http://www.legislation.gov.uk/nia/2016/13/bodyEnvironmental Better Regulation Act (Northern Ireland) 2016An Act to Enable provision to be made for protecting and improving the environment; to provide for an integrated environmental permitting system; to provide for a review of powers of entry and associated powers and for the repeal or rewriting of such powers and for safeguards in relation to them; to provide for the repeal or rewriting of offences connected with the exercise of any such powers and for the preparation of a code of practice in connection with such exercise; to amend the Clean Air (Northern Ireland) Order 1981 to provide for a new method for authorising fuels for use in a smoke control area and for exempting fireplaces from the provisions of Article 17 of that Order; to amend the Environment (Northern Ireland) Order 2002 to remove the requirement on district councils to make an assessment of air quality under Article 13 of that Order; to amend the Water and Sewerage Services (Northern Ireland) Order 2006 to transfer certain functions to the Department of the Environment from the Department for Regional Development; and for connected purposes.texttext/xmlenStatute Law Database2024-02-21Expert Participation2024-01-01 PART 1 11The purpose of this Part is to enable provision to be made for or in connection with protecting and improving the environment, including (but not limited to) the following—aregulating environmental activities;bimplementing assimilated obligations relating to protecting and improving the environment;cimplementing international obligations of the United Kingdom relating to protecting and improving the environment.2In subsection (1) “international obligations” has the same meaning as in the Northern Ireland Act 1998.21The Department, by regulations, may make provision for, or in connection with, any of the matters specified in Schedule 1.2In accordance with section 1, the provision that may be made by regulations under this section is provision for or in connection with protecting and improving the environment, including (but not limited to) any of the matters mentioned in paragraphs (a) to (c) of subsection (1) of that section.3The regulations may provide for specified provisions of the regulations to have effect in relation only to—aspecified regulated activities;bthe carrying on of regulated activities in specified circumstances; orcthe carrying on of regulated activities by specified persons or classes of person.4The regulations may—amodify any statutory provision or document;bin making different provision for different purposes, make different provision for different cases, persons, circumstances or areas;cprovide for the delegation of functions; ordimpose requirements in relation to any standards or other matters set out in such documents as may be specified in the regulations.5The regulations may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying statutory provisions) as the Department considers necessary or expedient.31Before making any regulations under section 2, the Department must consult—aany regulator on whom the proposed regulations would confer functions; andbsuch other persons, including persons appearing to it to be representative of the interests of district councils, industry, agriculture, fisheries or small businesses, as it considers appropriate.2Consultation undertaken before the coming into operation of this section is as effective compliance with subsection (1) as if undertaken after its coming into operation.4The Department must, in making regulations under section 2, have as anobjective reducing the regulatory and administrative burden on persons carrying on regulated activities to the greatest extent possible consistent with protecting and improving the environment.51General environmental rules specified in, or made under, the regulations under section 2 pursuant to paragraph 4(3)(c) of Schedule 1 may—aimpose conditions or requirements;bprescribe standards or objectives to be complied with or achieved; orcrequire standards or objectives specified in or under other statutory provisions to be complied with or achieved.2Before making any general environmental rules in accordance with a procedure specified under paragraph 4(5) of Schedule 1, the Department must—apublish a draft of the proposed rules;bpublicise the opportunity to make representations about the proposed rules under subsection (3) in such manner as the Department thinks fit; andcmake copies of the proposed rules available for public inspection for such period, which must be at least 28 days, as the Department may determine.3Any person who wishes to make a representation about the proposed rules to the Department may do so within the period determined under subsection (2)(c).4The Department must, in making the rules, have regard to any representations on the proposed rules received by it within that period.6In this Part—“activities” means activities of any nature, whether industrial, commercial or otherwise and whether carried on in particular premises or otherwise and includes (with or without other activities) the production, treatment, keeping, transportation, depositing or disposal of any substance;“archaeological object” has the