The Control of Mercury (Amendment) (EU Exit) Regulations 2019

Amendments to Article 15

19.—(1) Article 15 is amended as follows.

(2) In paragraph 1—

(a) for “Commission” substitute “Secretary of State”;

(b) for “the Member States” substitute “the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, the Scottish Ministers and the Welsh Ministers”.

(3) For paragraph 2 substitute—

“2.   By 1st January 2021 the Secretary of State shall make the information gathered pursuant to paragraph 1 publicly available on the internet.

3.   By 1st January 2021 the enforcing authority shall publish, in a manner which it considers appropriate, the particulars of remediation notices relating to sites contaminated by mercury and mercury compounds served by that authority in the register it keeps in accordance with the relevant provision.

In the first subparagraph—

“enforcing authority”—

(a)

for England and Wales and Scotland, has the meaning given in section 78A(9) of the Environmental Protection Act 1990(1);

(b)

for Northern Ireland, has the meaning given in Article 49 of the Waste and Contaminated Land (Northern Ireland) Order 1997(2);

“relevant provision” means—

(a)

in relation to the enforcing authority for England, Wales or Scotland, section 78R of the Environmental Protection Act 1990;

(b)

in relation to the enforcing authority for Northern Ireland, Article 63 of the Waste and Contaminated Land (Northern Ireland) Order 1997.”.

(1)

1990 c. 43. Section 78A was amended by S.I. 2006/1831, 2013/755. Section 78R was inserted by section 57 of the Environment Act 1995 (c. 25).

(2)

S.I. 1997/2778 (N.I. 19), to which there are amendments not relevant to these Regulations.