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Northern Ireland Orders in Council


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STATUTORY INSTRUMENTS


1997 No. 2778 (N.I. 19)

NORTHERN IRELAND

The Waste and Contaminated Land (Northern Ireland) Order 1997

  Made 26th November 1997 
  Coming into operation on days to be appointed under Article 1(2)


ARRANGEMENT OF ORDER


PART I

INTRODUCTORY
1. Title and commencement.
2. General interpretation.

PART II

WASTE ON LAND
3. Meaning of "fit and proper person".
Prohibition on unauthorised or harmful depositing, treatment or disposal of waste
4. Prohibition on unauthorised or harmful deposit, treatment or disposal, etc., of waste.
Duty of care, etc., as respects waste
5. Duty of care, etc., as respects waste.
Waste Management Licences
6. Waste management licences: general.
7. Compensation where rights granted pursuant to Article 6(4) or 12(9).
8. Grant of licences.
9. Consultation before the grant of certain licences.
10. Variation of licences.
11. Consultation before certain variations.
12. Revocation and suspension of licences.
13. Surrender of licences.
14. Transfer of licences.
15. Fees and charges for licences.
16. Supervision of licensed activities.
17. Appeals from decisions with respect to licences.
18. Offences of making false or misleading statements or false entries.
Collection, disposal or treatment of controlled waste
19. Waste strategy.
20. Collection of controlled waste.
21. Receptacles for household waste.
22. Receptacles for commercial or industrial waste.
23. Waste management plans by district councils.
24. Payments for recycling and disposal, etc., of waste.
25. Disposal of waste.
26. Powers for recycling waste.
27. Power of Department to require waste to be accepted, treated, disposed of or delivered.
28. Powers to require removal of waste unlawfully deposited.
29. Interference with waste sites and receptacles for waste.
Special waste and non-controlled waste
30. Special provision with respect to certain dangerous or intractable waste.
31. Waste other than controlled waste.
Other controls on substances, articles or waste
32. Power to prohibit or restrict the use, supply or storage of injurious substances or articles.
33. Power to obtain information about potentially hazardous substances.
Publicity
34. Public registers.
35. Exclusion from registers of information affecting national security.
36. Exclusion from registers of certain confidential information.
37. Annual reports.
Registration of carriers of controlled waste
38. Offence of transporting controlled waste without registering.
39. Registration of carriers.
40. Restrictions on power under Article 39.
41. Appeals against refusal of registration, etc.
42. Duty to produce authority to transport controlled waste.
43. Seizure and disposal of vehicles used for illegal waste disposal.
Miscellaneous
44. Obtaining of information.
45. Provisions relating to legal proceedings and civil liability.
46. Supplementary provisions relating to pipes.
47. Transitional provisions with respect to licences.
48. This Part and radioactive substances.

PART III

CONTAMINATED LAND
49. Interpretation of Part III.
50. Identification of contaminated land.
51. Identification and designation of special sites.
52. Referral of special site decisions to the Planning Appeals Commission.
53. Duty of enforcing authority to require remediation of contaminated land, etc.
54. Determination of the appropriate person to bear responsibility for remediation.
55. Grant of, and compensation for, rights of entry, etc.
56. Restrictions and prohibitions on serving remediation notices.
57. Liability in respect of contaminating substances which escape to other land.
58. Appeals against remediation notices.
59. Offences of not complying with a remediation notice.
60. Powers of the enforcing authority to carry out remediation.
61. Recovery of, and security for, the cost of remediation by the enforcing authority.
62. Special sites.
63. Registers.
64. Exclusion from registers of information affecting national security.
65. Exclusion from registers of certain confidential information.
66. Reports by the Department on the state of contaminated land.
67. Guidance by the Department concerning contaminated land.
68. Supplementary provisions.
69. Supplementary provisions with respect to guidance by the Department.
70. Interaction of this Part with other statutory provisions.
71. This Part and radioactivity.

PART IV

GENERAL
Supervision and enforcement
72. Powers of enforcing authorities and persons authorised by them.
73. Power to deal with cause of imminent danger of serious pollution etc.
74. Offences.
Evidence
75. Evidence in connection with certain pollution offences.
Information
76. Disclosure of information.
Supplemental
77. Power to give effect to Community and other international obligations, etc.
78. Offences by bodies corporate.
79. Offences under this Order due to fault of others.
80. Application to Crown.
81. Financial provision.
82. Orders, regulations and directions.
83. Amendments and repeals.

SCHEDULES:

  Schedule 1 -  Categories of waste.

  Schedule 2 -  Appeals and decisions referred to the Planning Appeals Commission.
  Part I - Appeals under Article 17, 41 or 58.
  Part II - Appeals under Article 36 or 65.
  Part III - Decisions referred under Article 52.
  Schedule 3 -  Objectives for the purposes of the waste strategy.

  Schedule 4 -  Supplemental provisions with respect to powers of entry.

  Schedule 5 -  Amendments.

  Schedule 6 -  Repeals.

 Explanatory Note
© Crown copyright 1997
Prepared 20 January 1998

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