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The Planning (Miscellaneous Amendments) Regulations (Northern Ireland) 2019

S.R. 2019/24 · Made 4 March 2019

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.

Planning

Made 4th March 2019

Coming into operation 27th March 2019

The Department for Infrastructure is designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 as regards matters relating to the environment.

The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 8(5)(c), 9(6)(c), 51, 108(4) and (5), 109(1), (2) and (4), 111, 115(7), 116(3), 162(4), (10) and (12), 223 and 247(1) of the Planning Act (Northern Ireland) 2011f3.

Annotations to the whole text

Footnotes

f1

S.I. 2008/301

f2

1972 c.68 The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51)

f3

2011 c.25 (N.I.)

Contents

  1. Part 1: Introductory Provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Amendments as respects Environmental Impact Assessment
  5. 3Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015
  6. 4Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012
  7. 5Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
  8. Part 3: Amendments as respects Management of Waste from Extractive Industries
  9. 6Amendments to the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015
  10. 7Amendments to the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010
  11. Part 3: Amendments as respects Hazardous Substances
  12. 8Amendments to the Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015
  13. Signature
  14. Explanatory note

1Citation and commencement

These Regulations may be cited as the Planning (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 and shall come into operation on 27th March 2019.

2Interpretation

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

3Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015

Insofar as the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015f1 continue to have effect by virtue of regulation 48 of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017f2, references therein to ″the Department″ shall be construed as references to ″the Department for Infrastructure″.

4Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012

Insofar as the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012f1 continue to have effect, by virtue of regulation 45 of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015, references therein to ″the Department″ shall be construed as references to ″the Department for Infrastructure″.

5Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999

Insofar as the Planning (Environmental Impact Assessment) Regulations 1999f1 continue to have effect by virtue of regulation 40 of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012, references therein to ″the Department″ shall be construed as references to ″the Department for Infrastructure″.

6Amendments to the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

In regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015f1 for the definition of ″the Department″ substitute ″″the Department″ means the Department for Infrastructure;″.

7Amendments to the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010

Insofar as the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010f1 continue to have effect by virtue of regulation 24 of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015, references therein to ″the Department″ shall be construed as references to ″the Department for Infrastructure″.

8Amendments to the Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015

(1)

The Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015f1 are amended as follows—

(2)

In regulation 2(2) after the definition of ″consent″ insert ″″the Department″ means the Department for Infrastructure;″.

(3)

In regulation 19(2)(b) for ″the Department″ substitute ″the Department of Agriculture, Environment and Rural Affairs″.

Signature

Sealed with the Official Seal of the Department for Infrastructure on 4th March 2019

L.S.

Angus Kerr

A senior officer of the

Department for Infrastructure

Explanatory note

(This note is not part of the Regulations)

The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and also, where appropriate, domestic legislation, in order to make minor miscellaneous amendments to update the provisions set out in them to allow the amended provision to operate appropriately.

The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 and the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) for 2015, 2012 and 1999 remain extant in part, to cater for the determination of planning applications received prior to the introduction of the subsequent versions of the Regulations.