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The Waste and Contaminated Land (1997 Order) (Commencement No. 7) Order (Northern Ireland) 2003

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Statutory Rules of Northern Ireland

2003 No. 489 (C. 38)

ENVIRONMENTAL PROTECTION

The Waste and Contaminated Land (1997 Order) (Commencement No. 7) Order (Northern Ireland) 2003

Made

27th November 2003

The Department of the Environment, in exercise of the powers conferred on it by Article 1(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997(1), paragraph 11(2) of Schedule 12 to the Northern Ireland Act 1998(2) and paragraph 4(1)(b) of the Schedule to the Northern Ireland Act 2000(3) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Waste and Contaminated Land (1997 Order) (Commencement No. 7) Order (Northern Ireland) 2003.

(2) In this Order –

“the 1978 Order” means the Pollution Control and Local Government (Northern Ireland) Order 1978(4);

“the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997;

“appointed day” means the day specified in Article 2; and

“appropriate date” in relation to an appeal means the date on which –

(a)

the period for appealing expires without an appeal being made;

(b)

any appeal is withdrawn;

(c)

the appeal is determined in a case where the appeal is dismissed; or

(d)

effect is given to the determination of the appeal in a case where the appeal is allowed.

Appointed Day

2.  The day appointed for the coming into operation of the provisions of the 1997 Order specified in the Schedule shall be 27th November 2003 save for the purposes of its application to an activity in respect of which on that date an appeal in pursuance of sub-paragraphs (a), (b), (c) or (d) of Article 12(1) of the 1978 Order (appeals to the Department of the Environment from decisions with respect to licences) is pending or where the period for making such an appeal has not expired.

Provisions coming into operation after the appointed day

3.  The provisions specified in the Schedule shall come into operation for the purpose of their application to an activity falling within Article 2, on the day immediately following the appropriate date in relation to the appeal in question.

Sealed with the Official Seal of the Department of the Environment on 27th November 2003.

L.S.

Judena Goldring

A Senior Officer of the

Department of the Environment

Article 2

SCHEDULEPROVISIONS OF THE 1997 ORDER FOR WHICH (SUBJECT TO ARTICLE 3) 27th NOVEMBER 2003 IS APPOINTED AS THE DAY OF COMING INTO OPERATION

Provisions of the 1997 OrderSubject Matter
Article 2(2) (in so far as it relates to the definitions of “licence”, “mobile plant licence”, “modifications”, “site licence”, “statutory provision”, “company” and “formed”), (4), (5) and (9)Interpretation
Article 3(1), (2), (3)(a) to the extent that it is not already in force, (3)(b) and (c), (4), (5) and (6) to the extent that it is not already in forceMeaning of “fit and proper person”
Article 4(1)(a) and (b) and (5) and to the extent that they are not already in force (2) to (4) and (6) to (9)Prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste
Article 6(1) to (3) and (5) to (10)Waste management licences: general
Article 8Grant of licences
Article 10(1) to (5)Variation of licences
Article 12(1) to (8) and (12) to (15)Revocation and suspension of licences
Article 13Surrender of licences
Article 14Transfer of licences
Article 15Fees and charges for licences
Article 16Supervision of licensed activities
Article 17Appeals from decisions with respect to licences
Article 18Offences of making false or misleading statements or false entries
Article 24Payments for recycling and disposal, etc, of waste
Article 27Power of Department to require waste to be accepted, treated, disposed of or delivered
Article 28Powers to require removal of waste unlawfully deposited
Article 31Waste other than controlled waste
Article 34(1) to (3) and (5) to (7) (to the extent that it is not already in operation)Public registers
Article 35 (to the extent that it is not already in operation)Exclusion from registers of information affecting national security
Article 36Exclusion from registers of certain confidential information
Article 37Annual reports
Article 43 (to the extent that it is not already in operation)Seizure and disposal of vehicles used for illegal waste disposal
Article 45(4) to (7)Provisions relating to legal proceedings and civil liability
Article 47(1) (to the extent that it is not already in operation) and (2)Transitional provisions with respect to licences
Article 75 (to the extent that it is not already in operation)Evidence in connection with certain pollution offences
Part I of Schedule 2 (in so far as it relates to appeals under Article 17)Appeals and decisions referred to the Planning Appeals Commission
Part II of Schedule 2 (in so far as it relates to appeals under Article 36)Appeals and decisions referred to the Planning Appeals Commission
Paragraphs 2 and 3 of Schedule 5 and Article 83(1) (in so far as it relates to those paragraphs)Amendments to the Pollution Control and Local Government (Northern Ireland) Order 1978
Paragraph 5 of Schedule 5 and Article 83(1) (in so far as it relates to it)Amendment to the Environmental Protection Act 1990
Paragraph 6 of Schedule 5 and Article 83(1) (in so far as it relates to it)Amendment to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992
Paragraph 8 of Schedule 5 and Article 83(1) (in so far as it relates to it)Amendment to the Industrial Pollution Control (Northern Ireland) Order 1997
The following repeals in Schedule 6 and Article 83(2) in so far as it relates to those repeals –Repeals
In the Pollution Control and Local Government (Northern Ireland) Order 1978 –
Articles 3, 5 to 13, 16 and 18;
in Article 36(1) the definitions of “disposal licence” and “relevant land”;
Article 36(2) to (4);
Article 85;
in Article 86 the words “Subject to Article 18(4)”.
Paragraphs 17 to 21, 23 and 24 of Schedule 3 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985
In Schedule 5 to the Planning (Northern Ireland) Order 1991, in the entry relating to the Pollution Control and Local Government (Northern Ireland) Order 1978, the words “7(2), 18(2)”
Paragraph 18 of Schedule 12 to the Electricity (Northern Ireland) Order 1992
In Schedule 6 to the Gas (Northern Ireland) Order 1996, the entry relating to the Pollution Control and Local Government (Northern Ireland) Order 1978
In the Waste and Contaminated Land (Northern Ireland) Order 1997–
in Article 43(1)(a)(i) the words from “or under” to “waste”; and
in Article 72(12), in the definition of “enforcing authority” sub-paragraph (c) and in the definition of “pollution control statutory provisions” sub-paragraph (b)(ii)

Explanatory Note

(This note is not part of the Regulations.)

This Order brings into operation on 27th November 2003 certain provisions of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the 1997 Order”) which will enable the Department to make regulations relating to waste management licensing. The Order also brings into operation certain miscellaneous provisions of the 1997 Order.

The Order also repeals those parts of the Pollution Control and Local Government (Northern Ireland) Order 1978 which are to be replaced by the 1997 Order.

Note as to Earlier Commencement Orders

(This note is not part of the Regulations.)

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.

ProvisionDate of CommencementS.R. No.
Article 117th September 1998S.R. 1998 No. 288 (C. 11)
Article 2(1), (2) (partially), (3), (7) and (8)17th September 1998S.R. 1998 No. 288 (C. 11)
Article 2(2) (partially) and (6)1st December 1998S.R. 1998 No. 390 (C. 18)
Article 2(2) (partially)19th August 1999S.R. 1999 No. 325 (C. 24)
Article 2(2) (partially)6th October 1999S.R. 1999 No. 373 (C. 29)
Article 2(2) (partially)1st March 2001S.R. 2001 No. 40 (C. 2)
Article 3(3)(a) and 3(6) (both paragraphs for the purposes of Article 40(5))19th August 1999S.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 it1st March 2001S.R. 2001 No. 40 (C. 2)
Article 5 (in so far as it relates to the definition of “broker”)17th September 1998S.R. 1998 No. 288 (C. 11)
Article 5 (in so far as it is not already in operation)3rd June 2002S.R. 2002 No. 185 (C. 18)
Article 191st December 1998S.R. 2002 No. 185 (C. 18)
Articles 20 to 236th October 1999S.R. 1999 No. 373 (C. 29)
Articles 25 and 266th October 1999S.R. 1999 No. 373 (C. 29)
Article 296th October 1999S.R. 1999 No. 373 (C. 29)
Article 3017th September 1998S.R. 1998 No. 288 (C. 11)
Article 321st December 1998S.R. 2002 No. 185 (C. 18)
Article 331st December 1998S.R. 2002 No. 185 (C. 18)
Articles 34 and 35 (both Articles for the purposes of Article 39(7))19th August 1999S.R. 1999 No. 325 (C. 24)
Article 38(1), (2), (4), (5) and (6)11th March 2000S.R. 1999 No. 325 (C. 24)
Article 38(3)19th August 1999S.R. 1999 No. 325 (C. 24)
Articles 39 to 4119th August 1999S.R. 1999 No. 325 (C. 24)
Article 42(1) to (7)11th March 2000S.R. 1999 No. 325 (C. 24)
Article 42(8)19th August 1999S.R. 1999 No. 325 (C. 24)
Article 43 (partially)19th August 1999S.R. 1999 No. 325 (C. 24)
Article 44 (in so far as it relates to the Department)17th September 1998S.R. 1998 No. 288 (C. 11)
Article 44 (to the extent that it is not already in operation)6th October 1999S.R. 1999 No. 373 (C. 29)
Article 45(1), (2) and (3)6th October 1999S.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 1999S.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 2001S.R. 2001 No. 40 (C. 2)
Article 4817th September 1998S.R. 1998 No. 288 (C. 11)
Articles 72 to 741st March 2001S.R. 2001 No. 40 (C. 2)
Article 75 (in so far as it relates to Article 39)1st March 2001S.R. 2001 No. 40 (C. 2)
Article 7617th September 1998S.R. 1998 No. 288 (C. 11)
Article 776th October 1999S.R. 1999 No. 373 (C. 29)
Articles 78 to 8217th September 1998S.R. 1998 No. 288 (C. 11)
Schedule 11st December 1998S.R. 2002 No. 185 (C. 18)
Schedule 2 (partially)19th August 1999S.R. 1999 No. 325 (C. 24)
Schedule 31st December 1998S.R. 2002 No. 185 (C. 18)
Schedule 41st March 2001S.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 1998S.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 2001S.R. 2001 No. 40 (C. 2)
Schedule 6 (partially) and Article 83(2) (partially)17th September 1998S.R. 1998 No. 288 (C. 11)
Schedule 6 (partially) and Article 83(2) (partially)6th October 1999S.R. 1999 No. 373 (C. 29)

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