Statutory Instrument 1997 No. 2778 (N.I. 19)

      The Waste and Contaminated Land (Northern Ireland) Order 1997


      © Crown Copyright 1997

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Waste and Contaminated Land (Northern Ireland) Order 1997 , ISBN 0 11 065195 2. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


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
 
continue
Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1997
Prepared 20 January 1998