OpenLegislation

Article 19 Removal of waste deposited on land

(1)

If any waste, other than controlled waste or a motor vehicle, is deposited on any land in the open air or on any other land forming part of a road in the district of a district council in contravention ofF1 Article 31(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 or Article 28(1), the council may, subject to paragraph (2), remove the waste.

(2)

A district council may not exercise its powers under paragraph (1) as respects waste deposited on land appearing to the council to be occupied by any person unless the council has served on him notice that the council proposes to remove the waste and he has failed to serve on the council, within the prescribed period, notice that he objects to the proposal.

(3)

A district council by whom any waste is removed under paragraph (1) may recover the cost of doing so and of disposing of it from any person who deposited the waste on the land or any person convicted of an offence under Article 31(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 or Article 28(1) in consequence of the depositing of the waste on that land.

Annotations

Textual amendments

F1

1997 NI 19

Notes on Part II

Modifications

C1

Pt. II (arts. 3-36) modified by S.R. 2003/493, Sch. 3 Pt. I para. 10 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1, 40 (with reg. 9(2)))