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

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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)

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