- agriculture
has the same meaning as in the Agriculture Act 1947 or, in Scotland, the Agriculture (Scotland) Act 1948.
- animal by-products
has the same meaning as in article 3(1) of the Animal By-Products Order 1992.
- business name
means a name under which a person carries on business and by virtue of which the Business Names Act 1985 applies;
- civic amenity site
means a place provided under section 1 of the Refuse Disposal (Amenity) Act 1978 or by virtue of section 51(1)(b) of the 1990 Act;
- clinical waste
has the meaning given by regulation 1(2) of the Controlled Waste Regulations 1992;
- Companies Acts
has the meaning given by section 744 of the Companies Act 1985;
- competent authority
has the meaning given by paragraph 3;
- composting
includes any other biological transformation process that results in materials which may be spread on land for the benefit of agriculture or ecological improvement.
- construction work
includes the repair, alteration or improvement of existing works;
- Directive waste
has the meaning given by regulation 1(3) of the Waste Management Licensing Regulations 1994;”
- discard
has the same meaning as in the Directive, and “producer” means anyone whose activities produce Directive waste or who carries out preprocessing, mixing or other operations resulting in a change in its nature or composition;
- discontinuance order
means an order under section 102 of the Town and Country Planning Act 1990 (including an order made under that section by virtue of section 104 of that Act), or under paragraph 1 of Schedule 9 to that Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule), or, in Scotland, an order under section 49 of the Town and Country Planning (Scotland) Act 1972 (including an order made under that section by virtue of section 260 of that Act);
- disposal
means any of the operations listed in Part III of Schedule 4, and anyreference to waste being disposed of is a reference to its being submitted to any ofthose operations;
- exempt activity
means any of the activities set out in Schedule 3;
- garbage
has the same meaning as in the Merchant Shipping (Reception Facilities for Garbage) Regulations 1988;
- grant
includes give, issue or pass, “modify” includes vary, and cognate expressions shall be construed accordingly);
- group
has the meaning given by section 53(1) of the Companies Act 1989.
- harbour area
has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987;
- internal drainage board
has the meaning given by section 1(1) of the Land Drainage Act 1991 and, for the purposes of the definition of operational land, an internal drainage board shall be deemed to be a statutory undertaker.
- modify
includes vary, and cognate expressions shall be construed accordingly);
- net rated thermal input
means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.
- notice
means notice in writing;
- operational land
has the meaning given by sections 263 and 264 of the Town and Country Planning Act 1990 or, in Scotland, sections 211 and 212 of the Town and Country Planning (Scotland) Act 1972;
- permit
means a waste management licence, a disposal licence, an authorisation under Part I of the 1990 Act, a resolution under section 54 of the 1990 Act, a licence under Part II of the Food and Environment Protection Act 1985 or a consent under Chapter II of Part III of the Water Resources Act 1991 or under Part II of the Control of Pollution Act 1974 (and, in relation to a permit, “grant” includes give, issue or pass, “modify” includes vary, and cognate expressions shall be construed accordingly);
- plan-making provisions
means paragraph 5 below, section 50 of the 1990 Act and Part IIof the Town and Country Planning Act 1990 or, in Scotland, Part II of the Town and Country Planning (Scotland) Act 1972;
- planning authority
means the local planning authority, the person appointed under paragraph 1 of Schedule 6 to the Town and Country Planning Act 1990 or, as the case may be, the government department responsible for discharging a function under the planning Acts or, in Scotland, the planning authority (as defined in section 172 of the Local Government (Scotland) Act 1973), the person appointed under paragraph 1 of Schedule 7 to the Town and Country Planning (Scotland) Act 1972, or, as the case may be, the government department responsible for discharging a function under the Town and Country Planning (Scotland) Act 1972, and the Secretary of State shall be treated as a planning authority in respect of his functions under the planning Acts or, in Scotland, the Town and Country Planning (Scotland) Act 1972;
- pollution control authority
means any competent authority other than a planning authority;
- pollution of the environment
has the same meaning as in Part II of the 1990 Act.
- producer
means anyone whose activities produce Directive waste or who carries out preprocessing, mixing or other operations resulting in a change in its nature or composition;
- recovery
means any of the operations listed in Part IV of Schedule 4, and any reference to waste being recovered is a reference to its being submitted to any of those operations;
- refrigerants
means dichlorodifluoromethane, chlorotrifluoromethane, dichlorotetrafluoroethane, chloropentafluoroethane, bromotrifluoromethane, chlorodifluoromethane, chlorotetrafluoroethane, trifluoromethane, difluoromethane, pentafluoroethane, tetrafluoroethane, chlorodifluoroethane, difluoroethane, trichlorofluoromethane, trichlorotrifluoroethane, dichlorotrifluoroethane, dichlorofluoroethane and mixtures containing any of those substances.
- registered broker
has the same meaning as in regulation 20 and Schedule 5, and “collect” and “transport” have the same meaning as they have in Article 12 of the Directive.
- registered broker of controlled waste
has the same meaning as in regulation 20 of, and Schedule 5 to, the Waste Management Licensing Regulations 1994;” “• “wholly owned subsidiary” has the same meaning as in section 736 of the Companies Act 1985.”
- relevant offence
means an offence under any of the enactments listed in regulation 3;
- relevant period
means two months or, except in the case of an application for the renewal of his registration by a person who is already registered, longer period as may be agreed between the applicant and the waste regulation authority.
- relevant work
means construction work, including the deposit of waste on land in connection with— but not including either any deposit of waste in any other circumstances or any work involving land reclamation.
- river purification authority
has the meaning given by section 17 of the Rivers (Preventionof Pollution) (Scotland) Act 1951;
- scrap metal
has the meaning given by section 9(2) of the Scrap Metal Dealers Act 1964;
- septic tank sludge
has the meaning given by regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989.
- ship
means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform;
- site licence
has the meaning given by section 35(12) of the 1990 Act;
- sludge
has the meaning given by regulation 2(1) of the 1989 Regulations.
- special waste
has the meaning given by regulation 2 of the Control of Pollution (Special Waste) Regulations 1980;
- specified action
means any of the following— (a) determining— (a) an application for planning permission;
- specified function
means any function of that authority listed in column (2) of that Table opposite the entry for that authority.
- tank washings
means waste residues from the tanks (other than the fuel tanks) or holds of a ship or waste arising from the cleaning of such tanks or holds.
- the 1989 Regulations
means the Sludge (Use in Agriculture) Regulations 1989 and “used”, in relation to sludge, has the meaning given by regulation 2(1) of the 1989 Regulations.
- the 1990 Act
means the Environmental Protection Act 1990;
- the 1991 Regulations
means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991;
- the Carriers Regulations
means the Controlled Waste (Registration of Carriers and Seizureof Vehicles) Regulations 1991;
- the Directive
means Council Directive 75/442/EEC on waste as amended by Council Directives 91/156/EEC and 91/692/EEC;
- toxic and dangerous waste
has the meaning given by Article 1(b) of Council Directive 78/319/EEC.
- transfer station
means a facility where waste is unloaded in order to permit its preparation for further transport for treatment, keeping or disposal elsewhere.
- waste
means Directive waste;
- waste management licence
has the meaning given by section 35(1) of the 1990 Act,and “site licence” has the meaning given by section 35(12) of the 1990 Act;
- waste oil
means any mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;
- wholly owned subsidiary
has the same meaning as in section 736 of the Companies Act 1985.”
- work
includes preparatory work.