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The Waste and Contaminated Land (Northern Ireland) Order 1997


This is the original version (as it was originally made).

Interaction of this Part with other statutory provisions

70.—(1) A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the chief inspector under Article 27 of the [1997 NI 18.] Industrial Pollution Control (Northern Ireland) Order 1997 (power of chief inspector to remedy harm) may be exercised in relation to—

(a)the significant harm (if any), and

(b)the pollution of waterways and underground strata (if any),

by reason of which the contaminated land in question is such land.

(2) Nothing in this Part shall apply in relation to any land in respect of which there is for the time being in force a site licence under Part II, except to the extent that any significant harm, or pollution of waterways or underground strata, by reason of which that land would otherwise fall to be regarded as contaminated land is attributable to causes other than—

(a)breach of the conditions of the licence; or

(b)the carrying on, in accordance with the conditions of the licence, of any activity authorised by the licence.

(3) If, in a case falling within paragraph (1) or (8) of Article 28, the land in question is contaminated land, or becomes such land by reason of the deposit of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit, if and to the extent that the powers of a district council under that Article may be exercised in relation to that waste or the consequences of its deposit.

(4) No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of a consent given under section 5 of the [1972 c. 5 (N.I.).] Water Act (Northern Ireland) 1972 (pollution offences) or Part V of the [1973 NI 2.] Water and Sewerage Services (Northern Ireland) Order 1973 (trade effluents).

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