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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Waste and Contaminated Land (Northern Ireland) Order 1997 (N.I. 19) URL: http://www.bailii.org/nie/legis/num_orders/1997/19972778(b).html |
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Meaning of "fit and proper person" 3. - (1) The following provisions apply for the purposes of the discharge by the Department of any function under this Part which requires the Department to determine whether a person is or is not a fit and proper person to hold a waste management licence. (2) Whether a person is or is not a fit and proper person to hold a licence is to be determined by reference to the carrying on by him of the activities which are or are to be authorised by the licence and the fulfilment of the requirements of the licence. (3) Subject to paragraph (4), a person shall be treated as not being a fit and proper person if it appears to the Department -
(b) that the management of the activities which are or are to be authorised by the licence are not or will not be in the hands of a technically competent person; or (c) that the person who holds or is to hold the licence has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the licence.
(4) The Department may, if it considers it proper to do so in any particular case, treat a person as a fit and proper person notwithstanding that paragraph (3)(a) applies in his case.
(b) a body corporate has been convicted of a prescribed offence committed when the holder or, as the case may be, the proposed holder of the licence was a director, manager, secretary or other similar officer of that body corporate; or (c) where the holder or, as the case may be, the proposed holder of the licence is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate -
(ii) was a director, manager, secretary or other similar officer of another body corporate at a time when a prescribed offence for which that other body corporate has been convicted was committed.
Prohibition on unauthorised or harmful deposit, treatment or disposal, etc., of waste
(b) treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of -
(ii) by means of any mobile plant,
except under and in accordance with a waste management licence;
(2) Paragraph (1) does not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling by or with the permission of the occupier of the dwelling.
(b) any means of treatment or disposal which are innocuous enough to be so excluded; (c) cases for which adequate controls are provided by another statutory provision.
(5) Where controlled waste is carried in and deposited from a vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of paragraph (1)(a), be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
(b) that he acted under instructions from his employer and neither knew nor had reason to suppose that the acts done by him constituted a contravention of paragraph (1); or (c) that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where -
(ii) particulars of the acts were furnished to the Department as soon as reasonably practicable after they were done.
(8) Except in a case falling within paragraph (9), a person guilty of an offence under this Article shall be liable -
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
(9) A person guilty of an offence under this Article in relation to special waste shall be liable -
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.
Duty of care, etc., as respects waste
(b) to prevent the escape of the waste from his control or that of any other person; and (c) on the transfer of the waste, to secure -
(ii) that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that Article and to comply with this paragraph as respects the escape of waste.
(2) Paragraph (1) does not apply to an occupier of domestic property as respects the household waste produced on the property.
(b) any person who is the holder of a waste management licence under Article 6 or of a disposal licence under Article 7 of the Pollution Control and Local Government (Northern Ireland) Order 1978; (c) any person to whom Article 4(1) does not apply by virtue of regulations under paragraph (3) of that Article; (d) any person registered as a carrier of controlled waste under Article 39; and (e) any person who is not required to be so registered by virtue of regulations under Article 38(3).
(4) Regulations may amend paragraph (3) so as to add, whether generally or in such circumstances as may be prescribed, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of paragraph (1)(c).
(b) the transport to a place in Northern Ireland of controlled waste which has been brought from a country or territory outside Northern Ireland not having been landed in Northern Ireland until it arrives at that place; and (c) the transport by air or sea of controlled waste from a place in Northern Ireland to a place outside Northern Ireland.
(6) For the purposes of paragraph (1)(c)(ii) -
(b) a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.
(7) Regulations may make provision imposing requirements on any person who is subject to the duty imposed by paragraph (1) as respects the making and retention of documents and the furnishing of documents or copies of documents.
(b) on conviction on indictment, to a fine.
(9) The Department shall, after consultation with such persons or bodies as appear to the Department representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by paragraph (1). Waste management licences: general 6. - (1) A waste management licence is a licence granted by the Department authorising the treatment, keeping or disposal of any specified description of controlled waste in or on specified land or the treatment or disposal of any specified description of controlled waste by means of specified mobile plant. (2) A licence shall be granted to the following person, that is to say -
(b) in the case of a licence relating to the treatment or disposal of waste by means of mobile plant, to the person who operates the plant.
(3) A licence shall be granted on such terms and subject to such conditions as appear to the Department to be appropriate and the conditions may relate -
(b) to the precautions to be taken and works to be carried out in connection with or in consequence of those activities;
and accordingly requirements may be imposed in the licence which are to be complied with before the activities which the licence authorises have begun or after the activities which the licence authorises have ceased.
(b) with intent to deceive, forges or uses a licence or makes or has in his possession a document so closely resembling a licence as to be likely to deceive,
shall be guilty of an offence and shall be liable -
(ii) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine or to both.
(8) A licence may not be surrendered by the holder except in accordance with Article 13.
(ii) by a requirement imposed under Article 12(8),
to carry out any works or do any other thing which he is not entitled to carry out or do;
(2) In a case where this Article applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this Article by the holder of the licence.
(b) without prejudice to the generality of paragraph (3) and sub-paragraph (a), provide for compensation under this Article to be payable in respect of -
(ii) any consequence of the exercise of any rights which have been granted;
(c) provide for the times at which any entitlement to compensation under this Article is to arise or at which any such compensation is to become payable;
(ii) as to the person to or by whom it shall be paid,
is to be determined;
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| © Crown copyright 1997 | Prepared
20 January 1998
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