity to which the
licence relates is causing pollution or there is a risk that it will do so, and
because it is not practicable to deal with the matter effectively by varying
the licence,
the Minister may, by a
notice in writing served on the licensee, suspend the licence wholly or partly
or revoke the licence.
(3) A
licence may be suspended under this Article –
(a) for
any specified period not exceeding 14 days; or
(b) until
the licensee complies with specified conditions.
(4) If
the suspension is for a specified period, the Minister may from time to time in
the same manner and on the same grounds extend the suspension for any further
period not exceeding 14 days.
(5) If
the Minister proposes to suspend or revoke a waste management licence under
this Article –
(a) the Minister
shall serve a notice in writing on the licensee, informing the licensee of the
Minister’s intention and telling the licensee that he or she may make
representations about it in writing to the Minister within 21 days after
the notice is served on the licensee; and
(b) the Minister
shall consider all representations so made by the licensee,
before deciding whether to
suspend or revoke the licence, but this paragraph does not apply to an
extension of a suspension.
(6) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
37 Surrender
of licence
(1) A
licensee may surrender his or her licence, but may only do so in accordance
with this Article.
(2) A
licensee who wishes to surrender his or her licence shall apply to the Minister
for permission to do so.
(3) In
deciding whether to allow the surrender of the waste management licence, the Minister
shall have regard to the following considerations –
(a) the
state of the land on which the activity to which the licence relates is carried
on;
(b) the
measures that the licensee has taken to prevent the occurrence of environmental
problems in consequence of that activity;
(c) the
measures that the licensee has taken to remedy environmental problems that have
occurred in consequence of the activity; and
(d) the
likelihood that environmental problems may occur in the future in consequence
of the activity’s having been carried out on the land.
(4) The
Minister may grant an application to surrender a licence on such conditions (if
any) as the Minister specifies in his or her decision.
(5) A
condition may require the licensee –
(a) to
carry out works; or
(b) to comply
with any other matter,
before the licence may be
surrendered, but this paragraph does not limit the generality of paragraph (4).
(6) If
the Minister grants an application to surrender a licence, the Minister shall
specify in his or her decision when and how the licence shall be surrendered.
(7) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
Registration of waste
carriers
38 Prohibition
of movements of hazardous or health care waste by carriers who are not
registered
(1) A
person who, in the course of a movement of hazardous waste or health care waste
within Jersey (whether it is an internal or transboundary movement), causes or
knowingly permits the waste to be carried on a motor vehicle on a road to which
the public has access shall be guilty of an offence unless the waste is carried
in accordance with this Law by a registered waste carrier.
(2) The
prohibition in paragraph (1) is subject to Article 39.
(3) Any
person who is guilty of an offence under paragraph (1) shall be liable to
imprisonment for a term of 2 years and to a fine.
39 Exemptions
from requirement for registration
(1) The
prohibition in Article 38(1) shall not apply to the carrying of hazardous
waste or health care waste in any of the following circumstances –
(a) if it
is household waste, and it is being carried in a private motor vehicle;
(b) if it
is being carried in the course of conducting a business that provides a service
at any place other than the premises in which the business is situated, and it
is being carried as an incidental aspect of the provision of that service, and
its carriage does not significantly endanger human health, the environment or
flora or fauna;
(c) if it
is carried only within the premises in which it is situated;
(d) if it
is a sample that is being taken in a reasonable quantity to a laboratory for
analysis, testing or evaluation; or
(e) if it
is health care waste from a medical, dental or veterinary practice, or from the
business of an undertaker or embalmer, and it is being taken to premises that
may lawfully be used for the purpose for which it is taken there.
(2) If
the Minister is satisfied that the carrying of hazardous waste or health care
waste in any specified circumstances will not significantly endanger human
health, the environment or flora or fauna, the Minister may by Order declare that
the prohibition in Article 38(1) shall not apply to the carrying of
hazardous waste or health care waste in those circumstances.
(3) The
prohibition in Article 38(1) shall not apply to the carrying of hazardous
waste or health care waste from a ship moored in a harbour to facilities
designated for such waste, if –
(a) the
movement takes place only within the harbour limits;
(b) the
waste is derived from the normal operations of the ship; and
(c) the
movement is in accordance with an international instrument that applies to or
binds Jersey.
(4) The
prohibition in Article 38(1) shall not apply to the carrying of hazardous
waste or health care waste by a motor vehicle in the course of a transboundary
movement that is authorized in accordance with Part 4, by a carrier who is
not based within Jersey but is subject in the country in which the carrier is
based to controls that are comparable to those contained in Articles 38 to
49 (inclusive).
40 Application
for registration
An application in respect
of the registration of a waste carrier shall be made to the Minister.
41 Determination
of application for registration
(1) The
Minister shall grant an application for registration as a waste carrier, unless –
(a) the Minister
considers on reasonable grounds that because the applicant has insufficient
experience of road transportation, or of the transportation of hazardous waste
or health care waste, and the applicant has not shown that such experience will
be available to him or her in the activity to which the application relates, the
applicant is not a fit person to be registered; or
(b) the Minister
considers on reasonable grounds that because of the applicant’s past
conduct, in relation to road safety or to road transportation generally, the
transportation of hazardous waste, waste management or environmental matters, the
applicant is not a fit person to be registered.
(2) In
granting the application, the Minister shall specify the kinds of waste that
may be carried in accordance with the letter of registration.
(3) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
42 Duration
of registration
(1) In
granting an application for registration as a waste carrier, the Minister shall
specify the date from which it is to have effect.
(2) The
registration of a waste carrier shall continue in effect until it is revoked in
accordance with this Law.
(3) However,
the registration of a waste carrier shall not have effect to the extent that it
is for the time being suspended.
43 Issue
of letter of registration
On granting an
application for registration as a waste carrier, the Minister shall issue a letter
of registration to the applicant.
44 Effect
of registration
(1) A
letter of registration under Article 43 shall authorize –
(a) the
person to whom it is issued; and
(b) any
person who is employed by him or her and is acting under his or her general supervision,
to carry on in accordance
with this Law the activity in respect of which it is issued.
(2) A
letter of registration shall not be transferable.
45 Duties
of registered waste carrier
(1) In
carrying on the activity to which his or her registration relates –
(a) a
waste carrier shall ensure that his or her employees are suitably trained;
(b) a
waste carrier shall ensure that any motor vehicle or other equipment that is
used is appropriately designed and maintained; and
(c) a
waste carrier shall comply with any prescribed conditions and any conditions
imposed under paragraph (2).
(2) Subject
to the other provisions of this Law, the Minister may by a notice in writing
served on a registered waste carrier –
(a) require
the waste carrier to comply with such conditions as the Minister specifies in
the notice in respect of the movement of waste in the course of an activity to
which his or her registration relates; or
(b) vary
or revoke any such condition.
(3) There
shall be a right of appeal, in accordance with Article 97, against a
decision by the Minister to impose or vary a condition by a notice served under
paragraph (2).
46 Suspension
of registration in emergency
(1) If
the Minister considers on reasonable grounds that it is necessary to do so
because of an emergency –
(a) the
Minister may by a notice in writing served on a registered waste carrier
suspend his or her registration wholly or partly for any specified period not
exceeding 14 days; and
(b) the
Minister may extend the suspension from time to time, in the same manner, for
any period not exceeding 14 days.
(2) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
47 Suspension
and revocation of registration in other cases
(1) If –
(a) a
registered waste carrier fails for a period exceeding one month to pay any fee
or charge that is due and payable by the waste carrier under this Law in
connection with his or her registration; or
(b) a
registered waste carrier contravenes Article 45(1), a prescribed condition
of registration or a condition imposed under Article 45(2),
the Minister may, by a
notice in writing served on the carrier, suspend the waste carrier’s
registration wholly or partly or revoke the waste carrier’s registration.
(2) If
the Minister considers on reasonable grounds that –
(a) a
registered waste carrier is not fit, for any reason specified in sub-paragraph (a)
or sub-paragraph (b) of Article 41(1), to be so registered; or
(b) a
registered waste carrier is no longer carrying on the activity to which his or
her registration relates, and is unlikely to do so in the foreseeable future,
the Minister may, by a
notice in writing served on the carrier, suspend or revoke the waste carrier’s
registration.
(3) Registration
may be suspended under this Article –
(a) for
any specified period not exceeding 14 days; or
(b) until
the registered waste carrier complies with specified conditions.
(4) If
the suspension is for a specified period, the Minister may from time to time in
the same manner and on the same grounds extend the suspension for any further
period not exceeding 14 days.
(5) If
the Minister proposes to suspend or revoke the registration of a waste carrier
under this Article –
(a) the Minister
shall serve a notice in writing on the waste carrier, informing him or her of the
Minister’s intention and telling the waste carrier that he or she may
make representations about it in writing to the Minister within 21 days
after the notice is served on him or her; and
(b) the Minister
shall consider all representations so made by the waste carrier,
before deciding whether to
suspend or revoke the waste carrier’s registration, but this paragraph
does not apply to an extension of a suspension.
(6) There
shall be a right of appeal, in accordance with Article 97, against a
decision of the Minister under this Article.
48 Revocation
of registration at request of waste carrier
(1) On
the application of a waste carrier, the Minister shall revoke the waste
carrier’s registration.
(2) However,
in exceptional circumstances the Minister may first require the carrier to
carry out at his or her own expense –
(a) examinations
and tests; or
(b) remedial
or other works,
relating to potential,
suspected or actual pollution arising in consequence of the carrying on of the
activity to which the registration relates.
(3) There
shall be a right of appeal, in accordance with Article 97, against a decision
of the Minister to impose a requirement under paragraph (2) before
revoking the registration of a waste carrier.
Internal movements
49 Internal
movements for which Minister’s consent is required
(1) A
person who undertakes any activity described in paragraph (2) in respect
of an internal movement of hazardous waste or health care waste shall be guilty
of an offence unless –
(a) the Minister
has consented, in accordance with the standard control procedure for internal
movement set out in Part 1 of Schedule 8, to that movement of waste;
(b) the Minister’s
consent is in effect; and
(c) the
person is acting in accordance with this Law and with any conditions on which
the Minister has given his or her consent.
(2) The
activities to which paragraph (1) refers are –
(a) the
consigning of such waste to any person, if it is to be carried on a motor
vehicle on a road to which the public has access;
(b) the
carrying of such a consignment; and
(c) the
receipt of such a consignment.
(3) The
prohibition in paragraph (1) of this Article is subject to Article 50.
(4) Any
person who is guilty of an offence under paragraph (1) shall be liable to
imprisonment for a term of 2 years and to a fine.
50 Exemptions
from requirement for consent to internal movement
The prohibition in
Article 49(1) shall not apply in respect of an internal movement of
hazardous waste or health care waste if, by reason of Article 39, the
prohibition in Article 38(1) does not apply in respect of that movement.
51 Standard
control procedure for internal movement of waste
The standard control
procedure for internal movement shall be complied with in respect of an
internal movement of hazardous waste or health care waste to which the
prohibition in Article 49(1) applies.
52 Non-delivery
of internal consignment
If, on an internal
movement of hazardous waste or health care waste to which the prohibition in Article 49(1)
applies, the consignment is not delivered to and accepted by the consignee, the
Minister may agree or direct that it shall be dealt with in some way other than
by being returned to the consignor.
Other provisions
53 Statutory
defences
(1) If
a person is charged with an offence under either of Articles 38(1) and
49(1), it shall be a defence to prove that –
(a) the
waste was carried in consequence of a decision to do so in an emergency that
arose in circumstances beyond the person’s control;
(b) the
decision was reasonable;
(c) the
person took all steps that were reasonably practicable for ensuring that it was
carried safely; and
(d) the
person gave full details of the occurrence to the Minister, or ensured that
they were given to the Minister, as soon as was reasonably practicable.
(2) If
a person is charged with an offence under Article 49(1), it shall be a
defence to prove that –
(a) the
person was not the consignor of the consignment to which the charge relates;
and
(b) the
person took all reasonable precautions and exercised due diligence to avoid or
prevent the commission of the offence.
54 Revocation
of suspension
The Minister may at any
time revoke, wholly or partly, a suspension imposed by the Minister under any
of Articles 35, 36, 46 and 47.
55 Notice
of decisions
(1) If
the Minister makes any decision under this Part in respect of a waste
management licence, the Minister shall serve a written copy of the decision
within 14 days on each of the following persons –
(a) each
applicant, where the decision relates to an application;
(b) the
licensee, where the decision relates to a variation, suspension or revocation
of a licence or its surrender; and
(c) the Minister
for Health and Social Services and the Minister for Social Security, in every
case.
(2) If
the Minister makes any decision under this Part in respect of the registration
of any person as a waste carrier, the Minister shall serve a written copy of
the decision within 14 days on each of the following persons –
(a) the
applicant, where the decision relates to an application; and
(b) the
registered waste carrier, where the decision relates to the suspension or
revocation of the registration of that carrier.
56 Retention
of documents under this Part
(1) A
person who is required under this Part to retain a document shall do so for not
less than the period of 2 years following the date on which his or her duty
to retain it arose.
(2) Paragraph (1)
does not limit the power of the Minister under Article 28 to impose a
condition of a waste management licence requiring a person to keep a record for
a longer or shorter period than 2 years.
PART 4
TRANSBOUNDARY MOVEMENTS OF WASTE
Introductory provisions
57 Purpose
of this Part
The purpose of this Part
is to regulate, in accordance with the Basel Convention and the OECD Decision –
(a) the
export of waste from Jersey;
(b) the
import of waste into Jersey; and
(c) the
movement of waste in transit through Jersey in the course of a transboundary
movement.
58 Restrictions
on transboundary movements of waste
(1) A
person who, in contravention of this Part –
(a) exports
or attempts to export waste from Jersey;
(b) imports
waste into Jersey; or
(c) participates
in the movement of waste in transit through Jersey in the course of a
transboundary movement,
shall be guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
(2) Paragraph (1)
does not apply in respect of waste that is derived from the normal operations
of a ship, the discharge of which is covered by an international instrument
other than the Basel Convention.
59 Contractual
obligations
(1) A
transboundary movement of waste to which a standard control procedure applies
shall not be made unless, before the commencement of the movement, the
consignor and the consignee have entered into a binding contract between themselves
that includes the following obligations –
(a) both
parties must be bound to comply throughout the duration of the movement with
that standard control procedure in respect of the movement;
(b) the
consignee must be bound to dispose of or recover the consignment, in accordance
with the method specified in the consignment note and in a manner that is environmentally
sound, within 180 days after he or she receives the consignment;
(c) the
consignee must be bound to deliver to the consignor and to each of the
competent authorities concerned, as soon as possible and in any event within 180 days
after the consignee receives the consignment, a certificate confirming that the
waste has been disposed of or recovered in accordance with sub-paragraph (b);
and
(d) the
consignor must be bound to take back the consignment at his or her own expense,
if it is not delivered to and accepted by the consignee and the consignor is
required to take it back by a competent authority concerned.
(2) If
the transboundary movement of waste is one to which the OECD Amber control
procedure applies, the contract must also include the following provisions –
(a) the
contract must identify each person by whom the waste is generated, each person
who will have the legal control of the waste during the course of the movement,
and the recovery facility to which the waste is to be delivered;
(b) each
person who is a party to the contract must be bound in respect of the movement
to comply with the OECD Decision;
(c) the
contract must specify the party who is responsible for the alternative
management of the waste if the movement cannot be completed in accordance with
the contract; and
(d) if
the movement cannot be completed in accordance with the contract and the waste
is consequently to be re-exported to another country, the contract must specify
the party who is responsible for notifying the competent authorities of the
original country of dispatch and of the country to which it is to be
re-exported,
and instead of the
obligation in paragraph (1)(c), the contract must bind the consignee to
deliver to the consignor, within 30 days after the waste has been
recovered in accordance with the method specified in the consignment note and
in any event within one year after the consignee receives the consignment, a
certificate confirming that the waste has been so recovered.
60 Financial
security
(1) A
transboundary movement of waste to which a standard control procedure applies
shall not be made unless the consignor has provided financial security to ensure
that, in the event that the delivery of the consignment and the disposal or
recovery of the waste cannot be completed in accordance with the contract
between the consignor and the consignee and with the consignment note, there
will be available to the competent authorities concerned sufficient funds to
ensure –
(a) that
the consignment can be returned to the country of dispatch; or
(b) that
it can be dealt with by alternative arrangements that are themselves in
accordance with the respective laws of each country concerned.
(2) In
this Article, “financial security” means a cash deposit, bond or
other realizable form of security that can be realized or released only by the Minister
or by another competent authority concerned.
(3) If
the Minister is holding any financial security under this Part in respect of a
transboundary movement of waste and the Minister receives in accordance with
this Part a certificate of disposal or recovery in respect of the waste, the Minister
shall return or release the security to the person by whom it was provided, so
far as –
(a) it
relates to that waste; and
(b) it is
not required for the satisfaction of any expenses that have already been
incurred by the Minister, or by any other competent authority concerned, in
dealing with the waste under this Part.
61 Good
practice
(1) Waste
that is the subject of a transboundary movement must be packaged, labelled and
carried in conformity with generally recognized and accepted international
rules, standards and practice.
(2) Paragraph (1)
does not derogate from any other provision of this Law.
62 Multiple
consignments
(1) If –
(a) the Minister
in the Minister’s capacity as a competent authority concerned receives a
consignment note by way of prior notification of a proposed transboundary
movement of waste;
(b) the
consignment note has been completed by the consignor in the prescribed manner
for prior notification of a movement by means of multiple consignments; and
(c) the
conditions in paragraph (2) are fulfilled,
the Minister may, in agreeing
in accordance with this Part to the movement, accept the consignment note (as
so completed) as prior notification of multiple consignments of the waste to
which it relates.
(2) The
conditions to which paragraph (1) refers are as follows –
(a) the waste
that is to comprise each consignment must possess the same physical and
chemical characteristics;
(b) the
consignments must be intended for shipment by the same consignor to the same
consignee, through the same customs points in the countries of dispatch and
destination;
(c) the
consignments must be intended for delivery to the same site in the country of
destination;
(d) the
consignment note that the Minister has received must specify the period during
which it is proposed to make the consignments;
(e) the
consignment note that the Minister has received must specify the dates of the
proposed consignments, if those dates are known; and
(f) the
Minister must be satisfied that each other competent authority concerned will
agree to prior notification of the multiple consignments in the manner
described in this Article (for which purpose, in agreeing to accept that
consignment note as prior notification of each of the consignments, the Minister
may do so on the condition that each other competent authority concerned does
so).
(3) Subject
to paragraph (3A), the period to which paragraph (2)(d) refers shall
not exceed 12 months.[10]
(3A) The
period referred to in paragraph (3) may with the Minister’s
agreement be extended to a period not exceeding 3 years provided that each
other competent authority concerned agrees to the same period of extension not
exceeding 3 years.[11]
(4) If –
(a) the Minister
has for the time being agreed under this Article to accept a consignment note
as prior notification of a transboundary movement in multiple consignments;
(b) each
other competent authority concerned has for the time being also agreed to do
so; and
(c) the
consignor complies with paragraph (5) in respect of each consignment,
the consignor need not
comply with the requirements of this Part for the prior notification of a
transboundary movement in respect of any of the consignments to which the Minister’s
agreement relates except the first consignment.
(5) However,
each consignment note relating to a consignment other than the first shall be
marked and numbered –
(a) so as
to show on its face that it is one of multiple consignments made under the same
notification, and so as to show which of those consignments it is
chronologically; and
(b) so as
to identify the original consignment note by which prior notification of the
multiple consignments was given.
(6) The
Minister may at any time, on reasonable notice to the consignor, each other
competent authority concerned, and the consignee, withdraw his or her agreement
under this Article.
63 Recognized
traders
(1) The
Minister may in writing, on the written application of any fit person,
recognize the person as a trader for the purposes of transboundary movements.
(2) The
Minister may at any time, by a notice in writing served on a recognized trader,
withdraw its recognition of him or her under this Article.
(3) There
shall be a right of appeal, in accordance with Article 97, against –
(a) a
decision of the Minister to refuse an application for the recognition of a
trader under this Article; or
(b) a
decision by the Minister to withdraw his or her recognition of a trader under
this Article.
Export of waste
64 Prohibited
exports of waste
(1) A
person shall not export waste to any country for a purpose other than disposal
or recovery.
(2) A
person shall not export waste that is subject to the Basel Convention to a
destination that lies south of the 60th degree of latitude South.
(3) A
person shall not export to a country that –
(a) is
not bound by the Basel Convention; and
(b) is
not bound by a bilateral or equivalent agreement,
waste that is subject to
the Convention.
(4) A
person shall not export, to a country that is specified in an Order made under Article 76(1),
waste of a kind specified in the Order.
(5) A
person shall not export waste, for disposal, to a country that is not specified
in Schedule 9.
(6) A
person shall not export for recovery, to a country that is not specified in
Schedule 9, waste that is subject to the Basel Convention ban.
65 Procedures
for permitted exports of waste
(1) The
standard control procedure for export set out in Part 2 of Schedule 8
shall be complied with in respect of the exporting of waste for disposal.
(2) The
standard control procedure for export shall be complied with in respect of the
exporting of waste that is subject to the Basel Convention, for recovery, to a
country that is not a member State of the OECD.
(3) The
standard control procedure for export shall be complied with in respect of the
exporting of waste to a member State of the OECD, for recovery, unless it is a
waste to which the OECD Green control procedure applies, in which case the
normal procedure for commercial transactions shall apply.
