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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(d).html |
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Transfer of licences 14. - (1) A licence may be transferred to another person in accordance with paragraphs (2) to (6) and may be so transferred whether or not the licence is partly revoked or suspended under any provision of this Order. (2) Where the holder of a licence desires that the licence be transferred to another person ("the proposed transferee") the licence holder and the proposed transferee shall jointly make an application to the Department for a transfer of the licence. (3) An application under paragraph (2) for the transfer of a licence shall be made on a form provided by the Department for the purpose, accompanied by such information as the Department may reasonably require and the fee payable under Article 15 and the licence. (4) If, on such an application, the Department is satisfied that the proposed transferee is a fit and proper person the Department shall effect a transfer of the licence to the proposed transferee. (5) The Department shall effect a transfer of a licence under this Article by causing the licence to be endorsed with the name and other particulars of the proposed transferee as the holder of the licence from such date specified in the endorsement as may be agreed with the applicants. (6) If within the period of 2 months from the date on which the Department receives an application for the transfer of a licence, or within such longer period as the Department and the applicants may at any time agree in writing, the Department has neither effected a transfer of the licence nor given notice to the applicants that the Department has refused the application, the Department shall be deemed to have refused the application. Fees and charges for licences 15. - (1) There shall be charged by and paid to the Department, in respect of applications for licences or relevant applications in respect of licences, and in respect of the holding of licences, such fees and charges as may be provided for by a scheme under paragraph (2). (2) The Department may make, and from time to time revise, a scheme specifying -
(b) charges payable in respect of the subsistence of licences,
to the Department by persons making applications for or in respect of licences, or holding licences, as the case may be.
(b) applications to surrender a licence; and (c) applications for the transfer of a licence.
(4) A copy of the scheme or of the modifications made in the scheme shall be laid before the Assembly.
(b) provide for the times at which and manner in which payments of fees or charges are to be made; and (c) make such incidental, supplementary and transitional provision as appears to the Department to be appropriate.
(6) If it appears to the Department that the holder of a licence has failed to pay a charge due in consideration of the subsistence of the licence, the Department may, by notice in writing served on the holder, revoke the licence so far as it authorises the carrying on of the activities specified in the licence.
(b) that the conditions of the licence are complied with.
(2) For the purpose of paragraph (1), an officer of the Department who is authorised in writing may, if it appears to him that by reason of an emergency it is necessary to do so, carry out work on the land or in relation to plant or equipment on the land to which the licence relates or, as the case may be, in relation to the mobile plant to which the licence relates.
(ii) specifying the matters which constitute the non-compliance or, as the case may be, which make the anticipated non-compliance likely; (iii) specifying the steps which must be taken to remedy the non-compliance or, as the case may be, to prevent the anticipated non-compliance from occurring; and (iv) specifying the period within which those steps must be taken; and
(b) if in the opinion of the Department the licence holder has not taken the steps specified in the notice within the period so specified, exercise any of the powers specified in paragraph (5).
(5) The powers referred to in paragraph (4)(b) are the following -
(b) to revoke the licence entirely; and (c) to suspend the licence so far as it authorises the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the Department in suspending the licence.
(6) If the Department is of the opinion that revocation or suspension of the licence, whether entirely or to any extent, under paragraph (5) would afford an ineffectual remedy against a person who has failed to comply with any requirement imposed under paragraph (4)(a), the Department may take proceedings in the High Court for the purpose of securing compliance with the requirement.
(b) a licence is granted subject to conditions; (c) the conditions of a licence are modified; (d) a licence is suspended; (e) a licence is revoked under Article 12 or 16; (f) an application to surrender a licence is refused; or (g) an application for the transfer of a licence is refused;
then, except in the case of an application for a transfer, the applicant for the licence or, as the case may be, the holder or former holder of it may appeal from the decision to the Planning Appeals Commission and, in the case of an application for a transfer, the proposed transferee may do so.
(b) the holder or former holder of the licence shall be entitled to recover compensation from the Department in respect of any loss suffered by him in consequence of the exclusion of the application of that paragraph or the suspension of the licence;
and any dispute as to a person's entitlement to such compensation or as to the amount of it shall be determined by arbitration.
(b) for the purpose of obtaining for himself or another any grant of a licence, any modification of the conditions of a licence, any acceptance of the surrender of a licence or any transfer of a licence,
makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, shall be guilty of an offence.
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
Waste strategy
(b) provisions relating to each of the following, that is to say -
(ii) general technical requirements; and (iii) any special requirements for particular wastes.
(4) In preparing the strategy or any modification of it the Department -
(b) may carry out a survey or investigation into -
(ii) the facilities which are or appear to it likely to be available or needed in Northern Ireland for recovering or disposing of any such waste, (iii) any other matter which the Department considers appropriate in connection with its preparation of the strategy or any modifications of it.
(5) Before carrying out a survey or investigation under paragraph (4)(b), the Department shall -
(ii) such other bodies or persons,
as it may consider appropriate; and
(6) This Article makes provision for the purpose of implementing Article 7 of the Waste Directive.
(ii) as to which the council is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste; and
(b) if requested by the occupier of premises in its district to collect any commercial waste from the premises, arrange for the collection of the waste.
(2) Each district council may, if requested by the occupier of premises in is district to collect any industrial waste from the premises, arrange for the collection of the waste.
(b) the district council may recover a reasonable charge for the collection of the waste from the person who made the request.
(4) A person at whose request waste other than household waste is collected under this Article shall be liable to pay a reasonable charge for the collection and disposal of the waste to the district council which arranged for its collection; and the council shall recover the charge unless in the case of a charge in respect of commercial waste the council considers it inappropriate to do so.
(b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works connecting with pipes provided by the council under sub-paragraph (a).
(6) Articles 13 to 16 of the Water and Sewerage Services (Northern Ireland) Order 1973 (which relate to the execution of works, etc.) shall apply in relation to pipes and associated works provided or to be provided under paragraph (5)(a) as those Articles apply in relation to works for the purpose of that Order but as if for any reference to the Department there were substituted a reference to the district council in question.
(b) propose that they be provided, if the occupier agrees, by the council on payment by him of such a single payment or such periodical payments as he agrees with the council; (c) require the occupier to provide them if he does not enter into an agreement under sub-paragraph (b) within a specified period; or (d) require the occupier to provide them.
(4) In making requirements as respects receptacles under paragraph (1), the council may, by the notice under that paragraph, make provision with respect to -
(b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose; (c) the placing of the receptacles for that purpose on roads; (d) the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and (e) the steps to be taken by occupiers of premises to facilitate the collecting of waste from the receptacles.
(5) No requirement shall be made under paragraph (1) for receptacles to be placed on a road, unless -
(b) arrangements have been made as to the liability for any damage arising out of their being so placed.
(6) A person who fails, without reasonable excuse, to comply with any requirements imposed under paragraph (1), (3)(c) or (d) or (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(b) the receptacles in which household waste is placed for collection from the premises are adequate.
(8) The period allowed to the occupier of premises for appealing against such a requirement is the period of 21 days from -
(b) where no period was specified, the day on which the notice making the requirement was served on him.
(9) Where an appeal against a requirement is brought under paragraph (7) -
(b) the court shall either quash or modify the requirement or dismiss the appeal; and (c) no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under paragraph (6).
(10) In this Article -
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| © Crown copyright 1997 | Prepared
20 January 1998
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