same meaning as in the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995;“energy efficiency” means the ratio of output of performance, service, goods or energy, to input of energy;“environmental activities” means—activities that are capable of causing, or liable to cause, environmental harm; oractivities connected with such activities;“environmental harm” means—harm to the health of human beings or other living organisms;harm to the quality of the environment, including—harm to the quality of the environment taken as a whole;harm to the quality of air, water or land; andother impairment of, or interference with, ecosystems, biodiversity, geodiversity, habitats, species, historic monuments, archaeological objects or protected landscapes;offence to the senses of human beings;damage to property; orimpairment of, or interference with, amenities or other legitimate uses of the environment;“historic monuments” has the same meaning as in the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995;“protecting and improving the environment” includes—preventing deterioration (or further deterioration) of, and protecting and enhancing, the status of ecosystems, biodiversity, geodiversity, habitats, species, historic monuments, archaeological objects or protected landscapes;promoting the sustainable use of natural resources based on the long-term protection of available natural resources; andpromoting and enhancing the energy efficiency of regulated activities;“regulated activities” means any environmental activities in respect of which provision may be made by regulations under section 2;“regulator” means any person by whom functions conferred by the regulations for, or in connection with, regulating regulated activities are, or are to be, exercisable. PART 2 7The Department, by regulations, may amend, repeal or revoke any statutoryprovision under which it has any function to the extent necessary to remove from it any of the following that it considers to be unnecessary or inappropriate—aa power of entry or associated power;ban offence connected with the exercise of such a power of a kind mentioned in section 9(1)(b).81The Department, by regulations, may provide for safeguards in relation to any power of entry or associated power contained in any statutory provision under which it has any function.2Such safeguards may include, in particular—arestrictions as to the premises over which the power may be exercised;brestrictions as to the times at which the power may be exercised;crestrictions as to the number or description of persons who may exercise the power;da requirement for a judicial or other authorisation before the power may be exercised;ea requirement to give notice within a particular period before the power may be exercised;fother conditions which must be met before the power may be exercised;gmodifications of existing conditions which must be met before the power may be exercised;hother restrictions on the circumstances in which the power may be exercised;inew obligations on the person exercising the power which must be met before, during or after its exercise;jmodifications of existing obligations on the person exercising the power which must be met before, during or after its exercise; andkrestrictions on any power to use force, or any other power, which may be exercised in connection with the power of entry or associated power.91The Department, by regulations, may rewrite (with or without modifications)—apowers of entry or associated powers contained in any statutory provision under which it has any function or any aspects of any such powers;boffences connected with the exercise of any such powers, including (but not limited to) offences of—iobstructing a person in the exercise of a power of entry or associated power;iifailing or refusing to provide facilities, assistance or information to a person exercising a power of entry or associated power; andiiifalsely pretending to be a person authorised to exercise a power of entry or associated power; orcstatutory provisions relating to, or connected with, any such powers or aspects.2The power under subsection (1) to rewrite a power of entry or associated power includes—athe power to remove an aspect of such a power without replacing it; andbthe power to attach an offence of a kind mentioned in subsection (1)(b) to the exercise of such a power even if such an offence did not exist in relation to that power immediately before the changes made by the regulations.3The power under subsection (1) to rewrite an offence connected with the exercise of a power of entry or associated power includes the power to provide for the offence to be—atriable only summarily or either summarily or on indictment;bpunishable on summary conviction by—iimprisonment for a term not exceeding such period as is specified (which must not exceed 3 months);iia fine not exceeding such amount as is specified (which must not exceed level 5 on the standard scale for an offence that is triable only summarily or the statutory maximum for an offence that is triable summarily or on indictment); oriiiboth; orcpunishable on conviction on indictment by—iimprisonment for a term not exceeding such period as is specified (which must not exceed 2 years); oriia