Paragraph 1 Interpretation of Schedule 3F1

In this Schedule, unless the context otherwise requires—

• F2“available techniques” means those developed on a scale which allows implementation in the relevant industrial sector under economically and technically viable conditions taking into consideration the costs and advantages whether or not those techniques are used or produced inside the United Kingdom as long as they reasonably accessible to the operator;

• “best” means the most effective in achieving a high general level of protection of the environment as a whole;

• F3“best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of the particular techniques for providing the emission limit values and other permit conditions designed to prevent and where that is not practicable to reduce emissions and the impact on the environment as a whole;

• “collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

• “competent authority” has the meaning given by paragraph 3;

• “development” and “development plan” has the same meaning as in the Planning (Development Plans) Regulations (Northern Ireland) 1991;

• “modify” includes vary, and cognate expressions shall be construed accordingly;

• F4“municipal waste” means—

  1. (a)

     mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture; and

  2. (b)

     mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households,

  but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities.

• “permit” means a waste management licence under Article 6 of the 1997 Order, a disposal licence, an authorisation under the Industrial Pollution Control Order, a permit under the 2003 Regulations, a resolution, a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009 or a consent under the Water Order;

• “plan-making provisions” means paragraph 5 below, Articles 19 and 23 of the 1997 Order and Parts II and III of the Planning (Northern Ireland) Order 1991;

• “planning permission” has the same meaning as in Part I of the Planning (Northern Ireland) Order 1991;

• “preparing for re-use” means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing; and “preparation for re-use” shall be construed accordingly;

• “prevention” means measures taken before a substance, material or product has become waste, that reduce—

  1. (a)

     the quantity of waste, including through the re-use of products or the extension of the life span of products;

  2. (b)

     the adverse impacts of the generated waste on the environment and human health; or

  3. (c)

     the content of F5hazardous substances in materials and products;

• “recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

• “relevant objectives” has the same meaning given in paragraph 4;

• “re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

• “regional development strategy” means the regional development strategy referred to in Article 3 of the Strategic Planning (Northern Ireland) Order 1999;

• “specified action” means any of the following—

  1. (a)

     determining—

     1. (i)

        an application for planning permission; or

     2. (ii)

        an appeal made under Article 32 of the Planning (Northern Ireland) Order 1991 in respect of such an application;

  2. (b)

     deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;

  3. (c)

     deciding whether—

     1. (i)

        in making or confirming a discontinuance order, to include in the order any grant of planning permission; or

     2. (ii)

        to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,

  and, for the purposes of this sub-paragraph, “discontinuance order” means an order under Article 39 of the Planning (Northern Ireland) Order 1991;

  1. (d)

     discharging functions under Part III of the Planning (Northern Ireland) Order 1991;

• “techniques” includes the technology used and the way in which the installation is designed , built, maintained, operated and decommissioned;

• “the Waste Hierarchy” means the priority order which shall apply to the prevention and management of waste as follows—

  1. (a)

     prevention;

  2. (b)

     preparing for re-use;

  3. (c)

     recycling;

  4. (d)

     other recovery, e.g. energy recovery; and

  5. (e)

     disposal;

• “waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operation and the after-care of disposal sites, and including actions taken as a broker or dealer;

• “Waste Management Groups” means arc21, SWaMP 2008 and the North West Region Waste Management Group.