Search Legislation

The Environment (Northern Ireland) Order 2002

Status:

This is the original version (as it was originally made).

Article 53(1)

SCHEDULE 5AMENDMENTS

This schedule has no associated Explanatory Memorandum

PartPOLLUTION PREVENTION AND CONTROL

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

In section 108 for the words from “; but a district council shall not” to the end there shall be substituted

; but a district council shall not, without the consent of the Department of the Environment, institute proceedings under this Part in respect of a nuisance to which section 107 applies by virtue of paragraph (4) or (7) of that section or Article 23 of the Clean Air (Northern Ireland) Order 1981, if proceedings in respect thereof might be instituted under—

(a)regulations under Article 4 of the Environment (Northern Ireland) Order 2002; or

(b)the Industrial Pollution Control (Northern Ireland) Order 1997.

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

2.  In Part II of Schedule 2, after paragraph 5(2) add—

(3) Use for any of the following processes (except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine)—

(a)converting, re-heating, annealing, hardening, melting, carburising, forging or casting of iron or other metals or alloys;

(b)recovering of metal from scrap or drosses or ashes;

(c)galvanising;

(d)pickling or treatment of metal in acid; or

(e)chromium plating..

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

3.—(1) In Article 55(4)(a) after “part of” insert “an installation or plant subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 or”.

(2) In Article 55(4) for sub-paragraph (b) substitute—

(b)of the inspectors appointed under the Industrial Pollution Control Order or the regulations mentioned in sub-paragraph (a) to enforce those provisions in relation to such furnaces.

(3) In Article 56(1) after “unless the” insert “burning is part of an activity subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 or the”.

(4) For Article 56(2) substitute—

(2) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In Article 57(4) after “emissions from any” insert “activity subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 or any”

(6) In Article 58 after paragraph (2) insert—

(2AA) If the notice relates to an installation or plant subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002, the person on whom the notice is served shall not be obliged to supply any information which, as certified by an inspector appointed under those regulations, is not of a kind which is being supplied to the inspector for the purposes of those regulations..

The Merchant Shipping Act 1995 (c. 21)

4.  In section 136A at the end add “or an authorisation or permit granted under any corresponding provisions of the law of Northern Ireland”.

The Finance Act 1996 (c. 8)

5.  In section 66 (ba) after “1999” insert “or under regulations under Article 4 of the Environment (Northern Ireland) Order 2002”.

The Water (Northern Ireland) Order 1999 (NI 6)

6.—(1) In Article 10(1) after sub-paragraph (b) insert—

(bb)regulations under Article 4 of the Environment (Northern Ireland) Order 2002;.

(2) In Article 10(2) after sub-paragraph (c) insert—

(d)a permit granted under regulations under Article 4 of the Environment (Northern Ireland) Order 2002;.

(3) In Article 30(1)(n) after “register” insert “under regulations made under Article 4 of the Environment (Northern Ireland) Order 2002 or;”

PART IIAIR QUALITY

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

7.  In Article 4(1) (traffic regulation orders), at the end add

or

(g)for any of the purposes specified in sub-paragraphs (a) to (c) of paragraph (1) of Article 15 of the Environment (Northern Ireland) Order 2002..

The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)

8.  In Article 7(12) (conditions of authorisations) at the end add

and

(f)Article 15 of the Environment (Northern Ireland) Order 2002..

PART IIIAREAS OF SPECIAL SCIENTIFIC INTEREST

The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)

9.  In Article 16(1)(a) after “or under” insert “Article 41 of the Environment (Northern Ireland) Order 2002”.

The Planning (Northern Ireland) Order 1991 (NI 11)

10.  In Article 18(1)(b)(iii) for “Article 24 of that Order” substitute “Article 28 of the Environment (Northern Ireland) Order 2002”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources