Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

Article 6(4) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the 1997 Order”) allows the Department to impose on a waste management licence conditions which require the licence holder to carry out works or do other things notwithstanding that he is not entitled to do so. Articles 10(1) and (2)(a), 12(8) and 16(7) of the 1997 Order, allows the Department to impose similar conditions when modifying the conditions of, or suspending, a waste management licence. Where such a condition is imposed, any person whose consent would be required before the works, etc. could be carried out must grant to the licence holder, or join in granting, such rights as will enable him to comply with the condition.

Regulation 3 of these Regulations provides that the period for the making of representations, in response to the prior consultation with owners, tenants and occupiers of land in respect of which rights are likely to be required (which is required by Articles 9, 11 and 12(10) of the 1997 Order), is 3 months from the date on which the consultation notice was served or, where the consultation relates to the proposed modification of a waste management licence, 6 weeks.

Regulation 4 defines the descriptions of loss and damage in respect of which compensation is payable following the grant of rights under Articles 6(4) or 12(9) of the 1997 Order.

Regulation 5 specifies the time at which the entitlement to compensation arises.

Regulation 6 prescribes the procedure for making applications for compensation. In particular, paragraph (1) requires a claim for compensation to be made by the grantor within the period beginning with the date on which the entitlement to compensation arises and ending on whichever is the later of the following dates:-

12 months after the date on which the entitlement to compensation arises in his case or 6 months after the date on which the rights were first exercised.

Regulation 7 sets out the basis on which compensation is to be assessed.

Regulation 8 makes provision for payment and for the determination of disputes by the Lands Tribunal.

A Regulatory Impact Assessment in relation to these Regulations has been placed in the library of the Northern Ireland Assembly and copies can be obtained from Planning and Environmental Policy Group, 20-24 Donegall Street, Belfast BT1 2GP.