The Control of Asbestos in Water Regulations (Northern Ireland) 1995

Citation and commencement

1.  These Regulations may be cited as the Control of Asbestos in Water Regulations (Northern Ireland) 1995, and shall come into operation on 1st May 1995.

Interpretation

2.—(1) In these Regulations—

“asbestos” has the meaning assigned by Article 2.1 of the Directive;

“the Department” means the Department of the Environment; and

“the Directive” means Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos(1).

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Prevention of asbestos emissions into the aquatic environment

3.  The Department shall, in accordance with the Directive, take the measures necessary to ensure that asbestos discharges into the aquatic environment are, as far as reasonably practicable, reduced at source and prevented.

Consent to discharge

4.—(1) A person shall not, without the written consent of the Department, make a discharge of asbestos into the aquatic environment.

(2) A consent granted under paragraph (1) shall specify emission standards, conditions and limits in accordance with Article 5 of the Directive.

Offences

5.  A person who contravenes regulation 4(1) or fails to comply with any condition or requirement specified in a consent granted under regulation 4(1) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale(3) and, on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

Sealed with the Official Seal of the Department of the Environment on 15th March 1995.

(L.S.)

John Crowther

Assistant Secretary