PART II N.I.WASTE ON LAND

Modifications etc. (not altering text)

C1 Pt. 2 (arts. 3-48) modified by S.R. 2003/493, Sch. 3 Pt. 1 para. 9 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 40 (with reg. 9(2)))

C2 Pt. II modified (30.11.2013) by The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 (S.R. 2013/255), regs. 1(1), 4(1)

[F1 Provisions relating to offences under Articles 4 and 5 N.I.

F1 Art. 5B and preceding cross-heading inserted (25.6.2007) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 6(1) (with art. 6(2)); S.R. 2007/294, art. 2, Sch.

Article 4 and 5 offences: investigation and enforcement costs N.I.

5B.— (1) This Article applies where a person is convicted of—

(a) an offence under Article 4 in respect of a contravention of paragraph (1) of that Article; or

(b) an offence under Article 5 in respect of a failure to comply with paragraph (1) of that Article.

[F2 (2) The court by or before which the offender is convicted may make an order requiring him to pay—

(a) to the Department or a district council a sum which appears to the court not to exceed the costs arising from investigations of the Department or the district council which resulted in the conviction; and

(b) to the Department a sum which appears to the court not to exceed the costs arising from the seizure by the Department under Article 5E of a vehicle involved in the offence.]

(3) The costs arising from the seizure of a vehicle as specified in paragraph (2)(b) may include the cost of disposing of the contents of the vehicle.

(4) The power of a court to make an order under this Article is in addition to its power to make an order under section 2 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (award of costs against accused).]

F2 Art. 5B(2) substituted (2.1.2023) by Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 (c. 5), ss. 5(3), 12; S.R. 2022/289, art. 2(b)