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The Industrial Pollution Control (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Interpretation

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“the Department” means the Department of the Environment;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

(3) For the purposes of this Order the “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.

(4) For the purposes of this Order “pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.

(5) For the purposes of this Order “harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or harm to his property; and “harmless” has a corresponding meaning.

(6) For the purposes of this Order “process” means any activities carried on in Northern Ireland, whether on premises or by means of mobile plant, which are capable of causing pollution of the environment and “prescribed process” means a process prescribed under Article 3(1).

(7) In paragraph (6)—

“activities” means industrial or commercial activities or activities of any other nature whatsoever (including, with or without other activities, the keeping of a substance);

“mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise;

“Northern Ireland” does not include the waters beyond 3 international nautical miles seaward from the baseline from which the breadth of the territorial sea adjacent to Northern Ireland is measured.

(8) For the purposes of this Order the “enforcing authority” is the chief inspector or the district council by which, under Article 5, the functions conferred or imposed by this Order otherwise than on the Department or the Secretary of State are for the time being exercisable.

(9) For the purposes of this Order “authorisation” means an authorisation for a process (whether on premises or by means of mobile plant) granted under Article 6; and a reference to the conditions of an authorisation is a reference to the conditions subject to which at any time the authorisation has effect.

(10) A substance is “released” into any environmental medium for the purposes of this Order whenever it is released directly into that medium and “release” includes—

(a)in relation to air, any emission of the substance into the air;

(b)in relation to water, any entry (including any discharge) of the substance into water;

(c)in relation to land, any deposit, keeping or disposal of the substance in or on land;

and for this purpose “water” and “land” shall be construed in accordance with paragraphs (11) and (12).

(11) In order to determine for the purposes of this Order into what medium a substance is released—

(a)any release into—

(i)the sea or the surface of the seabed,

(ii)any river, watercourse, lake, lough or pond (whether natural or artificial or above or below ground) or reservoir or the surface of the riverbed or of other land supporting such waters, or

(iii)ground waters,

is a release into water;

(b)any release into—

(i)land covered by water falling outside sub-paragraph (a) or the water covering such land; or

(ii)the land beneath the surface of the seabed or of other land supporting waters falling within sub-paragraph (a)(ii),

is a release into land; and

(c)any release into a sewer (within the meaning of the [1973 NI 2.] Water and Sewerage Services (Northern Ireland) Order 1973) shall be treated as a release into water;

but a sewer and its contents shall be disregarded in determining whether there is pollution of the environment at any time.

(12) In paragraph (11) “ground waters” means any waters contained in underground strata, or in—

(a)a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

(b)any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata.

(13) For the purposes of this Order “substance” shall be treated as including electricity or heat and “prescribed substance” has the meaning given by Article 3(7).

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