(4) The
standard control procedure for export shall be complied with in respect of the
exporting of waste that is not subject to the Basel Convention, but is
specified in an Order made under Article 76(2), to a country specified in
the Order.
(5) The
normal procedure for commercial transactions shall apply in respect of the
exporting of waste that is not subject to the Basel Convention, for recovery,
to a country that is not a member State of the OECD.
66 Transmission
of documents
(1) For
the purposes of the standard control procedure for export, the Minister may
publish a notice in the Jersey Gazette declaring that the Minister will
undertake himself or herself the transmission of the documents of prior
notification of the exporting of waste to countries of destination.
(2) The
notice may relate to all documents of prior notification, or to those of any
class or kind specified in the notice.
(3) The
notice shall come into effect on the fourteenth day after it is published in
the Jersey Gazette.
(4) The
notice shall state that it shall come into effect on the date to which
paragraph (3) refers.
(5) The
Minister may in the same manner amend or revoke a notice published under
paragraph (1).
67 Reimportation
of waste by consignor
(1) If
delivery of a consignment of waste that is exported from Jersey and its
disposal or recovery are not completed in accordance with the consignor’s
contract with the consignee and with the consignment note, the Minister may by
a notice in writing require the consignor to reimport the consignment into Jersey,
within a time specified in the notice and at the consignor’s own expense.
(2) The
time to be specified in the notice shall be a reasonable period not exceeding
60 days.
(3) On
reimporting the consignment, the consignor shall deliver it to the site from
which it originated within Jersey or, if the Minister so agrees or directs, to
some other site within Jersey that may be lawfully used for the purpose.
(4) A
consignor need not comply with a requirement under paragraph (1) or
paragraph (3) if the Minister agrees with any other competent authority
concerned that the consignment may be disposed of or recovered in some other
manner that is environmentally sound, but in that event the consignor shall
co-operate with the Minister in securing its disposal or recovery in that other
manner.
Import of waste
68 Prohibited
imports of waste
(1) A
person shall not import waste for a purpose other than disposal or recovery.
(2) A
person shall not import from a country that –
(a) is
not bound by the Basel Convention; and
(b) is
not bound by a bilateral or equivalent agreement,
waste that is subject to
the Convention.
69 Procedures
for permitted imports of waste
(1) The
standard control procedure for import set out in Part 3 of Schedule 8
shall be complied with in respect of the importing of waste for disposal.
(2) The
standard control procedure for import shall be complied with in respect of the
importing of waste that is subject to the Basel Convention, for recovery, from
a country that is not a member State of the OECD.
(3) The
standard control procedure for import shall be complied with in respect of the
importing of waste from a member State of the OECD, for recovery, unless it is
a waste to which the OECD Green control procedure applies, in which case the
normal procedure for commercial transactions shall apply.
(4) The
normal procedure for commercial transactions shall apply in respect of the
importing of waste that is not subject to the Basel Convention, for recovery,
from a country that is not a member State of the OECD.
Waste in transit
70 Prohibited
movements of waste in transit
A person shall not
undertake a transboundary movement of waste in transit through Jersey in any of
the following circumstances –
(a) if
the movement is for any eventual purpose other than disposal or recovery;
(b) if
the waste is subject to the Basel Convention, and the eventual destination lies
south of the 60th degree of latitude South;
(c) if
the waste is subject to the Convention, and the country of destination is not
bound by the Convention and is not bound by a bilateral or equivalent
agreement;
(d) if
the country of destination is one that is specified in an Order made under Article 76(1),
and the waste is of a kind specified in the Order;
(e) if
the eventual purpose of the movement is for disposal, and the country of
destination is not specified in Schedule 9;
(f) if
the eventual purpose of the movement is for recovery, and the waste is subject
to the Basel Convention ban, and the country of destination is not specified in
Schedule 9.
71 Procedures
for permitted movements of waste in transit
(1) The
standard control procedure for transit set out in Part 4 of Schedule 8
shall be complied with in respect of the transboundary movement in transit
through Jersey of waste for disposal.
(2) The
standard control procedure for transit shall be complied with in respect of the
transboundary movement, in transit through Jersey to a country that is not a
member State of the OECD, of waste for recovery that is subject to the Basel
Convention.
(3) The
standard control procedure for transit shall be complied with in respect of the
transboundary movement of waste in transit through Jersey from one member State
of the OECD to another member State of the OECD, for recovery, unless it
is a waste to which the OECD Green control procedure applies, in which case the
normal procedure for commercial transactions shall apply.
(4) The
standard control procedure for transit shall be complied with in respect of the
transboundary movement of waste that is not subject to the Basel Convention,
but is specified in an Order made under Article 76(2), in transit through Jersey
to a country that is specified in the Order.
(5) The
normal procedure for commercial transactions shall apply in respect of the
transboundary movement, in transit through Jersey to a country that is not a
member State of the OECD, of waste for recovery that is not subject to the
Basel Convention.
Illegal traffic
72 Notification
of illegal traffic
If it appears to the Minister
that a transboundary movement of waste from, through or to Jersey constitutes
illegal traffic, the Minister shall immediately notify each other competent
authority concerned.
73 Duties
of consignor in respect of illegal traffic
(1) If
a transboundary movement of waste that is exported from Jersey constitutes
illegal traffic in consequence of the conduct of –
(a) the
person by whom the waste was generated; or
(b) the
consignor of the waste,
the Minister may by a
notice in writing require the consignor to reimport the consignment into Jersey
at the consignor’s own expense.
(2) The
time to be specified in the notice shall be a reasonable period not exceeding 20 days,
unless the Minister agrees to a longer period in any particular case.
(3) On
reimporting the consignment, the consignor shall deliver it to the site from
which it originated within Jersey or, if the Minister so agrees or directs, to
some other site within Jersey that may be lawfully used for the purpose.
(4) A
consignor need not comply with a requirement under paragraph (1) or paragraph (3)
if the Minister agrees with any other competent authority concerned that the
consignment may be disposed of or recovered in some other manner that is environmentally
sound, but in that event the consignor shall co-operate with the Minister in
securing its disposal or recovery in that other manner.
74 Duties
of consignee in respect of illegal traffic
(1) If
a transboundary movement of waste that is imported into Jersey constitutes
illegal traffic in consequence of the conduct of –
(a) the
person to whom the waste is consigned; or
(b) any
other person by whom the consignment is to be disposed of or recovered,
the Minister may by a
notice in writing require the consignee to dispose of the consignment at the
consignee’s own expense.
(2) The
notice may specify –
(a) the
method of disposal to be used;
(b) the
site at which the consignment is to be disposed of;
(c) a
time within which the consignment shall be disposed of, being a reasonable
period not exceeding 20 days unless the Minister agrees to a longer
period in any particular case; and
(d) any
other requirements that the Minister may consider to be necessary or desirable
for the disposal of the waste in a manner that is environmentally sound.
75 Co-operation
by Minister with other competent authorities
If a transboundary
movement of waste from, through or to Jersey constitutes illegal traffic, but
responsibility for the illegality cannot be assigned to –
(a) the
person by whom the waste was generated;
(b) the
consignor of the waste;
(c) the
person to whom the waste is consigned; or
(d) any
other person by whom the consignment is to be disposed of or recovered,
the Minister shall
co-operate with the other competent authorities concerned to ensure that the
consignment is disposed of as soon as possible in a manner that is
environmentally sound, either in the country of destination or in Jersey or
elsewhere as appropriate.
Other provisions
76 Countries
in respect of which special controls apply
(1) For
the purposes of Articles 64(4) and 70, the Minister may by Order –
(a) specify
any country; and
(b) in
relation to that country specify any waste,
to which a transboundary
movement from or through Jersey is prohibited.
(2) For
the purposes of Articles 65(4) and 71(4), the Minister may by Order –
(a) specify
any country; and
(b) in
relation to that country specify any waste,
in respect of which, in the
course of a transboundary movement to that country from or through Jersey, the
standard control procedure for export or transit (as the case may be) must be
complied with.
(3) An
Order under paragraph (2) may modify, for the purposes of that Order, the
standard procedure that must be complied with by virtue of the Order.
77 Transboundary
movements of samples
(1) A
transboundary movement of a sample of waste to which the OECD Amber control
procedure applies may be made from, through or to Jersey, without complying
with the standard control procedure for export, transit or import, if –
(a) the
movement is made to enable the waste to be analyzed in a laboratory, for the
purpose of assessing its physical or chemical characteristics or determining
its suitability for recovery;
(b) the
amount of the sample is not greater than is reasonably necessary for adequate
analysis, and does not in any event exceed 25 kilograms; and
(c) the
sample is suitably packaged, and is labelled to show what it is and why it is
being moved.
(2) A
movement to which paragraph (1) refers must nevertheless comply with the
normal procedure for commercial transactions.
78 Power
of Minister to act in default
(1) If –
(a) a
consignor is required under Article 67 to reimport a consignment of waste
into Jersey; and
(b) the
consignor fails to do so within the time specified in the notice imposing the
requirement,
the Minister may himself
or herself cause the consignment to be reimported into Jersey and returned to the
site from which it originated within Jersey.
(2) If –
(a) delivery
of a consignment of waste that is imported into Jersey and its disposal or
recovery are not completed in accordance with the consignor’s contract
with the consignee and with the consignment note; or
(b) the
transboundary movement of the waste constitutes illegal traffic,
the Minister may himself
or herself cause the consignment to be disposed of or recovered in either of
the circumstances specified in paragraph (3).
(3) The
circumstances to which paragraph (2) refers are as follows –
(a) in
any case, if the Minister has in writing notified the consignor and the
competent authority of dispatch, and the consignment is not reimported into the
country of dispatch by the consignor or by that competent authority within
90 days after they have both been so notified; or
(b) in a
case in which the Minister has served a notice on the consignee under Article 74,
if the consignee fails to dispose of the consignment, in compliance with the
notice, within the time specified in the notice or within such longer period as
the Minister may agree to under that Article.
(4) If
the Minister receives any money from the disposal or recovery of a waste under
this Article, the Minister shall pay that money to the consignor, but this
paragraph is subject to Article 80(1).
79 Power
of Minister to act as agent of consignor or consignee
(1) For
the purpose of causing a consignment to be reimported or disposed of under
Article 78, the Minister may act within and from Jersey as the irrevocably
appointed agent of the consignor or the consignee, or of each of them.
(2) If
the Minister has informed the consignor or the consignee in writing that the
Minister is so acting, each of them so informed shall provide to the Minister
whenever the Minister requires him or her to do so such information and other
assistance and co-operation as the Minister requires in order to secure the
reimport or disposal of the consignment.
80 Recovery
of expenses
(1) The
Minister may recover the Minister’s expenses under Article 78 and
79, in respect of a consignment of waste, from –
(a) any
financial security provided in respect of the consignment; and
(b) any
money received by the Minister from the disposal or recovery of the waste under
Article 78.
(2) Paragraph (1)
does not prevent the Minister from recovering those expenses in any other
manner.
81 Offences
relating to transboundary movements
Any person who –
(a) being
a consignor, fails to comply with a notice served on him or her in accordance
with Article 73;
(b) being
a consignor who is under a duty by virtue of Article 73(4) to co-operate
with the Minister in securing the disposal or recovery of a consignment, fails
to discharge that duty;
(c) being
a consignee, fails to comply with a notice served on him or her in accordance
with Article 74;
(d) being
a consignor or consignee, fails to comply with any requirement made of him or
her under Article 79(2) by the Minister,
shall be guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
PART 5
ENFORCEMENT
82 Appointment
of inspectors
The Minister may in
writing appoint as an inspector for the purposes of this Law any person who is
employed in an administration of the States for which any Minister is assigned
responsibility.
83 Proof
of authority
(1) An
inspector who is exercising his or her powers under this Law shall produce on
request evidence of his or her authority to do so.
(2) An
inspector shall also state on request –
(a) his or
her name; and
(b) the
power that he or she proposes to exercise.
84 Persons
who may accompany inspectors
(1) In
exercising his or her powers under this Law (including any powers
conferred on him or her by a warrant granted under Article 85(4)), an
inspector may take with him or her –
(a) such
other persons; and
(b) such
motor vehicles, equipment and materials,
as are reasonably
necessary or expedient for the purpose.
(2) A
person whom an inspector takes with him or her under paragraph (1) may
perform any of the inspector’s functions under this Law, but only under
the latter’s supervision.
85 General
powers of entry and investigation
(1) A
power conferred on an inspector by paragraph (3) shall only be exercisable –
(a) if
there are reasonable grounds for doing so;
(b) in a
manner that is proportionate and otherwise reasonable; and
(c) at a
reasonable hour,
and, where it is to be
exercised in respect of residential land, if the inspector has given not less
than 48 hours’ notice in writing to the owner or occupier.
(2) However,
the requirements in paragraph (1) as to the time at which the power may be
exercised and (in the case of residential land) as to the notice that must be
given before it may be exercised do not apply in an emergency.
(3) An
inspector may do all or any of the following things in respect of any land,
motor vehicle, ship or aircraft, for the purposes of carrying this Law into
effect –
(a) the
inspector may enter, board, inspect or search it;
(b) the
inspector may take or carry out on or in it any measurements, surveys, tests,
investigations or photographs;
(c) the
inspector may install, maintain or operate on or in it any monitoring equipment
or other apparatus;
(d) the
inspector may take or remove from it, for analysis, samples of any substances,
articles or other things found there;
(e) the
inspector may take or remove any substances, articles or other things found
there, for the purposes of evidence in any civil or criminal proceedings under
this Law; or
(f) the
inspector may in the case of any land, carry out or dig on or in it any
exploratory, investigatory or experimental borings, pits or holes.
(4) If
the Bailiff, a Jurat or the Magistrate or Sous-Magistrat is satisfied on sworn
information that –
(a) there
are reasonable grounds for the exercise of any power under paragraph (3);
and
(b) in
the circumstances of the case it is desirable to grant a warrant under this
paragraph,
he or she may grant a
warrant authorizing an inspector at any time to enter or board any land, motor
vehicle, ship or aircraft specified in the warrant and there exercise any other
powers under paragraph (3), and in doing so to use such reasonable force
as may be necessary.
(5) A
warrant shall continue in force until –
(a) the
purposes for which the warrant is granted have been fulfilled; or
(b) the
expiry of the period of one month following its grant,
whichever event occurs
first.
(6) If
an inspector enters any land, motor vehicle, ship or aircraft in the exercise
of his or her powers under this Article, and it is for the time being
unoccupied or unmanned, the inspector shall leave it secured as effectually as the
inspector found it.
(7) If
an inspector has exercised any powers under this Article in respect of any
land, motor vehicle, ship or aircraft, and the owner, occupier, driver, master,
commander or person in charge (as the case may be) asks the inspector to do so,
the inspector shall inform him or her as soon as reasonably practicable and in
any event within 21 days of –
(a) the
powers the inspector has so exercised; and
(b) everything
the inspector has taken or removed in the course of exercising those powers.
(8) Any
person who without reasonable excuse –
(a) intentionally
obstructs an inspector who is exercising or seeking to exercise any power under
this Article; or
(b) intentionally
obstructs any person who is lawfully accompanying an inspector, or performing
any function under an inspector’s supervision, under Article 84,
shall be guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
86 Co-operation
by owners and others
(1) An
inspector who is exercising or seeking to exercise his or her powers under
Article 85 on or in any land, motor vehicle, ship or aircraft may require
any person present who is or appears to the inspector to be –
(a) the
owner, occupier, driver, master, commander or person in charge; or
(b) some
other responsible person,
to render such assistance
as the inspector may reasonably require of him or her in order that the
inspector can carry out more effectively the purposes for which the inspector
is exercising his or her powers.
(2) Paragraph (1)
does not empower an inspector to require a person to do anything that the Minister,
under any of Articles 87, 88, 89 and 90, may require a person to do.
(3) Any
person who intentionally and without reasonable excuse contravenes a
requirement made of the person under this Article shall be guilty of an offence
and liable to imprisonment for a term of 2 years and to a fine.
87 Access
to documents and records
(1) If
it appears to the Minister on reasonable grounds that a person has in his or
her custody or control a document or record that is relevant to the purposes of
this Law, the Minister may require the person to allow the Minister to inspect
and copy it.
(2) If
it is reasonably necessary or expedient to do so, the Minister or an inspector
may take the document or record away temporarily, to inspect or copy it.
(3) There
shall be a right of appeal, in accordance with Article 97, against the
making of a requirement by the Minister under this Article.
88 Provision
of information about potential pollution
(1) If
it appears to the Minister on reasonable grounds that a person has any waste in
his or her custody or control in circumstances in which it may cause pollution,
the Minister may require the person to do all or any of the following things –
(a) to
deliver to the Minister in writing details of the thing or the circumstances in
which it is in his or her custody or control (including details as to its
nature, origin, volume, rate, composition, properties, radioactivity,
temperature or other qualities or, if appropriate, any methods of transfer used
by the person in respect of it);
(b) to
deliver to the Minister in writing such other information as the Minister may
reasonably require in order to determine the extent of that risk of pollution,
or how best to prevent such pollution or to deal with the consequences of any
pollution that does ensue; or
(c) to
keep proper records for the purposes of sub-paragraph (a) or sub-paragraph (b).
(2) There
shall be a right of appeal, in accordance with Article 97, against the
making of a requirement by the Minister under this Article.
89 Control
of potential pollution
(1) If
it appears to the Minister on reasonable grounds that a person has any waste in
his or her custody or control in circumstances in which it may cause pollution,
the Minister may require the person to do all or any of the following things –
(a) to
take reasonable precautions or undertake appropriate works or other measures
(including monitoring); or
(b) to
comply with reasonable conditions, while the thing is in the person’s
custody or control,
for the prevention of such
pollution, or in anticipation of the control, reduction or elimination of such
pollution.
(2) If
it appears to the Minister on reasonable grounds that a person has any waste in
his or her custody or control in circumstances in which it may cause pollution,
and –
(a) that
it is not reasonably practicable by any other means to take adequate
precautions against the risk of pollution, or to deal adequately with the
consequences of any pollution that does ensue; and
(b) that
the nature of the risk and the consequences of waste pollution are sufficiently
serious to justify the Minister in doing so,
the Minister may require the
person to dispose of the thing.
(3) There
shall be a right of appeal, in accordance with Article 97, against the
making of a requirement by the Minister under this Article.
90 Remedial
action by polluter
(1) If
any person has caused or knowingly permitted pollution by reason of the
introduction of any waste into the environment, the Minister may require the
person to do all or any of the following things –
(a) to
eliminate, reduce or control the pollution;
(b) to
remedy or mitigate its effects; or
(c) to
restore any land affected (or any flora or fauna that are dependent on it) to
its state immediately before the pollution occurred,
as far as it is reasonably
practicable for the person to do so.
(2) There
shall be a right of appeal, in accordance with Article 97, against the
making of a requirement by the Minister under this Article.
91 Manner
of exercising powers
(1) A
requirement by the Minister in the exercise of a power under any of Articles 87,
88, 89 and 90 shall be made by a notice in writing served on the person to whom
it relates.
(2) The
notice –
(a) shall
in every case specify the document or record to be inspected and copied, the
information to be delivered, the things to be done or the conditions to be
complied with, as the case requires;
(b) may,
in the case of a requirement under Article 89 or Article 90, specify
the means by which the person is to comply with it; and
(c) shall
in every case specify a period of time (being a reasonable period in the
circumstances) within which the notice is to be complied with.
(3) Any
person who intentionally and without reasonable excuse contravenes a notice
served on the person by the Minister in the exercise of a power under Article 87
shall be guilty of an offence and liable to a fine of level 3 on the
standard scale.[12]
(4) Any
person who intentionally and without reasonable excuse contravenes a notice
served on the person by the Minister in the exercise of a power under any of Articles 88,
89 and 90 shall be guilty of an offence and liable to imprisonment for a term
of 2 years and to a fine.
92 Remedial
action by Minister
(1) If –
(a) a
person on whom a notice is served in the exercise of a power under Article 89
or Article 90 contravenes the notice;
(b) it
appears to the Minister after reasonable enquiry, in any case in which there
are grounds for serving such a notice, that the person on whom it is to be
served cannot be found; or
(c) it
appears reasonably to the Minister, in any case in which there are grounds for
serving such a notice, that the situation is one of urgency that warrants
action under this Article,
the Minister may himself
or herself do all or any of the things that the Minister has so required or
could have so required the person to do.
(2) If
the Minister acts under paragraph (1), the Minister may recover the
Minister’s reasonable expenses of doing so as a civil debt in any court
of competent jurisdiction from any person on whom the notice was to be served.
(3) For
the purposes of this Article, the Minister’s reasonable expenses of
acting under paragraph (1) shall include any expenses incurred by the Minister
in investigating and establishing –
(a) the
source and extent of any potential pollution or actual pollution to which the
matter relates; and
(b) the
identification of any person on whom a notice may be served under Article 89
or Article 90 in respect of the matter.
93 Injunctions
(1) The
Minister or an inspector may apply to the Royal Court for an injunction to
enforce compliance by any person with any requirement of this Law or made under
this Law, or to restrain any person from contravening any provision of this
Law.
(2) Paragraph (1)
does not relieve a person from any criminal liability that the person may incur
by reason of any act or omission, or limit any other remedies of the Minister
or an inspector in respect of the person’s acts or omissions.
PART 6
OTHER PROVISIONS
94 Applications
for protection of trade secrets
(1) A
person specified in paragraph (2) may apply to the Minister in accordance
with this Article for a certificate of confidentiality in respect of any
information described in that paragraph, on the ground that its disclosure will
reveal a trade secret.
