The Environment (Northern Ireland) Order 2002

Article 53(1)

SCHEDULE 5 AMENDMENTS

Part POLLUTION PREVENTION AND CONTROL

The Public Health (Ireland) Act 1878 (c. 52)

In section 108 for the words from “; but a district council shall not” to the end there shall be substituted

“; but a district council shall not, without the consent of the Department of the Environment, institute proceedings under this Part in respect of a nuisance to which section 107 applies by virtue of paragraph (4) or (7) of that section or Article 23 of the Clean Air (Northern Ireland) Order 1981, if proceedings in respect thereof might be instituted under—

(a) regulations under Article 4 of the Environment (Northern Ireland) Order 2002; or

(b) the Industrial Pollution Control (Northern Ireland) Order 1997”.

The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)

2.  In Part II of Schedule 2, after paragraph 5(2) add—

“(3) Use for any of the following processes (except a process ancillary to the getting, dressing or treatment of minerals, carried on in or adjacent to a quarry or mine)—

(a) converting, re-heating, annealing, hardening, melting, carburising, forging or casting of iron or other metals or alloys;

(b) recovering of metal from scrap or drosses or ashes;

(c) galvanising;

(d) pickling or treatment of metal in acid; or

(e) chromium plating.”.

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

3.—(1) In Article 55(4)(a) after “part of” insert “an installation or plant subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 or”.

(2) In Article 55(4) for sub-paragraph (b) substitute—

“(b) of the inspectors appointed under the Industrial Pollution Control Order or the regulations mentioned in sub-paragraph (a) to enforce those provisions in relation to such furnaces”.

(3) In Article 56(1) after “unless the” insert “burning is part of an activity subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 or the”.

(4) For Article 56(2) substitute—

“(2) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

(5) In Article 57(4) after “emissions from any” insert “activity subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 or any”

(6) In Article 58 after paragraph (2) insert—

“(2AA) If the notice relates to an installation or plant subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002, the person on whom the notice is served shall not be obliged to supply any information which, as certified by an inspector appointed under those regulations, is not of a kind which is being supplied to the inspector for the purposes of those regulations.”.

The Merchant Shipping Act 1995 (c. 21)

4.  In section 136A at the end add “or an authorisation or permit granted under any corresponding provisions of the law of Northern Ireland”.

The Finance Act 1996 (c. 8)

5.  In section 66 (ba) after “1999” insert “or under regulations under Article 4 of the Environment (Northern Ireland) Order 2002”.

The Water (Northern Ireland) Order 1999 (NI 6)

6.—(1) In Article 10(1) after sub-paragraph (b) insert—

“(bb) regulations under Article 4 of the Environment (Northern Ireland) Order 2002;”.

(2) In Article 10(2) after sub-paragraph (c) insert—

“(d) a permit granted under regulations under Article 4 of the Environment (Northern Ireland) Order 2002;”.

(3) In Article 30(1)(n) after “register” insert “under regulations made under Article 4 of the Environment (Northern Ireland) Order 2002 or;”

PART II AIR QUALITY

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

7.  In Article 4(1) (traffic regulation orders), at the end add

“or

(g) for any of the purposes specified in sub-paragraphs (a) to (c) of paragraph (1) of Article 15 of the Environment (Northern Ireland) Order 2002.”.

The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)

8.  In Article 7(12) (conditions of authorisations) at the end add

“and

(f) Article 15 of the Environment (Northern Ireland) Order 2002.”.

PART III AREAS OF SPECIAL SCIENTIFIC INTEREST

The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)

9.  In Article 16(1)(a) after “or under” insert “Article 41 of the Environment (Northern Ireland) Order 2002”.

The Planning (Northern Ireland) Order 1991 (NI 11)

10.  In Article 18(1)(b)(iii) for “Article 24 of that Order” substitute “Article 28 of the Environment (Northern Ireland) Order 2002”.