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The Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111188217

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union, Northern Ireland

Environmental Protection, Northern Ireland

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 1(1) of Schedule 7 to that Act a draft has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c.16

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of primary legislation
  4. 2Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  5. Part 3: Amendment of subordinate legislation
  6. 3Amendment of the Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019
  7. 4Amendment of the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
  8. 5Amendment of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019
  9. Signature
  10. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

(2)

Parts 1 and 3 come into force on the day on which these Regulations are made.

(3)

Part 2 comes into force on exit day.

(4)

These Regulations extend to Northern Ireland only.

2Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Schedule 3 to the Waste and Contaminated Land (Northern Ireland) Order 1997f1, in paragraph 4(1), omit “, taking into account the best available techniques”.

3Amendment of the Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

In regulation 5(3) of the Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019f1, in the inserted text of regulation 9D, for paragraph (8) substitute—

“(8)

In Article 16—

(a)

in paragraph 1, in the first sub-paragraph—

(i)

the words from “,in cooperation with” to “advisable,” were omitted; and

(ii)

“,taking into account the best available techniques” were omitted; and

(b)

in paragraph 2—

(i)

for “Community as a whole to become” there were substituted “United Kingdom as a whole to move towards the aim of becoming”; and

(ii)

the words “and to enable Member States to move towards that aim individually,” were omitted.”.

4Amendment of the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

In paragraph 11 of Schedule 3 to the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019f1, for sub-paragraph (10) substitute—

“(10)

Article 16 is to be read as if—

(a)

for paragraph 1 there were substituted—

  • “The United Kingdom shall take appropriate measures to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collections also covers such waste from other producers.”;

(b)

in paragraph 2—

(i)

for “Community as a whole to become” there were substituted “United Kingdom as a whole to move towards the aim of becoming”; and

(ii)

the words “and to enable Member States to move towards that aim individually,” were omitted. ”.

5Amendment of the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

In the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019f1, in regulation 14(a), for “become” substitute “move towards the aim of becoming”.

Signature

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular the deficiencies referred to in paragraphs (a), (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 makes an amendment to Schedule 3 to the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778).

Regulation 3 makes an amendment to the Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/271).

Regulation 4 makes an amendment to the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289).

Regulation 5 makes an amendment to the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584).

An impact assessment has not been produced for this instrument as no, or no significant impact on the private or voluntary sector is foreseen.