(2) The
persons who may apply for certificates of confidentiality, and the information
in respect of which they may so apply, are –
(a) any
person who makes an application under this Law, in respect of any information
that the person is required or wishes to give to the Minister in support of the
application;
(b) any
person, in respect of any information that the person wishes to give or is
required to give under any of Articles 28, 87, 88 and 89; and
(c) any
person, in respect of any information relating to the person, or to any
business (including any research or experiment) carried on by the person, that
the Minister or an inspector may obtain directly or indirectly in the course of
the exercise of any power under Article 85 or Article 92.
(3) An
application under this Article shall be made in writing.
(4) However,
in a case to which either of sub-paragraphs (b) and (c) of paragraph (2)
refers, the application may in the first instance be made –
(a) orally;
and
(b) either
to the person who has required or obtained the information, or to the Minister
directly,
but in that event, on the
expiry of the period of 14 days following the day on which it was made, it
shall cease to be an application made in accordance with this Article unless
the applicant has put it in writing and delivered the written application to
the Minister.
(5) If
the Minister is satisfied that the disclosure of the information will reveal a
trade secret, the Minister shall grant a certificate of confidentiality in
respect of that information.
(6) Within
14 days after determining an application for a certificate of
confidentiality, the Minister shall serve on the applicant a written copy of his
or her decision.
(7) There
shall be a right of appeal, in accordance with Article 97, against the
decision of the Minister.
95 Information
that is protected
(1) While –
(a) an
application for a certificate of confidentiality, having been made in
accordance with Article 94, has not been determined by the Minister;
(b) any
time allowed for appealing to the Royal Court against the decision of the Minister
in respect of the application has not expired, and the Royal Court has not
dismissed such an appeal;
(c) any
time allowed for a further appeal has not expired, and the court concerned has
not dismissed such an appeal; or
(d) any
appeal, having been lodged, has not been determined,
the information in respect
of which the application for a certificate of confidentiality was made shall be
confidential, unless it is information described in Article 96.
(2) If
a certificate of confidentiality is granted (whether by the Minister or on appeal),
the information in respect of which it is granted shall be confidential, unless
it is information described in Article 96.
(3) Any
person who knowingly or recklessly –
(a) discloses
to any other person any information that is confidential by virtue of paragraph (1)
or paragraph (2); or
(b) uses
that information otherwise than for the purposes of this Law,
shall be guilty of an
offence and liable to imprisonment for a term not exceeding 2 years or to
a fine, or both.
(4) Paragraph (3)
does not apply to any disclosure –
(a) by
the applicant for the certificate of confidentiality, or with his or her
consent;
(b) to
any Minister, any public officer or any other person specified in Article 84,
for the purposes of this Law; or
(c) to a
court or a party, in any civil or criminal proceedings under this Law, in
private and for the purposes of those proceedings.
96 Information
that is not protected
Article 95 does not
apply to the following information –
(a) the
name and address of the applicant for the certificate of confidentiality;
(b) the
fact that the applicant has applied for or been granted such a certificate or
that an appeal to the Royal Court, or any further appeal, is pending in respect
of his or her application for it; and
(c) the
site of the activity to which the confidential information relates.
97 Appeals
(1) The
following persons shall have a right of appeal to the Royal Court under this
Law –
(a) an
applicant for a waste management licence, against the refusal by the Minister
of his or her application or the imposing by the Minister (when granting the
application) of any term or condition of his or her licence;
(b) a
licensee, against the refusal by the Minister of his or her application to vary
his or her licence in the way he or she has requested;
(c) a
licensee, against the variation by the Minister of the Minister’s own
motion of any term or condition of his or her licence;
(d) a
licensee, against the refusal of the Minister of an application for the
transfer of his or her licence;
(e) a
licensee, against the suspension or revocation of his licence by the Minister;
(f) a
licensee, against the refusal by the Minister of his or her application for the
surrender of his or her licence or the imposing by the Minister (when granting
the application) of any condition of its surrender;
(g) an
applicant for registration as a waste carrier, against the refusal by the Minister
of his or her application;
(h) a
registered waste carrier, against the imposing or variation of a condition by a
notice served on him or her under Article 45(2);
(i) a
registered waste carrier, against the suspension by the Minister of his or her
registration;
(j) a
registered waste carrier, against the revocation by the Minister of the
Minister’s own initiative of his or her registration;
(k) a
registered waste carrier, against the refusal by the Minister of his or her application
for the revocation of his or her registration or the imposing by the Minister
(when granting the application) of any requirement under Article 48(2);
(l) an
applicant for recognition under Article 63 as a trader, against the
refusal by the Minister of his or her application;
(m) a
recognized trader, against the withdrawal by the Minister under Article 63
of its recognition;
(n) a
person of whom a requirement is made under any of Articles 87, 88, 89 and
90, against the making of the requirement; and
(o) an
applicant for the grant of a certificate of confidentiality, against the
refusal of the application in whole or in part.
(2) An
appeal shall be brought within 21 days after the appellant is served with
a written copy of the decision or the notice in writing of the requirement (as
the case may be), or within such further time as the Royal Court may allow.
(3) The
Minister shall give notice in writing of the appeal to every person who has made
representations under Article 17(4) on the matter to which the appeal
relates and has provided an address for service within Jersey, and that person
may appear and be heard.
(4) Unless
the Royal Court so orders, the lodging of an appeal shall not operate to stay
the effect of a decision or requirement pending the determination of the
appeal.
(5) On
hearing the appeal, the Royal Court –
(a) may
confirm, reverse or vary the decision or requirement against which the appeal
is brought; and
(b) may
make such order as to the costs of the appeal as it thinks fit.
(6) The
appellant shall have a right of appeal to the Court of Appeal against a
decision of the Royal Court under this Article.
98 Compensation
(1) If
any person suffers any loss or damage in consequence of the exercise of any
power under Article 85, the Minister shall be liable to pay compensation
to the person for that loss or damage.
(2) Compensation
shall not be payable under this Article –
(a) to
the extent that the loss or damage is attributable to the claimant’s
fault; or
(b) to
the extent that compensation for the loss or damage is payable under any other
enactment or rule of law,
but this Article does not
limit any right to compensation under any other enactment or rule of law.
(3) For
the purposes of a claim for compensation under this Article –
(a) conforming
to an approved code of practice is not conduct involving fault; and
(b) if a
person claims compensation in respect of any loss or damage, the person’s
failure in a material way to conform to an approved code of practice within a
reasonable time after the code is approved under Article 15(1) shall be
admissible as evidence that the loss or damage is attributable to the
person’s fault.
(4) Any
dispute as to the entitlement of any person to compensation under this Article,
or as to the amount of compensation –
(a) shall
be referred to and determined by the arbitration of a single arbitrator
appointed by agreement between the Minister and the claimant; or
(b) in
default of such agreement, shall be referred to and determined by the Board of
Arbitrators appointed in accordance with Articles 8 and 9 of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961.
(5) In
the determination of a dispute under paragraph (4) of this Article –
(a) Articles 10
and 20 of the Compulsory
Purchase of Land (Procedure) (Jersey) Law 1961 shall apply; and
(b) in
their application to this Law, the references in those provisions to the
acquisition of land shall be read as references to the exercise of a power
under Article 85 of this Law.
(6) In
the determination of a dispute under paragraph (4) of this Article –
(a) Articles 12,
13, 14, 16 and 17 of that Law shall also apply; and
(b) in
the application of those Articles (other than Article 13) to this Law, the
references in them to the Board of Arbitrators shall be read as including a
reference to a single arbitrator appointed by agreement under paragraph (4)
of this Article.
(7) Interest,
at the rate specified in Article 11(4) of the Compulsory Purchase of Land
(Procedure) (Jersey) 1961 and calculated in accordance with that paragraph
from the date on which the loss or damage occurred until the date of payment,
shall be added to the amount of any compensation assessed under this Article.
99 Breach
of conditions
(1) If
a licensee contravenes any condition of or relating to his or her licence, or
to the revocation or surrender of his or her licence, the licensee shall be
guilty of an offence.
(2) If
a registered waste carrier contravenes any condition of or relating to his or
her registration, or to the revocation of his or her registration, the
registered waste carrier shall be guilty of an offence.
(3) A
person who is guilty of an offence under paragraph (1) or paragraph (2)
shall be liable to imprisonment for a term of 2 years and to a fine.
100 False
information
Any person who –
(a) in
support of an application made under this Law;
(b) on
being required under a condition of a waste management licence, or under Article 88,
to give or deliver any information to the Minister; or
(c) in
completing and signing any part of a consignment note,
knowingly or recklessly
makes a statement that is false or misleading in a material particular shall be
guilty of an offence and liable to imprisonment for a term of 2 years and
to a fine.
101 Interference
with apparatus
Any person who
maliciously or dishonestly interferes or tampers with any meter or other
apparatus installed on or in any land, motor vehicle, ship or aircraft –
(a) by
the Minister, for the purposes of this Law; or
(b) by
any other person, in accordance with a requirement of or under this Law,
shall be guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
102 Criminal
liability
(1) Any
person who aids, abets, counsels or procures the commission of an offence under
this Law shall also be guilty of the offence and liable in the same manner as a
principal offender to the penalty provided for that offence.
(2) If
an offence under this Law committed by a body corporate is proved to have been
committed with the consent or connivance of or to be attributable to any
neglect on the part of –
(a) a
person who is a director, manager, secretary or other similar officer of the
body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be
guilty of the offence and liable in the same manner as the body corporate to
the penalty provided for that offence.
(3) If
the affairs of a body corporate are managed by its members, paragraph (2)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if the member were a director of the body
corporate.
103 Evidence
(1) If,
in any civil or criminal proceedings under this Law, evidence is adduced of
information recorded by a meter or other apparatus that is approved or used by
the Minister in carrying out the functions conferred on it by this Law, it
shall be presumed until the contrary is proved that the meter or apparatus has
at all material times recorded information accurately.
(2) A
statement that is made by a person in compliance with a requirement –
(a) of a
condition of a waste management licence;
(b) of a
prescribed condition of registration as a waste carrier or a condition imposed
under Article 45(2); or
(c) under
Article 88,
shall not be used in
evidence in any criminal proceedings against that person.
(3) However,
the restriction in paragraph (2) does not apply to criminal proceedings in
which the person is charged with an offence of which one of the ingredients is
that the statement is false or misleading in a material particular.
(4) Subject
to paragraph (2), in any civil or criminal proceedings under this Law information
that is provided by or obtained from any person under a condition of a waste
management licence, a prescribed condition of registration as a waste carrier
or a condition imposed under Article 45(2), shall be admissible in
evidence against that person.
104 Limitation
of liability of Minister
Neither the Minister nor
any officer, employee or agent in an administration of the States for which the
Minister is assigned responsibility shall incur any civil or criminal liability
in respect of –
(a) the
grant, variation, transfer, suspension, revocation or surrender of a waste
management licence;
(b) the
registration of a waste carrier, or the suspension or revocation of the
registration of a waste carrier; or
(c) the
consent or agreement of the Minister to an internal or transboundary movement
of waste,
unless it is proved that
the Minister or the officer, employee or agent in an administration of the
States for which the Minister is assigned responsibility (as the case may be)
was acting in bad faith.
105 Service of
documents
(1) A
document may be served under this Law in any of the following ways –
(a) on an
individual, by delivering it to the individual personally or by leaving it at the
individual’s proper address or by sending it by recorded delivery post to
the individual at that address;
(b) on a
body corporate, by serving it in accordance with sub-paragraph (a) on the
secretary or clerk of that body;
(c) on a
partnership, by serving it in accordance with sub-paragraph (a) on a
partner or a person having the control or management of the partnership
business; or
(d) on an
unincorporated body or unincorporated association of persons, by serving it in
accordance with sub-paragraph (a) on any person having the control or
management of its affairs.
(2) For
the purposes of this Article, and of Article 7 of the Interpretation
(Jersey) Law 1954 (which relates to the service of documents by post)
in its application to this Article, the proper address of any person on whom a
document is to be served is the person’s last known address, except that –
(a) in
the case of service on a body corporate or its secretary or clerk, it is the
address of the registered or principal office of the body; or
(b) in
the case of service on a partnership or a partner or a person having the
control or management of a partnership business, it is the address of the
principal office of the partnership.
(3) In
the case of a body incorporated outside Jersey or of a partnership carrying on
business outside Jersey, its principal office within Jersey is its principal
office for the purposes of this Article.
(4) If
a person who is to be served under this Law with any document has specified an
address within Jersey other than the person’s proper address (as
determined in accordance with paragraph (2)) as the one at which the
person or someone on his or her behalf will accept service of documents, that
address may be treated as the proper address for the purposes of this Article.
(5) If
a document is to be served under this Law –
(a) on
the owner or person in charge of any land, motor vehicle, ship or aircraft; or
(b) on
the occupier of any land, the driver of a motor vehicle, the master of a ship
or the commander of an aircraft,
and after reasonable
enquiry he or she cannot be found and his or her name and address cannot be
ascertained, and the document relates to the land, motor vehicle, ship or
aircraft, the document may be served by delivering it personally to some other
responsible person who is or appears to be resident or employed on or in it, or
by affixing it (or a copy) conspicuously to any part of the land, motor
vehicle, ship or aircraft.
(6) This
Article does not apply to any document for which provision for service is made
by Rules of Court, but it does not prevent service by any other mode that is
permitted by any other enactment or rule of law.
106 Fees
(1) The
Minister may prescribe –
(a) fees
that shall be payable to the Minister in respect of applications for the grant,
variation, transfer, revocation or surrender of waste management licences;
(b) fees
that shall be payable to the Minister in respect of applications for the grant
or revocation of registration as waste carriers;
(c) fees
that shall be payable to the Minister periodically by licensees or registered
persons under this Law; and
(d) fees
that shall be payable for the supplying by the Minister to any persons of
consignment notes.
(2) In
prescribing such fees, the Minister shall have regard to the amounts that are
needed to meet his or her expenditure in carrying out his or her functions
under this Law in respect of the matters for which the fees are payable.
(3) In
prescribing fees –
(a) the Minister
may set different amounts in respect of different parts of any periods during
which any licence or registration remains in force;
(b) the
Minister may set different amounts according to the kinds or scale of activity,
the kinds or amounts of any substances, the localities or circumstances and the
number of different activities to which any licence or registration relates;
and
(c) the
Minister may set different amounts for the supplying of consignment notes for
internal movements and those for transboundary movements.
(4) If
any fee is prescribed under this Law, the Minister may refuse to do anything
for which it is payable until it is paid (without prejudice to the right of the
Minister to recover the money).
107 Amendment of
Schedules
The States may by
Regulations amend any of Schedules 1, 2, 3, 4, 5, 6, 7, 8 and 9.
108 Subordinate
legislation
(1) The
Minister may make Orders relating to all or any of the following matters –
(a) prescribing
forms for the purposes of this Law;
(b) prescribing
information that is to be included in or to accompany applications under this
Law;
(c) providing
for any other matters that are to be or is may be prescribed under any other
provisions of this Law;
(d) providing
for such other matters as are reasonably necessary for or incidental to the
purpose of carrying this Law into effect.
(2) Regulations
and Orders made under this Law may make different provision for different
Parts, Articles, Schedules or other divisions of this Law or different classes
of case.
(3) [13]
(4) The
powers of the Superior Number of the Royal Court to make rules under the Royal
Court (Jersey) Law 1948 shall include power to make rules for the
purposes of this Law.
109 Relationship
to other enactments
(1) This
Law does not relieve any person from an obligation to obtain any approval,
authorization, consent or permission that is required by or under any other
enactment.
(2) Nothing
in any of Articles 89, 90 and 92 –
(a) derogates
from any right of action or other remedy (whether civil or criminal) in
proceedings instituted otherwise than under any such Article; or
(b) affects
any restriction imposed by or under any other enactment.
110 Implementation
of international obligations
The States may by
Regulations modify this Law to give effect to any international agreement,
other international instrument or international obligation, that relates to the
control of waste pollution within Jersey, or the regulation of the
transboundary movement of wastes, and is applicable to or binding on Jersey.
111 Application
to Crown
(1) Subject
to this Article, this Law shall bind the Crown.
(2) No
contravention by the Crown of any provision of this Law shall make the Crown
criminally liable.
(3) However –
(a) the
Royal Court may, on the application of the Minister, declare unlawful any act
or omission of the Crown that contravenes a provision of this Law; and
(b) the
provisions of this Law apply in any event to persons in the public service of
the Crown as they apply to other persons.
(4) If
the Lieutenant-Governor certifies that it appears to him or her that it is
requisite or expedient that, in the interests of national security, any powers
in or under this Law that are specified in the certificate should not be
exercisable in relation to any Crown land specified in the certificate, those
powers shall not be exercisable in respect of that land.
(5) This
Law does not apply to His Majesty in his private capacity.[14]
112 Transitional
provisions
This Law shall have
effect subject to the transitional provisions set out in Schedules 10 and
11.
113 Citation
This Law may be cited as
the Waste Management (Jersey) Law 2005.
Schedule 1
(Article 1(1))
Disposal and recovery operations
Part 1
Disposal operations
D1 Deposit
on land, (for example, landfill).
D2 Land
treatment, (for example, biodegradation of liquid or sludgy discards in soils).
D3 Deep
injection, (for example, injection of pumpable discards into wells, salt domes
or naturally occurring repositories).
D4 Surface
impoundment, (for example, placement of liquid or sludge discards into pits,
ponds or lagoons).
D5 Specially
engineered landfill (for example, placement into lined discrete cells that are
capped and isolated from one another and the environment).
D6 Release
into a water body except a sea or ocean.
D7 Release
into a sea or ocean, including seabed insertion.
D8 Biological
treatment, not specified elsewhere in this Schedule, that results in final
compounds or mixtures that are discarded by means of any of the operations in
this Part of this Schedule.
D9 Physico-chemical
treatment, not specified elsewhere in this Schedule, that results in final
compounds or mixtures that are discarded by means of any of the operations in
this Part of this Schedule (for example, evaporation, drying, calcination,
neutralisation or precipitation).
D10 Incineration
on land.
D11 Incineration
at sea.
D12 Permanent
storage (for example, emplacement of containers in a mine).
D13 Blending
or mixing prior to submission to any of the operations in this Schedule.
D14 Repacking
prior to submission to any of the operations in this Part of this Schedule.
D15 Storage
pending any of the operations in this Part of this Schedule.
Part 2[15]
Recovery operations
R1 Use
principally as a fuel or other means to generate energy, which includes use in an incineration facility
that meets all of the requirements described in the footnote to the recovery
operation numbered R1 in Annex II to the Waste Framework Directive, as amended
from time to time, including in particular the requirements in that footnote as
to energy efficiency.
R2 Solvent
reclamation or regeneration.
R3 Recycling
or reclamation of organic substances that are not used as solvents.
R4 Recycling
or reclamation of metals and metal compounds.
R5 Recycling
or reclamation of other inorganic materials.
R6 Regeneration
of acids or bases.
R7 Recovery
of components used for pollution abatement.
R8 Recovery
of components from catalysts.
R9 Re-refining
of used oil or other reuses of previously used oil.
R10 Land
treatment resulting in benefit to agriculture or ecological improvement.
R11 Uses
of residual materials obtained from any of the operations numbered
R1 – R10.
R12 Exchange
of wastes for submission to any of the operations numbered
R1 – R11.
R13 Accumulation
of material intended for any operation in this Part of this Schedule.
Schedule 2
(Article 3(1))
Hazardous wastes
part 1
Hazardous
waste specified in Basel Convention
Section A: Categories
Waste streams
Y1 Clinical
wastes from medical care in hospitals, medical centres and clinics.
Y2 Wastes
from the production and preparation of pharmaceutical products.
Y3 Waste
pharmaceuticals, drugs and medicines.
Y4 Wastes
from the production, formulation and use of biocides and phytopharmaceuticals.
Y5 Wastes
from the manufacture, formulation and use of wood preserving chemicals.
Y6 Wastes
from the production, formulation and use of organic solvents.
Y7 Wastes
from heat treatment and tempering operations containing cyanides.
Y8 Waste
mineral oils unfit for their originally intended use.
Y9 Waste
oils/water, hydrocarbons/water mixtures, emulsions.
Y10 Waste
substances and articles containing or contaminated with polychlorinated
biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated
biphenyls (PBBs).
Y11 Waste
tarry residues arising from refining, distillation and any pyrolytic treatment.
Y12 Wastes
from production, formulation and use of inks, dyes, pigments, paints, lacquers
or varnish.
Y13 Wastes
from production, formulation and use of resins, latex, plasticizers or
glues/adhesives.
Y14 Waste
chemical substances arising from research and development or teaching
activities that are not identified and/or are new and whose effects on man
and/or the environment are not known.
Y15 Wastes
of an explosive nature not subject to other legislation.
Y16 Wastes
from production, formulation and use of photographic chemicals and processing
materials.
Y17 Wastes
resulting from surface treatment of metals and plastics.
Y18 Residues
arising from industrial waste disposal operations.
