Regulation 9 Particulars to be entered in public registersI1

Northern Ireland

(1)

Subject to Articles 35 and 36 of the 1997 Order and regulation 10, a register maintained by the Department under Article 34(1) of the 1997 Order shall contain full particulars of –

(a)

current or recently current waste management licences (“licences”) granted by the Department and any associated working plans;

(b)

current or recently current applications to the Department for licences, or for the transfer or modification of licences, including details of –

(i)

documents submitted by applicants containing supporting information;

(ii)

appropriate details of written representations considered by the Department under Article 8(5)(b), 9(6), 10(4) or 11(7) of the 1997 Order;

(iii)

notices by the Department rejecting applications;

(iv)

emergencies resulting in the postponement of references under Article 10(4)(a) of the 1997 Order;

(c)

notices issued by the Department under Article 10 of the 1997 Order effecting the modification of licences;

(d)

notices issued by the Department under Article 12 of the 1997 Order effecting the revocation or suspension of licences or imposing requirements on the holders of licences;

(e)

notices of appeal under Article 17 of the 1997 Order relating to decisions of the Department and other documents relating to such appeals served on or sent to the Department under regulation 6(3) or (4) or 8(2);

(f)

convictions of holders of licences granted by the Department for any offence under Part II of the 1997 Order (whether or not in relation to a licence) F1or regulation 17(1) of the 2003 Landfill Regulations including the name of the offender, the date of conviction, the penalty imposed and the name of the Court;

(g)

reports produced by the Department in discharge of any functions under Article 16 of the 1997 Order, including details of –

(i)

remedial or preventive action taken by the Department under Article 16(2) of the 1997 Order;

(ii)

notices issued by the Department under Article 16(4) of the 1997 Order;

(h)

any monitoring information relating to the carrying on of any activity under a licence granted by the Department which was obtained by the Department as a result of its own monitoring or was furnished to the Department in writing by virtue of any condition of the licence or Article 44(1) of the 1997 Order;

(i)

any summary prepared by the Department of the amount of F2hazardous waste produced or disposed of;

(j)

registers and records provided to any district council under regulation 14(5) or 15(1) of the Special Waste Regulations (Northern Ireland) 1998;

(k)

applications to the Department under Article 13 of the 1997 Order for the surrender of licences, including details of –

(i)

documents submitted by applicants containing supporting information and evidence;

(ii)

information and evidence obtained under Article 13(4) of the 1997 Order;

(iii)

appropriate details of written representations considered by the Department under Article 13(6)(b) of the 1997 Order; and

(iv)

notices of determination and certificates of completion issued under Article 13(8) of the 1997 Order;

(l)

reports produced under Article 73(2) of the 1997 Order by a person authorised under that Article;

(m)

information on exempt activities in accordance with regulation 18(2);

(F3F4n)

all particulars of any conditioning plan submitted to the Department under paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of Schedule 4 to the 2003 Landfill Regulations.

(o)

all particulars of any notice of a decision under paragraph 1(6) of Schedule 4 to the 2003 Landfill Regulations;

(p)

all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2003 Landfill Regulations.

(2)

The register shall also contain the following –

(a)

where a person authorised by the Department exercises any power under Article 72(2) of the 1997 Order, a record showing when the power was exercised and indicating what information was obtained, and what action was taken, on that occasion;

(b)

where any information is excluded from the register by virtue of Article 36 of the 1997 Order and the information shows whether or not there is compliance with any condition of a waste management licence, a statement based on that information indicating whether or not there is compliance with that condition.

(3)

For the purposes of this regulation, waste management licences are “recently” current for the period of twelve months after they cease to be in force, and applications for waste management licences, or for the transfer or modification of such licences, are “recently” current if they relate to a waste management licence which is current or recently current or, in the case of an application which is refused, for the period of twelve months beginning with the date on which the Department gives notice of refusal or, as the case may be, on which the application is deemed by Article 8(6), 10(5) or 14(6) of the 1997 Order to have been refused.

Annotations

Textual amendments

F1: Words in reg. 9(1)(f) inserted (6.1.2004) by The Landfill Regulations (Northern Ireland) 2003 (S.R. 2003/496), reg. 1, Sch. 5 para. 2(3)(a) (with Sch. 4)
F2: Words in Regulations substituted (16.7.2005) by virtue of The Hazardous Waste Regulations (Northern Ireland) 2005 (S.R. 2005/300), reg. 1(1), Sch. 10 para. 9(2)(4)
F3: Reg. 9(1)(n)-(p) inserted (6.1.2004) by The Landfill Regulations (Northern Ireland) 2003 (S.R. 2003/496), reg. 1, Sch. 5 para. 2(3)(a) (as amended 16.7.2004) by S.R. 2004/297, regs. 1, 9(6)) (with Sch. 4)
F4: Reg. 9(1)(n) substituted (4.6.2007) by virtue of The Landfill (Amendment No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/258), regs. 1(1), 16(1)

Commencement

I1: Reg. 9 in operation at 19.12.2003, see reg. 1(1)