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The Waste and Contaminated Land (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

Public registers

34.—(1) Subject to Articles 35 and 36, the Department shall maintain a register containing prescribed particulars of or relating to—

(a)current or recently current licences (“licences”) granted by the Department;

(b)current or recently current applications to the Department for licences;

(c)applications made to the Department under Article 10 for the modification of licences;

(d)notices issued by the Department under Article 10 effecting the modification of licences;

(e)notices issued by the Department under Article 12 effecting the revocation or suspension of licences or imposing requirements on the holders of licences;

(f)appeals under Article 17 relating to decisions of the Department;

(g)certificates of completion issued by the Department under Article 13(8);

(h)notices issued by the Department imposing requirements on the holders of licences under Article 16(4);

(i)convictions of the holders of licences granted by the Department for any offence under this Part (whether in relation to a licence so granted or not);

(j)the occasions on which the Department has discharged any function under Article 16;

(k)such matters relating to the treatment, keeping or disposal of waste or any pollution of the environment caused thereby as may be prescribed;

and any other document or information required to be kept in the register under any provision of this Part.

(2) Where information of any description is excluded from any register under Article 36, a statement shall be entered in the register indicating the existence of information of that description.

(3) For the purposes of paragraph (1) licences are “recently” current for the period of 12 months after they cease to be in force and applications for licences are “recently” current if they relate to a licence which is current or recently current or, in the case of an application which is refused, for the period of 12 months from the date on which the Department gives notice of refusal or, as the case may be, on which the application is deemed by Article 8(6) to have been refused.

(4) Each district council shall maintain a register containing prescribed particulars of such information contained in any register maintained under paragraph (1) as relates to the treatment, keeping or disposal of controlled waste in the district of the council.

(5) The Department shall furnish district councils with the particulars necessary to enable them to comply with paragraph (4).

(6) The Department and each district council—

(a)shall secure that any register maintained under this Article is open to inspection by members of the public free of charge at all reasonable hours; and

(b)shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register;

and, for the purposes of this paragraph, places may be prescribed at which any such registers or facilities as are mentioned in sub-paragraphs (a) or (b) are to be available or afforded to the public in pursuance of the sub-paragraph in question.

(7) Registers under this Article may be kept in any form.

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