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The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010

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Financial guarantee

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15.  Where planning permission for relevant development is subject to the condition in regulation 8(1) the Department shall—

(a)calculate the financial guarantee on the basis of—

(i)the likely environmental impact of the waste facility, taking into account in particular the classification of the waste facility, the characteristics of the waste and the future use of the rehabilitated land; and

(ii)the assumption that independent and suitably qualified third parties will assess and perform any rehabilitation work needed;

(b)determine the form of the financial guarantee and may accept the provision of a guarantee from an industry-sponsored mutual guarantee fund or equivalent; and

(c)periodically review the size of the guarantee and adjust as necessary, in accordance with any rehabilitation work which it may deem necessary on the land affected by the extractive waste, as described in the approved waste management plan prepared in accordance with regulation 6.

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