Waste Management (Exemptions From Licensing) (Jersey) Order 2006.

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A decision made (20/10/2006) regarding Waste Management (Exemptions From Licensing) (Jersey) Order 2006.

Subject:	Waste Management (Exemptions From Licensing) (Jersey) Order 2006.
Decision Reference:	MD-PE-2006-0126		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	ED\15\02\02
Written report – Title	Waste Management (Exemptions from Licensing) (Jersey) Order 2006.
Written report – Author (name and job title)	William Peggie – Head of Waste Regulation
Decision(s): To make the Waste Management (Exemptions From Licensing) (Jersey) Order 2006.
Reason(s) for decision: Upon the bringing into force of the Waste Management (Jersey) Law 2005, some waste management operations in Jersey will require exempting from Waste Management Licensing to avoid undue bureaucracy.
Action required: The Order should be signed and sealed by The Minister on the hard copy sent by the Law Draftsman’s office. When the Order has been made, the Director of Environment should arrange for its delivery to Miss Angela Rayson, Publications Editor, States Greffe, Morier House who will arrange for the publication in the Jersey Gazette of the necessary public notice. Greffier of States to arrange for the Order to be laid before the States.
Signature: (Minister/ Assistant Minister)		Date of Decision: 20 October 2006

Waste Management (Exemptions From Licensing) (Jersey) Order 2006.

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

WASTE MANAGEMENT (EXEMPTIONS FROM LICENSING)( JERSEY ) ORDER 2006

Public

Purpose of the Report

The purpose of this report is to ask The Minister to make the Waste Management (Exemptions from Licensing) (Jersey) Order 2006.

Background

Upon the bringing into force of the Waste Management (Jersey) Law 2005, some waste management operations in Jersey will require exempting from Waste Management Licensing. The categories identified are as follows:

 an activity that is adequately controlled under another enactment ;

 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;

 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

 an activity relating to household waste.

Discussion

The effect of this Order will be to exempt the activities described in the schedule from the requirement in Article 23(1) of the Waste Management (Jersey) Law 2005 for a waste management licence. An exemption will only be available if the person carrying on such an activity is the owner of the land on which it takes place or has the owner’s permission to do so.

The Waste Management Jersey Law (2005) was adopted by The States on 8thJune 2004, sanctioned by The Privy Council on 9th February 2005 and registered in the Royal Court on 4th March 2005. Since then DEFRA have delayed proceedings by undertaking a final audit for compliance with the Basel Convention. A date for States Debate has now been set for the 24th October 2006 with the associated Appointed Day Act stipulating a date for the bringing into force of the Law on 1st November 2006.

The list of exemptions has been based on the UK equivalent (Schedule 3 to the Waste Management Licensing Regulations 1994) but has been carefully reviewed by the Law drafting team to remove any non pertinent exemptions e.g. “The discharge of waste onto the track of a railway,,,,” and to add Jersey- Specific ones e.g. Our Exemption 15 dealing with “ceremonial bonfires” which UK legislation does not cover.

Conclusion

It is necessary to bring this Order into force on the same day as the Waste Management (Jersey) Law 2005.

Recommendation

That The Minister makes the Waste Management (Exemptions from Licensing) Order 2006 for introduction on the 1st November 2006 dependent on the outcome of DEFRA’s recent review of the Draft Waste Management (OECD Revised Decision) (Jersey) Regulations 200-.

Written by:	William Peggie - Head of Waste Regulation

Approved by:	Chris Newton – Director of Environment

Attachments:

Waste Management (Exemptions from Licensing)(Jersey) Order 2006

Decision Summary reference: MD-PE-2006-0126

21 September 2006