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The Waste and Contaminated Land (Northern Ireland) Order 1997

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Commencement Orders yet to be applied to the The Waste and Contaminated Land (Northern Ireland) Order 1997

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

Special waste and non-controlled wasteN.I.

Special provision with respect to certain dangerous or intractable wasteN.I.

30.—(1) If the Department considers that controlled waste of any kind is or may be so dangerous or difficult to treat, keep or dispose of that special provision is required for dealing with it, regulations shall make provision for the treatment, keeping or disposal of waste of that kind (in this Article referred to as “ [F1hazardous waste]”).

(2) Without prejudice to the generality of paragraph (1), the regulations may include provision—

(a)for the giving of directions by the Department with respect to matters connected with the treatment, keeping or disposal of[F1 hazardous waste];

(b)for securing that[F1 hazardous waste] is not, while awaiting treatment or disposal in pursuance of the regulations, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed;

(c)in connection with requirements imposed on consignors or consignees of[F1 hazardous waste], imposing, in the event of non-compliance, requirements on any person carrying the consignment to re-deliver it as directed;

(d)for requiring the occupier of premises on which[F1 hazardous waste] is situated to give notice of that fact and other prescribed information to a prescribed body;

(e)for the making and retention of records by the Department and by persons who import, export, carry, produce, keep, treat or dispose of[F1 hazardous waste], either directly or as a broker [F2or dealer], or deliver it to another person for keeping, treatment or disposal, for the inspection of the records and for the furnishing by such persons to the Department of copies of or information derived from the records;

(f)for the keeping in the register under Article 34(1) of copies of such of those records, or such information derived from those records, as may be prescribed;

(g)providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence, which shall not exceed, on summary conviction, a fine at level 5 on the standard scale and, on conviction on indictment, imprisonment for a term of 2 years or a fine or both.

(3) Without prejudice to the generality of paragraph (1), the regulations may include provision—

(a)for the supervision by the Department—

(i)of activities authorised under the regulations or of activities by virtue of carrying on which persons are subject to provisions of the regulations, or

(ii)of persons who carry on activities authorised by virtue of the regulations or who are subject to provisions of the regulations,

and for the recovery from persons falling within head (ii) of the costs incurred by the Department in performing functions conferred upon the Department by the regulations;

(b)as to the recovery of expenses or other charges for the treatment, keeping or disposal or the re-delivery of[F1 hazardous waste] under the regulations;

(c)as to appeals from decisions of the Department under the regulations to the Planning Appeals Commission for determination.

(4) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1SR 2005/300

Waste other than controlled wasteN.I.

31.—(1) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste—

(a)which is not controlled waste, but

(b)which, if it were controlled waste, would be[F5 hazardous waste],

in a case where he would be guilty of an offence under Article 4 if the waste were[F5 hazardous waste] and any management licence were not in force, shall, subject to paragraph (3), be guilty of that offence and punishable as if the waste were[F5 hazardous waste].

(3) No offence is committed under paragraph (2) if the act charged was done under and in accordance with any consent, licence, approval or authority granted under any statutory provision (excluding any planning permission under the [1991 NI 11.] Planning (Northern Ireland) Order 1991.)

(4) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F4Art. 31(1)(4) repealed (31.7.2006) by S.R. 2006/280, reg. 2(8)

F5SR 2005/300

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