§ Mr. PaiceTo ask the Secretary of State for the Environment how many appeals have been made again it the refusal by waste regulation authorities to register applicants as carriers of controlled waste; and whether he has issued any decisions.
§ Mr. MacleanCarriers of controlled waste are required to register with waste regulation authorities under the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991. The registration system is an important part of the measures being introduced by the Government to improve the handling and disposal of waste. The legislation provides for applicants to appeal to the Secretary of State against a decision to refuse to register them. To date 25 appeals have been made.
The first decision letter on such an appeal was issued on 22 December 1992. The appeal was made on the grounds that it was unreasonable for the waste regulation authority to conclude that, in the light of the appellant's convictions for prescribed offences, it was undesirable for him to he authorised to transport controlled waste. The appellant argued that steps had been taken to ensure that the offences are not repeated. The Secretary of State's decision in this case was to uphold the appeal and direct the waste regulation authority to register the appellant.
The Secretary of State does not consider that operators should he forced out of business unnecessarily as a result of the registration system. He is of the opinion that waste regulation authorities should normally register operators who have taken steps to ensure that there is no repetition of the offences for which they have been convicted. Powers are available to regulation authorities to revoke a person's registration if' that person is subsequently convicted of a prescribed offence and the authority considers that it is undesirable for the registered carrier to continue to be authorised to transport controlled waste.