Waste Regulation
THE WASTE MANAGEMENT (JERSEY) LAW 2005, AND WASTE REGULATION.
A New Law:
On the 26th October 2006 the States of Jersey debated and agreed the Waste Management (OECD Revised Decision) (Jersey) Regulations 2006, and the Waste Management (Jersey) Law 2005 (Appointed Day Act) 2006. This has allowed the bringing into force of the Waste Management (Jersey) Law 2005. This piece of legislation aims to protect Jersey’s unique and beautiful environment from the potentially polluting aspects of waste management operations. These can include the difficult to spot issues such as air, water, and ground pollution as well as the more obvious signs of waste operations such as build-up of litter near sites, mud on roads, and badly smelling facilities.
The Basel Convention:
The States of Jersey has informed DEFRA (part of the UK Government) that the Law is in force and they agreed that from the 1st of February 2007 they would be in a position to request that the Basel Convention be ratified on Jersey’s behalf by the UK Government. In September 2007 the ratification was extended to the Island
The Convention is an international obligation on hazardous waste which has been signed up to by 168 countries. It aims to improve the management of hazardous waste and its associated health and environmental aspects, and arose out of significant problems associated with shipments of hazardous materials being found in many countries across the world. These either had polluted the environment and caused harm to humans or had the potential to do so. - http://www.basel.int/.
Currently there is only limited capacity for the disposal of some types of hazardous waste on the Island. Now the convention is extended to Jersey, the Island following the drafting and submission of a 'Duly Reasoned Request' to the UK Environment Agencey will be able to deal with its hazardous wastes in an environmentally sound manner, by exporting them to licensed facilities for suitable disposal or recovery. This will reduce the potential future stockpiling of hazardous wastes on the Island.
The OECD Decision:
We will also be able to comply with our obligations to another European agreement known as the OECD Decision. This is legally binding on the Island.
(http://www.oecd.org/home/0,2987,en_2649_201185_1_1_1_1_1,00.html)
This agreement controls the export of our recyclable waste materials which are destined for recovery operations in signatory countries and will make the recycling aspects of the new Waste Strategy (http://publicservices/info/solid_waste_strategy.asp) more viable from a regulators standpoint.
Benefits of Regulation:
There are two benefits of regulating the waste management businesses and operations in Jersey. The process will not only give us a comprehensive list of what operations are taking place on the Island but also will help us to work with the operators to find the best practicable environmental option for running sites – an all round benefit to the people, flora and fauna of the Island.
As there has historically been no Island specific waste management legislation, it has been up to the individual operator or States department to undertake their operation in as environmentally sound a manner as they saw fit or were able. These approaches were not consistent, they may not necessarily have been best practice, and were not enforced. This means that either knowingly or unknowingly there is the increased possibility of contamination of the surrounding environment by the actions of the operators.
The implementation of the law will improve the situation by regulating anyone whose operation deals with the deposit, keeping, treatment, or disposal of waste on land. It will also regulate the movement within the Island of hazardous and healthcare waste and the movement into and out of the Island of waste or recyclable materials. These improvements do not only make us comply with our European obligations, they will also help Jersey to retain its relatively unspoiled state.
The Regulator:
The responsibility of the Waste Regulator is that of firstly implementing the law and educating all stakeholders as to the requirements of the legislation and, thereafter, regulating the operators against the requirements of site licences and waste carriers certificates. These requirements will be mutually agreed between the Regulator and the operators throughout the application process. The licensing process is currently ongoing.
The Regulator will carry out regular site checks and audits to ensure that the operators are complying with the law. Where they are found lacking, the Regulator will, through a phased approach of discussion, advice, warnings, and ultimately the possibility of prosecution through the Courts, attempt to remedy the situation depending on the severity of the transgression of the licence conditions.
Guidance for Operators:
Guidance for waste operators and those involved in the carriage of Hazardous and Healthcare Wastes can be obtained by clicking on the following links:
Waste Management Licensing
Waste Management Licensing System Guidance (pdf, size 272Kb)
Waste Management Licensing Application Form (pdf, size 44Kb)
Waste Management Licensing Exemptions Guidance Notes (pdf, size 78Kb)
Waste Management Licensing Exemption Registration Form (pdf, size 6Kb)
Waste Management Licensing Exemptions Guidance Notes (pdf, size 73Kb)
Internal Waste Movements
Internal Movements Guidance Notes (pdf, size 88Kb)
Waste Carriers Registration
Waste Carriers Application Form (pdf, size 35Kb)
Waste Carriers Application Guidance Notes (pdf, size 101Kb)
Fees
Waste Management (Fees) (Jersey) Order 2008
For any queries regarding waste regulation please contact:
| William Peggie |
David Monks |
| Assistant Director - Environmental Protection |
Head of Waste Regulation |
| Howard Davis Farm |
Howard Davis Farm |
| La Route de la Trinite |
La Route de la Trinite |
| Trinity |
Trinity |
| Jersey |
Jersey |
| JE3 5JP |
JE3 5JP |
| |
|
| T: +44(0) 1534 441600 |
T: +44(0) 1534 441600 |
| F: +44(0) 1534 441601 |
F: +44(0) 1534 441601 |
| E: mailto: w.peggie@gov.je |
E: mailto: d.monks@gov.je |
| W: http://www.gov.je/ |
W: http://www.gov.je/ |
Page Last Updated: 25/07/2008
