The Waste and Contaminated Land (Northern Ireland) Order 1997

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. General interpretation

3. PART II WASTE ON LAND

   1. 3. Meaning of “fit and proper person”

   2. Prohibition on unauthorised or harmful depositing, treatment or disposal of waste

      1. 4. Prohibition on unauthorised or harmful deposit, treatment or disposal, etc., of waste

      2. 4A. Fixed penalty notices for offences under Article 4

   3. Duty of care, etc., as respects waste

      1. 5. Duty of care, etc., as respects waste

      2. 5A. Fixed penalty notices for certain offences under Article 5(8)

   4. Provisions relating to offences under Articles 4 and 5

      1. 5B. Article 4 and 5 offences: investigation and enforcement costs

      2. 5C. Article 4 offences: clean-up costs

      3. 5D. Article 4 and 5 offences: forfeiture of vehicles

      4. 5E. Power to search and seize vehicles etc

      5. 5F. Seizure of vehicles etc: supplementary

   5. Electronic waste tracking

      1. 5G. Electronic waste tracking

      2. 5H. Further provision about regulations under Article 5G

   6. Waste Management Licences

      1. 6. Waste management licences: general

      2. 7. Compensation where rights granted pursuant to Article 6(4) or 12(9)

      3. 8. Grant of licences

      4. 9. Consultation before the grant of certain licences

      5. 10. Variation of licences

      6. 11. Consultation before certain variations

      7. 12. Revocation and suspension of licences

      8. 13. Surrender of licences

      9. 14. Transfer of licences

      10. 15. Fees and charges for licences

      11. 16. Supervision of licensed activities

      12. 17. Appeals from decisions with respect to licences

      13. 18. Offences of making false or misleading statements or false entries

   7. Collection, disposal or treatment of controlled waste

      1. 19. Waste management plan

      2. 19A. Application of public participation procedures

      3. 19B. Public participation procedures

      4. 19C. Procedures following public participation

      5. 20. Collection of controlled waste

      6. 20A. Separate collection of food waste

      7. 21. Receptacles for household waste

      8. 22. Receptacles for commercial or industrial waste

      9. 22A. Fixed penalty notices for offences under Articles 21 and 22

      10. 22B. Amount of fixed penalty under Article 22A

      11. 22C. Use of fixed penalty receipts

      12. 23. Waste management plans by district councils

      13. 24. Payments for recycling and disposal, etc., of waste

      14. 25. Disposal of waste

      15. 26. Powers for recycling waste

      16. 27. Power of Department to require waste to be accepted, treated, disposed of or delivered

      17. 28. Power to require removal of waste unlawfully deposited

      18. 28A. The “appropriate person”

      19. 28B. Reserve powers of enforcing authority

      20. 29. Interference with waste sites and receptacles for waste

   8. Special waste and non-controlled waste

      1. 30. Special provision with respect to certain dangerous or intractable waste

      2. 31. Waste other than controlled waste

   9. Other controls on substances, articles or waste

      1. 32. Power to prohibit or restrict the use, supply or storage of injurious substances or articles

      2. 33. Power to obtain information about potentially hazardous substances

   10. Publicity

       1. 34. Public registers

       2. 35. Exclusion from registers of information affecting national security

       3. 36. Exclusion from registers of certain confidential information

       4. 37. Annual reports

   11. Registration of carriers of controlled waste

       1. 38. Offence of transporting controlled waste without registering

       2. 39. Registration of carriers

       3. 40. Restrictions on power under Article 39

       4. 41. Appeals against refusal of registration, etc.

       5. 42. Duty to produce authority to transport controlled waste

       6. 42A. Seizure of vehicles etc: supplementary

       7. 42B. Fixed penalty notices for offences under Article 42

       8. 43. Seizure and disposal of vehicles used for illegal waste disposal

   12. Miscellaneous

       1. 44. Obtaining of information

       2. 45. Provisions relating to legal proceedings and civil liability

       3. 46. Supplementary provisions relating to pipes

       4. 47. Transitional provisions with respect to licences

       5. 48. This Part and radioactive substances

4. PART III CONTAMINATED LAND

   1. 49. Interpretation of Part III

   2. 50. Identification of contaminated land

   3. 51. Identification and designation of special sites

   4. 52. Referral of special site decisions to the Planning Appeals Commission

   5. 53. Duty of enforcing authority to require remediation of contaminated land, etc.

   6. 54. Determination of the appropriate person to bear responsibility for remediation

   7. 55. Grant of, and compensation for, rights of entry, etc.

