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

S.I. 2019/584 · Made 14 March 2019 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union, Northern Ireland

Environmental Protection, Northern Ireland

Made 14th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations under section 8(1) of and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 M1.

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

Annotations to the whole text

Marginal citations

M1

2018 c.16

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Regulation 2
  4. Part 2: Amendment of primary legislation
  5. 3Amendment of the Genetically Modified Organisms (Northern Ireland) Order 1991
  6. 4Regulation 4
  7. 5Amendment of the Industrial Pollution Control (Northern Ireland) Order 1997
  8. 6Regulation 6
  9. 7Regulation 7
  10. 8Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  11. 9Regulation 9
  12. 10Regulation 10
  13. 11Regulation 11
  14. 12Regulation 12
  15. 13Regulation 13
  16. 14Regulation 14
  17. 15Amendment of the Producer Responsibility Obligations (Northern Ireland) Order 1998
  18. 16Regulation 16
  19. 17Regulation 17
  20. 18Amendment to the Environment (Northern Ireland) Order 2002
  21. 19Regulation 19
  22. 20Regulation 20
  23. 21Regulation 21
  24. 22Regulation 22
  25. 23Regulation 23
  26. 24Regulation 24
  27. 25Regulation 25
  28. 26Amendment of the Environmental Better Regulation Act (Northern Ireland) 2016
  29. 27Regulation 27
  30. 28Regulation 28
  31. Part 3: Amendment of subordinate legislation
  32. 29Amendment of the Environmental Noise Regulations (Northern Ireland) 2006
  33. 30Regulation 30
  34. 31Regulation 31
  35. 32Regulation 32
  36. 33Regulation 33
  37. 34Regulation 34
  38. 35Regulation 35
  39. 36Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009
  40. 37Regulation 37
  41. 38Regulation 38 Repealed
  42. 39Regulation 39
  43. 40Regulation 40
  44. 41Regulation 41
  45. 42Regulation 42
  46. 43Regulation 43
  47. 44Regulation 44
  48. 45Regulation 45
  49. Part 4: Savings
  50. 46Savings
  51. Signature
  52. Explanatory note

1Citation, commencement and extentI1

These Regulations may be cited as the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 and shall come into force on exit day.

2I1

These Regulations extend to Northern Ireland only.

3Amendment of the Genetically Modified Organisms (Northern Ireland) Order 1991I1

The Genetically Modified Organisms (Northern Ireland) Order 1991 M1 is amended as follows.

4I1

In Article 13(2)—

(a)

omit “the Community Treaties or”; and,

(b)

after “agreement”, insert “ or retained EU law ”.

5Amendment of the Industrial Pollution Control (Northern Ireland) Order 1997I1

The Industrial Pollution Control (Northern Ireland) Order 1997 M1 is amended as follows.

6I1

In Article 7(2)(b), for “the Community Treaties” substitute “ retained EU obligations ”.

7I1

In Article 30—

(a)

in the heading for “Community and other” substitute “ retained EU obligations and ”;

(b)

in paragraph (1)(a), for “Community” substitute “ retained EU ”; and,

(c)

in paragraph (2)(a), for “Community” substitute “ retained EU ”.

8Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997I1

The Waste and Contaminated Land (Northern Ireland) Order 1997 M1 is amended as follows.

9I1

In Article 33, for paragraph (2)(a) substitute—

“(a)

which was first supplied in any part of the United Kingdom or any EU member State on or after 18th September 1981; or”.

10I1

In Article 37—

(a)

in paragraph (1), omit “or under any relevant instrument”;

(b)

in paragraph (2)(b), omit “or any relevant instrument”; and,

(c)

omit paragraph (5).

11I1

In Article 38(3)(b), for “under the law of any” substitute “ under the law of any part of the United Kingdom or any EU ”.

12I1

In Article 72(12), in the definition of “pollution control statutory provisions”, for “section 2(2) of the European Communities Act 1972” substitute “ retained EU obligations ” in each place.

13I1

In Article 77—

(a)

in the heading for “Community” substitute “ retained EU obligations ”;

(b)

in paragraph (1)(a), for “Community obligation” substitute “ retained EU obligation ”; and,

(c)

in paragraph (2)(a), for “Community obligation” substitute “ retained EU obligation ”.

14I1

In Schedule 3—

(a)

in Part 1 for paragraph 4(2) substitute—

“(2)

The network must be designed so as to enable the United Kingdom as a whole to F1move towards the aim of becoming self-sufficient in waste disposal as well as in the recovery of mixed municipal waste collected from private households taking into account geographical circumstances or the need for specialised installations for certain types of waste.”;

(b)

in Part 2, in paragraph 6(d), for “waste oils, hazardous waste, or waste streams addressed by specific European Union legislation” substitute “ waste oils or hazardous waste ”; and,

(c)

in Part 3, in paragraph 9(b), omit “, taking into account the need to maintain the smooth functioning of the internal market”.

15Amendment of the Producer Responsibility Obligations (Northern Ireland) Order 1998I1

The Producer Responsibility Obligations (Northern Ireland) Order 1998 M1 is amended as follows.

16I1

In Article 3(3)(a), for “obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.

17I1

In Article 4(2)(a)(i), for “obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.

18Amendment to the Environment (Northern Ireland) Order 2002I1

The Environment (Northern Ireland) Order 2002 M1 is amended as follows.

19I1

Omit Article 9.

20I1

In Article 10(3)(a), for “the Community Treaties” substitute “ retained EU obligations ”.

