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Regulation 3
1. The operation of installations subject to permit in pursuance of Directive [F12010/75/EU] of the European Parliament and of the Council concerning integrated pollution prevention and control(1) (all activities listed in Annex I to that Directive with the exception of installations or parts of installations used for research, development and testing of new products and processes).
Textual Amendments
F1Word in Sch. 2 para. 1 substituted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(a)
Commencement Information
I1Sch. 2 para. 1 in operation at 24.7.2009, see reg. 1
2.—(1) Waste management operations, including the collection, transport, recovery and disposal of waste and hazardous waste, including the supervision of such operations and after-care of disposal sites, subject to permit or registration in pursuance of Council [F2Directive 2008/98/EC of the European Parliament and of the Council on waste][F3, as last amended by Directive (EU) 2018/851].
[F4(2) The operation of landfill sites under Council Directive 1999/31/EC as amended by Directive (EU) 2011/97/EU and the operation of incineration plants under Directive 2010/75/EU of the European Parliament and of the Council.]
(3) This does not include the spreading of sewage sludge from urban waste water treatment plants, treated to an approved standard, for agricultural purposes.
Textual Amendments
F2Words in Sch. 2 para. 2(1) substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 70(2)(a) (with reg. 9(2))
F3Words in Sch. 2 para. 2(1) inserted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 9(2)
F4Sch. 2 para. 2(2) substituted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(b)
Commencement Information
I2Sch. 2 para. 2 in operation at 24.7.2009, see reg. 1
3. The management of extractive waste under Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(2).
Commencement Information
I3Sch. 2 para. 3 in operation at 24.7.2009, see reg. 1
4.—(1) All discharges into the inland surface water that require prior authorisation in pursuance of [F5Directive 2000/60 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.]
(2) All discharges of substances into groundwater that require prior authorisation in pursuance of [F6Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.]
(3) All discharges or injections of pollutants into surface water or groundwater that require a permit, authorisation or registration under Directive 2000/60/EC(3).
Textual Amendments
F5Words in Sch. 2 para. 4(1) substituted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(c)
F6Words in Sch. 2 para. 4(2) substituted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(d)
Commencement Information
I4Sch. 2 para. 4 in operation at 24.7.2009, see reg. 1
5. Water abstraction and impoundment of water subject to prior authorisation in pursuance of Directive 2000/60/EC.
Commencement Information
I5Sch. 2 para. 5 in operation at 24.7.2009, see reg. 1
6. Manufacture, use, storage, processing, filling, release into the environment and onsite transport of—
(a)dangerous substances as defined in Article 2(2) of Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances(4) [F7as last amended by Commission Regulation (EU) 2017/776];
(b)dangerous preparations as defined in Article 2(2) of Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(5) [F8as last amended by Commission Regulation (EU) 2017/776];
(c)plant protection products as defined in Article 2(1) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(6);
[F9(d)biocidal products as defined in Article 3(1)(a) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products]
Textual Amendments
F7Words in Sch. 2 para. 6(a) added (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(e)
F8Words in Sch. 2 para. 6(b) added (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(f)
F9Sch. 2 para. 6(d) substituted (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(1), 25, Sch. 4 para. 5(2) (with regs. 3, 19)
Commencement Information
I6Sch. 2 para. 6 in operation at 24.7.2009, see reg. 1
7. Transport by road, rail, inland waterways, sea or air of dangerous goods or polluting goods as defined in—
[F10(a)Annex 1 to Directive 2008/68/EC of the European Council and of the Council on inland transport of dangerous goods as last amended by Commission Directive (EU) 2016/2309;
(b)Annex II to that Directive;
(c)Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic information system and repealing Council Directive 93/75/EC as last amended by Commission Directive 2014/100/EU.]
Textual Amendments
F10Sch. 2 paras. 7(a)-(c) substituted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(g)
Commencement Information
I7Sch. 2 para. 7 in operation at 24.7.2009, see reg. 1
8.—(1) Any contained use, including transport, involving genetically modified organisms (including genetically modified micro-organisms) as defined by [F11Directive 2009/41/EC of the European Parliament and the Council] on the contained use of genetically modified micro-organisms(7).
(2) Any deliberate release into the environment, transport and placing on the market of genetically modified organisms as defined by Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms(8) [F12as last amended by (EU) 2015/412 of the European Parliament and of the Council].
Textual Amendments
F11Words in Sch. 2 para. 8(1) substituted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(h)
F12Words in Sch. 2 para. 8(2) added (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 1 para. 26(i)
Commencement Information
I8Sch. 2 para. 8 in operation at 24.7.2009, see reg. 1
9. Transboundary shipment of waste within, into or out of the [F13European Union] [F14or, after exit day, into or out of the United Kingdom], requiring an authorisation or prohibited under Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (9).
Textual Amendments
F13Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10
F14Words in Sch. 2 para. 9 inserted (31.12.2020) by virtue of The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584), regs. 1, 45(a); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I9Sch. 2 para. 9 in operation at 24.7.2009, see reg. 1
10. The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.]
Textual Amendments
11. A reference in this Schedule to an activity being authorised, prohibited or managed pursuant to, or subject to a permit or registration under, an EU Directive includes, after exit day, any activity authorised, prohibited or managed pursuant to, or subject to a permit or registration under, any retained EU obligations which transposed that Directive.]
Textual Amendments
O.J. No. L24, 29.01.08, p.8
O.J. No. L102, 11.04.06, p.15
O.J. No. L327, 22.12.00, p.1 (as amended by Directive 2008/105/EC of the European Parliament and of the Council, O.J. No. L348, 24.12.08, p.84)
O.J. No. L196, 16.8.67, p.1 (as last amended by Regulation (EC) No 2008/1272 of the European Parliament and of the Council , O.J. No. L353, 31.12.08, p.1)
O.J. No. L 200, 30.7.99, p.1 (as last amended by Regulation (EC) No 2008/1272 of the European Parliament and of the Council , O.J. No. L353, 31.12.08, p.1)
O.J. No. L 230, 19.8.91, p.1 (as last amended by Commission Directive 2008/127/EC, O.J. No. L344, 20.12.08, p.89)
O.J. No. L117, 08.05.90, p.1 (as last amended by Commission Decision 2005/174/EC, O.J. No. L59, 5.3.05, p.20)
O.J. No. L106, 17.04.01, p.1 (as last amended by Directive 2008/27/EC of the European Parliament and of the Council, O.J. No. L81, 20.3.08, p.45)
O.J. No. L190, 12.07.06, p.1 (as last amended by Commission Regulation (EC) No 669/2008, O.J. No. L188, 16.7.08, p.7)