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The Waste Management Licensing Regulations (Northern Ireland) 2003

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Interpretation of Schedule 3

1.  In this Schedule, unless the context otherwise requires –

“competent authority” has the meaning given by paragraph 3;

“development plan” has the meaning given by the Planning (Development Plans) Regulations (Northern Ireland) 1991(1);

“permit” means a waste management licence, a disposal licence, an authorisation under the Industrial Pollution Control Order, a permit under the 2003 Regulations, a resolution, a licence under Part II of the Food and Environment Protection Act 1985 or a consent under the Water Order, (and, in relation to a permit, “grant” includes give, issue or pass);

“modify” includes vary, and cognate expressions shall be construed accordingly;

“plan-making provisions” means paragraph 5 below, Articles 19 and 23 of the 1997 Order and Parts II and III of the Planning (Northern Ireland) Order 1991(2);

“planning permission” has the same meaning as in Part I of the Planning (Northern Ireland) Order 1991;

“regional development strategy” means the regional development strategy referred to in Article 3 of the Strategic Planning (Northern Ireland) Order 1999(3);

“specified action” means any of the following –

(a)

determining –

(i)

an application for planning permission; or

(ii)

an appeal made under Article 32 of the Planning (Northern Ireland) Order 1991 in respect of such an application;

(b)

deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;

(c)

deciding whether –

(i)

in making or confirming a discontinuance order, to include in the order any grant of planning permission; or

(ii)

to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,

and, for the purposes of this sub-paragraph, “discontinuance order” means an order under Article 39 or 112 of the Planning (Northern Ireland) Order 1991;

(d)

discharging functions under Part III of the Planning (Northern Ireland) Order 1991.

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