   8. 56. Restrictions and prohibitions on serving remediation notices

   9. 56A. Restrictions on liability relating to the pollution of waterways and underground strata

   10. 57. Liability in respect of contaminating substances which escape to other land

   11. 58. Appeals against remediation notices

   12. 59. Offences of not complying with a remediation notice

   13. 60. Powers of the enforcing authority to carry out remediation

   14. 61. Recovery of, and security for, the cost of remediation by the enforcing authority

   15. 62. Special sites

   16. 63. Registers

   17. 64. Exclusion from registers of information affecting national security

   18. 65. Exclusion from registers of certain confidential information

   19. 66. Reports by the Department on the state of contaminated land

   20. 67. Guidance by the Department concerning contaminated land

   21. 68. Supplementary provisions

   22. 69. Supplementary provisions with respect to guidance by the Department

   23. 70. Interaction of this Part with other statutory provisions

   24. 71. This Part and radioactivity

5. PART IV GENERAL

   1. Supervision and enforcement

      1. 72. Powers of enforcing authorities and persons authorised by them

      2. 73. Power to deal with cause of imminent danger of serious pollution etc.

      3. 73A. Power of authorised officers of Department to stop vehicles

      4. 74. Offences

   2. Evidence

      1. 75. Evidence in connection with certain pollution offences

   3. Information

      1. 76. Disclosure of information

   4. Charging schemes

      1. 76A. Power to make charging schemes

   5. Supplemental

      1. 77. Power to give effect to assimilated obligations and other international obligations, etc.

      2. 78. Offences by bodies corporate

      3. 79. Offences under this Order due to fault of others

      4. 80. Application to Crown

      5. 81. Financial provision

      6. 82. Orders, regulations and directions

      7. Article 83—Amendments and repeals

6. SCHEDULES

   1. SCHEDULE 1

      1. 1. Production or consumption residues not otherwise specified below.

      2. 2. Off-specification products.

      3. 3. Products whose date for appropriate use has expired.

      4. 4. Materials spilled, lost or having undergone other mishap, including any materials, equipment,

      5. 5. Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations,

      6. 6. Unusable parts (e.g. reject batteries, exhausted catalysts,

      7. 7. Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts,

      8. 8. Residues of industrial processes (e.g. slags, still bottoms,

      9. 9. Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters,

      10. 10. Machining or finishing residues (e.g. lathe turnings, mill scales,

      11. 11. Residues from raw materials extraction and processing (e.g. mining residues, oil field slops,

      12. 12. Adulterated materials (e.g. oils contaminated with PCBs,

      13. 13. Any materials, substances or products whose use has been banned by law.

      14. 14. Products for which the holder has no further use (e.g. agricultural, household, office, commercial and

      15. 15. Contaminated materials, substances or products resulting from remedial action with respect to land.

      16. 16. Any materials, substances or products which are not contained in the above categories.

   2. SCHEDULE 2

      APPEALS AND DECISIONS REFERRED TO THE PLANNING APPEALS COMMISSION

      1. PART I APPEALS UNDER ARTICLE 17, 41 OR 58

         1. 1. This paragraph applies to an appeal to the Planning Appeals Commission ( “the Commission”) under

      2. PART II APPEALS UNDER ARTICLE 36 OR 65

         1. 2. This paragraph applies to an appeal to the Planning Appeals Commission under Article 36(5) or

      3. PART III DECISIONS REFERRED UNDER ARTICLE 52

         1. 4. This paragraph applies where, in accordance with paragraph (1) of Article 52, a district council

   3. SCHEDULE 3

      THE WASTE MANAGEMENT PLAN

      1. Part 1 Objectives

         1. 1. Overall objective

         2. 2. Application of the waste hierarchy

         3. 3. Protection of human health and the environment

         4. 4. Principles of self-sufficiency and proximity

      2. Part 2 Matters which must be included in the waste management plan

         1. 5. Analysis of the current waste management situation etc.

         2. 6. General policies in relation to waste and litter

         3. 7. Policies in relation to packaging waste

         4. 8. Policies in relation to separate collection of waste

         5. 9. Policies in relation to bio-waste

         6. 10. Policies in relation to preparing for re-use

         7. 11. Policies in relation to recycling targets and landfill reduction targets

      3. Part 3 Matters which may be included in the waste management plan

         1. 12. The waste management plan may include provision about any of the following, taking into account

      4. Part 4 Examples of economic instruments and other measures to provide incentives for the application of the waste hierarchy

         1. 13. The economic instruments and other measures referred to in paragraph 2(3) are—

   4. SCHEDULE 4

      SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

      1. Interpretation

         1. Interpretation

            1. 1. In this Schedule “relevant power” means a power conferred by Article 72, including a power

         2. Issue of warrants

            1. 2. If it is shown to the satisfaction of a justice of the peace on complaint

         3. Information obtained to be admissible in evidence

            1. 3. Subject to Article 72(9), information obtained in consequence of the exercise of a relevant power,

         4. Duty to secure premises

            1. 4. An authorised person who, in the exercise of a relevant power, enters on any premises

         5. Compensation

            1. 5. Where an authorised person exercises any power conferred by Article 72(2)(a) or (b) or (3),

   5. Schedule 5—Amendments

   6. Schedule 6—Repeals