The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

PART 3 Amendment of subordinate legislation

Amendment of the Environmental Noise Regulations (Northern Ireland) 2006

29.  The Environmental Noise Regulations (Northern Ireland) 2006(1) are amended as follows.

30.  In regulation 2—

(a) after paragraph (2) insert—

“(2A) For the purpose of these Regulations, a reference to the Directive is to be read as if any reference in that Directive to a member state or competent authority in a provision imposing an obligation on or providing a discretion to a member state or competent authority is to the Northern Ireland department which, immediately before exit day was responsible for compliance with that obligation or exercise of that discretion in Northern Ireland”.

31.  In paragraph (4), for “as amended from time to time” substitute “as it had effect immediately before exit day”.

32.  In regulation 4, at the end insert—

“(6) For the purposes of paragraph (2)(a), a reference to Annex 1 to the Directive is to be read as if, in paragraph (1) of the Directive, in the second subparagraph, in the first indent, the words from “The Member” to the end were omitted”.

33.  In regulation 45—

(a) in paragraph (2)(b), for the words “the Directive” substitute “relevant EU-derived domestic legislation(2)”;

(b) in paragraph (3), for “Article 4 of the Directive” substitute “the relevant EU-derived domestic legislation”.

34.  In regulation 49, omit paragraph (4)(b)(ii) and the preceding “or”.

35.  In Schedule 1—

(a) in paragraph 1—

(i) the existing text is renumbered as sub-paragraph (1);

(ii) at the end insert—

“(2) For the purposes of sub-paragraph (1), the reference to paragraphs 1.5, 1.6 and 2.6 of Annex VI to the Directive is to be read with the following modifications—

(a) in paragraphs 1.5 and 1.6, as if the reference in those paragraphs to “major roads”, “major railways” and “major airports” as defined in Article 3 of the Directive were to “major road”, “major railway” and major airport” as defined in regulation 2(3) of these Regulations;

(b) in paragraphs 1.6 and 2.6, as if the words from “These data” to the end were omitted.”;

(b) in paragraph 2, at the end insert—

“(3) for the purpose of paragraph (1)(a), a reference to Annex IV of the Directive is to be read as if the following were omitted—

(a) in paragraph 4, the first indent;

(b) in paragraph 5, the words from “concerning” to “Commission”;

(c) paragraph 9.”.

Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

36.  The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009(3) are amended as follows.

37.  In regulation 2(2) after the definition of “operator” insert—

““river basin management plan” has the same meaning as in the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017(4).”

38.  After regulation 2(3) insert—

“(4) A reference to Council Directive 1999/31/EC(5) on the landfill of waste shall be construed as a reference to that directive (as amended from time to time) as it had effect immediately before exit day.”.

39.  For regulation 2A substitute—

“2A.   References in Schedule 2 or 3 to EU instruments are to those instruments as they had effect immediately before exit day”.

40.  In regulation 3(4A), omit from “in accordance” to the end.

41.  In regulation 7(1)(b), omit “pursuant to Directive 2000/60/EC”.

42.  In regulation 7(1)(c), omit “pursuant to that Directive”.

43.  In regulation 7(2)(b), omit “required under Article 13 of Directive 2000/60/EC”.

44.  In Schedule 1 in paragraph 1(e), for “or Community-wide” substitute “, national or in their natural range”.

45.  In Schedule 2—

(a) in paragraph 9, after “the Community” insert “or, after exit day, into or out of the United Kingdom”;

(b) after paragraph 10 insert—

“Interpretation

11.   A reference in this Schedule to an activity being authorised, prohibited or managed pursuant to, or subject to a permit or registration under, an EU Directive includes, after exit day, any activity authorised, prohibited or managed pursuant to, or subject to a permit or registration under, any retained EU obligations which transposed that Directive.”.

(1)

S.R. 2006 No. 387 as relevantly amended by S.R. 2018 No. 190

(2)

Relevant EU-derived domestic legislation includes: The Environmental Noise Regulations (Northern Ireland) 2006 (S.R. 2006 No. 387),The Environmental Noise (England) Regulations 2006 (S.I. 2006/2238, as amended by S.I. 2009/1610, S.I. 2010/340 and S.I. 2015/377), The Environmental Noise (Wales) Regulations 2006 (S.I. 2006/2629, (W, 225), as amended by S.I. 2009/47 W,15) and The Environmental Noise (Scotland) Regulations 2006 (S.I. 2006/465)

(3)

S.R. 2009 No. 252 as relevantly amended by S.R. 2009 No. 361, S.R. 2015 No.231

(4)

S.R. 2017 No. 81

(5)

OJ No L 182, 16.7.1999, p. 1