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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(e).html |
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Receptacles for commercial or industrial waste 22. - (1) A district council may, at the request of any person, supply him with receptacles for commercial or industrial waste which he has requested the council to arrange to collect and shall make a reasonable charge for any receptacle supplied unless in the case of a receptacle for commercial waste the council considers it appropriate not to make a charge. (2) If it appears to a district council that there is likely to be situated, on any premises in its district, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality, the council may, by notice served on him, require the occupier of the premises to provide at the premises receptacles for the storage of such waste of a kind and number specified. (3) The kind and number of the receptacles required under paragraph (2) to be used shall be such only as are reasonable. (4) In making requirements as respects receptacles under paragraph (2), 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 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 collection of waste from the receptacles.
(5) No requirement shall be made under paragraph (2) 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 (2) or (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(b) the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality.
(8) The period allowed to the occupier of premises for appealing against such a requirement is the period of 21 days from the day on which the notice making the requirement was served on him.
(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 -
Waste management plans by district councils
(ii) what arrangements are needed for the purpose of treating or disposing of controlled waste which is situated in its district and controlled waste which is likely to be so situated so as to prevent or minimise pollution of the environment or harm to human health;
(b) prepare a statement ("the plan") of the arrangements made and proposed to be made -
(ii) by the council or waste disposal contractors, for the treatment or disposal of such waste;
(c) carry out further investigations with a view to deciding what changes in the plan are needed; and
(2) In considering any arrangements or modification for the purposes of paragraph (1)(b) or (d) a district council shall -
(b) in relation to recovering waste, have regard to the effect which the arrangements or modification would be likely to have on the amenities of any locality and the likely cost or saving to the council attributable to the arrangements or modification; (c) in relation to treatment or disposal of waste, have regard both to the likely cost of the arrangements or modification and to their likely beneficial effects on the environment.
(3) The district council shall include in the plan information as to -
(ii) the kinds and quantities of controlled waste which the council expects to purchase during that period; (iii) the kinds and quantities of controlled waste which the council expects to deal with in the ways specified in paragraph (1)(a) during that period; (iv) the arrangements which the council expects to make during that period with other district councils or waste disposal contractors for them to deal with waste in those ways; (v) the plant and equipment which the council expects to provide under Article 25; (vi) the estimated costs or savings attributable to the methods of dealing with the waste in the ways provided for in the plan;
(b) in relation to treatment or disposal of waste -
(ii) the kinds and quantities of controlled waste which the council expects to be brought into or taken for disposal out of its district during that period; (iii) the kinds and quantities of controlled waste which the council expects to be disposed of within its district during that period; (iv) the methods and the respective priorities for the methods by which in the opinion of the council controlled waste in its district should be disposed of or treated during that period; (v) the sites and equipment which persons are providing and which during that period are expected to provide for disposal of controlled waste; and (vi) the estimated costs of the methods of disposal or treatment provided for in the plan;
but regulations may modify sub-paragraph (b) and may make provision requiring district councils to take into account in preparing plans and any modifications of plans under this Article such factors as may be prescribed.
(4) In considering what information to include in the plan under paragraph (3)(b)(iv) the district council shall have regard to the desirability, where reasonably practicable, of giving priority to recovering waste.
(ii) in a case where provisions of the plan or modification relate to the taking of waste for disposal or treatment into the district of another district council, that other council; and (iii) in any case, such persons as the council considers it appropriate to consult from among persons who in the opinion of the council are or are likely to be, or are representative of persons who are or are likely to be, engaged by way of trade or business in the collection, disposal or treatment of controlled waste situated in the district of the council; and
(b) before finally determining the content of the plan or modification, take, subject to paragraph (6), such steps as in the opinion of the council will -
(ii) provide members of the public with opportunities of making representations to the council about it;
and consider any representations made by the public and make any change in the plan or modification which the council considers appropriate.
(6) No steps need be taken under paragraph (5)(b) in respect of a modification which in the opinion of the district council is such that no person will be prejudiced if those steps are not taken.
(b) what provisions should be included in the plan for that purpose.
(8) A district council shall not finally determine the content of the plan or modification in a case falling within paragraph (5)(a)(ii) except with the consent of the other district council or, if the other council withholds its consent, with the consent of the Department.
(b) send to the Department a copy of the plan or, as the case may be, particulars of the modification.
(11) Each district council shall keep a copy of the plan and particulars of any modifications to it available at all reasonable times at its principal offices for inspection by members of the public free of charge and shall supply a copy of the plan and of the particulars of any modifications to it to any person who requests one, on payment by that person of such reasonable charge as the council requires.
(b) the net saving of expenditure of a district council on the collection of any waste not falling to be collected by it is the amount of the expenditure which the council would, if it had had to collect the waste, have incurred in collecting it.
(4) Regulations shall make provision for the determination of the net saving of expenditure for the purposes of paragraphs (1) and (2).
(b) for the provision of places at which persons may deposit their household waste at all reasonable times free of charge and for the disposal of waste so deposited.
(2) Without prejudice to a district council's powers apart from the following provisions of this paragraph, a district council for the purpose of paragraph (1)(a) may provide within or outside its district -
(b) places at which to dispose of or recycle the waste and plant or equipment for recycling, processing or otherwise disposing of it.
(3) Paragraphs (5) and (6) of Article 20 shall have effect in relation to the disposal of waste under this Article as if the reference in sub-paragraph (a) of that paragraph (5) to the collection of waste under that Article included a reference to the disposal of waste under this Article and the disposal of anything produced from waste belonging to the council.
(b) no charge shall be made under this paragraph in respect of household waste; and (c) anything delivered to the council by another person in the course of using the facilities shall belong to the council and may be dealt with accordingly.
Powers for recycling waste
(b) enabling substances to be reclaimed from such waste; or (c) enabling such waste to be used for the purpose of producing from it heat or electricity or gas.
(2) Without prejudice to the powers of district councils apart from this Article, a district council may -
(b) use, sell or otherwise dispose of waste belonging to the council or anything produced from such waste.
Power of Department to require waste to be accepted, treated, disposed of or delivered
(b) to take within such a period specified steps with a view to eliminating or reducing the consequences of the deposit of the waste.
(2) A person on whom any requirements are imposed under paragraph (1) may, within the period of 21 days mentioned in that paragraph, appeal against the requirement to a court of summary jurisdiction.
(b) there is a material defect in the notice;
and in any other case shall either modify the requirement or dismiss the appeal.
(b) there is no occupier of the land; or (c) the occupier neither made nor knowingly permitted the deposit of the waste;
the council may remove the waste from the land or take other steps to eliminate or reduce the consequences of the deposit or, as the case may require, to remove the waste and take those steps.
(b) in any case, from any person who deposited or knowingly caused or knowingly permitted the deposit of any of the waste;
except such of the cost as the occupier or that person shows was incurred unnecessarily. |
| © Crown copyright 1997 | Prepared
20 January 1998
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