The Waste Management Regulations (Northern Ireland) 2006

Amendment of the Groundwater Regulations (Northern Ireland) 1998

3.—(1) The Groundwater Regulations (Northern Ireland) 1998(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “authorisation” at the end of paragraph (c) delete “and”; and

(b) after paragraph (d) insert—

“and

(e) a waste management licence, existing disposal licence or existing resolution of a district council;”.

(3) In regulation 3 (exclusions from these regulations)—

(a) at the end of sub-paragraph (b) insert “or”; and

(b) delete sub-paragraph (d).

(4) In regulation 4 (Discharge of functions) for “and the Industrial Pollution Control (Northern Ireland) Order 1997” substitute “the Industrial Pollution Control (Northern Ireland) Order 1997, Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997 (Waste on land)”.

(5) After regulation 4 insert —

“Review of existing disposal licences and existing resolutions of a District Council

4A.   The Department shall review all disposal licenses and all resolutions which authorise—

(a) any disposal or tipping for the purpose of disposal of a substance in list I or II which might lead to an indirect discharge into groundwater of such a substance; or

(b) a direct discharge into groundwater of a substance in list I or II;

and shall, so far as may be necessary to give effect to Council Directive 80/68/EEC exercise its powers under Articles 47(2) and (3) of the 1997 Order to apply Articles 10 and 12 of the 1997 Order (variation and revocation, etc. of licenses) in relation to any such authorisation.”.

(1)

S.R. 1998 No. 401 as amended by S.R. 2003 No. 46 and S.R. 2003 No. 493.