86Authority may issue designation

86 Authority may issue designation

(1) The Authority may issue a designation—

(a) setting out the waste classification for a waste; or

(b) relating to mixing, blending or diluting waste for the purposes of regulation 70.

(2) The Authority may issue a designation under subregulation (1)—

(a) on its own motion; or

(b) on application of a person who has the management or control of priority waste.

(3) A designation issued on application of a person who has the management or control of priority waste applies for the period specified in the designation up to a maximum of 5 years.

(4) The Authority may issue a designation subject to any conditions that the Authority considers appropriate.

(5) A designation may apply in specified circumstances or to a specified person.

(6) A designation under subregulation (1)(a) may allocate a new waste code if there is no applicable waste code in column 4 of the Table in Schedule 5.

Designations may be made to classify new or unusual waste types that are not adequately classified under regulations 61, 62, 66, 67 or 68 or if a classification under those regulations would impose an undue burden on persons in management or control of the waste.

(7) For the purposes of classifying industrial waste, the Authority may issue a designation classifying the waste by determining any of the following—

(a) the applicable waste code for that waste;

(b) whether the waste is also priority waste;

(c) whether the waste is also reportable priority waste (transactions);

(d) whether the waste is also reportable priority waste (transport);

Reg. 86(7)(e) amended by S.R. No. 115/2023 reg. 12(a).

(e) that the waste is not priority waste;

Reg. 86(7)(f) inserted by S.R. No. 115/2023 reg. 12(b).

(f) that the waste is not reportable priority waste;

Reg. 86(7)(g) inserted by S.R. No. 115/2023 reg. 12(b).

(g) that the waste is not reportable priority waste (transactions);

Reg. 86(7)(h) inserted by S.R. No. 115/2023 reg. 12(b).

(h) that the waste is not reportable priority waste (transport).

(8) For the purposes of classifying soil, the Authority may issue a designation classifying the waste as—

(e) soil containing asbestos only;

(f) fill material.

(9) For the purposes of consigning priority waste for disposal, the Authority may issue a designation classifying the waste as—

(e) soil containing asbestos only;