Wastes
having as constituents –
Y19 metal
carbonyls;
Y20 beryllium
or beryllium compounds;
Y21 hexavalent
chromium compounds;
Y22 copper
compounds;
Y23 zinc
compounds;
Y24 arsenic
or arsenic compounds;
Y25 selenium
or selenium compounds;
Y26 cadmium
or cadmium compounds;
Y27 antimony
or antimony compounds;
Y28 tellurium
or tellurium compounds;
Y29 mercury
or mercury compounds;
Y30 thallium
or thallium compounds;
Y31 lead
or lead compounds;
Y32 inorganic
fluorine compounds (excluding calcium fluoride);
Y33 inorganic
cyanides;
Y34 acidic
solutions or acids in solid form;
Y35 basic
solutions or bases in solid form;
Y36 asbestos
(dust and fibres);
Y37 organic
phosphorous compounds;
Y38 organic
cyanides;
Y39 phenols
or phenol compounds (including chlorophenols);
Y40 ethers;
Y41 halogenated
organic solvents;
Y42 organic
solvents excluding halogenated solvents;
Y43 any
congenor of polychlorinated dibenzo-furan;
Y44 any
congenor of polychlorinated dibenzo-p-dioxin; or
Y45 organohalogen
compounds other than substances referred to in this Part of this Schedule (for
example Y39, Y41, Y42, Y43, Y44).
Section B:
Hazardous characteristics
|
UN
Class*
|
Code
|
Characteristics
|
1
|
H1
|
Explosive substances or wastes
An explosive substance or waste is a solid or liquid substance or
waste (or mixture of substances or wastes) that is in itself capable by
chemical reaction of producing gas at such a temperature and pressure and at
such a speed as to cause damage to the surroundings.
|
3
|
H3
|
Flammable liquids
The word “flammable” has the same meaning as
“inflammable”. Flammable liquids are liquids, or mixtures of
liquids, or liquids containing solids in solution or suspension (for example,
paints or varnishes, lacquers, but not including substances or wastes
otherwise classified on account of their dangerous characteristics) that give
off a flammable vapour at temperatures of not more than 60.5oC,
closed-cup test, or not more than 65.6oC, open-cup test.
(Because the results of open-cup tests and of closed-cup tests are not
strictly comparable and individual results even by the same test are often
variable, results varying from the above figures to make allowance for such
differences are within the scope of this definition.)
|
4.1
|
H4.1
|
Flammable solids
Solids, or waste solids, other than those classed as explosives,
that under conditions encountered in transport are readily combustible, or
may cause or contribute to fire through friction.
|
4.2
|
H4.2
|
Substances or wastes liable to spontaneous combustion
Substances or wastes that are liable to spontaneous heating under
normal conditions encountered in transport, or to heating up on contact with
air, and are then liable to catch fire.
|
4.3
|
H4.3
|
Substances
or wastes that, in contact with water, emit flammable gases
Substances or wastes that, by interaction with water, are liable
to become spontaneously flammable or to give off flammable gases in dangerous
quantities.
|
5.1
|
H5.1
|
Oxidizing substances or wastes
Substances or wastes that, while in themselves not necessarily
combustible, may (usually by yielding oxygen) cause or contribute to the
combustion of other materials.
|
5.2
|
H5.2
|
Organic peroxides or wastes
Organic substances or wastes that contain the bivalent-O-O- structure
and are thermally unstable substances that may undergo exothermic
self-accelerating decomposition.
|
* Corresponds to the hazard classification
system included in the United Nations Recommendations on the Transport
of
Dangerous Goods (ST/SG/AC.10/1/Rev.5, United Nations, New
York, 1988).
|
6.1
|
H6.1
|
Poisonous substances or wastes
Substances or wastes
that are liable either to cause death or serious injury or harm to human
health if swallowed or inhaled or by skin contact.
|
6.2
|
H6.2
|
Infectious substances
Substances or wastes
containing viable micro-organisms or their toxins that are known or suspected
to cause disease in animals or humans.
|
9
|
H8
|
Corrosives
Substances or wastes
that, by chemical action, will cause severe damage when in contact with
living tissue, or, in the case of leakage, will materially damage or even
destroy other goods or the means of transport (whether or not they may cause
other hazards).
|
9
|
H10
|
Liberation of toxic gases in contact with air or water
Substances or wastes
that, by interaction with air or water, are liable to give off toxic gases in
dangerous quantities.
|
9
|
H11
|
Toxic substances or wastes delayed or chronic
Substances or wastes that, if they are inhaled or ingested or if
they penetrate the skin, may involve delayed or chronic effects, including
carcinogenicity.
|
9
|
H12
|
Ecotoxic substances or wastes
Substances or wastes that, if released, present or may present
immediate or delayed adverse impacts to the environment by means of
bioaccumulation and/or toxic effects upon biotic systems.
|
9
|
H13
|
Other substances or wastes
Substances or wastes, that, by any means, are capable after
disposal of yielding another material (for example, leachate) that possesses
any of the characteristics listed above.
|
|
Part 2
Hazardous waste by national
definition
Any waste that is the
subject of a transboundary movement (whether or not it is hazardous waste
within the meaning of Part 1 of this Schedule), if it is defined or
considered to be a hazardous waste by the domestic legislation of the country
of dispatch or any country of transit or the country of destination.
Schedule 3
(Article 7)
Wastes that are subject to the Basel Convention
1. Hazardous
waste.
2. Household
waste, within the meaning of the Basel Convention.
3. The
residues from the incineration of household waste, within the meaning of the
Basel Convention.
Schedule 4
(Article 8(1),
(2))
Wastes that may be subject to the Basel Convention ban
Part 1[16]
Wastes that are normally
subject to the Basel Convention ban
A1 Metal and metal-bearing
wastes
A1010 Metal
wastes and waste consisting of alloys of any of the following:
· Antimony
· Arsenic
· Beryllium
· Cadmium
· Lead
· Mercury
· Selenium
· Tellurium
· Thallium
but
excluding such wastes specifically listed in Part 2 of this Schedule.
A1020 Waste
having as constituents or contaminants, excluding metal waste in massive form,
any of the following:
· Antimony;
antimony compounds
· Beryllium;
beryllium compounds
· Cadmium;
cadmium compounds
· Lead;
lead compounds
· Selenium;
selenium compounds
· Tellurium;
tellurium compounds
A1030 Wastes
having as constituents or contaminants any of the following:
· Arsenic;
arsenic compounds
· Mercury;
mercury compounds.
· Thallium;
thallium compounds
A1040 Wastes
having as constituents any of the following:
· Metal
carbonyls
· Hexavalent
chromium compounds.
A1050 Galvanic
sludges
A1060 Waste
liquors from the pickling of metals
A1070 Leaching
residues from zinc processing, dust and sludges such as jarosite, hematite,
etc.
A1080 Waste zinc
residues not included in Part 2 of this Schedule, containing lead and
cadmium in concentrations sufficient to exhibit characteristics described in
Section B of Part 1 of Schedule 2
A1090 Ashes from
the incineration of insulated copper wire
A1100 Dusts and
residues from gas cleaning systems of copper smelters
A1110 Spent
electrolytic solutions from copper electrorefining and electrowinning
operations
A1120 Waste
sludges, excluding anode slimes, from electrolyte purification systems in
copper electrorefining and electrowinning operations
A1130 Spent
etching solutions containing dissolved copper
A1140 Waste
cupric chloride and copper cyanide catalysts
A1150 Precious
metal ash from incineration of printed circuit boards not included in Part 2
of this Schedule(1)
A1160 Waste
lead-acid batteries, whole or crushed
A1170 Unsorted
waste batteries excluding mixtures only of batteries specified in Part 2
of this Schedule. Waste batteries not specified in Part 2 of this Schedule
containing constituents described in Section A of Part 1 of Schedule 2
to an extent to render them hazardous
A1180 Waste
electrical and electronic assemblies or scrap(2) containing components such as accumulators and
other batteries included in this Part of this Schedule, mercury-switches, glass
from cathode-ray tubes and other activated glass and PCB-capacitors, or
contaminated with constituents described in Section A of Part 1 of
Schedule 2 (e.g., cadmium, mercury, lead, polychlorinated biphenyl) to an
extent that they possess any of the characteristics described in Section B
of Part 1 of Schedule 2 (note the related entry B1110 in Part 2
of this Schedule)(3)
A2 Wastes containing
principally inorganic constituents, which may contain metals and organic
materials
A2010 Glass waste
from cathode-ray tubes and other activated glasses
A2020 Waste
inorganic fluorine compounds in the form of liquids or sludges but excluding
such wastes specified in Part 2 of this Schedule
A2030 Waste
catalysts but excluding such wastes specified in Part 2 of this Schedule
A2040 Waste
gypsum arising from chemical industry processes, when containing constituents
described in Section A of Part 1 of Schedule 2 to the extent
that it exhibits an hazardous characteristic described in Section B of
Part 1 of Schedule 2 (note the related entry B2080 in Part 2 of
this Schedule)
A2050 Waste
asbestos (dusts and fibres)
A2060 Coal-fired
power plant fly-ash containing substances described in Section A of Part 1
of Schedule 2 in concentrations sufficient to exhibit characteristics
described in Section B of Part 1 of Schedule 2 (note the related
entry B2050 in Part 2 of this Schedule)
A3 Wastes containing
principally organic constituents, which may contain metals and inorganic
materials
A3010 Waste from
the production or processing of petroleum coke and bitumen
A3020 Waste
mineral oils unfit for their originally intended use
A3030 Wastes that
contain, consist of or are contaminated with leaded anti-knock compound sludges
A3040 Waste
thermal (heat transfer) fluids
A3050 Wastes from
production, formulation and use of resins, latex, plasticizers, glues/adhesives
excluding such wastes specified in Part 2 of this Schedule (note the
related entry B4020 in that Part)
A3060 Waste
nitrocellulose
A3070 Waste
phenols, phenol compounds including chlorophenol in the form of liquids or
sludges
A3080 Waste
ethers not including those specified in Part 2 of this Schedule
A3090 Waste
leather dust, ash, sludges and flours when containing hexavalent chromium
compounds or biocides (note the related entry B3100 in Part 2 of this
Schedule)
A3100 Waste
paring and other waste of leather or of composition leather not suitable for
the manufacture of leather articles containing hexavalent chromium compounds or
biocides (note the related entry in B3090 in Part 2 of this Schedule)
A3110 Fellmongery
wastes containing hexavalent chromium compounds or biocides or infectious
substances (note the related entry in B3110 in Part 2 of this Schedule)
A3120 Fluff
– light fraction from shredding
A3130 Waste
organic phosphorous compounds
A3140 Waste
non-halogenated organic solvents but excluding such wastes specified in Part 2
of this Schedule
A3150 Waste
halogenated organic solvents
A3160 Waste
halogenated or unhalogenated non-aqueous distillation residues arising from
organic solvent recovery operations
A3170 Wastes
arising from the production of aliphatic halogenated hydrocarbons (such as
chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl
chloride and epichlorhydrin)
A3180 Wastes,
substances and articles containing, consisting of or contaminated with
polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT),
polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any
other polybrominated analogues of these compounds, at a concentration level of
50 mg/kg or more(4)
A3190 Waste tarry
residues (excluding asphalt cements) arising from refining, distillation and
any pyrolitic treatment of organic materials
A3200 Bituminous materials (asphalt waste) from road construction and
maintenance, containing tar (note the related entry in B2130 in Part B of
this Schedule)
A4 Wastes which may
contain either inorganic or organic constituents
A4010 Wastes from
the production, preparation and use of pharmaceutical products but excluding
such wastes specified in Part 2 of this Schedule
A4020 Clinical
and related wastes; that is wastes arising from medical, nursing, dental,
veterinary, or similar practices, and wastes generated in hospitals or other
facilities during the investigation or treatment of patients, or research
projects
A4030 Wastes from
the production, formulation and use of biocides and phytopharmaceuticals,
including waste pesticides and herbicides which are off-specification,
outdated,(5) or unfit for their originally intended use
A4040 Wastes from
the manufacture, formulation and use of wood-preserving chemicals(6)
A4050 Wastes that
contain, consist of or are contaminated with any of the following:
· Inorganic
cyanides, excepting precious-metal-bearing residues in solid form containing
traces of inorganic cyanides
· Organic
cyanides
A4060 Waste
oils/water, hydrocarbons/water mixtures, emulsions
A4070 Wastes from
the production, formulation and use of inks, dyes, pigments, paints, lacquers,
varnish excluding any such waste specified in Part 2 of this Schedule
(note the related entry B4010 in that Part)
A4080 Wastes of
an explosive nature (but excluding such wastes specified in Part 2 of this
Schedule)
A4090 Waste
acidic or basic solutions, other than those specified in the corresponding
entry in Part 2 of this Schedule (note the related entry B2120 in that
Part)
A4100 Wastes from
industrial pollution control devices for cleaning of industrial off-gases but
excluding such wastes specified in Part 2 of this Schedule
A4110 Wastes that
contain, consist of or are contaminated with any of the following:
· Any
congenor of polychlorinated dibenzo-furan
· Any
congenor of polychlorinated dibenzo-dioxin
A4120 Wastes that
contain, consist of or are contaminated with peroxides
A4130 Waste
packages and containers containing substances described in Section A of
Part 1 of Schedule 2 in concentrations sufficient to exhibit hazard
characteristics described in Section B of Part 1 of Schedule 2
A4140 Waste
consisting of or containing off-specification or outdated(7) chemicals corresponding to categories described in Section A of
Part 1 of Schedule 2 and exhibiting hazard characteristics described
in Section B of Part 1 of Schedule 2
A4150 Waste
chemical substances arising from research and development or teaching
activities which are not identified and/or are new and whose effects on human
health and/or the environment are not known
A4160 Spent
activated carbon not included in Part 2 of this Schedule (note the related
entry B2060 in that Part)
Part 2[17]
Wastes that are not
normally subject to the Basel Convention ban
B1 Metal and metal-bearing
wastes
B1010 Metal
and metal-alloy wastes in metallic, non-dispersible form:
· Precious
metals (gold, silver, the platinum group, but not mercury)
· Iron
and steel scrap
· Copper
scrap
· Nickel
scrap
· Aluminium scrap
· Zinc
scrap
· Tin
scrap
· Tungsten
scrap
· Molybdenum
scrap
· Tantalum
scrap
· Magnesium
scrap
· Cobalt
scrap
· Bismuth
scrap
· Titanium
scrap
· Zirconium
scrap
· Manganese
scrap
· Germanium
scrap
· Vanadium
scrap
· Scrap
of hafnium, indium, niobium, rhenium and gallium
· Thorium
scrap
· Rare
earths scrap
· Chromium
scrap
B1020 Clean,
uncontaminated metal scrap, including alloys, in bulk finished form (sheet,
plate, beams, rods, etc), of:
· Antimony
scrap
· Beryllium
scrap
· Cadmium
scrap
· Lead
scrap (but excluding lead-acid batteries)
· Selenium
scrap
· Tellurium
scrap
B1030 Refractory
metals containing residues
B1031 Molybdenum, tungsten,
titanium, tantalum, niobium and rhenium metal and metal alloy wastes in
metallic dispersible form (metal powder) excluding such wastes as specified in
list A under entry A1050 – Galvanic sludges
B1040 Scrap
assemblies from electrical power generation not contaminated with lubricating
oil, PCB or PCT to an extent to render them hazardous
B1050 Mixed
non-ferrous metal, heavy fraction scrap, not containing materials described in
Section A of Part 1 of Schedule 2 in concentrations sufficient
to exhibit characteristics(8) described in
Section B of Part 1 of Schedule 2
B1060 Waste
selenium and tellurium in metallic elemental form including powder
B1070 Waste
of copper and copper alloys in dispersible form, unless they contain
constituents described in Section A of Part 1 of Schedule 2 to
an extent that they exhibit characteristics described in Section B of Part 1
of Schedule 2
B1080 Zinc
ash and residues including zinc alloys residues in dispersible form unless
containing constituents described in Section A of Part 1 of Schedule 2
in concentration such as to exhibit described in Section B of Part 1
of Schedule 2 characteristics or exhibiting hazard characteristic H4.3(9)
B1090 Waste
batteries conforming to a specification, excluding those made with lead,
cadmium or mercury
B1100 Metal-bearing
wastes arising from melting, smelting and refining of metals:
· Hard
zinc spelter
· Zinc-containing
drosses:
– Galvanizing
slab zinc top dross (>90% Zn)
– Galvanizing
slab zinc bottom dross (>92% Zn)
– Zinc
die casting dross (>85% Zn)
– Hot
dip galvanizers slab zinc dross (batch)(>92% Zn)
– Zinc
skimmings
· Aluminium
skimmings (or skims) excluding salt slag
· Slags
from copper processing for further processing or refining not containing
arsenic, lead or cadmium to an extend that they exhibit hazard characteristics
described in Section B of Part 1 of Schedule 2
· Wastes
of refractory linings, including crucibles, originating from copper smelting
· Slags
from precious metals processing for further refining
· Tantalum-bearing
tin slags with less than 0.5% tin
B1110 Electrical
and electronic assemblies:
· Electronic
assemblies consisting only of metals or alloys
· Waste
electrical and electronic assemblies or scrap(10) (including printed circuit boards) not containing
components such as accumulators and other batteries included in Part 1 of
this Schedule, mercury-switches, glass from cathode-ray tubes and other
activated glass and PCB-capacitors, or not contaminated with constituents
described in Section A of Part 1 of Schedule 2 (e.g., cadmium,
mercury, lead, polychlorinated biphenyl) or from which these have been removed,
to an extent that they do not possess any of the characteristics described in
Section B of Part 1 of Schedule 2 (note the related entry A1180
in Part 1 of this Schedule)
· Electrical
and electronic assemblies (including printed circuit boards, electronic
components and wires) destined for direct reuse,(11) and not for recycling or final disposal(12)
B1120 Spent
catalysts excluding liquids used as catalysts, containing any of:
Transition metals,
excluding waste catalysts (spent catalysts, liquid used catalysts or other
catalysts) in Part 1 of this Schedule:
|
Scandium
Vanadium
Manganese
Cobalt
Copper
Yttrium
Niobium
Hafnium
Tungsten
|
Titanium
Chromium
Iron
Nickel
Zinc
Zirconium
Molybdenum
Tantalum
Rhenium
|
Lanthanides (rare earth
metals):
|
Lanthanum
Praseodymium
Samarium
Gadolinium
Dysprosium
Erbium
Ytterbium
|
Cerium
Neody
Europium
Terbium
Holmium
Thulium
Lutetium
|
B1130 Cleaned
spent precious-metal-bearing catalysts
B1140 Precious-metal-bearing
residues in solid form which contain traces of inorganic cyanides
B1150 Precious
metals and alloy wastes (gold, silver, the platinum group, but not mercury) in
a dispersible, non-liquid form with appropriate packaging and labelling
B1160 Precious-metal
ash from the incineration of printed circuit boards (note the related entry
A1150 in Part 1 of this Schedule)
B1170 Precious-metal
ash from the incineration of photographic film
B1180 Waste
photographic film containing silver halides and metallic silver
B1190 Waste
photographic paper containing silver halides and metallic silver
B1200 Granulated
slag arising from the manufacture of iron and steel
B1210 Slag
arising from the manufacture of iron and steel including slags as a source of
TiO2 and vanadium
B1220 Slag
from zinc production, chemically stabilized, having a high iron content
(above 20%) and processed according to industrial specifications (e.g.,
DIN 4301) mainly for construction
B1230 Mill scaling
arising from the manufacture of iron and steel
B1240 Copper
oxide mill-scale
B1250 Waste end-of-life motor
vehicles, containing neither liquids nor other hazardous components
B2 Wastes containing
principally inorganic constituents, which may contain metals and organic
materials
B2010 Wastes
from mining operations in non-dispersible form:
· Natural
graphite waste
· Slate
waste, whether or not roughly trimmed or merely cut, by sawing or otherwise
· Mica
waste
· Leucite,
nepheline and nepheline syenite waste
· Feldspar
waste
· Fluorspar
waste
· Silica
wastes in solid form excluding those used in foundry operations
B2020 Glass
waste in non-dispersible form:
· Cullet
and other waste and scrap of glass except for glass from cathode-ray tubes and
other activated glasses
B2030 Ceramic
wastes in non-dispersible form:
· Cermet
wastes and scrap (metal ceramic composites)
· Ceramic
based fibres not elsewhere specified or included
B2040 Other
wastes containing principally inorganic constituents:
· Partially
refined calcium sulphate produced from flue-gas desulphurization (FGD)
· Waste
gypsum wallboard or plasterboard arising from the demolition of buildings
· Slag
from copper production, chemically stabilized, having a high iron content
(above 20%) and processed according to industrial specifications (e.g.,
DIN 4301 and DIN 8201) mainly for construction and abrasive applications
· Sulphur
in solid form
· Limestone
from the production of calcium cyanamide (having a pH less than 9)
· Sodium,
potassium, calcium chlorides
· Carborundum
(silicon carbide)
· Broken
concrete
· Lithium-tantalum
and lithium-niobium containing glass scraps
B2050 Coal-fired
power plant fly-ash, not included in Part 1 of this Schedule (note the
related entry A2060 in Part 1 of this Schedule)
B2060 Spent
activated carbon resulting from the treatment of potable water and processes of
the food industry and vitamin production (note the related entry A4160 in Part 1
of this Schedule)
B2070 Calcium
fluoride sludge
B2080 Waste
gypsum arising from chemical industry processes not included in Part 1 of
this Schedule (note the related entry A2040 in that Part)
B2090 Waste
anode butts from steel or aluminium production made of petroleum coke or
bitumen and cleaned to normal industry specifications (excluding anode butts
from chlor-alkali electrolyses and from metallurgical industry)
B2100 Waste
hydrates of aluminium and waste alumina and residues from alumina production
excluding such materials used for gas cleaning, flocculation or filtration
processes
B2110 Bauxite
residue (“red mud”) (pH moderated to less than 11.5)
B2120 Waste
acidic or basic solutions with a pH greater than 2 and less than 11.5, which
are not corrosive or otherwise hazardous (note the related entry A4090 in Part 1
of this Schedule)
B2130 Bituminous material
(asphalt waste) from road construction and maintenance, not containing tara
(note the related entry on List A, A3200)
B3 Wastes containing
principally organic constituents, which may contain metals and inorganic
materials
B3010 Solid
plastic waste:
The
following plastic or mixed plastic materials, provided they are not mixed with
other wastes and are prepared to a specification:
· Scrap
plastic of non-halogenated polymers and co-polymers, including but not limited
to the following(13):
– ethylene
– styrene
– polypropylene
– polyethylene
terephthalate
– acrylonitrile
– butadiene
– polyacetals
– polyamides
– polybutylene
terephthalate
– polycarbonates
– polyethers
– polyphenylene
sulphides
– acrylic
polymers
– alkanes
C10-C13 (plasticiser)
– polyurethane
(not containing CFCs)
– polysiloxanes
– polymethyl
methacrylate
– polyvinyl
alcohol
– polyvinyl
butyral
– polyvinyl
acetate
· Cured
waste resins or condensation products including the following:
– urea
formaldehyde resins
– phenol
formaldehyde resins
– melamine
formaldehyde resins
– epoxy
resins
– alkyd
resins
– polyamides.
