The Waste and Contaminated Land (Northern Ireland) Order 1997
1997/2778 · Made 26 November 1997 · Extends to Northern Ireland
26th November 1997
Annotations to the whole text
Modifications
- C1
Order modified (31.12.2020) by S.I. 2019/289, reg. 5, Sch. 3 (as amended by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(3)(5))
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2General interpretation
- Part II: WASTE ON LAND
- 3Meaning of “fit and proper person”
- Prohibition on unauthorised or harmful depositing, treatment or disposal of waste
- 4Prohibition on unauthorised or harmful deposit, treatment or disposal, etc., of waste
- 4AFixed penalty notices for offences under Article 4
- Duty of care, etc., as respects waste
- 5Duty of care, etc., as respects waste
- 5AFixed penalty notices for certain offences under Article 5(8)
- Provisions relating to offences under Articles 4 and 5
- 5BArticle 4 and 5 offences: investigation and enforcement costs
- 5CArticle 4 offences: clean-up costs
- 5DArticle 4 and 5 offences: forfeiture of vehicles
- 5EPower to search and seize vehicles etc
- 5FSeizure of vehicles etc: supplementary
- Electronic waste tracking
- 5GElectronic waste tracking
- 5HFurther provision about regulations under Article 5G
- Waste Management Licences
- 6Waste management licences: general
- 7Compensation where rights granted pursuant to Article 6(4) or 12(9)
- 8Grant of licences
- 9Consultation before the grant of certain licences
- 10Variation of licences
- 11Consultation before certain variations
- 12Revocation and suspension of licences
- 13Surrender of licences
- 14Transfer of licences
- 15Fees and charges for licences
- 16Supervision of licensed activities
- 17Appeals from decisions with respect to licences
- 18Offences of making false or misleading statements or false entries
- Collection, disposal or treatment of controlled waste
- 19Waste management plan
- 19AApplication of public participation procedures
- 19BPublic participation procedures
- 19CProcedures following public participation
- 20Collection of controlled waste
- 20ASeparate collection of food waste
- 21Receptacles for household waste
- 22Receptacles for commercial or industrial waste
- 22AFixed penalty notices for offences under Articles 21 and 22
- 22BAmount of fixed penalty under Article 22A
- 22CUse of fixed penalty receipts
- 23Waste management plans by district councils
- 24Payments for recycling and disposal, etc., of waste
- 25Disposal of waste
- 26Powers for recycling waste
- 27Power of Department to require waste to be accepted, treated, disposed of or delivered
- 28Power to require removal of waste unlawfully deposited
- 28AThe “appropriate person”
- 28BReserve powers of enforcing authority
- 29Interference with waste sites and receptacles for waste
- Special waste and non-controlled waste
- 30Special provision with respect to certain dangerous or intractable waste
- 31Waste other than controlled waste
- Other controls on substances, articles or waste
- 32Power to prohibit or restrict the use, supply or storage of injurious substances or articles
- 33Power to obtain information about potentially hazardous substances
- Publicity
- 34Public registers
- 35Exclusion from registers of information affecting national security
- 36Exclusion from registers of certain confidential information
- 37Annual reports
- Registration of carriers of controlled waste
- 38Offence of transporting controlled waste without registering
- 39Registration of carriers
- 40Restrictions on power under Article 39
- 41Appeals against refusal of registration, etc.
- 42Duty to produce authority to transport controlled waste
- 42ASeizure of vehicles etc: supplementary
- 42BFixed penalty notices for offences under Article 42
- 43Seizure and disposal of vehicles used for illegal waste disposal Repealed
- Miscellaneous
- 44Obtaining of information
- 45Provisions relating to legal proceedings and civil liability
- 46Supplementary provisions relating to pipes
- 47Transitional provisions with respect to licences
- 48This Part and radioactive substances
- Part III: CONTAMINATED LAND
- 49Interpretation of Part III
- 50Identification of contaminated land
- 51Identification and designation of special sites
- 52Referral of special site decisions to the Planning Appeals Commission
- 53Duty of enforcing authority to require remediation of contaminated land, etc.
- 54Determination of the appropriate person to bear responsibility for remediation
- 55Grant of, and compensation for, rights of entry, etc.
- 56Restrictions and prohibitions on serving remediation notices
- 56ARestrictions on liability relating to the pollution of waterways and underground strata
- 57Liability in respect of contaminating substances which escape to other land
- 58Appeals against remediation notices
- 59Offences of not complying with a remediation notice
- 60Powers of the enforcing authority to carry out remediation
- 61Recovery of, and security for, the cost of remediation by the enforcing authority
- 62Special sites
- 63Registers
- 64Exclusion from registers of information affecting national security
- 65Exclusion from registers of certain confidential information
- 66Reports by the Department on the state of contaminated land
- 67Guidance by the Department concerning contaminated land
- 68Supplementary provisions
- 69Supplementary provisions with respect to guidance by the Department
- 70Interaction of this Part with other statutory provisions
- 71This Part and radioactivity
- Part IV: GENERAL
- Supervision and enforcement
- 72Powers of enforcing authorities and persons authorised by them
- 73Power to deal with cause of imminent danger of serious pollution etc.
- 73APower of authorised officers of Department to stop vehicles
- 74Offences
- Evidence
- 75Evidence in connection with certain pollution offences
- Information
- 76Disclosure of information
- Charging schemes
- 76APower to make charging schemes
- Supplemental
- 77Power to give effect to assimilated obligations and other international obligations, etc.
- 78Offences by bodies corporate
- 79Offences under this Order due to fault of others
- 80Application to Crown
- 81Financial provision
- 82Orders, regulations and directions
- Schedule 1
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 2: APPEALS AND DECISIONS REFERRED TO THE PLANNING APPEALS COMMISSION
- Part I: APPEALS UNDER ARTICLE 17, 41 OR 58
- 1Paragraph 1
- Part II: APPEALS UNDER ARTICLE 36 OR 65
- 2Paragraph 2
- Part III: DECISIONS REFERRED UNDER ARTICLE 52
- 4Paragraph 4
- Schedule 3: THE WASTE MANAGEMENT PLAN
- Part 1: Objectives
- 1Overall objective
- 2Application of the waste hierarchy
- 3Protection of human health and the environment
- 4Principles of self-sufficiency and proximity
- Part 2: Matters which must be included in the waste management plan
- 5Analysis of the current waste management situation etc.
- 6General policies in relation to waste and litter
- 7Policies in relation to packaging waste
- 8Policies in relation to separate collection of waste
- 9Policies in relation to bio-waste
- 10Policies in relation to preparing for re-use
- 11Policies in relation to recycling targets and landfill reduction targets
- Part 3: Matters which may be included in the waste management plan
- 12Paragraph 12
- Part 4: Examples of economic instruments and other measures to provide incentives for the application of the waste hierarchy
- 13Paragraph 13
- Schedule 4: SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY
- Part
- Interpretation
- 1Paragraph 1
- Issue of warrants
- 2Paragraph 2
- Information obtained to be admissible in evidence
- 3Paragraph 3
- Duty to secure premises
- 4Paragraph 4
- Compensation
- 5Paragraph 5
- Schedule Schedule
- Schedule Schedule