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The Waste Regulations (Northern Ireland) 2019

S.R. 2019/240 · Made 23 December 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Environmental Protection, Northern Ireland

Made 23 December 2019

Coming into operation- 16 January 2020

The Department of Agriculture, Environment and Rural Affairs makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1.

The Department of Agriculture, Environment and Rural Affairsf2 is designatedf3 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and in relation to the environment.

Annotations to the whole text

Footnotes

f1

1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and regulatory Reform Act 2006 (c. 51) and section 3(3) or, and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) and is prospectively repealed by the European Union (Withdrawal) Act 2018 (c.16), section 1.

f2

The Department of the Environment was dissolved by section 1(9) of the Departments Act (Northern Ireland) 2016 and, by virtue of Article 8(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016, its functions for the purpose of these Regulations were transferred to the Department of Agriculture, Environment and Rural Affairs.

f3

The Department was designated under the European Communities (Designation) Order 1996 under Article 2 and the Schedule (S.I. 2008/301)

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Citation, commencement and extent
  4. Part 2: Amendment of primary legislation
  5. 3Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  6. 4Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  7. 5Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  8. 6Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  9. 7Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  10. 8Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  11. 9Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  12. 10Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
  13. 11Amendment of the Environment (Northern Ireland) Order 2002
  14. 12Amendment of the Environment (Northern Ireland) Order 2002
  15. 13Amendment of the Waste and Emissions Trading Act 2003
  16. 14Amendment of the Waste and Emissions Trading Act 2003
  17. Part 3: Amendment of subordinate legislation
  18. 15Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003
  19. 16Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003
  20. 17Amendment of the Hazardous Waste Regulations (Northern Ireland) 2005
  21. 18Amendment of the Hazardous Waste Regulations (Northern Ireland) 2005
  22. 19Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007
  23. 20Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007
  24. Signature
  25. Explanatory note

1Citation, commencement and extent

These Regulations may be cited as the Waste Regulations (Northern Ireland) 2019 and shall come into operation on 16 January 2020.

2Citation, commencement and extent

These Regulations extend to Northern Ireland only.

3Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

The Waste and Contaminated Land (Northern Ireland) Order 1997f1 is amended as follows.

4Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Article 2(2), for “strategy” substitute “plan”.

5Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Article 19 in the heading, paragraph (1), (2)(a), (2)(b), (3), (4), (4A), (5), (5)(b)(iii) and (8), for “strategy” substitute “plan”.

6Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Article 19A in paragraph (1), (2)(a) and (2)(b), for “strategy” substitute “plan”.

7Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Article 19B in paragraph (1), (1)(b)(i) and (1)(b)(ii), for “strategy” substitute “plan”.

8Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Article 19C in paragraph (1), (2), (2)(c), (3) and (4)(a), for “strategy” substitute “plan”.

9Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Article 23(2)(a), for “strategy” substitute “plan”.

10Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

In Schedule 3—

(a)

in the heading of Schedule 3, for “STRATEGY” substitute “PLAN”;

(b)

the heading of Part 2, for “strategy” substitute “plan”;

(c)

in paragraph (5), (5)(b), (6), (7) and (8), for “strategy” substitute “plan”;

(d)

in the heading of Part 3, for “strategy” substitute “plan”; and

(e)

in paragraph (9), for “strategy” substitute “plan”.

11Amendment of the Environment (Northern Ireland) Order 2002

The Environment (Northern Ireland) Order 2002f1 is amended as follows.

12Amendment of the Environment (Northern Ireland) Order 2002

In Article 7(1)(a), for “strategy” substitute “waste management plan”.

13Amendment of the Waste and Emissions Trading Act 2003

The Waste and Emissions Trading Act 2003f1 is amended as follows.

14Amendment of the Waste and Emissions Trading Act 2003

In section 20—

(a)

in the heading for “Strategy” substitute “Plan”; and

(b)

in paragraph (1) and (2), for “strategy” substitute “plan”.

15Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

The Waste Management Licensing Regulations (Northern Ireland) 2003f1 are amended as follows.

16Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

In Schedule 3 in paragraph 3(1), Table 13, for “strategy” substitute “plan”.

17Amendment of the Hazardous Waste Regulations (Northern Ireland) 2005

The Hazardous Waste Regulations (Northern Ireland) 2005f1 are amended as follows.

18Amendment of the Hazardous Waste Regulations (Northern Ireland) 2005

In regulation 47(2)—

(a)

for “ waste strategy” substitute “ waste management plan”; and

(b)

for “strategy” substitute “plan”.

19Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007f1 are amended as follows.

20Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

In regulation 4(4)(d)(iv)––

(a)

for “strategy” substitute “plan”; and

(b)

for “18” substitute “19”.

Signature

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 23 December 2019.

L.S.

John Mills

A senior officer of the Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 2(2) of the European Communities Act 1972f1 in order to ensure that the requirements of the revised Waste Framework Directivef2 have been met.

Part 2 makes amendments to primary legislation in order to ensure that the requirements of the revised Waste Framework Directive have been met.

Part 3 makes amendments to subordinate legislation in order to ensure that the requirements of the revised Waste Framework Directive have been met.