# The Landfill Regulations (Northern Ireland) 2003, Paragraph 2: Existing landfills: transitional provisions

Extent: N.I.
Status: prospective

(1) Paragraph 1 does not apply to a landfill if –
(a) a relevant authorisation for its operation was granted on or after the coming into operation of the Licensing Regulations and before the relevant date; or
(b) it falls within paragraph (b) of Part A of section 5.2 in Part 1 of Schedule 1 to the 2003 Regulations and a waste management licence for its operation was granted on or after the coming into operation of the Licensing Regulations and before the relevant date; or
(c) the prescribed date determined in accordance with Schedule 3 to the 2003 Regulations for the installation at which the landfill activity is carried out is before the relevant date and an application for a landfill permit was duly made (but not determined) before that date.
(2) In any case falling within sub-paragraph (1)(b), the waste management licence shall have effect on or after the relevant date as if it were a landfill permit.
(3) In any case falling within sub-paragraph (1) the Department shall exercise its powers to vary the waste management licence disposal licence or resolution, and the Chief Inspector shall exercise his powers to vary the landfill permit (or determine the outstanding application) so that the relevant requirements of these Regulations are complied with as soon as possible in relation to the landfill in question.
(4) In any case falling within sub-paragraph (1)(c), where an application for a waste management licence is also outstanding on the relevant date, there shall be no obligation on the Department to determine the application for a waste management licence.

---
Source: https://www.legislation.gov.uk/nisr/2003/496/schedule/4/paragraph/2 (the official version)
Page: https://openlegislation.uk/landfill-regulations-northern-ireland-2003/schedule-4/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