· The
following fluorinated polymer wastes(14)
– perfluoroethylene/propylene
(FEP)
– perfluoroalkoxy
alkane (PFA)
– perfluoroalkoxy
alkane (MFA)
– polyvinylfluoride
(PVF)
– polyvinylidenefluoride
(PVDF)
B3020 Paper,
paperboard and paper product wastes
The
following materials, provided they are not mixed with hazardous wastes:
Waste
and scrap of paper or paperboard of:
· unbleached
paper or paperboard or of corrugated paper or paperboard
· other
paper or paperboard, made mainly of bleached chemical pulp, not coloured in the
mass
· paper
or paperboard made mainly of mechanical pulp (for example, newspapers, journals
and similar printed matter)
· other,
including but not limited to 1) laminated paperboard 2) unsorted scrap.
B3030 Textile
wastes
The
following materials, provided they are not mixed with other wastes and are
prepared to a specification:
· Silk
waste (including cocoons unsuitable for reeling, yarn waste and garnetted
stock)
– not
carded or combed
– other
· Waste
of wool or of fine or coarse animal hair, including yarn waste but excluding
garnetted stock
– noils
of wool or of fine animal hair
– other
waste of wool or of fine animal hair
– waste
of coarse animal hair
· Cotton
waste (including yarn waste and garnetted stock)
– yarn
waste (including thread waste)
– garnetted
stock
– other
· Flax
tow and waste
· Tow
and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa
L.)
· Tow
and waste (including yarn waste and garnetted stock) of jute and other textile
bast fibres (excluding flax, true hemp and ramie)
· Tow
and waste (including yarn waste and garnetted stock) of sisal and other textile
fibres of the genus Agave
· Tow,
noils and waste (including yarn waste and garnetted stock) of coconut
· Tow,
noils and waste (including yarn waste and garnetted stock) of abaca (Manila
hemp or Musa textilis Nee)
· Tow,
noils and waste (including yarn waste and garnetted stock) of ramie and other
vegetable textile fibres, not elsewhere specified or included
· Waste
(including noils, yarn waste and garnetted stock) of man-made fibres
– of
synthetic fibres
– of
artificial fibres
· Worn
clothing and other worn textile articles
· Used
rags, scrap twine, cordage, rope and cables and worn out articles of twine,
cordage, rope or cables of textile materials
– sorted
– other
B3035 Waste textile floor
coverings, carpets
B3040 Rubber
wastes
The
following materials, provided they are not mixed with other wastes:
· Waste
and scrap of hard rubber (e.g., ebonite)
· Other
rubber wastes (excluding such wastes specified elsewhere)
B3050 Untreated
cork and wood waste:
· Wood
waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar
forms
· Cork
waste: crushed, granulated or ground cork
B3060 Wastes
arising from agro-food industries provided they are not infectious:
· Wine
lees
· Dried
and sterilized vegetable waste, residues and byproducts, whether or not in the
form of pellets, of a kind used in animal feeding, not elsewhere specified or
included
· Degras:
residues resulting from the treatment of fatty substances or animal or
vegetable waxes
· Waste
of bones and horn-cores, unworked, defatted, simply prepared (but not cut to
shape), treated with acid or degelatinised
· Fish
waste
· Cocoa
shells, husks, skins and other cocoa waste
· Other
wastes from the agro-food industry excluding by-products which meet national
and international requirements and standards for human or animal consumption
B3065 Waste edible fats and oils of
animal or vegetable origin (e.g. frying oils), provided they do not exhibit an
Annex III characteristic
B3070 The
following wastes:
· Waste
of human hair
· Waste
straw
· Deactivated
fungus mycelium from penicillin production to be used as animal feed
B3080 Waste
parings and scrap of rubber
B3090 Paring
and other wastes of leather or of composition leather not suitable for the
manufacture of leather articles, excluding leather sludges, not containing hexavalent
chromium compounds and biocides (note the related entry A3100 in Part 1 of
this Schedule)
B3100 Leather
dust, ash, sludges or flours not containing hexavalent chromium compounds or
biocides (note the related entry A3090 in Part 1 of this Schedule)
B3110 Fellmongery
wastes not containing hexavalent chromium compounds or biocides or infectious
substances (note the related entry A3110 in Part 1 of this Schedule)
B3120 Wastes
consisting of food dyes
B3130 Waste
polymer ethers and waste non-hazardous monomer ethers incapable of forming
peroxides
B3140 Waste
pneumatic tyres, excluding those destined for operations described in
Annex IVA of the Basel Convention
B4 Wastes
which may contain either inorganic or organic constituents
B4010 Wastes
consisting mainly of water-based/latex paints, inks and hardened varnishes not
containing organic solvents, heavy metals or biocides to an extent to render
them hazardous (note the related entry A4070 in Part 1 of this Schedule)
B4020 Wastes
from production, formulation and use of resins, latex, plasticizers,
glues/adhesives, not listed in Part 1 of this Schedule, free of solvents
and other contaminants to an extent that they do not exhibit Annex III
characteristics, e.g., water-based, or glues based on casein starch, dextrin,
cellulose ethers, polyvinyl alcohols (note the related entry A3050 in Part 1
of this Schedule)
B4030 Used
single-use cameras, with batteries not included in Part 1 of this Schedule
Footnotes
(1) Note that mirror entry in
Part 2 of this Schedule (B1160) does not specify exceptions.
(2) This entry does not
include scrap assemblies from electric power generation.
(3) PCBs are at a
concentration level of 50 mg/kg or more.
(4) The 50 mg/kg level is
considered to be an internationally practical level for all wastes. However,
many individual countries have established lower regulatory levels (e.g., 20 mg/kg)
for specific wastes.
(5) “Outdated”
means unused within the period recommended by the manufacturer.
(6) This entry does not
include wood treated with wood preserving chemicals.
(7) “Outdated”
means unused within the period recommended by the manufacturer.
(8) Note that even where low level
contamination with materials described in Section A of Part 1 of
Schedule 2 initially exists, subsequent processes, including recycling
processes, may result in separated fractions containing significantly enhanced
concentrations of those materials.
(9) The status of zinc ash is
currently under review and there is a recommendation with the United Nations
Conference on Trade and Development (UNCTAD) that zinc ashes should not be
dangerous goods.
(10) This entry does not include scrap from
electrical power generation.
(11) Reuse can include repair,
refurbishment or upgrading, but not major reassembly.
(12) In some countries these materials
destined for direct re-use are not considered wastes.
(13) It is understood that such scraps are
completely polymerized.
(14) – Post-consumer wastes are excluded from this entry
– Wastes
shall not be mixed
– Problems
arising from open-burning practices to be considered
Schedule 5
(Article 9(2),
(3), (4), (5), (6))
Wastes to which the OECD control procedures apply
Part 1[18]
List of wastes subject to
the Amber control procedure
Section A:
Wastes listed in Annexes
II and VIII of the Basel Convention.
For the purposes of this
Law:
(a) Any
reference to List B in Annex VIII of the Basel Convention shall be
understood as a reference to Part 2 of Schedule 4 to this Law.
(b) In
Basel entry A1010, the term “excluding such wastes specifically listed on
List B (Annex IX)” is a reference both to Basel entry B1020 and the
note on B1020 in Part 2 of Schedule 4 to this Law.
(c) Basel
entries A1180 and A2060 do not apply and the entries GC010, GC020 and GG040 in
Section B of Part 2 of this Schedule apply instead when appropriate.
(d) Basel
entry A4050 includes spent potlinings from aluminium smelting because they
contain Y33 inorganic cyanides. If the cyanides have been destroyed, spent
potlinings are assigned to entry AB120 in Section B of this Part of this
Schedule because they contain Y32, inorganic fluorine compounds excluding
calcium fluoride.
Section B:
The following wastes will
also be subject to the Amber control procedure:
Metal Bearing Wastes
AA010
|
261900
|
Dross, scalings and other wastes
from the manufacture of iron and steel*
|
AA060
|
262050
|
Vanadium ashes and residues
|
AA190
|
810420
ex 810430
|
Magnesium waste and scrap that
is flammable, pyrophoric or emits, upon contact with water, flammable gases
in dangerous quantities
|
* This listing includes wastes in the form of ash, residue, slag,
dross, skimming, scaling, dust, powder, sludge and cake, unless a material is
expressly listed elsewhere.
|
Wastes Containing Principally Inorganic
Constituents, Which May Contain Metals and Organic Materials
AB030
|
|
Wastes from non-cyanide based
systems which arise from surface treatment of metals
|
AB070
|
|
Sands used in foundry operations
|
AB120
|
ex 281290
ex 3824
|
Inorganic halide compounds, not
elsewhere specified or included
|
AB130
|
|
Used blasting grit
|
AB150
|
ex 382490
|
Unrefined calcium sulphite and
calcium sulphate from flue gas desulphurisation (FGD)
|
Wastes Containing Principally Organic
Constituents, Which May Contain Metals and Inorganic Materials
AC060
|
ex 381900
|
Hydraulic fluids
|
AC070
|
ex 381900
|
Brake fluids
|
AC080
|
ex 382000
|
Antifreeze fluids
|
AC150
|
|
Chlorofluorocarbons
|
AC160
|
|
Halons
|
AC170
|
ex 440310
|
Treated cork and wood wastes
|
AC250
|
|
Surface active agents
(surfactants)
|
AC260
|
ex 3101
|
Liquid pig manure; faeces
|
AC270
|
|
Sewage sludge
|
Wastes Which May Contain either
Inorganic or Organic Constituents
AD090
|
ex 382490
|
Wastes from production,
formulation and use of reprographic and photographic chemicals and materials
not elsewhere specified or included
|
AD100
|
|
Wastes from non-cyanide based
systems which arise from surface treatment of plastics
|
AD120
|
ex 391400
ex 3915
|
Ion exchange resins
|
AD150
|
|
Naturally occurring organic
material used as a filter medium (such as bio-filters)
|
Wastes Containing Principally Inorganic
Constituents, Which May Contain Metals and Organic Materials
RB020
|
ex 6815
|
Ceramic based fibres of
physico-chemical characteristics similar to those of asbestos
|
Part 2
List of wastes subject to
the Green control procedure
Regardless of whether or
not wastes are included on this list, they may not be subject to the Green
control procedure if they are contaminated by other materials to an extent that
(a) increases the risks associated with the wastes sufficiently to render them
appropriate for submission to the Amber control procedure, when taking into
account the criteria in Part 3 of this Schedule, or (b) prevents the
recovery of the wastes in an environmentally sound manner.
Section A:
Wastes listed in Annex IX
of the Basel Convention.
For the purposes of this
Decision:
(a) Any
reference to list A in Annex IX of the Basel Convention shall be
understood as a reference to Part 1 of Schedule 4 to this Law.
(b) In
Basel entry B1020 the term “bulk finished form” includes all
metallic non-dispersible* forms of the scrap listed therein.
(c) The
part of Basel entry B1100 that refers to “Slags from copper
processing” etc does not apply and entry GB040 in this Part of this
Schedule applies instead.
(d) Basel
entry B1110 does not apply and entries GC010 and GC020 in this Part of this
Schedule apply instead.
(e) Basel
entry B2050 does not apply and entry GG040 in this Part of this Schedule
applies instead.
(f) The
reference in Basel entry B3010 to fluorinated polymer wastes shall be deemed to
include polymers and co-polymers of fluorinated ethylene (PTFE).
Section B:
The following wastes will
also be subject to the Green control procedure:
Metal Bearing Wastes Arising from
Melting, Smelting and Refining of Metals
GB040
|
7112
262030
262090
|
Slags from precious metals and
copper processing for further refining
|
Other Wastes Containing Metals
GC010
|
|
Electrical assemblies consisting
only of metals or alloys.
|
GC020
|
|
Electronic scrap (e.g. printed
circuit boards, electronic components, wire, etc.) and reclaimed electronic components
suitable for base and precious metal recovery.
|
GC030
|
ex 890800
|
Vessels and other floating
structures for breaking up, properly emptied of any cargo and other materials
arising from the operation of the vessel which may have been classified as a
dangerous substance or waste
|
GC050
|
|
Spent Fluid Catalytic Cracking
(FCC) Catalysts (e.g.: aluminium oxide, zeolites)
|
Glass Waste in Non-dispersible Form
GE020
|
ex 7001
|
Glass Fibre Waste
|
|
ex 701939
|
|
Ceramic Wastes in Non-Dispersible Form
GF010
|
|
Ceramic wastes which have been
fired after shaping, including ceramic vessels (before and/or after use)
|
Other Wastes Containing Principally
Inorganic Constituents, Which May Contain Metals and Organic Materials
GG030
|
ex 2621
|
Bottom ash and slag tap from
coal fired power plants
|
GG040
|
ex 2621
|
Coal fired power plants fly ash
|
Solid Plastic Wastes
GH013
|
391530
|
Polymers of vinyl chloride
|
|
ex 390410-40
|
|
Wastes Arising from Tanning and
Fellmongery Operations and Leather Use
GN010
|
ex 050200
|
Waste of pigs’,
hogs’ or boars’ bristles and hair or of badger hair and other
brush making hair
|
GN020
|
ex 050300
|
Horsehair waste, whether or not
put up as a layer with or without supporting material
|
GN030
|
ex 050590
|
Waste of skins and other parts
of birds, with their feathers or down, of feathers and parts of feathers
(whether or not with trimmed edges) and down, not further worked than
cleaned, disinfected or treated for preservation
|
Part 3
Criteria for the OECD
risk-based approach
Section A Properties
1. Does
the waste normally exhibit any of the hazardous characteristics listed in Part 1
of this Schedule? Furthermore, it is useful to know if the waste is legally
defined as or considered to be a hazardous waste in one or more Member
countries.
2. Is
the waste typically contaminated?
3. What
is the physical state of the waste?
4. What
is the degree of difficulty of cleanup in the case of accidental spillage or
mismanagement?
5. What
is the economic value of the waste bearing in mind historical price
fluctuations?
Section B Management
6. Does
the technological capability to recover the waste exist?
7. Is
there a history of adverse environmental incidents arising from transboundary
movements of the waste or associated recovery operations?
8. Is
the waste routinely traded through established channels and is that evidenced
by commercial classification?
9. Is
the waste usually moved internationally under the terms of a valid contract or
chain of contracts?
10. What
is the extent of reuse and recovery of the waste and how is any portion
separated from the waste but not subject to recovery managed?
11. What
are the overall environmental benefits arising from the recovery operations?
Schedule 6
(Article 14(2))
Information that is to be made available to the public
1. Approved
codes of practice.
2. Copies
of –
(a) current waste management licences; and
(b) current
letters of registration as waste carriers,
and of supporting
documents that form part of those licences or letters of registration.
3. Copies
of applications for the grant, variation, transfer, revocation or surrender
of –
(a) waste
management licences; and
(b) letters
of registration as waste carriers,
and of supporting
documents that form part of those applications.
4. Information
obtained by the Minister under conditions of waste management licences.
5. Details
of the suspension and revocation of waste management licences and of
registration as waste carriers.
6. The
results of analyses of samples taken under this Law.
7. Copies
of notices served in accordance with Article 91.
8. Copies
of consignment notes received by the Minister under Part 3 and Part 4
of this Law.
9. The
results of civil and criminal proceedings instituted under this Law.
10. In
respect of certificates of confidentiality, the information to which Article 96
refers.
Schedule 7
(Article 14(6))
Information that need not be made available to the public
Any
information –
(a) affecting
the confidentiality of the deliberations of any public or parish authority;
(b) relating
to international relations, national defence or public security;
(c) relating
to matters that are under enquiry (whether or not the enquiry is of a
disciplinary nature) or to documents that are still in draft form or to any
internal communications of a public or parish authority;
(d) relating
to matters that are or have been the subject of legal or other proceedings
(whether actual or prospective) or to any investigations taken with a view to
such proceedings;
(e) relating
to matters to which commercial or industrial confidentiality attaches
(including matters of that character relating to intellectual property);
(f) relating
to matters to which domestic or personal confidentiality attaches;
(g) supplied
to the Minister by a person who was not under a legal obligation to do so;
(h) if
the Minister, reasonably, is not satisfied of the reliability of the
information;
(i) that
cannot be separated, for the purpose of making it available, from information
specified in any of paragraphs (a) to (h) (inclusive);
(j) if
the request for information is manifestly unreasonable or is formulated in too
general a manner; or
(k) in
the case of documents to which paragraph 9 of Schedule 6 refers, if
they are more than 5 years old.
Schedule 8
(Articles 49(1),
65(1), 69(1) and 71(1))
Control procedures for the movement of waste
Introduction[19]
1 This
Schedule sets out the standard control procedures for internal movements of
waste and transboundary movements of waste. These procedures require
that –
(a) prior notification of a proposed movement;
(b) all
necessary approvals for the proposed movement; and
(c) the
history of the actual movement itself,
are recorded on a
consignment note.
2 There
is a prescribed form of consignment note for internal movements, and there is
also a prescribed form of consignment note for transboundary movements.
3 A
consignment note for an internal movement or for the export of waste from
Jersey may only be obtained from the Minister, and a consignment note for any
other transboundary movement may only be obtained from the Minister or from the
appropriate competent authority of another country involved in the movement.
4 A
consignment note is issued in copies, so that the following steps can be taken
at the appropriate stages in the standard control procedures –
(a) At
each stage of the movement, the relevant part of each available copy of the
consignment note is completed and signed by the persons involved. Accordingly,
a requirement in a standard control procedure to “sign” any part of
a consignment note is a requirement to complete and sign that part of the note.
(b) One
copy each is retained by the Minister, the consignor and every carrier who
takes part in the movement.
(c) In
the case of a transboundary movement, one copy is also retained by each of the
overseas authorities to whom it must be sent.
(d) Two
copies are received by the consignee, on accepting delivery. The consignee is
then to return one of his or her copies, showing the full history of the
movement, to the authority by which the movement was approved. The consignee is
to retain the other copy, which must also show the full history of the
movement.
5 In
this Schedule, references to a consignment note are to a consignment note in
sufficient copies to enable the relevant standard control procedure to be complied
with.
6
(1) Any
consent that is given by the Minister in respect of an internal movement of
waste shall cease to have effect after the expiry of the following period of
time –
(a) if the consent relates
to a single consignment, the period of 30 days following the day on which
the Minister gives his or her consent or, if the Minister specifies a shorter
period in his or her consent, that shorter period; or
(b) if the consent relates
to repeated consignments, the period of 12 months following the day on
which the Minister gives his or her consent or, if the Minister specifies a
shorter period in his or her consent, that shorter period.
(2) Any
consent or agreement to proceed that is given or may be taken to have been
given by the Minister or by any other competent authority concerned, in respect
of a transboundary movement of waste to which the OECD Amber control procedure
applies, shall cease to have effect on the expiry of the following period of
time –
(a) if the consent or
agreement to proceed is given in writing –
(i) the
period of 12 months, or
(ii) such
other period not exceeding 3 years as may be agreed by the Minister and
any other competent authority concerned,
following
the date on which the competent authority of import has acknowledged receipt of
its copy of the consignment note; or
(b) if the consent or
agreement is tacit (i.e., where it may be assumed) the period of 12 months
following the date from which it may be taken to have been given.
Part 1
The standard control
procedure for internal movement
Procedure for prior notification of
internal movement
1 Notice of proposed
internal movement
Before the commencement
of an internal movement of hazardous waste or health care waste –
(a) the
consignor shall sign in respect of the movement the part of a consignment note
that relates to the prior notification of such a movement; and
(b) the
consignor shall deliver the consignment note, as so signed, to the Minister.
2 Notice of repeated
movements
(1) If
a consignor proposes to make repeated consignments of waste, the notification
under paragraph 1 may also relate to any of the other proposed movements that
are to be made within a period that is not longer than 12 months from the
date on which the Minister consents to the first movement.
(2) However,
a single notification of repeated consignments may only be made in respect of
waste that possesses the same physical and chemical characteristics, and the
consignments are by way of internal movement to the same consignee at the same
site and so as to be dealt with in the same way.
