Environmental Protection Citation and commencement 1 These Regulations may be cited as the Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022 and come into operation on 5th December 2022. Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003 2 The Waste Management Licensing Regulations (Northern Ireland) 2003 are amended in accordance with regulations 3 to 6. Amendment of regulation 1 (Citation, commencement and interpretation) 3 In regulation 1(3) (Citation, commencement and interpretation) insert the following definitions at the appropriate place– “ CIWM ” means the Chartered Institution of Wastes Management;”; and “ EU Skills ” means Energy and Utility Skills Limited; . Amendment of regulation 3 4 For regulation 3 substitute– 3 1 Without prejudice to the European Union (Recognition of Professional Qualifications) Regulations 2015 , the qualifications and experience required of a person to be considered technically competent for the purposes of Article 3(3)(b) of the 1997 Order (management of activities to be in the hands of a technically competent person), is either: a an Operator Competence Certificate awarded by CIWM to carry on the specific activities which are authorised by a waste management licence; or b a Competence Management System Certification awarded by EU Skills. 2 Where it is not possible to obtain a qualification under paragraph 1(a) or (b) for any activity, the Department will assess technical competence for the purposes of Article 3(3)(b) of the 1997 order based on the knowledge and experience in waste management practice of the person seeking to manage that activity. 3 A person who has been awarded an Operator Competence Certificate by CIWM must undertake an assessment every 24 months to ensure that competence is kept up to date. 4 A person who has been awarded Competence Management System Certification by EU Skills must undertake an assessment every 36 months to ensure that competence is kept up to date. 5 Where a person carries out activities without the qualifications specified in paragraph (1)(a) or (b) or an assessment of technical competence by the Department, that person will not be deemed to be a fit and proper person which may result in that person’s application being refused or their licence being revoked except where that activity is being carried out by way of an exemption from waste management licensing. Amendment of regulation 5 (Pre-qualification technical competence) 5 1 For regulation 5 (Pre-qualification technical competence) substitute— 5 1 Where— a a person has applied to i CIWM for an Operator Competence Certificate to carry on the specific activities which are authorised by a waste management licence; or ii EU Skills for a Competence Management System Certification; b an application has been made for a waste management license to authorise activities whose management is intended to be in that person’s hands; c the activities mentioned in sub-paragraph (b) are to be carried on at a facility of the same type as that in relation to which the application mentioned in sub-paragraph (a) was made; and d the Department is satisfied that but for regulation 3 he would be a technically competent person, then, in relation to the facility in respect of which the application mentioned in sub-paragraph (c) was made and until the expiry of two years from the grant of a licence pursuant to that application, regulation 3 shall not apply to that person and that person shall be treated as technically competent for the purposes of Article 3(3)(b) of the 1997 order. 2 Paragraph 1 does not include activities carried out at any type of landfill site. Revocation of Schedule 1 6 Schedule 1 is revoked. Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 27th October 2022. John Mills A senior officer of the Department of Agriculture, Environment and Rural Affairs