OpenLegislation

Paragraph 1 I1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The location of a landfill must take into consideration requirements relating to –

(a)

the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites;

(b)

the existence of groundwater, coastal water or nature protection zones in the area;

(c)

the geological or hydrogeological conditions in the area;

(d)

the risk of flooding, subsidence, landslides or avalanches on the site; and

(e)

the protection of the natural or cultural heritage in the area.

(2)

A landfill permit may be issued for the landfill only if –

(a)

the characteristics of the site with respect to the requirements in sub-paragraph (1); or

(b)

the corrective measures to be taken,

indicate that the landfill does not pose a serious environmental risk.

(3)

In this paragraph “nature protection zone” means an area of special scientific interest within the meaning of Article 28(11) of the 2002 Order or a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995f1.

Annotations

Commencement

I1

Sch. 2 para. 1 in operation at 6.1.2004, see reg. 1

Footnotes

f1

S.R. 1995 No. 380