3 Action by Minister on
receiving notice of proposed movement
(1) When
the Minister receives a consignment note in accordance with paragraph 1,
the Minister shall within 5 working days take one of the following steps in
accordance with this Law –
(a) the
Minister shall return the consignment note to the consignor, endorsed with the
Minister’s unconditional consent to the movement or movements;
(b) the
Minister shall return the consignment note to the consignor, endorsed with the
Minister’s consent to the movement or movements upon conditions specified
in the endorsement;
(c) the
Minister shall return the consignment note to the consignor, endorsed with the
Minister’s refusal to consent to the movement or movements; or
(d) the Minister
shall by a notice in writing request the consignor to clarify the information
provided by the consignor, or request further information from the consignor,
to enable the Minister to decide whether or not to consent.
(2) If
the Minister returns the consignment note to the consignor, the Minister shall
himself or herself retain one copy of the note as endorsed by him or her.
4 Cases in which Minister
may withhold decision
(1) The
Minister may withhold his or her decision in respect of a movement as long as
the Minister reasonably requires clarification of any information given by the
consignor, or any more information from the consignor, in order to enable the
Minister to discharge his or her functions under this Law.
(2) For
the purposes of this paragraph, the Minister may from time to time by notice in
writing make further requests to the consignor for clarification or additional
information.
(3) However,
if –
(a) the
Minister obtains such clarification or additional information; or
(b) the
Minister does not reasonably require clarification or additional information,
the Minister shall then
within 5 working days take one of the steps specified in clauses (a), (b)
and (c) of paragraph 3(1).
5 Cases in which Minister
must refuse consent to movement
The Minister shall under
paragraph 3 refuse his or her consent to a movement that would be in
contravention of this Law.
6 Cases in which Minister
may refuse consent to movement
(1) The
Minister may under paragraph 3 refuse to consent to more than one movement
under a single notification made in accordance with paragraph 2.
(2) The
Minister may under paragraph 3 refuse to consent to a
movement –
(a) if
the Minister considers on reasonable grounds that the movement is unnecessary;
or
(b) if
the Minister considers on reasonable grounds that the movement is undesirable
because it would give rise to a serious risk of pollution.
(3) If
the Minister refuses to consent to a movement, but subsequently considers that
the reasons for his or her refusal no longer apply, the Minister may in
accordance with paragraph 3 consent to the movement unconditionally or
conditionally.
7 Cases in which Minister
must consent to movement
The Minister shall
consent under paragraph 3 to a movement unless –
(a) the
Minister is required under paragraph 5 to refuse his or her consent;
(b) the
Minister may under paragraph 6 refuse his or her consent; or
(c) the
Minister has under paragraph 3(1)(d) requested the clarification of
information, or additional information, and the Minister is entitled for the
time being under paragraph 4 to withhold his or her decision.
8 Conditions of consent
(1) The
Minister may consent under paragraph 3 on conditions relating to any of the
following matters –
(a) a
date and time at which a movement shall or shall not take place;
(b) a
route by which a movement shall or shall not be made;
(c) a
motor vehicle by which the waste shall or shall not be carried;
(d) a
manner in which the waste shall or shall not be packaged;
(e) the
separation of waste from any other waste or any other thing in the consignment;
and
(f) any
other conditions that are reasonable in the circumstances of the case.
(2) If
the Minister subsequently considers that the reasons for a condition no longer
apply, the Minister may revoke that condition.
(3) If
the Minister under sub-paragraph (2) revokes a condition –
(a) the
Minister shall notify the consignor in writing; and
(b) on
receipt of that notice, the consignor shall in writing immediately notify every
carrier who is either in possession of the waste or is still to take delivery
of the waste, and the consignee, that the condition has been revoked.
9 Effective date of consent
If the Minister consents under paragraph 3 (whether
unconditionally or conditionally) to a movement or movements, the Minister’s
consent shall come into effect on the expiry of the period of 3 working days
after it is given.
Procedure after notification
10 Duties of consignor and carrier on
collection of consignment for delivery
At the time when a
consignment in respect of which the Minister’s consent has been given
under paragraph 3 is collected by a carrier from the consignor –
(a) the
consignor and that carrier shall each sign the relevant part of the consignment
note;
(b) the
consignor shall retain a copy of the consignment note, as so signed, for the
period specified in Article 56; and
(c) the
consignor shall give the remaining copies (as so signed) to the carrier, who
shall retain them in accordance with the following requirements of the standard
control procedure.
11 Transfer of consignment between
carriers
If the consignment is to
be transferred from one carrier to another in the course of its delivery from
the consignor to the consignee –
(a) each
of the carriers shall, at the time when it is transferred, sign the relevant
part of the consignment note;
(b) the
transferring carrier shall retain a copy of the consignment note (as so signed)
for the period specified in Article 56; and
(c) the
transferring carrier shall give the remaining copies of the consignment note (as
so signed) to the other carrier, who shall retain them in accordance with the
following requirements of the standard control procedure.
12 Duties of carrier and consignee on
delivery
If the consignment is
delivered to and accepted by the consignee –
(a) the
carrier who delivers it and the consignee shall, at the time of delivery, each
sign the relevant part of the consignment note;
(b) the
carrier shall retain a copy of the consignment note, as so signed, for the
period specified in Article 56;
(c) the
carrier shall at that time give the remaining copies of the consignment note
(as so signed) to the consignee; and
(d) the
consignee shall deliver one of those copies of the consignment note to the
Minister within 3 working days, and retain the other copy for the period
specified in Article 56.
13 Duties of carrier, consignee and
consignor in event of non-delivery
(1) If
the consignment is not delivered to and accepted by the consignee –
(a) the
carrier by whom it is being carried;
(b) the
consignor; and
(c) the
consignee,
each have a general duty
to inform the Minister as soon as he or she becomes aware of the non-delivery
of the consignment, but the obligations in sub-paragraphs (2) and (4) are
in addition to that duty.
(2) If
the consignment is not delivered to and accepted by the consignee –
(a) the
carrier who is to deliver it to the consignee shall endorse on the consignment
note the fact that it has not been delivered; and
(b) the
carrier shall also endorse on the consignment note the date, time and place of
the refusal and the reasons (if any) given by the consignee for refusing, if
the consignment has not been delivered because the consignee has refused to
accept it.
(3) The
consignee may only refuse to accept delivery of the consignment on one or more
of the following grounds, namely –
(a) that
the consignee has not agreed with the consignor, or with any person for whom
the consignor is acting as an agent, to accept delivery of the consignment, and
the consignee is not legally bound to accept delivery;
(b) that
the delivery has been made in contravention of this Law;
(c) that
the delivery has been made outside the working hours of the site to which it
was to be made;
(d) that
the site does not at the time of delivery have sufficient available capacity for
the safe reception, storage or treatment of the consignment; or
(e) any
other ground that the Minister accepts as reasonable in the circumstances of
the case.
(4) If
the consignee refuses to accept delivery of the consignment –
(a) the
consignee shall immediately inform the carrier by whom the consignment is
delivered, and the consignor, and shall tell them the reasons for his or her
refusal; and
(b) the
consignee shall within 3 working days confirm in writing to the Minister, that
the consignee has refused acceptance of the consignment and the reasons for his
or her refusal.
14 Action after non-delivery
(1) If
the consignment is not delivered to and accepted by the consignee –
(a) the
carrier by whom it is being carried;
(b) the
consignor; and
(c) the consignee,
each have a duty to
co-operate with each other and the Minister, for the purpose of ensuring that
the consignment is returned to the consignor safely or, if the Minister under
Article 52 agrees or directs that the consignment shall be dealt with in
any other way, that it is so dealt with.
(2) Unless
the Minister agrees or directs that the consignment be dealt with in any other
way –
(a) the
carrier shall return it to the consignor;
(b) the
consignor shall accept the return of the consignment;
(c) the
consignor shall acknowledge receipt of the consignment on all of the copies of
the consignment note that the carrier has been required to retain, and shall
sign them, and the carrier shall countersign those copies;
(d) the
carrier shall give the consignor all of those copies of the consignment note
(as so signed and countersigned) except the carrier’s copy;
(e) the
consignor shall within 3 working days deliver one copy of the consignment note,
as so signed and countersigned, to the Minister; and
(f) the
consignor and the carrier shall retain their own remaining copies of the
consignment note for the period specified in Article 56.
Part 2[20]
The standard control
procedure for export
Procedure for prior notification of
transboundary movement
1 Notice of proposed export
(1) Before
the commencement of a transboundary movement for the export of waste, the
consignor shall sign in respect of the movement the part of a consignment note
that relates to the prior notification of such a movement.
(2) If
the Minister has not decided in accordance with Article 66 to undertake
himself or herself the transmission of the documents of prior notification of
consignments of that class or type to countries of destination, the consignor
shall deliver copies of the consignment note (as so signed) to the following
persons before the commencement of the movement, namely –
(a) the
Minister;
(b) the
competent authority of the country of destination;
(c) the
competent authority of each country of transit;
(d) the
consignee; and
(e) if the
movement is one that is described in sub-paragraph (3), the competent
authority of the country from which it was exported to Jersey.
(3) The
movements to which sub-paragraph (2)(e) refers are –
(a) a
movement to which the OECD Amber control procedure applies, where the waste has
been imported into Jersey for recovery but cannot be recovered in Jersey in
accordance with the contract and the consignment note in respect of that
import, and is to be re-exported to a country other than that from which it was
imported into Jersey; and
(b) a
movement to which the OECD Amber control procedure applies, where the waste has
been imported into Jersey for a recovery operation described in item R12 or
item R13 of Part 2 of Schedule 1, and is to be re-exported for recovery
in an operation described in any of items R1 to R11 (inclusive) of that Part of
that Schedule to a country other than that from which it was imported into
Jersey.
(4) If
the Minister has decided in accordance with Article 66 to undertake the
onward transmission of the documents, the consignor shall instead deliver all
of the copies to which sub-paragraph (2) refers to the Minister.
2 Acknowledgement of receipt
of consignment note
(1) Within
the appropriate time limit in sub-paragraph (2) or sub-paragraph (3),
the Minister shall send to –
(a) the
consignor; and
(b) each
other competent authority or person to whom the consignor is required by
paragraph 1(2) to deliver a copy of the consignment note,
an acknowledgement in
writing that the Minister has received the consignment note.
(2) If
the movement is one to which the OECD Amber control procedure applies, the time
limit to which sub-paragraph (1) refers is the expiry of the period of 3
working days following the date on which the notification is completed, that is
to say, the date by which the completed consignment note and all other
information that the Minister may require under paragraph 3 have been
provided to the Minister.
(3) In
any other case, the time limit to which sub-paragraph (1) refers is the
expiry of the period of 3 working days following the date on which the
consignment note is delivered to the Minister.
3 Further information
If at any time the
Minister reasonably requires –
(a) the
clarification of any information given by the consignor; or
(b) more
information regarding the proposed export,
in order to enable the
Minister to discharge his or her functions properly under this Law, the
Minister may require the consignor to provide that clarification or information
before the Minister proceeds to deal further with the matter.
4 Cases in which the
Minister must object to the movement
(1) The
Minister shall object to the movement –
(a) if,
in any case, the part of the consignment note relating to the prior
notification of the proposed export is in any material way unclear, incomplete
or incorrect;
(b) if,
in any case, the Minister is not satisfied that the movement would comply with
this Law;
(c) if,
in any case, the Minister has reason to believe that the site to which it is
proposed to consign the waste in the country of destination is inappropriate
for that waste; or
(d) if
the export is for disposal, and the Minister considers that the waste can be
disposed of within Jersey in a manner that is effective and environmentally
sound.
(2) However,
the Minister’s duty to object to a movement on the ground set out in
sub-paragraph (1)(a) is subject to his or her discretion under
paragraph 3 to require the consignor to provide additional information.
5 Cases in which the
Minister may object to the movement
The Minister may object
to the movement –
(a) if,
in any case, the movement would contravene a national law relating to
environmental protection, health protection, public safety or public order;
(b) if,
in any case, the consignor or consignee has previously been guilty of illegal
trafficking;
(c) if,
in any case, the movement would conflict with an obligation arising from an
international agreement by which any of the countries concerned is bound;
(d) if,
in the case of a movement for disposal, the Minister considers that he or she
should object to the movement in order to implement any of the principles of
proximity, priority for recovery and self-sufficiency to which Article 11
of the European Community Regulation refers, in accordance with the Waste
Framework Directive;
(e) if,
in the case of a movement for disposal, the movement would contravene a waste
management plan of any country concerned; or
(f) if,
in the case of a movement for recovery and having regard to the ratio of the
waste that will be recovered to that which will not, the estimated value of the
materials to be recovered and the costs of the recovery and of the portion of
the waste that is not recovered, the recovery is not economically and
environmentally justified.
6 Cases in which the
Minister must agree to the movement
(1) If
the Minister does not have an objection under paragraph 4 or paragraph 5
to the movement, the Minister shall agree to the movement.
(2) If
the Minister agrees to the movement, he or she may do so either unconditionally
or on such conditions as he or she specifies.
7 Cases in which agreement
to the movement may be assumed
(1) If –
(a) the
movement is one to which the OECD Amber control procedure applies;
(b) the
Minister has in writing acknowledged, to the competent authority of the country
of destination, receipt of the Minister’s copy of the consignment note;
and
(c) the
Minister has not, within 30 days after so acknowledging receipt, objected
to the movement,
the Minister may be taken
to agree unconditionally to the movement.
(2) If
the movement is not one to which the OECD Amber control movement applies, and
the Minister is the appropriate competent authority to issue to the consignor
an authorization to proceed, the Minister may assume that the competent
authority of a country of transit agrees unconditionally to the movement
if –
(a) the
country of transit is bound by the Basel Convention, and has previously
indicated that the consent of its competent authority may be presumed if no
objection has been received from it within 60 days after it receives its copy
of the consignment note;
(b) that
competent authority has in writing acknowledged receipt of that copy; and
(c) no
such objection has been received.
8 Action by Minister if
Minister objects to the movement
(1) This
paragraph applies in every case in which the Minister objects under
paragraph 4 or paragraph 5 to the movement.
(2) If
the Minister has not decided in accordance with Article 66 to undertake
the onward transmission of the documents, the Minister shall in writing within
the appropriate time limit in sub-paragraph (4) notify –
(a) the
consignor;
(b) each
other competent authority concerned; and
(c) the
consignee,
that the Minister objects
to the movement.
(3) If
the Minister has decided in accordance with Article 66 to undertake the
onward transmission of the documents –
(a) the
Minister shall in writing, within the appropriate time limit in sub-paragraph (4),
notify the consignor that the Minister objects to the movement; and
(b) having
notified the consignor, the Minister need not take any further action in the
matter.
(4) The
time limits to which sub-paragraphs (2) and (3) refer are –
(a) the
expiry of the period of 30 days following the date on which the competent
authority of the country of destination acknowledges receipt of the consignment
note, if the movement is one to which the OECD Amber control procedure applies;
(b) the
expiry of the period of 20 days following the date on which the
Minister acknowledges receipt of the consignment note, if the movement is not
one to which the OECD Amber control movement applies, the country of
destination is the United Kingdom, or a member State of the European Union, and
the Minister is not the appropriate competent authority to issue to the consignor
an authorization to proceed;
(c) the
expiry of the period of 30 days following the date on which the Minister
acknowledges receipt of the consignment note, if the movement is one to which
the OECD Amber control procedure applies, the country of destination is the
United Kingdom, or a member State of the European Union, and the Minister is
the appropriate competent authority to issue to the consignor an authorization
to proceed; and
(d) the
expiry of the period of 60 days following the date on which the Minister
receives the consignment note, in any other case.
(5) In
every case, the notification shall state the Minister’s reasons for the
objection.
9 Written notification of
the Minister’s agreement to an OECD Amber control procedure movement
(1) If –
(a) the
movement is one to which the OECD Amber control procedure applies; and
(b) the
Minister agrees unconditionally or conditionally to the movement,
the Minister may in
writing, within the time limit in sub-paragraph (2), notify the
consignor and the competent authority of the country of destination that the
Minister so agrees.
(2) The
time limit to which sub-paragraph (1) refers is the expiry of the period
of 30 days following the date on which the competent authority of the
country of destination acknowledges receipt of the consignment note.
(3) Sub-paragraph (1)
is without prejudice to paragraph 7(1) (which relates to cases in which
the Minister’s agreement may be assumed).
10 Notification of the Minister’s
agreement to a UK or EU movement
(1) If –
(a) the
movement is not one to which the OECD Amber control movement applies;
(b) the
country of destination is the United Kingdom or a member State of the European
Union; and
(c) the
Minister agrees unconditionally or conditionally to the movement,
the Minister shall in
writing, within the appropriate time limit in sub-paragraph (2), notify
the consignor and the competent authority of the country of destination that
the Minister so agrees.
(2) The
time limits to which sub-paragraph (1) refers are –
(a) the
expiry of the period of 20 days following the date on which the Minister
receives the consignment note, if the Minister is not the appropriate competent
authority to issue to the consignor an authorization to proceed; and
(b) the
expiry of the period of 30 days following the date on which the Minister
receives the consignment note, if the Minister is the appropriate competent
authority to issue to the consignor an authorization to proceed.
11 Notification of the Minister’s
agreement to any other movement
(1) If –
(a) the
movement is not one to which the OECD Amber control movement applies;
(b) the
country of destination is neither the United Kingdom nor a member State of the
European Union; and
(c) the
Minister agrees unconditionally or conditionally to the movement,
the Minister shall in
writing, within the appropriate time limit in sub-paragraph (2), notify
the consignor and the competent authority of the country of destination that
the Minister so agrees.
(2) The
time limits to which sub-paragraph (1) refers are –
(a) the
expiry of the period of 60 days following the date on which the Minister
receives the consignment note, if the Minister is not the appropriate competent
authority to issue to the consignor an authorization to proceed; and
(b) the
expiry of the period of 70 days following the date on which the Minister
receives the consignment note, if the Minister is the appropriate competent
authority to issue to the consignor an authorization to proceed.
12 Action by the Minister if the Minister
is the appropriate authority to issue an authorization to proceed
(1) This
paragraph applies only if the case is not one to which the OECD Amber control
movement applies, and if the Minister is the appropriate competent authority to
issue to the consignor an authorization to proceed.
(2) If
the Minister does not object to the movement under paragraph 4 or
paragraph 5, the Minister shall issue an authorization to proceed if (but
only if) –
(a) the
Minister is in possession of written evidence that the competent authority of
the country of destination has agreed to the movement;
(b) where
the movement will involve a country of transit, the Minister is in
possession of written evidence that the competent authority of that country has
agreed to the movement through that country; and
(c) where
any competent authority has agreed conditionally to the movement, the Minister
is satisfied that, as far as it is within the Minister’s power to ensure
compliance, those conditions have been or will be fulfilled.
(3) The
requirement in sub-paragraph (2) that the Minister must be in possession
of the written evidence to which sub-paragraph (2)(b) refers is without
prejudice to paragraph 7(2) (which relate to cases in which the agreement
of competent authorities of transit may be assumed).
(4) The
authorization to proceed shall show on its face –
(a) that
the requirements of sub-paragraph (2) have been complied with; and
(b) if
the agreement of any competent authority of transit has been assumed under
paragraph 7(2), that such agreement has been so assumed.
(5) The
Minister shall –
(a) issue
the authorization to proceed to the consignor; and
(b) notify
each other competent authority concerned that he or she has done so,
before the expiry of the
period of 70 days following the date on which the Minister receives the
consignment note.
13 Review of decisions
(1) The
Minister may review and withdraw an objection, or a condition imposed by the
Minister, if it is shown that the reasons for the objection or condition are
incorrect or insufficient, or that they no longer apply.
(2) If
the Minister withdraws an objection or condition, he or she shall in writing
notify each person to whom he or she was required to give notice of the
objection or condition.
Procedure after notification
14 Cases in which the movement may
proceed
(1) If
the movement is one to which the OECD Amber control procedure applies, the
consignor may commence the transboundary movement for the export of the waste
if (but only if) –
(a) the
Minister;
(b) the
competent authority of the country of destination; and
(c) the
competent authority of each country of transit,
all agree or may be taken
to agree to the movement.
(2) If
the movement is not one to which the OECD Amber control procedure applies, the
consignor may commence the movement if (but only if) –
(a) the
Minister and the competent authorities of the country of destination and each
country of transit all agree or may be taken to agree to the movement; and
(b) the
appropriate competent authority has issued to the consignor an authorization to
proceed.
(3) For
the purposes of this paragraph, “the appropriate competent
authority” means –
(a) the
competent authority of the country of destination, if the Minister and that
competent authority have agreed that the latter shall issue to the consignor an
authorization to proceed;
(b) the
Minister, if the Minister and that competent authority have agreed that the
Minister shall issue to the consignor an authorization to proceed; or
(c) the
Minister, if the Minister and that competent authority have not agreed which of
them shall issue to the consignor an authorization to proceed.
15 Compliance with conditions
If the Minister has
agreed to the movement on conditions, the movement may only proceed in
accordance with those conditions.
16 Record of the movement
(1) The
consignor shall not commence the movement unless, at least 3 working days
before the consignment is shipped –
(a) the
consignor signs the part of the consignment note that relates to notification
of commencement of the movement (including the completion of the date on which
the consignment is dispatched for shipment); and
(b) the
consignor sends copies of the consignment note (as so signed) to the Minister
and to the competent authority of each other country concerned.
