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Article 19 Waste management planF20F1

Northern Ireland

(1)

The Department shall have a waste management F2plan containing its policies in relation to the recovery and disposal of waste in Northern Ireland.

(F32)

The Department—

(a)

shall review the waste management F4plan at least every sixth year;

(b)

may from time to time modify the waste management F5plan ;

but this paragraph shall not apply to so much of a waste management F6plan as relates to the matters mentioned in paragraphs F78 to 11 of Part 2 of Schedule 3.

(3)

The waste management F8plan shall consist of a statement which relates to the whole of Northern Ireland.

(F94)

The waste management F10plan :-

(a)

shall include a statement of the Department's policies for attaining the objectives set out in Part 1 Schedule 3;

(b)

shall include the matters set out in Part 2 of that Schedule; F11...

(c)

may include the matters set out in Part 3 of that Schedule F12; and

(F13d)

for the purposes of litter prevention, must conform to—

(i)

the programmes of measures published pursuant to regulation 14(1) of the Marine Strategy Regulations 2010; and

(ii)

each programme of measures proposed under regulation 12(1) of the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017.

(F144A)

Steps taken before the coming into operation of this paragraph in relation to the waste management F15plan may be steps for the purposes of Articles 19, 19A, 19B and 19C.

(5)

In preparing the waste management F16plan the Department—

(a)

shall consult district councils and such other bodies or persons appearing to it to be representative of the interests of industry as it considers appropriate, and may consult such other bodies or persons as it considers appropriate;

(b)

may carry out a survey or investigation into—

(i)

the kinds or quantities of waste which it appears to it is likely to be situated in Northern Ireland,

(ii)

the facilities which are or appear to it likely to be available or needed in Northern Ireland for recovering or disposing of any such waste,

(iii)

any other matter which the Department considers appropriate in connection with its preparation of the F17plan .

(6)

Before carrying out a survey or investigation under paragraph (5)(b), the Department shall consult such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate, and shall consult such other bodies or persons as it may consider appropriate.

(7)

The Department shall make its findings available to any bodies or persons it consults in accordance with paragraph (5)(a) or (6).

(F188)

The Department shall ensure that the waste management F19plan conforms to the plan for the reduction of biodegradable waste going to landfill required by section 20(1) of the Waste and Emissions Trading Act 2003.

Annotations

Textual amendments

F1

Art. 19 substituted (1.7.2009) by Waste Management Strategy Regulations (Northern Ireland) 2009 (S.R. 2009/178), reg. 2(4)

F2

Word in art. 19(1) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F3

Art. 19(2) substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(a) (with reg. 9(2))

F4

Word in art. 19(2)(a) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F5

Word in art. 19(2)(b) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F6

Word in art. 19(2)(b) substituted (16.1.2020) by virtue of The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F7

Words in art. 19(2) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(5)

F8

Word in art. 19(3) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F9

Art. 19(4) substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(b) (with reg. 9(2))

F10

Word in art. 19(4) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F11

Word in art. 19(4) omitted (18.12.2020) by virtue of The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(6)(a)

F12

Words in art. 19(4)(c) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(6)(b)

F13

Art. 19(4)(d) inserted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(6)(c)

F14

Art. 19(4A) inserted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(c) (with reg. 9(2))

F15

Word in art. 19(4A) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F16

Word in art. 19(5) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F17

Word in art. 19(5)(b)(iii) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F18

Art. 19(8) inserted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(d) (with reg. 9(2))

F19

Word in art. 19(8) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

F20

Word in art. 19 heading substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5

Notes on Part II

Modifications

C1

Pt. 2 (arts. 3-48) modified by S.R. 2003/493, Sch. 3 Pt. 1 para. 9 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 40 (with reg. 9(2)))

C2

Pt. II modified (30.11.2013) by The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 (S.R. 2013/255), regs. 1(1), 4(1)