5.—(1) The Landfill Regulations (Northern Ireland) 2003(1) are amended as follows.
(2) In regulation 2(2)—
(a)in the definition of “the Directive” for “as amended by Council Directive 2011/97/EU of the 5th December 2011 as regards specific criteria for the storage of metallic mercury considered as waste” substitute “as last amended by Directive (EU) 2018/850(2)”;
(b)in the definition of “waste” for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”; and
(c)in the definition of “waste battery or accumulator” for “2006/12/EC of the European Parliament and of the Council on Waste as last amended by Directive (EU) 2017/997” substitute “2008/98/EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2018/851”.
(3) In regulation 7(2) at the end insert “as last amended by Directive (EU) 2018/851”.
(4) After regulation 9 insert—
“9A.—(1) Every landfill permit is deemed to contain the following condition, unless such a condition in the same terms as that condition is included in the permit.
(2) The condition is that the operator must not accept—
(a)any waste paper, metal, plastic or glass for landfill if that waste has been separately collected for the purpose of preparing for re-use or recycling; and
(b)subject to paragraph (3), any waste for landfill that results from the treatment of waste referred to in paragraph (a), unless landfill of that waste delivers the best environmental outcome in accordance with regulation 17 of the Waste Regulations (Northern Ireland) 2011.
(3) The treatment referred to in paragraph (2)(b), must not be treatment that contravenes sub-paragraph (2)(a) or paragraph 4 of Schedule 11 to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(3).”
S.R. 2003 No. 496; relevant amending Regulations are S.R. 2005 No.300, S.R. 2009 No.159, S.R. 2011 No.127, S.R. 2013 No.161, S.R. 2015 No.14 and S.R. 2018 No.200. Regulation 2(2) is prospectively amended from IP completion day by S.I. 2019/289
OJ No. L150, 14.6.2018, p. 100–108
S.R. 2013 No.160; relevant amending Regulations are S.R. 2015 No.14, S.R. 2016 No.95, S.R. 2018 No.33