(2) On
making the shipment –
(a) the
consignor and the carrier to whom he or she delivers the consignment shall sign
the relevant part of the consignment note (as so signed);
(b) the
consignor shall retain one copy of the consignment note (as so signed); and
(c) the
consignor shall hand to the carrier the other copies of the consignment note
(as so signed).
(3) If
the carrier or any subsequent carrier delivers the consignment to any other
carrier within Jersey –
(a) both
carriers shall sign the relevant part of the consignment note;
(b) the
carrier transferring the consignment shall retain one copy of the consignment
note (as so signed); and
(c) the
carrier transferring the consignment shall hand to the other carrier the other
copies of the consignment note (as so signed).
(4) The
last carrier by whom the consignment is carried within Jersey shall retain one
copy of the consignment note.
17 Retention of documents
The consignor, and each
carrier by whom the consignment is carried within Jersey, shall retain their
copies of the consignment note for the period of 3 years
following –
(a) the
date on which the consignment is delivered to the consignee; or
(b) if
such delivery is not completed, the date on which it becomes apparent that it
will not be completed.
Part 3[21]
The standard control
procedure for import
Procedure for prior notification of import
1 Notice of proposed import
Before the commencement
of a transboundary movement for the importing of waste into Jersey –
(a) the
consignor must have signed in respect of the movement the part of a consignment
note that relates to the prior notification of a proposed export of waste from
the country of dispatch; and
(b) the
consignment note (as so signed) must have been delivered to the Minister
(either directly by the consignor or, if the competent authority of the country
of dispatch has decided to undertake itself the transmission of the documents
of prior notification of consignments of that class or type to countries of
destination, by that competent authority).
2 Acknowledgement of receipt
of consignment note
(1) Within
the appropriate time limit in sub-paragraph (2) or sub-paragraph (3),
the Minister shall send to –
(a) the
consignor;
(b) the
competent authority of the country of dispatch;
(c) if
the importing of the waste into Jersey will involve movement through a country
of transit, the competent authority of that country; and
(d) the
consignee,
an acknowledgement in
writing that the Minister has received the consignment note.
(2) If
the transboundary movement of waste is one to which the OECD Amber control
procedure applies, the time limit to which sub-paragraph (1) refers is the
expiry of the period of 3 working days following the date on which the
notification is completed, that is to say, the date by which the completed
consignment note and all other information that the Minister may require under
paragraph 3 have been provided to the Minister.
(3) In
any other case, the time limit to which sub-paragraph (1) refers is the
expiry of the period of 3 working days following the date on which the
consignment note is delivered to the Minister.
3 Further information
If at any time the
Minister reasonably requires –
(a) the
clarification of any information given by the consignor; or
(b) more
information regarding the proposed import,
in order to enable the
Minister to discharge his or her functions properly under this Law, the
Minister may require the consignor to provide that clarification or information
before the Minister proceeds to deal further with the matter.
4 Cases in which Minister
must object to the movement
(1) The
Minister shall object to the movement –
(a) if,
in any case, the part of the consignment note relating to the prior
notification of the proposed import is in any material way unclear, incomplete
or incorrect;
(b) if,
in any case, the Minister is not satisfied that the movement would comply with
this Law;
(c) if,
in any case, the operator of the site to which it is proposed to consign the
waste within Jersey is required to have but does not have a waste management
licence, authorizing disposal or recovery (as the case may be) of the waste at
that site;
(d) if,
in any case in which the operator is not required to have such a licence, the
Minister nevertheless considers that the site is inappropriate for the disposal
or recovery, as the case may be, of the waste; or
(e) if
the import is for disposal, and the Minister considers that the waste can be
disposed of within the country of dispatch in a manner that is effective and
environmentally sound.
(2) However,
the Minister’s duty to object to a movement on the ground set out in
sub-paragraph (1)(a) is subject to his or her discretion under
paragraph 3 to require the consignor to provide additional information.
5 Cases in which Minister
may object to the movement
The Minister may object
to the movement –
(a) if,
in any case, the movement would be in contravention of a national law relating
to environmental protection, health protection, public safety or public order;
(b) if,
in any case, the consignor or consignee has previously been guilty of illegal
trafficking;
(c) if,
in any case, the movement would conflict with an obligation arising from an
international agreement by which any of the countries concerned is bound;
(d) if,
in any case, the capacity of the facility at the site to which it is proposed
to consign the waste in Jersey is such that its acceptance of the waste might
prejudice the ability of the facility to accept and deal with wastes, from
locations within Jersey, that the Minister considers should have priority of
treatment;
(e) if,
in the case of a movement for disposal, the Minister considers that he or she
should object to the movement in order to implement any of the principles of
proximity, priority for recovery and self-sufficiency to which Article 11
of the European Community Regulation refers, in accordance with the Waste
Framework Directive;
(f) if,
in the case of a movement for disposal, the movement would contravene a waste
management plan of any country concerned; or
(g) if,
in the case of a movement for recovery and having regard to the ratio of the
waste that will be recovered to that which will not, the estimated value of the
materials to be recovered and the costs of the recovery and of the portion of
the waste that is not recovered, the recovery is not economically and
environmentally justified.
6 Cases in which the
Minister must agree to the movement
(1) If
the Minister does not have an objection under paragraph 4 or
paragraph 5 to the movement, the Minister shall agree to the movement.
(2) If
the Minister agrees to the movement, the Minister may do so either
unconditionally or on such conditions as he or she specifies.
7 Cases in which agreement
to the movement may be assumed
(1) If –
(a) the
movement is one to which the OECD Amber control procedure applies;
(b) the
Minister has in writing acknowledged, to the competent authority of the country
of dispatch, receipt of the Minister’s copy of the consignment note; and
(c) the
Minister has not, within 30 days after so acknowledging receipt, objected
to the movement,
the Minister may be taken
to agree unconditionally to the movement.
(2) If
the movement is not one to which the OECD Amber control movement applies, and
the Minister is the appropriate competent authority to issue to the consignor
an authorization to proceed, the Minister may assume that the competent
authority of a country of transit agrees unconditionally to the movement
if –
(a) the
country of transit is bound by the Basel Convention, and has previously indicated
that the consent of its competent authority may be presumed if no objection has
been received from it within 60 days after it receives its copy of the
consignment note;
(b) that
competent authority has in writing acknowledged receipt of that copy;
(c) no
such objection has been received.
8 Action by Minister if the
Minister objects to the movement
(1) This
paragraph applies in every case in which the Minister objects under
paragraph 4 or paragraph 5 to the movement.
(2) The
Minister shall in writing, within the appropriate time limit in sub-paragraph (3),
notify –
(a) the
consignor;
(b) each
other competent authority concerned; and
(c) the
consignee,
that the Minister objects
to the movement.
(3) The
time limits to which sub-paragraph (2) refers are –
(a) the
expiry of the period of 30 days following the date on which the Minister
acknowledges receipt of the consignment note, if the movement is one to which
the OECD Amber control procedure applies;
(b) the
expiry of the period of 20 days following the date on which the
Minister acknowledges receipt of the consignment note, if the movement is not
one to which the OECD Amber control movement applies, the country of dispatch is
the United Kingdom, or a member State of the European Union, and the Minister is
not the appropriate competent authority to issue to the consignor an
authorization to proceed;
(c) the
expiry of the period of 30 days following the date on which the Minister
acknowledges receipt of the consignment note, if the movement is one to which
the OECD Amber control procedure applies, the country of dispatch is the United
Kingdom, or a member State of the European Union, and the Minister is the
appropriate competent authority to issue to the consignor an authorization to
proceed; and
(d) the
expiry of the period of 60 days following the date on which the Minister
receives the consignment note, in any other case.
(5) In
every case, the notification shall state the Minister’s reasons for the
objection.
9 Written notification of
the Minister’s agreement to an OECD Amber control procedure movement
(1) If –
(a) the
movement is one to which the OECD Amber control procedure applies; and
(b) the
Minister agrees unconditionally or conditionally to the movement,
the Minister may in
writing, within the time limit in sub-paragraph (2), notify the
consignor and the competent authority of the country of dispatch that he or she
so agrees.
(2) The
time limit to which sub-paragraph (1) refers is the expiry of the period
of 30 days following the date on which the Minister acknowledges receipt
of the consignment note.
(3) Sub-paragraph (1)
is without prejudice to paragraph 7(1) (which relates to cases in which
the Minister’s agreement may be assumed).
10 Notification of the Minister’s
agreement to a UK or EU movement
(1) If –
(a) the
movement is not one to which the OECD Amber control movement applies;
(b) the
country of dispatch is the United Kingdom or a member State of the European
Union; and
(c) the
Minister agrees unconditionally or conditionally to the movement,
the Minister shall in
writing, within the appropriate time limit in sub-paragraph (2), notify
the consignor and the competent authority of the country of dispatch that he or
she so agrees.
(2) The
time limits to which sub-paragraph (1) refers are –
(a) the
expiry of the period of 20 days following the date on which the
Minister receives the consignment note, if the Minister is not the appropriate
competent authority to issue to the consignor an authorization to proceed; and
(b) the
expiry of the period of 30 days following the date on which the Minister
receives the consignment note, if the Minister is the appropriate competent
authority to issue to the consignor an authorization to proceed.
11 Notification of the Minister’s
agreement to any other movement
(1) If –
(a) the
movement is not one to which the OECD Amber control movement applies;
(b) the
country of dispatch is neither the United Kingdom nor a member State of the
European Union; and
(c) the
Minister agrees unconditionally or conditionally to the movement,
the Minister shall in
writing, within the appropriate time limit in sub-paragraph (2), notify
the consignor and the competent authority of the country of dispatch that the
Minister so agrees.
(2) The
time limits to which sub-paragraph (1) refers are –
(a) the
expiry of the period of 60 days following the date on which the Minister
receives the consignment note, if the Minister is not the appropriate competent
authority to issue to the consignor an authorization to proceed; and
(b) the
expiry of the period of 70 days following the date on which the Minister
receives the consignment note, if the Minister is the appropriate competent
authority to issue to the consignor an authorization to proceed.
12 Action by the Minister if the Minister
is the appropriate authority to issue an authorization to proceed
(1) This
paragraph applies only if the case is not one to which the OECD Amber control
procedure applies, and if the Minister is the appropriate competent authority
to issue to the consignor an authorization to proceed.
(2) If
the Minister does not object to the movement under paragraph 4 or
paragraph 5, the Minister shall issue an authorization to proceed if (but
only if) –
(a) the
Minister is in possession of written evidence that the competent authority of
the country of dispatch has agreed to the movement;
(b) where
the movement will involve a country of transit, the Minister is in
possession of written evidence that the competent authority of that country has
agreed to the movement through that country; and
(c) where
any competent authority has agreed conditionally to the movement, the Minister
is satisfied that, as far as it is within the Minister’s power to ensure
compliance, those conditions have been or will be fulfilled.
(3) The
requirement in sub-paragraph (2) that the Minister must be in possession
of the written evidence is without prejudice to paragraph 7(2) (which
relate to cases in which the agreement of competent authorities of transit may
be assumed).
(4) The
authorization to proceed shall show on its face –
(a) that
the requirements of sub-paragraph (2) have been complied with; and
(b) if
the agreement of any competent authority of transit has been assumed under
paragraph 7(2), that such agreement has been so assumed.
(5) The
Minister shall –
(a) issue
the authorization to proceed to the consignor; and
(b) notify
each other competent authority concerned that he or she has done so,
before the expiry of the
period of 70 days following the date on which the Minister receives the
consignment note.
13 Review of decisions
(1) The
Minister may review and withdraw an objection, or a condition imposed by it, if
it is shown that the reasons for the objection or condition are incorrect or
insufficient, or that they no longer apply.
(2) If
the Minister withdraws an objection or condition, the Minister shall in writing
notify each person to whom he or she was required to give notice of the
objection or condition.
Procedure after notification
14 Cases in which the movement may
proceed
(1) If
the movement is one to which the OECD Amber control procedure applies, the
importing of the waste into Jersey may commence if (but only if) –
(a) the
Minister;
(b) the
competent authority of the country of dispatch; and
(c) the
competent authority of each country of transit,
all agree or may be taken
to agree to the movement of the waste from the country of dispatch to Jersey.
(2) If
the movement is not one to which the OECD Amber control procedure applies, the
importing of the waste into Jersey may commence if (but only if) –
(a) the
Minister and the competent authorities of the country of dispatch and each
country of transit all agree or may be taken to agree to the movement of the
waste from the country of dispatch to Jersey; and
(b) the
appropriate competent authority has issued to the consignor an authorization to
proceed.
(3) For
the purposes of this paragraph, “the appropriate competent
authority” means –
(a) the
competent authority of the country of dispatch, if the Minister and that
competent authority have agreed that the latter shall issue to the consignor an
authorization to proceed;
(b) the
Minister, if the Minister and that competent authority have agreed that the
Minister shall issue to the consignor an authorization to proceed; or
(c) the
Minister, if the Minister and that competent authority have not agreed which of
them shall issue to the consignor an authorization to proceed.
15 Compliance with conditions
If the Minister has
agreed to the movement on conditions, the movement may only proceed in accordance
with those conditions.
16 Record of movement before delivery
(1) The
waste shall not be imported into Jersey unless, at least 3 working days
before the consignment is shipped in the country of dispatch –
(a) the
consignor has signed the part of a copy of the consignment note that relates to
notification of commencement of the consigning of the waste (including the date
on which the consignment is dispatched for shipment); and
(b) the
consignor has delivered a copy of the consignment note (as so signed) to the
Minister.
(2) At
the time when the waste is imported into Jersey –
(a) the
person by whom it is being carried must be in possession of the consignment
note (other than those copies that have already been given to any other person
or authority in accordance with a standard control procedure); and
(b) the
consignment note must have been signed by every person who has had possession
of the consignment in the course of the movement to the point of its
importation, so has to show in accordance with the relevant parts of the note
the record of the movement to that point.
(3) If
the person by whom the waste is being carried at the time when it is imported
into Jersey or any subsequent carrier within Jersey delivers the consignment to
any other carrier within Jersey before it is delivered to and accepted by the
consignee –
(a) both
carriers shall sign the consignment note;
(b) the
carrier transferring the consignment shall retain one copy of the consignment
note (as so signed); and
(c) the
carrier transferring the consignment shall hand to the other carrier the other
copies of the consignment note (as so signed).
17 Action on delivery of consignment
On the delivery of the
consignment to the consignee –
(a) the
consignee and the carrier making the delivery shall each sign the consignment
note;
(b) the
carrier shall retain a copy of the consignment note, as so signed; and
(c) the
carrier shall give the other copies of the consignment note, as so signed, to
the consignee.
18 Duties of consignee after delivery
(1) Within
3 working days after the delivery of the consignment, the consignee shall
deliver copies of the consignment note, as so signed, to –
(a) the
Minister;
(b) the
consignor; and
(c) each
other competent authority concerned.
(2) In
any of the following circumstances, namely –
(a) if
the consignment is not delivered within a reasonable time after the expected
date of delivery;
(b) if
the consignee becomes aware at any time before the disposal or recovery by the
consignee of the waste of the possibility of a failure of delivery or loss of
or damage to the consignment;
(c) if
the consignee has reason to believe at any time before the disposal or recovery
of the waste by the consignee that the consignment is in any material way
inconsistent with the information in the consignment note or with any other
delivery of waste under the same authorization; or
(d) if
the consignee, after the consignment is delivered to the consignee, is unable
to dispose of or recover it,
the consignee shall
immediately inform the Minister in writing.
(3) If
the waste is disposed of or recovered, the consignee shall deliver to the
Minister and each other competent authority concerned, within the
appropriate time limit in sub-paragraph (5), a certificate confirming that
it has been disposed of or recovered.
(4) If –
(a) the
transboundary movement of the waste is one to which the OECD Amber control
procedure applies;
(b) the
recovery operation is one described in any of items R1 to R11 (inclusive) of
Part 2 of Schedule 1; and
(c) the
consignee has received the waste directly or indirectly from a recovery
operation described in item R12 or item R13 of Part 2 of Schedule 1
in a country other than the country of dispatch or Jersey,
the consignee shall also
deliver a certificate, confirming that it has been disposed of or recovered, to
the operator of that other recovery operation within the appropriate time limit
in sub-paragraph (5).
(5) The
appropriate time limit to which sub-paragraphs (3) and (4) refer
is –
(a) as
soon as possible, but in any case within one year after the consignment is
delivered to the consignee, if the case is one to which sub-paragraph (4)
refers;
(b) within
30 days after completion of the consignee’s recovery operation but
in any case within one year after the consignment is delivered to the
consignee, if the transboundary movement of the waste is one to which the OECD
Amber control procedure applies and clause (a) does not apply;
(c) as
soon as possible, but in any case within 30 days after completion of the
consignee’s recovery operation and in any case within 350 days after the
consignment is delivered to the consignee, if the transboundary movement of the
waste is one to which the OECD Amber control procedure applies, the recovery
operation is one described in item R12 or item R13 of Part 2 of Schedule 1
and neither of clauses (a) and (b) applies; and
(d) within 180 days
after the consignment is delivered to the consignee, in any other case.
(6) In
this paragraph, “each other competent authority concerned”
means –
(a) the
authorities specified in clauses (b) and (c) of paragraph 2(1); and
(b) if
the transboundary movement of the waste is one to which the OECD Amber control
procedure applies, and the consignee has received the waste for the purposes of
a recovery operation described in item R12 or item R13 of Part 2 of
Schedule 1, and the waste is eventually to be recovered in an operation
described in any of items R1 to R11 (inclusive) of that Part of that Schedule
in a country other than the country of dispatch or Jersey, the competent
authority of destination of that other country.
19 Additional duties of consignee for
exchange or accumulation of wastes
If a consignee to whom
paragraph 18(6)(b) refers receives from the operator by whom the waste is
eventually to be recovered in an operation described in any of items R1 to R11
(inclusive) of Part 2 of Schedule 1 a certificate that the waste has
been so recovered, the consignee shall deliver the certificate to the Minister
and each other competent authority concerned as soon as possible but in any
case within one year after the consignee has delivered the waste to that
operator.
20 Retention of documents
(1) The
consignee, and each carrier by whom the consignment is carried within Jersey,
shall retain their copies of the consignment note for the period of 3 years
following –
(a) the
date on which the consignment is delivered to the consignee; or
(b) if
such delivery is not completed, the date on which it becomes apparent that it
will not be completed.
Part 4[22]
The standard control
procedure for transit
Procedure for prior notification of
movement in transit
1 Notice of proposed
movement in transit
Before the commencement
of a transboundary movement of waste in transit through Jersey, the consignor
or the competent authority of the country of dispatch must have sent to the
Minister a consignment note of which the part that relates to the prior
notification of an export has been signed in respect of the waste.
2 Acknowledgement of receipt
of consignment note
(1) Within
the appropriate time limit in sub-paragraph (2) or sub-paragraph (3),
the Minister shall send to –
(a) the
consignor;
(b) the
competent authority of the country of dispatch;
(c) if
the transboundary movement will involve any other country of transit, the
competent authority of that country;
(d) the
competent authority of the country of destination; and
(e) the
consignee,
an acknowledgement in
writing that the Minister has received the consignment note.
(2) If
the transboundary movement of waste is one to which the OECD Amber control
procedure applies, the appropriate time limit to which sub-paragraph (1)
refers is the expiry of the period of 3 working days following the date on
which the notification is completed, that is to say, the date by which the completed
consignment note and all other information that the Minister may require under
paragraph 3 have been provided to the Minister.
(3) In
any other case, the appropriate time limit to which sub-paragraph (1)
refers is the expiry of the period of 3 working days following the date on
which the consignment note is delivered to the Minister.
3 Further information
If at any time the
Minister reasonably requires –
(a) the
clarification of any information given by the consignor; or
(b) more
information regarding the proposed movement,
in order to enable it to
discharge its functions properly under this Law, the Minister may require the
consignor to provide that clarification or information before the Minister
proceeds to deal further with the matter.
4 Cases in which Minister
must object to the movement
(1) The
Minister shall object to the movement –
(a) if,
in any case, the part of the consignment note relating to the prior
notification of the proposed import is in any material way unclear, incomplete
or incorrect; or
(b) if,
in any case, the Minister is not satisfied that the movement would comply with
this Law.
(2) However,
the Minister’s duty to object to a movement on the ground set out in
sub-paragraph (1)(a) is subject to his or her discretion under paragraph 3
to require the consignor to provide additional information.
5 Cases in which Minister
may object to the movement
The Minister may object
to the movement –
(a) if,
in any case, the movement would be in contravention of a national law relating
to environmental protection, health protection, public safety or public order;
(b) if,
in any case, the consignor or consignee has previously been guilty of illegal
trafficking.
6 Cases in which the
Minister must agree to the movement
(1) If
the Minister does not have an objection under paragraph 4 or paragraph 5
to the movement, the Minister shall agree to the movement.
(2) If
the Minister agrees to the movement, he or she may do so either unconditionally
or on such conditions as he or she specifies.
7 Cases in which agreement
to the movement may be assumed
(1) If –
(a) the
movement is one to which the OECD Amber control procedure applies;
(b) the
Minister has in writing acknowledged, to the competent authority of the country
of dispatch, receipt of the Minister’s copy of the consignment note; and
(c) the
Minister has not, within 30 days after so acknowledging receipt, objected to
the movement,
the Minister may be taken
to agree unconditionally to the movement.
(2) In
any other case in which –
(a) the
Minister has previously indicated that his or her consent may be presumed if no
objection has been received from the Minister within 60 days after the
Minister receives his or her copy of the consignment note;
(b) the
Minister has in writing acknowledged receipt of that copy; and
(c) no
such objection has been received from the Minister,
the Minister may be taken
to agree unconditionally to the movement.
