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PART 3Amendment of subordinate legislation

Amendment of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

11.—(1) The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(1) are amended as follows.

(2) In regulation 2(1)—

(a)omit the definition of “Commission Directive (EU) 2015/1127”;

(b)insert in the appropriate place—

““the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2018/851(2);”;

(c)in the definition of “hazardous waste” for “Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives” substitute “the Directive”;

(d)in the definition of “recovery” for “Directive 2008/98/EC, as amended by Commission Directive (EU) 2015/1127” substitute “the Directive”; and

(e)in the definition of “waste” for “Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste” substitute “the Directive”.

(3) For regulation 11(3)(b) substitute—

“(b)waste production is avoided in accordance with the Directive; and, where waste is produced, it is in order of priority and in accordance with the Directive, prepared for re-use, recycled, recovered, or where that is technically and economically impossible, it is disposed of while avoiding or reducing any adverse impact on the environment;”.

(4) In regulation 13(10) for “Directive 2008/98/EC” substitute “the Directive”.

(5) In Schedule 11—

(a)in paragraph 3(3) at the end insert “as last amended by Directive 2018/849(3)”; and

(b)after paragraph 3 insert—

“Waste separately collected for preparing for re-use and recycling not to be incinerated

4.—(1) Every environmental permit which authorises a waste co-incineration plant or a waste incineration plant is deemed to contain the following condition, unless such a condition in the same terms as that condition is included in the permit.

(2) The condition is that the operator must not accept—

(a)any waste paper, metal, plastic or glass for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; and

(b)subject to sub-paragraph (3), any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless incineration of that waste delivers the best environmental outcome in accordance with regulation 17 of the Waste Regulations (Northern Ireland) 2011.

(3) The treatment referred to in sub-paragraph (2)(b) must not be treatment that contravenes sub-paragraph (2)(a) or regulation 9A(2)(a) of the Landfill Regulations (Northern Ireland) 2003(4).”.

(1)

S.R. 2013 No.160; relevant amending Regulations are S.R. 2016 No.95 and S.R. 2018 No.200.

(2)

OJ No. L150, 14.6.2018, p. 109–140

(3)

OJ No. L150, 14.6.2018, p. 93–99