21I1

In Article 14(5)(a), for “any obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.

22I1

In Article 15(1)(b)(i) for “obligations of the United Kingdom under the Community Treaties;” substitute “ retained EU obligations; ”.

23I1

In Article 22—

(a)

in the heading for “Community” substitute “ retained EU obligations ”;

(b)

in paragraph (1)(a), for “any obligations of the United Kingdom under the Community treaties” substitute “ retained EU obligations ”.

24I1

In Article 26(5), for “obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.

25I1

In Schedule 1––

(a)

for paragraph 3(b) substitute—

“(b)

directions given for the purposes of the implementation of—

(i)

any retained EU obligations;

(ii)

any obligations of the United Kingdom under any international agreement to which the United Kingdom is a party;”;

(b)

in paragraph 9B(1), for “the EU ETS Directive” substitute “ retained EU obligations ”;

(c)

in paragraph 9C, for “Regulation EU 2017/852 of the Council on mercury, and repealing Regulation (EC) No 1102/2008” substitute “ retained EU obligations ”;

(d)

in paragraph 20—

(i)

in sub-paragraph (1)(b) substitute—

“(b)

any provision (not being a provision within any of paragraphs 1 to 19) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—

(i)

imposing or increasing taxation;

(ii)

taking effect from a date earlier than that of the making of the regulations containing the provision;

(iii)

conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal;

(iv)

creating any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine.”;

(ii)

in sub-paragraph (2)—

(aa)

omit paragraph (c);

(bb)

for paragraph (d) substitute—

“(d)

Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos M1;”;

(cc)

after paragraph (d) add—

“(e)

European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations M2;

(f)

Council Directive 1999/31/EC on the landfill of waste M3 as last amended by Directive 2011/97/EU M4;

(g)

Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles M5 as last amended by Directive (EU) 2017/2096 M6;

(h)

Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy M7;

(i)

Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants M8;

(j)

Directive 2003/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage M9;

(k)

Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M10;

(l)

Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators M11, as last amended by Directive 2013/56/EU M12;

(m)

Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration) M13;

(n)

Directive 2008/98/EC of the European Parliament and of the Council of waste M14, as last amended by Regulation (EU) 2017/997 M15;

(o)

Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide M16;

(p)

Directive 2009/126/EC of the European Parliament and of the Council on stage II petrol vapour recovery during refuelling of motor vehicles at service stations M17;

(q)

Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M18;

(r)

Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M19, as it had effect immediately before 4th July 2018;

(s)

Directive 2012/27/EU of the European Parliament and of the Council on Energy efficiency M20;

(t)

Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M21;

(u)

Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants M22;

(v)

any other directive of the Council of the European Community designated by order for the purposes of this paragraph as in force on exit day.”;

(iii)

after sub-paragraph (2), insert—

“(2A)

In sub-paragraph (1)(b)(iii), “power to legislate” does not include any power to—

(a)

amend or extend a power to legislate conferred other than under this paragraph;

(b)

give directions as to matters of administration.”.

(e)

In paragraph 26 omit the definition of “the EU ETS Directive”.

26Amendment of the Environmental Better Regulation Act (Northern Ireland) 2016I1

The Environmental Better Regulation Act (Northern Ireland) 2016 M1 is amended as follows.

27I1

In section 1(1)(b), for “EU obligations of the United Kingdom” substitute “ retained EU obligations ”.

28I1

In Schedule 1 paragraph 3(4)(b), for “any obligations of the United Kingdom under the EU Treaties” substitute “ retained EU obligations ”.

29Amendment of the Environmental Noise Regulations (Northern Ireland) 2006I1

The Environmental Noise Regulations (Northern Ireland) 2006 M1 are amended as follows.

30I1

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”.

31I1

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

32I1

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”.

33I1

In regulation 45—

(a)

in paragraph (2)(b), for the words “the Directive” substitute “ relevant EU-derived domestic legislation M1 ”;

(b)

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

34I1

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

35I1

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.”.

36Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009I1

The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 M1 are amended as follows.

37I1

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 M1.”

38F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39I1

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”.

40I1

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

41I1

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

42I1

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

43I1

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

44I1

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

45I1

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.”.

46SavingsI1

(1)

The amendments made by regulation 25(a) to paragraph 3(b) of Schedule 1 to the Environment (Northern Ireland) Order 2002 do not affect the validity, on or after exit day, of any direction given under that paragraph which has effect immediately before exit day, and such a direction may be varied (so as to make provision that could be made in a direction given under that relevant paragraph on or after exit day) or revoked.

(2)

The power to vary or revoke such a direction is subject to regulations 40 and 41 of the Pollution, Prevention and Control (Industrial Emission) Regulations (Northern Ireland) 2013 M1.

(3)

The amendment made by regulation 22 to Article 15(1)(b)(i) of the Environment (Northern Ireland) Order 2002 does not affect the validity, on or after exit day, of any regulations made under that section which have effect immediately before exit day.

Signature

Thérèse Coffey

Parliamentary Under Secretary

Department for Environment, Food and Rural Affairs

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 arising from the withdrawal of the United Kingdom from the European Union.

Part 2 makes amendments to primary legislation concerning the environment.

Part 3 makes amendments to subordinate legislation concerning the environment.

Part 4 makes saving provisions in respect of amendments made to the Environment (Northern Ireland) Order 2002 (S.I. 2002 No.3153 (N.I.7)) in Part 2.