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The Industrial Pollution Control (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. Introductory

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Prescribed processes and prescribed substances

    4. 4.Emission etc. limits and quality objectives

    5. 5.Discharge and scope of functions

  3. Authorisations

    1. 6.Authorisations: general provisions

    2. 7.Conditions of authorisations

    3. 8.Fees and charges for authorisations

    4. 9.Transfer of authorisations

    5. 10.Variation of authorisations by enforcing authority

    6. 11.Variation of conditions etc: applications by holders of authorisations

    7. 12.Revocation of authorisation

  4. Enforcement

    1. 13.Enforcement notices

    2. 14.Prohibition notices

    3. 15.Appeals as respects authorisations and against variation, enforcement and prohibition notices

    4. 16.Appointment of chief inspector and other inspectors

    5. 17.Powers of inspectors and others

    6. 18.Power to deal with cause of imminent danger of serious pollution, etc.

    7. 19.Obtaining of information from persons and authorities

  5. Publicity

    1. 20.Public registers of information

    2. 21.Exclusion from registers of information affecting national security

    3. 22.Exclusion from registers of certain confidential information

  6. Provisions as to offences

    1. 23.Offences

    2. 24.Enforcement by High Court

    3. 25.Evidence in connection with certain pollution offences

    4. 26.Power of court to order cause of offence to be remedied

    5. 27.Power of chief inspector to remedy harm

  7. Authorisations and other statutory controls

    1. 28.Authorisations and other statutory controls

  8. General

    1. 29.Disclosure of information

    2. 30.Power to give effect to Community and other international obligations etc.

    3. 31.Application to Crown

    4. 32.Offences by bodies corporate

    5. 33.Offences due to fault of others

    6. 34.Regulations, orders and directions

    7. 35.Amendments and repeals

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISATIONS FOR PROCESSES: SUPPLEMENTARY PROVISIONS

      1. PART I GRANT OF AUTHORISATIONS

        1. Applications for authorisations

          1. 1.(1) An application to the enforcing authority for an authorisation...

        2. Determination of applications

          1. 2.(1) Subject to sub-paragraph (2), the enforcing authority shall give...

          2. 3.(1) The Department may give directions to the enforcing authority...

          3. 4.The Department may give the enforcing authority a direction with...

          4. 5.(1) Except in a case where an application has been...

      2. PART II VARIATION OF AUTHORISATIONS

        1. Variations by the enforcing authority

          1. 6.(1) The requirements of this paragraph apply where an enforcing...

        2. Applications for variation

          1. 7.(1) The requirements of this paragraph apply where an application...

    2. SCHEDULE 2

      APPEALS AND MATTERS REFERRED TO THE PLANNING APPEALS COMMISSION and 22(7).

      1. PART I APPEALS AND MATTERS REFERRED UNDER ARTICLE 15

        1. Reference of appeals in accordance with Article 15(3)(b)

          1. 1.(1) This paragraph applies where, in accordance with paragraph (3)(b)...

        2. Reference of appeals or matters involved in appeals in accordance with Article 15(3)(c)

          1. 2.(1) This paragraph applies where, in accordance with paragraph (3)(c)...

      2. PART II APPEALS AND MATTERS REFERRED UNDER ARTICLE 22

        1. Reference of appeals in accordance with Article 22(6)(b)

          1. 3.(1) This paragraph applies where, in accordance with paragraph (6)(b)...

        2. Reference of appeals or matters involved in appeals in accordance with Article 22(6)(c)

          1. 4.(1) This paragraph applies where, in accordance with paragraph (6)(c)...

    3. SCHEDULE 3

      SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

      1. Interpretation

        1. 1.In this Schedule— “relevant power” means a power conferred by...

      2. Issue of warrants

        1. 2.(1) If it is shown to the satisfaction of a...

      3. Information obtained to be admissible in evidence

        1. 3.(1) Subject to Article 17(10), information obtained in consequence of...

      4. Duty to secure premises

        1. 4.An inspector who, in the exercise of a relevant power,...

      5. Compensation

        1. 5.(1) Where an inspector exercises any power conferred by Article...

    4. SCHEDULE 4

      CONSEQUENTIAL AMENDMENTS

      1. The Public Health (Ireland) Act 1878 (c. 52)

        1. 1.At the end of section 108 add “; but a...

      2. The Alkali, &c. Works Regulation Act 1906 (c. 14)

        1. 2.For section 24A substitute— Relation to Industrial Pollution Control Order....

        2. 3.For sections 10 to 13 (inspection) substitute— Inspectors. References in this Act to the chief inspector or an...

      3. The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23 (N.I.))

        1. 4.In Part II of Schedule 2, after paragraph 542) add—...

      4. The Water Act (Northern Ireland) 1972 (c. 5 (N.I.))

        1. 5.In section 5 (pollution etc. of water), after subsection (1)...

        2. 6.In section 9 (supplementary provisions as to consents under section...

        3. 7.In section 11 (protection for persons complying with conditions) at...

      5. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

        1. 8.In Article 2(2), in the appropriate place in alphabetical order...

        2. 9.In Article 55(4)— (a) in sub-paragraph (a) after the words...

        3. 10.(1) In Article 56(1) after the words “unless the” insert...

        4. 11.In Article 57(4) after the words “emissions from any” insert...

        5. 12.After Article 58(2) insert— (2A) If the notice relates to...

      6. The Clean Air (Northern Ireland) Order 1981 (NI 4).

        1. 13.Articles 7 to 13 shall cease to have effect.

        2. 14.Immediately before Article 25 insert— Relation to Industrial Pollution Control...

    5. SCHEDULE 5

      REPEALS

  11. Explanatory Note

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