Article 31 Waste other than controlled waste

Northern Ireland

(1)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste—

(a)

which is not controlled waste, but

(b)

which, if it were controlled waste, would beF2 hazardous waste,

in a case where he would be guilty of an offence under Article 4 if the waste were hazardous waste and any management licence were not in force, shall, subject to paragraph (3), be guilty of that offence and punishable as if the waste were hazardous waste.

(3)

No offence is committed under paragraph (2) if the act charged was done under and in accordance with any consent, licence, approval or authority granted under any statutory provision (excluding any planning permission under the F3Planning Act (Northern Ireland) 2011 .)

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Art. 31(1)(4) repealed (31.7.2006) by S.R. 2006/280, reg. 2(8)
F2: SR 2005/300
F3: Words in art. 31(3) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 87 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))

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)