2011 No. 312 (C. 23)

Environmental Protection

The Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No. 1) Order (Northern Ireland) 2011

Made

The Department of the Environment makes the following Order in exercise of the power conferred by section 12(1) of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 20111.

Citation and interpretation1

1

This Order may be cited as the Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No. 1) Order (Northern Ireland) 2011.

2

In this Order—

  • “the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 19972;

  • “the 2007 Order” means the Waste (Amendment) (Northern Ireland) Order 20073; and

  • “the 2011 Act” means the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011.

Appointed day2

The day appointed for the coming into operation of the provisions of the 2011 Act specified in the Schedule shall be 17th October 2011.

Sealed with the Official Seal of the Department of the Environment on 12th September 2011.

seal_r00001Wesley ShannonA senior officer of theDepartment of the Environment

SCHEDULEProvisions coming into operation on 17th October 2011

Article 2

Provisions of the 2011 Act

Subject matter

Section 3

Offence of failing to pay charge for subsistence of licence

Section 6

Right of entry with heavy equipment or to domestic premises

Section 10

Producer responsibility obligation regulations

Section 11(1) and Schedule 1 (partially)

The following amendments only of the 1997 Order, as set out in paragraphs 1 and 4 of Schedule 1 to the 2011 Act—

  • In Article 27(2) after “controlled waste” insert “in or”.

  • In Article 82—

    1. a

      in paragraph (1) at the beginning insert “Except as provided by paragraph (1A),”; and

    2. b

      after paragraph (1) insert—

      1A

      No order shall be made under Article 4A(10), 5A(10), 22B(5) or 42B(10) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

Section 11(2) and Schedule 2 (partially)

The following repeals only of the 1997 Order, as set out in the second column of Schedule 2 to the 2011 Act—

  • Article 72(4)(a).

  • In Schedule 4, paragraph 2(3).

The following repeal only of the 2007 Order, as set out in the second column of Schedule 2 to the 2011 Act—

  • Article 18(1)(c).

EXPLANATORY NOTE

(This note is not part of the Order)

The Department is exercising the power conferred by section 12(1) of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 for the first time. This Order brings into operation on 17th October 2011 the provisions of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 listed in the Schedule.