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Explanatory Memorandum to Waste (Amendment) (Northern Ireland) Order 2007

Main Elements of the Order

10.The 2007 Order has 20 Articles and one Schedule.

Articles 1 and 2 contain introductory provisions.

Articles 3–9 deal with offences relating to the deposit, disposal, etc. of waste. They significantly increase powers to tackle illegal waste activities, including enhanced powers to stop, search and seize vehicles. They also introduce higher financial and custodial penalties for offences as well as introducing new powers for the courts to impose other forms of pecuniary penalties on offenders, including the forfeiture of vehicles.

Articles 10–12 deal with waste collection and disposal, and enhance district councils’ powers to tackle those who fail to use waste receptacles correctly. They also give district councils a new power to serve notice on the owner of land to take such steps as are necessary to remove waste illegally deposited on that land.

Articles 13–16 deal with the transport of waste and introduce enhanced enforcement powers to stop, search and seize vehicles. They also make provision for new requirements relating to the registration of carriers to be introduced through Regulations.

Article 17 gives the Department powers to introduce, by Regulations, a new system requiring the preparation of site waste management plans for construction or demolition projects.

Articles 18–19 deal with enforcement and give the Department stronger powers of entry and a new power to stop a vehicle on a road.

Article 20 deals with minor repeals required as a result of the new provisions introduced by this Order.

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