Paragraph 2 Duties of competent authoritiesF1
Subject to the following provisions of this paragraph, a competent authority shall discharge their specified functions, in so far as they relate to the recovery or disposal of waste, with the relevant objectives.
Where the recovery or disposal of waste is or forms part of a prescribed process designated for local control under the Industrial Pollution Control Order, and requires either a waste management licence or is covered by an exemption conferred by regulation 17 and Part I of Schedule 2 to, these Regulations, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—
the Industrial Pollution Control Order so as to control pollution of the environment due to the release of substances into any environmental medium other than the air; or
Part II of the 1997 Order in order to control pollution of the environment due to the release of substances into the air resulting from the carrying on of the prescribed process.
In sub-paragraph (2), “prescribed process”, “designated for local control”, “pollution of the environment due to the release of substances into the air” and “pollution of the environment due to the release of substances into any environmental medium other than the air” have the meanings which they have in Article 2 of the Industrial Pollution Control Order.
In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B or a Part C installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—
the 2003 Regulations for any purpose other than preventing or, where that is not practicable, reducing emissions into the air;
Part II of the 1997 Order for the purpose of preventing or reducing emissions into the air.
In sub-paragraph (4), “Part B installation” and “Part C installation” have the meaning given by regulation 2(1) of the 2003 Regulations.
Annotations
Textual amendments
- F1
Sch. 3 substituted (8.4.2011) by The Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 40 (with reg. 9(2))