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The Waste and Contaminated Land (1997 Order) (Commencement No. 6) Order (Northern Ireland) 2002
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Statutory Rules of Northern Ireland
2002 No. 185 (C. 18)
ENVIRONMENTAL PROTECTION
The Waste and Contaminated Land (1997 Order) (Commencement No. 6) Order (Northern Ireland) 2002
Made
17th May 2002
The Minister of the Environment, in exercise of the powers conferred on him by Article 1(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997(1), and paragraph 11(2) of Schedule 12 to the Northern Ireland Act 1998(2) and of every other power enabling him in that behalf, hereby makes the following Order:
Citation
1. This Order may be cited as the Waste and Contaminated Land (1997 Order) (Commencement No. 6) Order (Northern Ireland) 2002.
Appointed Day
2. Article 5 of the Waste and Contaminated Land (Northern Ireland) Order 1997, in so far as it is not already in operation shall come into operation on 3rd June 2002.
L.S.
Dermot Nesbitt
Minister of the Environment
Dated this 17th day of May 2002.
Explanatory Note
(This note is not part of the Order.)
This Order brings into operation on 3rd June 2002 Article 5 of the Waste and Contaminated Land (Northern Ireland) Order 1997 which imposes a duty of care on anyone who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste and which enables the Department to make regulations in relation to the duty of care and issue a code of practice for the purpose of providing practical guidance on how to discharge the duty.
Note as to Earlier Commencement Orders
(This note is not part of the Order.)
The following provisions of the Waste and Contaminated Land (Northern Ireland) Order 1997 have been brought into operation by earlier commencement orders as from the dates shown.
| Provision | Date of Commencement | S.R. Number |
|---|---|---|
| Article 1 | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Article 2(1), (2) (partially), (3), (7) and (8) | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Article 2(2) (partially) and (6) | 1st December 1998 | S.R. 1998 No. 390 (C. 18) |
| Article 2(2) (partially) | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Article 2(2) (partially) | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Article 2(2) (partially) | 1st March 2001 | S.R. 2001 No. 40 (C. 2) |
| Article 3(3)(a) and 3(6) (both paragraphs for the purposes of Article 40(5)) | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Article 4(1)(c) and (2), (3), (4) and (6) to (9) in so far as they relate to it | 1st March 2001 | S.R. 2001 No. 40 (C. 2) |
| Article 5 (in so far as it relates to the definition of “broker”) | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Article 19 | 1st December 1998 | S.R. 1998 No. 390 (C. 18) |
| Articles 20 to 23 | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Articles 25 and 26 | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Article 29 | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Article 30 | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Article 32 | 1st December 1998 | S.R. 1998 No. 390 (C. 18) |
| Article 33 | 1st December 1998 | S.R. 1998 No. 390 (C. 18) |
| Articles 34 and 35 (both Articles for the purposes of Article 39(7)) | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Article 38(1), (2), (4), (5) and (6) | 11th March 2000 | S.R. 1999 No. 325 (C. 24) |
| Article 38(3) | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Articles 39 to 41 | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Article 42(1) to (7) | 11th March 2000 | S.R. 1999 No. 325 (C. 24) |
| Article 42(8) | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Article 43 (partially) | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Article 44 (in so far as it relates to the Department) | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Article 44 (to the extent that it is not already in operation) | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Article 45(1), (2) and (3) | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Articles 46 and 47(1) (in so far as it relates to “existing disposal plans”) and (4) | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Article 47(1) (in so far as it relates to “existing resolution of a district council”) and (3) | 1st March 2001 | S.R. 2001 No. 40 (C. 2) |
| Article 48 | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Articles 72 to 74 | 1st March 2001 | S.R. 2001 No. 40 (C. 2) |
| Article 75 (in so far as it relates to Article 39) | 1st March 2001 | S.R. 2001 No. 40 (C. 2) |
| Article 76 | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Article 77 | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
| Articles 78 to 82 | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Schedule 1 | 1st December 1998 | S.R. 1998 No. 390 (C. 18) |
| Schedule 2 (partially) | 19th August 1999 | S.R. 1999 No. 325 (C. 24) |
| Schedule 3 | 1st December 1998 | S.R. 1998 No. 390 (C. 18) |
| Schedule 4 | 1st March 2001 | S.R. 2001 No. 40 (C. 2) |
| Paragraph 4 of Schedule 5 and Article 83(1) (in so far as it relates to it) | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Paragraph 7 of Schedule 5 and Article 83(1) (in so far as it relates to it) | 1st March 2001 | S.R. 2001 No. 40 (C. 2) |
| Schedule 6 (partially) and Article 83(2) (partially) | 17th September 1998 | S.R. 1998 No. 288 (C. 11) |
| Schedule 6 (partially) and Article 83(2) (partially) | 6th October 1999 | S.R. 1999 No. 373 (C. 29) |
(1)
S.I. 1997/2778 (N.I. 19)
(2)
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