8 Action by Minister if the
Minister objects to the movement
(1) This
paragraph applies in every case in which the Minister objects under
paragraph 4 or paragraph 5 to the movement.
(2) The
Minister shall in writing, within the appropriate time limit in sub-paragraph (2)
notify –
(a) the
consignor; and
(b) each
other competent authority concerned,
that the Minister objects
to the movement.
(3) The
time limits to which sub-paragraph (2) refers are –
(a) the
expiry of the period of 30 days following the date on which the competent
authority of the country of destination acknowledges receipt of the consignment
note, if the movement is one to which the OECD Amber control procedure applies;
(b) the
expiry of the period of 20 days following the date on which the Minister
acknowledges receipt of the consignment note, if the movement is not one to
which the OECD Amber control procedure applies and the country of destination is
the United Kingdom or a member State of the European Union; and
(c) the
expiry of the period of 60 days following the date on which the Minister
receives the consignment note, in any other case.
(4) In
every case, the notification shall state the Minister’s reasons for the
objection.
9 Written notification of
the Minister’s agreement to an OECD Amber control procedure movement
(1) If –
(a) the
movement is one to which the OECD Amber control procedure applies; and
(b) the
Minister agrees unconditionally or conditionally to the movement,
the Minister may in
writing, within the time limit in sub-paragraph (2), notify the
consignor and the competent authority of the country of destination that the
Minister so agrees.
(2) The
time limit to which sub-paragraph (1) refers is the expiry of the period
of 30 days following the date on which the competent authority of the
country of destination acknowledges receipt of the consignment note.
(3) Sub-paragraph (1)
is without prejudice to paragraph 7(1) (which relates to cases in which
the Minister’s agreement may be assumed).
10 Notification of the Minister’s
agreement to a UK or EU movement
(1) If –
(a) the
movement is not one to which the OECD Amber control procedure applies;
(b) the
country of destination is the United Kingdom or a member State of the European
Union; and
(c) the
Minister agrees unconditionally or conditionally to the movement,
the Minister shall in
writing, within the time limit in sub-paragraph (2), notify the consignor
and the competent authority of the country of destination that the Minister so
agrees.
(2) The
time limit to which sub-paragraph (1) refers is the expiry of the period
of 20 days following the date on which the Minister receives the consignment
note.
(3) Sub-paragraph (1)
is without prejudice to paragraph 7 (which relates to cases in which the
Minister’s agreement may be assumed).
11 Notification of the Minister’s
agreement to any other movement
(1) If –
(a) the
movement is not one to which the OECD Amber control procedure applies;
(b) the
country of destination is neither the United Kingdom nor a member State of the
European Union; and
(c) the
Minister agrees unconditionally or conditionally to the movement,
the Minister shall in
writing, within the time limit in sub-paragraph (2), notify the consignor
and the competent authority of the country of destination that the Minister so
agrees.
(2) The
time limit to which sub-paragraph (1) refers is the expiry of the period
of 60 days following the date on which the Minister receives the
consignment note.
(3) Sub-paragraph (1)
is without prejudice to paragraph 7 (which relates to cases in which the
Minister’s agreement may be assumed).
12 Review of decisions
(1) The
Minister may review and withdraw an objection, or a condition imposed by him or
her, if it is shown that the reasons for the objection or condition are
incorrect or insufficient, or that they no longer apply.
(2) If
the Minister withdraws an objection or condition, the Minister shall in writing
notify each person to whom he or she was required to give notice of the
objection or condition.
Procedure after notification
13 Cases in which the movement may
proceed
(1) If
the movement is one to which the OECD Amber control procedure applies, the
consignor may commence the movement of the waste in transit through Jersey if
(but only if) –
(a) the
Minister;
(b) the
competent authority of the country of destination; and
(c) the
competent authority of each country of transit,
all agree or may be taken
to agree to the movement.
(2) If
the movement is not one to which the OECD Amber control procedure applies, the
consignor may commence the movement of the waste in transit through Jersey if
(but only if) –
(a) the
Minister and the competent authorities of the country of destination and each
country of transit all agree or may be taken to agree to the movement; and
(b) the
appropriate competent authority has issued to the consignor an authorization to
proceed.
(3) For
the purposes of this paragraph, “the appropriate competent
authority” means –
(a) the
competent authority of the country of dispatch, if that competent authority and
the competent authority of the country of destination have so agreed; or
(b) the
competent authority of the country of destination, if that competent authority
and the competent authority of the country of dispatch have so agreed.
14 Compliance with conditions
If the Minister has
agreed to the movement on conditions, the movement in transit through Jersey
may only proceed in accordance with those conditions.
15 Record of movement in transit
(1) The
movement in transit through Jersey may proceed if (but only if) at least 3
working days before the consignment is shipped in the country of
dispatch –
(a) the
consignor has signed the part of a copy of the consignment note that relates to
notification of commencement of the consigning of the waste (including the date
on which the consignment is dispatched for shipment); and
(b) the
consignor has delivered a copy of the consignment note (as so signed) to the
Minister.
(2) At
all times when the waste is being moved in transit through Jersey –
(a) the
person by whom it is being carried must be in possession of the consignment
note (other than those copies that have already been given to any other person
or authority in accordance with a standard control procedure); and
(b) the
consignment note must have been signed by every person who has had possession
of the consignment in the course of the whole transboundary movement, so as to
show in accordance with the relevant parts of the note the record of the
movement so far as it has already gone.
(3) If
at any time while the waste is being moved in transit through Jersey, the
person by whom it is being carried delivers the consignment to any other
carrier –
(a) both
carriers shall sign the consignment note;
(b) the
carrier transferring the consignment shall retain one copy of the consignment
note (as so signed); and
(c) the
carrier transferring the consignment shall hand to the other carrier the other
copies of the consignment note (as so signed).
16 Retention of documents
Each carrier by whom the
consignment is carried in transit through Jersey shall retain his or her copy
of the consignment note for the period of 3 years following –
(a) the
date on which the consignment is delivered to the consignee; or
(b) if
such delivery is not completed, the date on which it becomes apparent that it
will not be completed.
17 Subsequent movement
(1) The
Minister’s agreement to the movement of waste in transit through Jersey
from the country of dispatch to the country of destination (whether or not the
delivery of the consignment also involves movement in transit through any other
country) does not itself authorize any subsequent movement in transit through
Jersey in the course of a return of the consignment to the consignor.
(2) However,
if the Minister is subsequently informed by the competent authority of the
country of destination that it is being so returned because it has not been
delivered to and accepted by the consignee, the Minister shall agree to that
subsequent movement.
Schedule 9
(Article 64(5) and
(6))
Countries that are not subject to the prohibition on export for
disposal or to the Basel Convention ban on export for recovery
1. Any
country that is a member State of the OECD.
2. Any
country that is a member State of the European Union.
3. Liechtenstein.
Schedule 10
(Article 112)
Transitional provisions
Part 1
Internal activities
relating to waste
1. This
Part of this Schedule applies to any person who, immediately before the
commencement of Articles 23, 38 and 49, is lawfully carrying on by way of
business –
(a) any activity described in Article 23(2);
(b) the
carriage of hazardous waste or health care waste in the course of internal movements;
or
(c) any
other activity described in Article 49(2) in respect of such movements.
2. Notwithstanding
Articles 23(1), 38(1) and 49(1), such a person may continue to carry on
for the period of 6 months following the commencement of those Articles the
business by reason of which this Part of this Schedule applies to the person,
as if he or she were the holder of a licence to do so or registered as a waste
carrier to do so (as the case may be).
3. Notwithstanding
Articles 23(1) and 38(1) –
(a) if
the person applies in accordance with this Law, within that period of
6 months, for a waste management licence in respect of the activity (if it
is one to which paragraph 1(a) refers) or for registration as a waste
carrier (if it is one to which paragraph 1(b) refers; and
(b) the
application is not determined within that period of 6 months,
the person may continue to
carry on the business until the application is determined, as if he or she were
the holder of a licence to do so or registered as a waste carrier to do so (as
the case may be).
Part 2
Transboundary movements
1. This
Part of this Schedule applies to any person who, immediately before the
commencement of Part 4 of this Law, has obtained permission in accordance
with the laws of a country to which this Part of this Schedule applies to
export waste to that country at any time before the expiry of the period of
12 months following the commencement of that Part of this Law.
2. A
person to whom paragraph 1 of this Part of this Schedule applies may
during the period to which that paragraph refers export to that other country,
as if Part 4 of this Law had not been enacted, any waste in respect of
which such permission was given.
3. However,
if for any reason permission in accordance with the laws of that country is
revoked in respect of the export of any waste, this Part of this Schedule shall
cease to apply to the person in respect of the exporting of that waste.
4. The
countries to which this Part of this Schedule applies are –
(a) the
United Kingdom; and
(b) any
other country that is specified in Schedule 9.
Schedule 11[23]
(Article 112)
Operations by Minister for THE Environment
1 Interpretation of Schedule
(1) In
this Schedule, references to the Minister for the Environment as the regulator
are references to that Minister in that Minister’s capacity as the
Minister responsible for exercising and performing the functions, powers and
duties that are for the time being conferred and imposed on the Minister for the
Environment by the provisions of this Law other than this Schedule.
(2) In
this Schedule –
“waste management
certificate” means a waste management certificate that is issued by the Minister
under this Schedule;
“vary”, when
referring to a waste management certificate, means to vary any term or
condition of the certificate.
2 Application
(1) While –
(a) the
Minister is the regulator; and
(b) the
Minister is also charged with the administration (otherwise than as the
regulator) of public services that involve the Minister’s carrying on of
any activity to which Article 23 applies,
Articles 23(1),
24(1), 38(1), 49(1), 53 and 59 shall not apply to the Minister, but this
Schedule shall apply instead.
(2) If
the Minister ceases to be the regulator, this Schedule shall expire.
3 Restrictions on operations
by Minister
(1) The
Minister shall not carry on otherwise than as the regulator an activity to
which Article 23 applies unless the Minister is acting in accordance with
a waste management certificate that is issued by the Minister under this
Schedule and is for the time being in effect.
(2) If
the Minister contravenes sub-paragraph (1), the Minister shall be guilty
of an offence.
(3) If
the Minister contravenes any condition of a waste management certificate, the
Minister shall be guilty of an offence.
(4) If
the Minister commits an offence under sub-paragraph (2) or sub-paragraph (3),
the Minister shall be liable to a fine.
4 Consultation and public
notice
(1) Before
issuing, varying or revoking a waste management certificate, the Minister shall
comply with Articles 16(1) and 17(1) as if the Minister’s
proposal to do so were an application for the grant, variation or surrender (as
the case may be) of a waste management licence.
(2) Paragraphs (2)
and (3) of Article 16 and paragraphs (2), (3), (4), (5), (7) and (8)
of Article 17 shall also apply accordingly.
5 Issue of waste management
certificate
If the Minister issues a
waste management certificate, the Minister shall specify in the certificate –
(a) the
activity that is to be carried on by the Minister in accordance with the
certificate;
(b) the
land on which the activity will be carried on in accordance with the
certificate; and
(c) the
period for which the certificate shall have effect.
6 Conditions of certificate[24]
(1) It
is a condition of every waste management certificate that the Minister shall
not carry on the activity to which the certificate relates on any land that the
Minister may not lawfully use for that purpose.
(1A) For
the purposes of fulfilling the condition specified in sub-paragraph (1),
land is being lawfully used for the purpose of carrying on the activity to
which the certificate relates in the following cases –
(a) where
the land is owned by the Public of the Island –
(i) the Minister is
using that land in accordance with planning permission granted (where required)
for the purpose of carrying on the activity to which the certificate relates,
or
(ii) the
Minister is continuing to carry on the activity to which certificate relates,
on land in respect of which that activity has been carried on prior to
1st April 1965 and has continued to be carried on (without a break)
since that date;
(b) where
the land is not owned by the Public of the Island –
(i) the Minister is,
with the land-owner’s consent, occupying that land for the purpose of carrying
on the activity to which the certificate relates, and
(ii) the
Minister is using that land in accordance with planning permission as described
in sub-paragraph (1A)(a)(i), or
(iii) the
Minister is continuing to carry on the activity to which the certificate
relates as described in sub-paragraph (1A)(a)(ii).
(2) If
the Minister issues a waste management certificate, the Minister may also
specify in the certificate other conditions on which the activity will be
carried on.
(3) In
any civil or criminal proceedings under this Law, information that is provided
by or obtained from any person under any condition of a waste management
certificate shall be admissible in evidence against the person.
7 Variation of waste
management certificate
Subject to the other provisions of this Schedule, the Minister may
vary a waste management certificate.
8 Duration of waste
management certificate
(1) A
waste management certificate or its variation shall take effect from a date to
be specified in the certificate by the Minister (being not sooner than 21 days
after the Minister complies with paragraph 9 in respect of its decision).
(2) The
Minister shall not –
(a) issue
a waste management certificate for a term exceeding 10 years from the date
of his or her decision to issue the certificate; or
(b) on
any one occasion vary a certificate by extending its term for a period
exceeding 10 years from the date of his or her decision to vary the
certificate,
unless there are
exceptional circumstances.
9 Revocation of waste management
certificate
(1) The
Minister may revoke a waste management certificate.
(2) Before
revoking a waste management certificate, or ceasing the activity in respect of
which it is issued, the Minister shall take –
(a) appropriate
measures to prevent the occurrence of environmental problems in consequence of
the activity; and
(b) appropriate
measures to remedy all environmental problems that have arisen in consequence
of the activity.
10 Notice of decision
If the Minister makes any
decision under this Schedule in respect of a waste management certificate, the
Minister shall serve a written copy of the decision within 14 days on each of
the following persons –
(a) the
Minister for Health and Social Services and the Minister for Social Security;
and
(b) every
person who has made representations under Article 17(4) (as applied by
paragraph 4) in respect of the matter, and has provided an address for service
within Jersey.
11 Review of Minister’s decision
(1) If
the Minister issues, varies or revokes a waste management certificate, any
person who –
(a) has
made representations under Article 17(4) (as applied by paragraph 4) in
respect of the Minister’s proposal to do so; and
(b) has
provided an address for service within Jersey,
may apply to the Royal
Court to review the decision.
(2) An
application under sub-paragraph (1) shall be made –
(a) within
21 days after the applicant is served with a written copy of the Minister’s
decision (or within such further time as the Royal Court may allow); and
(b) on
notice to the Minister.
(3) If
the Minister issues, varies or revokes a waste management certificate, the
Attorney General may apply to the Royal Court at any time, on notice to the Minister,
to review the decision.
(4) Rules
of Court may provide for the manner in which applications for review under this
paragraph shall be brought, heard and determined.
(5) Unless
the Royal Court so orders, the lodging of an application for review under this paragraph
shall not operate to stay the effect of a decision pending the determination of
the application.
(6) On
hearing an application for review –
(a) the
Royal Court may in its own judgment confirm, reverse or vary the decision of
the Minister; and
(b) the
court may make such order as to the costs of the review as it thinks fit.
(7) The
Attorney General shall have a right of appeal to the Court of Appeal against a
decision of the Royal Court under this Article.
12 Information about waste management
certificates
The information to be
made available by the Minister under Article 6 shall include proposals for
and the issue, variation, suspension and revocation of waste management
certificates.
13 General duty of Minister in respect of
its waste activities
In carrying on –
(a) any
activity to which Article 23(1) applies; or
(b) any
activity to which the prohibition in Article 38(1) applies,
the Minister shall for the
Minister’s own part observe standards of practice (including conditions)
that are at least as high as those imposed by or under this Law on persons
other than the Minister who carry on activities of that kind.
14 Duties of Minister in respect of its
waste-carrying activities
(1) The
Minister shall establish and maintain a record of all motor vehicles that the
Minister uses for movements of hazardous waste or health care waste to which
the prohibition in Article 49(1) applies.
(2) In
carrying on any activity involving a movement of hazardous waste or health care
waste to which the prohibition in Article 49(1) applies –
(a) the Minister
shall ensure that his or her employees are suitably trained;
(b) the
Minister shall ensure that any motor vehicle or other equipment that is used is
appropriately designed and maintained;
(c) the
Minister shall comply with any prescribed conditions in respect of registered
waste carriers carrying on an activity of that kind; and
(d) the
Minister shall comply with the standard control procedure for internal movement
(other than those provisions requiring a consignor, carrier or consignee to obtain
the consent of the Minister or to deliver any document to the Minister).
15 False statements
(1) Any
person who –
(a) in
connection with the issue, variation, suspension or revocation of a waste
management certificate; or
(b) on
being required under a condition of a certificate to give any information to
any person,
knowingly or recklessly
makes a statement that is false or misleading in a material respect shall be
guilty of an offence.
(2) If
the Minister commits an offence under sub-paragraph (1), the Minister
shall be liable to a fine.
(3) If
any person other than the Minister commits an offence under sub-paragraph (1),
the person shall be liable to imprisonment for a term of 2 years and to a
fine.
16 Transitional arrangements if Minister
ceases to be the regulator
Notwithstanding
paragraph 2(2), on and after the day on which the Minister ceases to be
the regulator, every waste management certificate that is in effect immediately
before that day shall continue in effect according to its tenor, subject to the
provisions of this Law, as if it were a waste management licence.
Endnotes
Table of Legislation
History
Legislation
|
Year and No
|
Commencement
|
*Projet No
(where applicable)
|
Waste Management (Jersey) Law 2005
|
L.7/2005
|
1 November 2006, except –
1 February 2007 (Articles 23, 38 and 49, Part
4, Articles 86, 87, 88, 89, 90, 91, 92 and 112 (as far as it relates to
Schedule 11) and paragraphs 3, 13 and 14 of Schedule 11)
(R&O.114/2006)
|
P.88/2004
|
States of Jersey (Amendments and Construction
Provisions No. 3) (Jersey) Regulations 2005
|
R&O.132/2005
|
9 December 2005
|
P.216/2005
|
Waste Management (OECD Revised Decision)
(Jersey) Regulations 2006
|
R&O.113/2006
|
1 November 2006
|
P.97/2006
|
Waste Management (Amendment) (Jersey)
Regulations 2012
|
R&O.89/2012
|
24 July 2012
|
P.57/2012
|
States of Jersey (Transfer of Functions No. 8)
(Miscellaneous Transfers) (Jersey) Regulations 2015
|
R&O.158/2015
|
1 January 2016
|
P.46/2015 (re-issue)
|
Criminal Justice (Miscellaneous Provisions)
(Jersey) Law 2016
|
L.1/2016
|
20 September 2016
(R&O.98/2016)
|
P.87/2015
|
Waste Management (Amendment No. 2) (Jersey)
Regulations 2017
|
R&O.78/2017
|
26 July 2017
|
P.46/2017
|
European Union (United Kingdom Exit –
Miscellaneous Amendments) (Jersey) Regulations 2019
|
R&O.9/2019
|
11pm on 31 January 2020
(R&O.3/2020)
|
P.148/2018
|
Legislation (Jersey) Law 2021
|
L.8/2021
(R&O.112/2021)
|
28 September 2021
|
P.26/2021
|
*Projets available at www.statesassembly.gov.je
Table of Renumbered Provisions
Original
|
Current
|
1(5)
|
Otiose, omitted
|
1(6)
|
Otiose, omitted
|
1(7)(a)
|
Otiose, omitted
|
1(7)(b)
|
1(5)
|
113(1)
|
113
|
113(2)
|
Spent, omitted
|
Table
of Endnote References
[1] This
Law has been amended by the States of Jersey (Amendments and Construction
Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references
to a Committee of the States of Jersey with a reference to a Minister of the
States of Jersey, and remove and add defined terms appropriately,
consequentially upon the move from a committee system of government to a
ministerial system of government.
[2] Article 1(1) amended
by R&O.113/2006, R&O.89/2012, R&O.158/2015
[3] Article 26(2) substituted
by R&O.89/2012
[4] Article 26(3) substituted
by R&O.89/2012, amended by R&O.78/2017
[5] Article 26(4) amended
by R&O.89/2012, R&O.78/2017
[6] Article 26(5) amended
by R&O.78/2017
[7] Article 26(6) added
by R&O.89/2012
[8] Article 28(1) substituted
by R&O.89/2012, amended by R&O.78/2017
[9] Article 28(1A) added
by R&O.89/2012, substituted by R&O.78/2017
[10] Article 62(3) amended
by R&O.89/2012
[11] Article 62(3A) inserted
by R&O.89/2012
[12] Article 91(3) amended
by L.1/2016
[13] Article 108(3) deleted
by L.8/2021
[14] Article 111(5) revised
on 11 January 2024 by Law Revision Board item 2023/1
[15] Schedule 1 Part
2 amended by R&O.78/2017
[16] Schedule 4 Part
1 amended by R&O.113/2006
[17] Schedule 4 Part
2 amended by R&O.113/2006
[18] Schedule 5 Part
1 amended by R&O.113/2006
[19] Schedule 8 Introduction
amended by R&O.89/2012
[20] Schedule 8 Part
2 amended by R&O.113/2006, R&O.89/2012, R&O.9/2019
[21] Schedule 8 Part
3 amended by R&O.113.2006, R&O.89/2012, R&O.9/2019
[22] Schedule 8 Part
4 amended by R&O.9/2019
[23] Schedule 11 amended
by R&O.89/2012, R&O.158/2015, R&O.78/2017
[24] Schedule 11 paragraph
6 amended by R&O.78/2017