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The Waste and Contaminated Land (Northern Ireland) Order 1997


This is the original version (as it was originally made).

  1. Introductory Text


    1. 1.Title and commencement

    2. 2.General interpretation


    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

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

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

    4. 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

    5. Collection, disposal or treatment of controlled waste

      1. 19.Waste strategy

      2. 20.Collection of controlled waste

      3. 21.Receptacles for household waste

      4. 22.Receptacles for commercial or industrial waste

      5. 23.Waste management plans by district councils

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

      7. 25.Disposal of waste

      8. 26.Powers for recycling waste

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

      10. 28.Powers to require removal of waste unlawfully deposited

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

    6. 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

    7. 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

    8. 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

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

    10. 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


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

    10. 58.Appeals against remediation notices

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

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

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

    14. 62.Special sites

    15. 63.Registers

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

    17. 65.Exclusion from registers of certain confidential information

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

    19. 67.Guidance by the Department concerning contaminated land

    20. 68.Supplementary provisions

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

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

    23. 71.This Part and radioactivity


    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. 74.Offences

    2. Evidence

      1. 75.Evidence in connection with certain pollution offences

    3. Information

      1. 76.Disclosure of information

    4. Supplemental

      1. 77.Power to give effect to Community 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. 83.Amendments and repeals

  6. Signature


    1. Schedule 1

      Categories of waste.

    2. Schedule 2

      Appeals and decisions referred to the Planning Appeals Commission.

      1. Part I Appeals under Article 17, 41 or 58.

      2. Part II Appeals under Article 36 or 65.

      3. Part III Decisions referred under Article 52.

    3. Schedule 3

      Objectives for the purposes of the waste strategy.

    4. Schedule 4

      Supplemental provisions with respect to powers of entry.

    5. Schedule 5


    6. Schedule 6


  8. Explanatory Note

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