fine; oriiiboth.4Subsection (3) applies irrespective of whether the mode of trial provided for the offence is different to the mode of trial, or the penalty provided for the offence is greater or lesser than the penalty, applicable to the offence immediately before the changes made by the regulations.5But regulations under this section may not alter the effect of—aa power of entry or associated power; orbany safeguard relating to, but not forming part of, such a power—unless, on or after the changes made by the regulations, the safeguards in relation to the power, taken together, provide a greater level of protection than any safeguards applicable immediately before the changes.101The Department must, within the period of two years beginning with the day on which this section comes into operation—areview powers of entry and associated powers contained in any statutory provision under which it has any function with a view to deciding whether to make regulations under section 7, 8(1) or 9(1) in relation to any of them;bprepare a report of that review; andclay a copy of the report before the Assembly.2A failure by the Department to comply with a duty under subsection (1) in relation to a power of entry or associated power does not affect the validity of the power.11Before making any regulations under section7, 8(1) or 9(1) in relation to a power of entry or associated power or an offence connected with the exercise of any such power, the Department must consult—asuch persons appearing to the Department to be representative of the views of persons entitled to exercise the power of entry or associated power as it considers appropriate; andbsuch other persons as the Department considers appropriate.12Regulations under section7, 8(1) or 9(1) may—amodify any statutory provision; orbcontain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying statutory provisions) as the Department considers necessary or expedient.131The Department must prepare a code of practice in connection with the exercise by the Department, a district council or any other person of a power of entry or associated power contained in any statutory provision under which the Department has any function.2After preparing a draft of the code the Department—amust publish the draft in any manner that it considers appropriate and invite representations regarding the draft;bmust consider any representations made to it regarding the draft; andcmay amend the draft accordingly.3After the Department has proceeded under subsection (2) it must cause a draft of the code to be laid before the Assembly.4If within the statutory period beginning with the day on which a copy of the draft is laid before the Assembly, the Assembly so resolves, no further steps may be taken in relation to the draft.5Nothing in subsection (4) prevents a new draft being prepared and dealt with in accordance with this section, including subsection (3).6If the Assembly does not resolve as mentioned in subsection (4), the Department must publish the code in any manner that it considers appropriate.7The Department must from time to time review the code and, if it considers it appropriate to do so, revise the code.8Subsections (1) to (7) apply to a revision of the code in the same way as they apply to its preparation.9A person who exercises a power of entry or associated power of a kind mentioned in subsection (1) must have regard to a code of practice published and in force under this section that relates to the exercise of that power.10A failure on the part of any person to have regard to a code of practice in exercising a power of entry or associated power of a kind mentioned in subsection (1) does not of itself make that person liable to criminal or civil proceedings.11A code of practice is admissible in evidence in any such proceedings.12A court or tribunal may, in particular, take into account a failure by a person to have regard to a code of practice in determining a question in any such proceedings.141In this Part—“associated power” means any power which—is contained in a statutory provision;is connected with a power of entry; andis a power—to do anything on, or in relation to, the land or other premises entered under the power of entry;to do anything in relation to any person, or anything, found on the land or other premises entered under the power of entry; orotherwise to do anything in connection with the power of entry—and includes any safeguard that forms part of the associated power;“power of entry” means a power (however expressed) in any statutory provision to enter land or other premises, and includes any safeguard that forms part of the power;“premises” includes—any land;any vehicle, vessel, aircraft or hovercraft; andany tent or movable property.2A reference in this Part to a function of the Department under a statutory provision is a reference to a function that is related to environmental activities, or to protecting and improving the environment, within the meaning of Part 1 and includes—aa function of the Department of such a kind that is exercisable by a district council or any other person; andba function of such a kind that a district council or any other person has under any statutory provision. PART 3 151In