The Waste and Contaminated Land (Northern Ireland) Order 1997 No. 2778 (NI. 19) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART I INTRODUCTORY
1.Title and commencement
2.General interpretation
PART II WASTE ON LAND
3.Meaning of “fit and proper person”
Prohibition on unauthorised or harmful depositing, treatment or disposal of waste
4.Prohibition on unauthorised or harmful deposit, treatment or disposal, etc., of waste
Duty of care, etc., as respects waste
5.Duty of care, etc., as respects waste
Waste Management Licences
6.Waste management licences: general
7.Compensation where rights granted pursuant to Article 6(4) or 12(9)
8.Grant of licences
9.Consultation before the grant of certain licences
10.Variation of licences
11.Consultation before certain variations
12.Revocation and suspension of licences
13.Surrender of licences
14.Transfer of licences
15.Fees and charges for licences
16.Supervision of licensed activities
17.Appeals from decisions with respect to licences
18.Offences of making false or misleading statements or false entries
Collection, disposal or treatment of controlled waste
19.Waste strategy
20.Collection of controlled waste
21.Receptacles for household waste
22.Receptacles for commercial or industrial waste
23.Waste management plans by district councils
24.Payments for recycling and disposal, etc., of waste
25.Disposal of waste
26.Powers for recycling waste
27.Power of Department to require waste to be accepted, treated, disposed of or delivered
28.Powers to require removal of waste unlawfully deposited
29.Interference with waste sites and receptacles for waste
Special waste and non-controlled waste
30.Special provision with respect to certain dangerous or intractable waste
31.Waste other than controlled waste
Other controls on substances, articles or waste
32.Power to prohibit or restrict the use, supply or storage of injurious substances or articles
33.Power to obtain information about potentially hazardous substances
Publicity
34.Public registers
35.Exclusion from registers of information affecting national security
36.Exclusion from registers of certain confidential information
37.Annual reports
Registration of carriers of controlled waste
38.Offence of transporting controlled waste without registering
39.Registration of carriers
40.Restrictions on power under Article 39
41.Appeals against refusal of registration, etc.
42.Duty to produce authority to transport controlled waste
43.Seizure and disposal of vehicles used for illegal waste disposal
Miscellaneous
44.Obtaining of information
45.Provisions relating to legal proceedings and civil liability
46.Supplementary provisions relating to pipes
47.Transitional provisions with respect to licences
48.This Part and radioactive substances
PART III CONTAMINATED LAND
49.Interpretation of Part III
50.Identification of contaminated land
51.Identification and designation of special sites
52.Referral of special site decisions to the Planning Appeals Commission
53.Duty of enforcing authority to require remediation of contaminated land, etc.
54.Determination of the appropriate person to bear responsibility for remediation
55.Grant of, and compensation for, rights of entry, etc.
56.Restrictions and prohibitions on serving remediation notices
57.Liability in respect of contaminating substances which escape to other land
58.Appeals against remediation notices
59.Offences of not complying with a remediation notice
60.Powers of the enforcing authority to carry out remediation
61.Recovery of, and security for, the cost of remediation by the enforcing authority
62.Special sites
63.Registers
64.Exclusion from registers of information affecting national security
65.Exclusion from registers of certain confidential information
66.Reports by the Department on the state of contaminated land
67.Guidance by the Department concerning contaminated land
68.Supplementary provisions
69.Supplementary provisions with respect to guidance by the Department
70.Interaction of this Part with other statutory provisions
71.This Part and radioactivity
PART IV GENERAL
Supervision and enforcement
72.Powers of enforcing authorities and persons authorised by them
73.Power to deal with cause of imminent danger of serious pollution etc.
74.Offences
Evidence
75.Evidence in connection with certain pollution offences
Information
76.Disclosure of information
Supplemental
77.Power to give effect to Community and other international obligations, etc.
78.Offences by bodies corporate
79.Offences under this Order due to fault of others
80.Application to Crown
81.Financial provision
82.Orders, regulations and directions
83.Amendments and repeals
Signature
SCHEDULES:
Schedule 1
Categories of waste.
Schedule 2
Appeals and decisions referred to the Planning Appeals Commission.
Part I Appeals under Article 17, 41 or 58.
Part II Appeals under Article 36 or 65.
Part III Decisions referred under Article 52.
Schedule 3
Objectives for the purposes of the waste strategy.
Schedule 4
Supplemental provisions with respect to powers of entry.
Schedule 5
Amendments.
Schedule 6
Repeals.
Explanatory Note