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The Industrial Pollution Control (Northern Ireland) Order 1997


This is the original version (as it was originally made).

Authorisations and other statutory controls

Authorisations and other statutory controls

28.—(1) No condition shall at any time be attached to an authorisation granted by the chief inspector so as to regulate the final q disposal by deposit in or on land of controlled waste (within the meaning of Part II of the [1978 NI 19.] Pollution Control and Local Government (Northern Ireland) Order 1978) nor shall any condition apply to such a disposal; but the chief inspector shall notify the district council for the area in which the process is to be carried on of the fact that the process involves the final disposal of controlled waste by deposit in or on land.

(2) Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Order and by a registration or authorisation under the [1993 c. 12.] Radioactive Substances Act 1993, then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Order and a condition attached to the registration or authorisation under that Act, the condition imposed by the authorisation under this Order shall be treated as not binding the person carrying on the process.

(3) Where the activities comprising a prescribed process designated for integrated central control include the release of any substances into any waters, then—

(a)the chief inspector shall not grant an authorisation under this Order if the Department certifies to him its opinion that the release will result in or contribute to—

(i)pollution of any waters; or

(ii)a failure to achieve any water quality objective in force under Part II of the [1972 c. 5 (N.I.).] Water Act (Northern Ireland) 1972; and

(b)any authorisation that is granted shall, as respects such releases, include (with or without others appearing to the chief inspector to be appropriate) such conditions as appear to the Department to be appropriate for the purposes of this Order as the Department requires by notice in writing given to the chief inspector;

but the chief inspector may, if it appears to be appropriate to do so, make the authorisation subject to conditions more onerous than those (if any) notified to him under sub-paragraph (b).

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