Search Legislation

Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011

Status:

This is the original version (as it was originally enacted).

Contaminated land: pollution of waterways and underground strata

This section has no associated Explanatory Notes

7.—(1) Part 3 of the 1997 Order is amended as follows.

(2) In Article 49 (interpretation of Part 3)—

(a)in paragraph (1), in the definition of “contaminated land”, for paragraph (b) substitute—

(b)significant pollution of waterways or underground strata is being caused or there is a significant possibility of such pollution being caused;;

(b)in paragraph (1), in the definition of “remediation”, in paragraph (b)(i) before “pollution” insert “significant”;

(c)in paragraph (1), in the definition of “underground strata”, at the end add “, except that it does not include strata which are above the saturation zone”;

(d)in paragraph (2)—

(i)in sub-paragraph (a) after “harm” insert “or pollution of waterways or underground strata”;

(ii)in sub-paragraph (b) after “harm” insert “or of significant pollution of waterways or underground strata”;

(iii)omit sub-paragraph (c);

(e)in paragraph (3)—

(i)in sub-paragraph (a) after “systems” insert “, or of poisonous, noxious or polluting matter or solid waste matter”;

(ii)in sub-paragraph (b) after “places” insert “or waterways or underground strata, or different degrees of pollution”;

(iii)after “significant harm” insert “or of significant pollution”;

(f)in paragraph (4) for the words from “pollution” to the end substitute “significant pollution of, those waterways or those underground strata is being caused or there is a significant possibility of such pollution being caused.”.

(3) In Article 51 (identification and designation of special sites), in paragraph (9)—

(a)in sub-paragraph (a)(ii) for “be, or would be likely to be, caused” substitute “or might be caused”;

(b)in sub-paragraph (b), before “pollution” insert “significant”.

(4) In Article 53 (duty of enforcing authority to require remediation of contaminated land) in paragraph (4)(b) before “pollution” insert “of the”.

(5) In Article 57 (liability in respect of contaminating substances which escape to other land) in each of paragraphs (3) and (4) for the words from “is being caused” to “likely to be caused” substitute “, or significant pollution of waterways or underground strata, is being caused, or there is a significant possibility of such harm or pollution being caused.”.

(6) In Article 68 (supplementary provisions relating to contaminated land)—

(a)in paragraph (1)—

(i)for sub-paragraph (b) substitute—

(b)significant pollution of waterways or underground strata is being caused or there is a significant possibility of such pollution being caused,;

(ii)for the words from “is being caused, or” to the end substitute “, or significant pollution of waterways or underground strata, is being caused, or there is a significant possibility of such harm or pollution being caused.”;

(b)in paragraph (2) for the words from “is being caused” to “likely to be, caused” substitute “, or significant pollution of waterways or underground strata, is being caused, or there is a significant possibility of such harm or pollution being caused”.

(7) In Article 70 (interaction of Part 3 with other statutory provisions), in each of paragraphs (1)(b) and (2), before “pollution” insert “significant”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources