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Paragraph 3 Meaning of “competent authority” etc.F1

(1)

For the purposes of this Schedule, “competent authority” means any of the persons or bodies listed in column (1) of Table 13 and, subject to sub-paragraph (2), in relation to a competent authority “specified function” means any function of that authority listed in column (2) of that Table opposite the entry for that authority.

Table 13

Column 1Column 2
Competent authoritiesSpecified functions
The Department

The taking of any specified action.

Its functions under Part II of the 1997 Order in relation to waste management licences, including preparing the waste management F2plan or any modification of that plan under Article 19 of that Order and preparation of a waste prevention programme, or any modification of these, under Part 3 of the Waste Regulations (Northern Ireland) 2011.

Its functions under Part II of the Food and Environment Protection Act 1985, or under paragraph 5 of this Schedule.

Its functions under Part 4 of the Marine and Coastal Access Act 2009.

Its function in relation to—

  1. (a)

    consents under the Water Order (offences in relation to pollution of water resources) for any discharge of waste in liquid form other than waste waters;

  2. (b)

    authorisations under regulation 22 (19) of the Groundwater Regulations (Northern Ireland) 2009 (discharge of a hazardous substance or non-hazardous pollutant);

  3. (c)

    notices under regulation 25 of the Groundwater Regulations (Northern Ireland) 2009 (prevent or control the input of hazardous substance or non-hazardous pollutant);

  4. (d)

    its functions under regulation 22 and Schedule 4 to these Regulations;

  5. (e)

    its functions under this Schedule and paragraph 13 to these Regulations; and

  6. (f)

    its functions under The Hazardous Waste Regulations (NI) 2005.

A district councilThe preparation or modification of a plan under Article 23 of the 1997 Order.
An enforcing authority (within the meaning of regulation 2(2) of the 2003 Regulations)Its functions in relation to permits under the 2003 Regulations except in relation to the carrying out of an exempt activity.
The Planning Appeals CommissionIts functions in relation to appeals under the 1997 Order and the 2003 Regulations.
(2)

In Table 13, references to functions do not include functions of making, revoking, amending, revising or re-enacting orders, regulations or schemes where those functions are required to be discharged by 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))

F2

Word in Sch. 3 Pt. 1 para. 3(1) table 13 substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 16