New article 5G Electronic waste tracking
488 Paragraph (1) introduces a power to make regulations, exercisable by the Department of Agriculture, Environment and Rural Affairs ("the Department"), in order to track certain types of waste, including establishing an electronic waste tracking system.
489 Paragraph (2) allows the regulations to impose requirements on relevant waste controllers (as defined in paragraph (12)) in relation to waste tracking. The regulations may also impose requirements on the Department or the Northern Ireland Environment Agency. The requirements include ensuring that specified information about the tracking or regulation of waste is entered onto the electronic system established under the regulations.
490 Paragraph (3) contains non-exhaustive examples of the information that the regulations can require people to enter onto the electronic system. Those examples include information about how waste is processed or treated, where waste has moved to and to whom waste has transferred. It also includes the same information in relation to material that has been produced as a result of the processing or treatment of waste ("relevant waste products") and information about relevant waste controllers.
491 Paragraph (4) allows the relevant regulations to require persons in control or in possession of waste to ensure waste that is on or is going to be on the system can be physically identified – for example, tracking waste tyres through radio-frequency identification.
492 Paragraph (5) allows the regulations to make provision for third parties, rather than those in possession or control of the waste, to carry out their duties under the regulations. The regulations may impose requirements on such third parties.
493 Paragraph (6) contains a duty on the Department that regulations made in relation to electronic waste tracking must include exemptions from the duties under the regulations for digitally excluded persons, as defined in paragraph (12). These are persons who, either for religious or practical reasons – for example, age, disability or location – cannot use the electronic system. The regulations may impose alternative requirements on such persons.
494 Paragraph (7) allows the regulations to appoint someone else to set up, administer or maintain the electronic system. The regulations may also give functions to that person.
495 Paragraph (8) allows the regulations to determine how information about the relevant waste on the system is used, who may access it, and what limits should be placed on how that information is used by those who have been given access to it.
496 Paragraph (9) allows for the introduction of fees or charges on anyone subject to the regulations. The regulations may state to whom the fee should be paid.
497 Paragraph (10) allows for those fees or charges to reflect the costs of establishing, operating or maintaining the waste tracking system, or any other cost associated with tracking relevant waste incurred by the person designated to establish, operate or maintain the system.
498 Paragraph (11) allows the Department to provide a grant or loan to the person chosen to set up, run or maintain the waste tracking system.
499 Paragraph (12) provides definitions of "digitally excluded person", "extractive waste", "relevant waste", "relevant waste controller", "specified", and "waste processing product".