Article 2(2) of the Clean Air (Northern Ireland) Order 1981 (interpretation), for the definition of “authorised fuel” substitute—“authorised fuel” means a fuel that is included on a list of authorised fuels kept by the Department under Article 17(3A);.2After Article 17(3) of the Clean Air (Northern Ireland) Order 1981 (smoke control areas) insert—3AThe Department must keep a list of authorised fuels for thepurposes of this Article.3BThe Department, having regard (among other things) to the sulphurcontent of a fuel, may include the fuel on the list of authorised fuels.3CThe Department must publish in such manner as it considers appropriate—athe list of authorised fuels; andba revised copy of the list as soon as is reasonably practicable after any change is made to it..16For Article 17(7) of the Clean Air (Northern Ireland) Order 1981 (smokecontrol areas) substitute—7The Department may exempt any class of fireplace from theprovisions of this Article if it is satisfied that such class of fireplace can be used for burning fuel, other than authorised fuels, without producing any smoke or a substantial quantity of smoke.7AAn exemption under paragraph (7) may be made subject to suchconditions as the Department considers appropriate.7BThe Department must publish in such manner as it considersappropriate—aa list of those classes of fireplace that are exempt under paragraph (7), including details of any conditions to which an exemption is subject; andba revised copy of the list as soon as is reasonably practicable after any change is made to the classes of fireplace that are so exempt or to the conditions to which an exemption is subject.. PART 4 171Article 13 of the Environment (Northern Ireland) Order 2002 (further provisions in relation to designated areas) is amended as follows.2Paragraph (1) ceases to have effect.3In paragraph (2) for the expression beginning “A district council” and ending “(b)” substitute “ Where an order under Article 12 comes into operation, the district council which made the order shall ”.4After paragraph (3)(a) insert “ and ”.5Paragraphs (3)(b) and (c) cease to have effect.6In paragraph (5), for “paragraph (2)(b)” substitute “ paragraph (2) ”.181The Environment (Northern Ireland) Order 2002 is amended as follows.2In Article 16(1)(b) (recommendations and guidance) omit the words “or 13”.3In Article 18(1)(b) (financial assistance) omit the words “or 13”.4In Article 27(1) (interpretation of this Part), in the definition of “action plan”, for “Article 13(2)(b)” substitute “ Article 13(2) ”.5In paragraphs 1(1)(b) and 4(2)(b) of Schedule 2 (air quality: supplemental provisions) omit the words “or 13”. PART 5 191The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.2After Article 30(6)(c)(i) (orders for securing compliance with certain provisions) insert—iaDOE;.3In Article 30(6)(c)(iii) for “either” substitute “ any ”.4In Article 30(7), in the definition of “enforcement authority”, for paragraph (a) substitute—athe Department;abDOE; or.5In Article 31(2)(a) and (b) after “Department” insert “ or DOE ”.6In Article 108(5) (duties of water undertakers with respect to water quality), for “the Department” substitute “ DOE ”.7In Article 110(4) (offence of supplying water unfit for human consumption), for “the Department” substitute “ DOE ”.8In Article 124(1) (rights of entry) omit the words “the Department or”.9In Article 267(3)(a) (provision of false information), for “of any provision” substitute “ provision in Articles 107 to 112 or ”.10In Article 300(2)(a) (regulations) for “or by the Authority, or by either” substitute “ or by DOE or by the Authority, or by any ”.11In Article 300(2)(e)(iii) (regulations) after “the Department,” insert “ DOE, ”.201The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.2In Article 107(1) (standards of wholesomeness)—afor “The Department” substitute “ DOE ”; andbafter “water undertaker” insert “ or by means of a private supply ”.3Article 107(2) ceases to have effect.4In Article 107(3)—afor “paragraphs (1) and (2)” substitute “ paragraph (1) ”;bin sub-paragraph (e), for “the Department (in the case of regulations under paragraph (1)) or DOE (in the case of regulations under paragraph (2))” substitute “ DOE ”.5In Article 109(1) (regulations for preserving water quality), for “The Department” substitute “ DOE ”.6In Article 109(3) for “the Department” substitute “ DOE ”.7In Article 109(5) for “The Department” substitute “ DOE ”.8Article 117 (functions of the Department where piped supplies insufficient or unwholesome) ceases to have effect.211Article 125 of the Water and Sewerage Services (Northern Ireland) Order 2006 (assessors for the enforcement of water quality) is amended as follows.2In paragraph (1) for “The Department” substitute “ DOE ”.3In paragraph (1)(a) omit the words “and 117”.4In paragraphs (1)(a) and (b) omit the words “and sufficiency”.5In paragraph (1)(b) for “the Department” substitute “ DOE ”.6In paragraph (3) for “the Department and DOE (acting jointly)” substitute “ DOE ”.7In paragraph (4) for “the Department” (wherever occurring) substitute “ DOE ”.8In paragraph (4)(a)(i) omit the words “or Article 117”.9In paragraph (4)(a)(ii) omit the words “and 117”.10In paragraph (7)—aafter “paragraph (1)” insert “ or (2) ”;bfor “the Department” substitute “ DOE ”;cin sub-paragraph (a), after “paragraph (4)” insert “ or (5) ”; anddin sub-paragraph (c), omit the words “or Article 117”.11Paragraph (8) ceases to have effect.12In paragraph (9) omit the words “or (8)”.13In paragraph (11) omit the words “and sufficiency”.221The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.2In Article 259(2) and (7) (publication of certain information and advice), for “its private supply functions” substitute “ its functions relating to the supply of water for domestic or food production purposes ”.3For Article 259(8) substitute—8References in this Article to the functions of DOE relating to the supply of water for domestic or food production purposes are to its functions under Articles 107 to 112 and 118 to 125..23After Article 302 of the Water and Sewerage Services (Northern Ireland)Order 2006 insert—302A1The amendment of any provision of this Order made by section 19 of the 2016 Act does not affect anything done by the Department before the commencement of that section that, on or after that commencement, could only have been done by DOE and any such thing has the same effect as if it had been done by DOE.2The amendments of Articles 107 and 109 made by section20 of, and Schedule 2 to, the 2016 Act do not affect any regulations made by the Department under those Articles and in force immediately before the commencement of that section and Schedule and any such regulations have the same effect as if they had been made by DOE and as if any reference in them to the Department were a reference to DOE.3The amendment of Article 124(1) made by Schedule 2 to the 2016 Act does not affect a designation made by the Department for the purpose of Article 124(1) and in force under that Article immediately before the commencement of that Schedule and any such designation has the same effect as if it had been made by DOE.4The amendments of Article 125 made by section21 of, and Schedule 2 to, the 2016 Act do not affect an appointment of an inspector made by the Department, or an appointment of a person as the Chief Inspector of Drinking Water made jointly by the Department and DOE, under that Article and in force under that Article immediately before the commencement of that section and Schedule and any such appointment has the same effect as if it had been made by DOE.5This Article is additional to, and does not take away from, theInterpretation Act (Northern Ireland) 1954.6In this Article “the 2016 Act” means the Environmental BetterRegulation Act (Northern Ireland) 2016.. PART 6 241Except as provided by subsection (2), regulations made by the Department under this Act are subject to negative resolution.2The following regulations may not be made unless a draft of them has been laid before, and approved by a resolution of, the Assembly—athe first regulations to be made under section 2;bregulations under section 2, 7 or 9(1) containing any provision that creates an offence or increases a penalty for an existing offence;cregulations under section 2, 7, 8(1) or 9(1) containing any provision that amends or repeals any Northern Ireland legislation.3An order may not be made by the Department under section 27(2) that contains any provision that modifies any Northern Ireland legislation unless a draft of it has been laid before, and approved by a resolution of, the Assembly.25In this Act—“Department” means Department of the Environment;“modify”, in relation to a statutory provision, includes amend, repeal and revoke;“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954.261The statutory provisions set out in Schedule 2 are repealed to the extent specified in the second column of that Schedule.2The statutory provisions set out in Schedule 3 are revoked to the extent specified in the second column of that Schedule.271This Act, except Parts 1, 2 and 3 and section 26(2), comes into operation on the day after Royal Assent.2The provisions of Parts 1, 2 and 3 and section 26(2) come into operation on such day or days as the Department may by order appoint.3An order under subsection (2) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying statutory provisions) as the Department considers necessary or expedient.28This Act may be cited as the Environmental Better Regulation Act (NorthernIreland) 2016.S. 26 partly in operation; s. 26(1) in operation at 12.4.2016 see s. 27(1)S. 7 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 8 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 9 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 10 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 11 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 12 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 13 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 14 in operation at 1.5.2016 by S.R. 2016/212, art. 2S. 15 in operation at 10.10.2016 by S.R. 2016/332, art. 2S. 16 in operation at 10.10.2016 by S.R. 2016/332, art. 2S. 26(2) in operation at 10.10.2016 by S.R. 2016/332, art. 2Words in s. 1(1)(b) substituted (31.12.2020) by The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584), regs. 1, 27; 2020 c. 1, Sch. 5 para. 1(1)Word in s. 1(1)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 86(2)(a)