N.I.
Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011
2011 CHAPTER 5
An Act to amend the Waste and Contaminated Land (Northern Ireland) Order 1997 and the Producer Responsibility Obligations (Northern Ireland) Order 1998.
[10th February 2011]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
WasteN.I.
Fixed penalty notices for offences under Article 4N.I.
Detention of seized propertyN.I.
Offence of failing to pay charge for subsistence of licenceN.I.
Prospective
Powers to require removal of waste unlawfully depositedN.I.
Prospective
Councils to enforce Articles 4 and 5 of 1997 OrderN.I.
Right of entry with heavy equipment or to domestic premisesN.I.
Prospective
Contaminated landN.I.
Contaminated land: pollution of waterways and underground strataN.I.
7—(1) Part 3 of the 1997 Order is amended as follows.
(2) In Article 49 (interpretation of Part 3)—
(a)in paragraph (1), in the definition of “contaminated land”, for paragraph (b) substitute—
“(b)significant pollution of waterways or underground strata is being caused or there is a significant possibility of such pollution being caused;”;
(b)in paragraph (1), in the definition of “remediation”, in paragraph (b)(i) before “pollution” insert “ significant ”;
(c)in paragraph (1), in the definition of “underground strata”, at the end add “ , except that it does not include strata which are above the saturation zone ”;
(d)in paragraph (2)—
(i)in sub-paragraph (a) after “harm” insert “ or pollution of waterways or underground strata ”;
(ii)in sub-paragraph (b) after “harm” insert “ or of significant pollution of waterways or underground strata ”;
(iii)omit sub-paragraph (c);
(e)in paragraph (3)—
(i)in sub-paragraph (a) after “systems” insert “ , or of poisonous, noxious or polluting matter or solid waste matter ”;
(ii)in sub-paragraph (b) after “places” insert “ or waterways or underground strata, or different degrees of pollution ”;
(iii)after “significant harm” insert “ or of significant pollution ”;
(f)in paragraph (4) for the words from “pollution” to the end substitute “ significant pollution of, those waterways or those underground strata is being caused or there is a significant possibility of such pollution being caused. ”.
(3) In Article 51 (identification and designation of special sites), in paragraph (9)—
(a)in sub-paragraph (a)(ii) for “be, or would be likely to be, caused” substitute “ or might be caused ”;
(b)in sub-paragraph (b), before “pollution” insert “ significant ”.
(4) In Article 53 (duty of enforcing authority to require remediation of contaminated land) in paragraph (4)(b) before “pollution” insert “ of the ”.
(5) In Article 57 (liability in respect of contaminating substances which escape to other land) in each of paragraphs (3) and (4) for the words from “is being caused” to “likely to be caused” substitute “ , or significant pollution of waterways or underground strata, is being caused, or there is a significant possibility of such harm or pollution being caused. ”.
(6) In Article 68 (supplementary provisions relating to contaminated land)—
(a)in paragraph (1)—
(i)for sub-paragraph (b) substitute—
“(b)significant pollution of waterways or underground strata is being caused or there is a significant possibility of such pollution being caused,”;
(ii)for the words from “is being caused, or” to the end substitute “ , or significant pollution of waterways or underground strata, is being caused, or there is a significant possibility of such harm or pollution being caused. ”;
(b)in paragraph (2) for the words from “is being caused” to “likely to be, caused” substitute “ , or significant pollution of waterways or underground strata, is being caused, or there is a significant possibility of such harm or pollution being caused ”.
(7) In Article 70 (interaction of Part 3 with other statutory provisions), in each of paragraphs (1)(b) and (2), before “pollution” insert “ significant ”.
Appeals against remediation noticesN.I.
8—(1) Article 58 of the 1997 Order (appeals against remediation notices) is amended as follows.
(2) In paragraph (1) for the words from “appeal against the notice” to the end substitute “ appeal against the notice to the Planning Appeals Commission. ”.
(3) After paragraph (1) insert—
“(1A) Article 127(2)(b) of the Planning (Northern Ireland) Order 1991 (power to prescribe fees for appeals to the Planning Appeals Commission under that Order) shall apply to appeals under this Article as it applies to appeals under that Order; and a notice of appeal to the Planning Appeals Commission under this Article shall be accompanied by such fee (if any) as may be prescribed under Article 127(2)(b) of that Order.”.
(4) In paragraph (3) for “Department” substitute “ enforcing authority ”.
(5) In paragraph (4) for “appellate authority” substitute “ Planning Appeals Commission ”.
(6) In paragraph (5) for “an appellate authority” substitute “ the Planning Appeals Commission ”.
Interaction with other provisionsN.I.
9 In Article 70 of the 1997 Order (interaction of Part 3 with other statutory provisions) after paragraph (2) insert—
“(2A) This Part shall not apply if and to the extent that—
(a)any significant harm, or significant pollution of waterways or underground strata, by reason of which the land would otherwise fall to be regarded as contaminated, is attributable to the final disposal by deposit in or on land of controlled waste, and
(b)enforcement action may be taken in relation to that disposal.
(2B) A remediation notice shall not be served in respect of contaminated land if and to the extent that—
(a)the significant harm, or significant pollution of waterways or underground strata, by reason of which the contaminated land is such land is attributable to an activity other than the final disposal by deposit in or on land of controlled waste, and
(b)enforcement action may be taken in relation to that activity.
(2C) In paragraphs (2A) and (2B) “enforcement action” means action under regulation 24 (enforcement notices) or regulation 26(2) (power to remedy pollution) of the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”.
Producer responsibility obligationsN.I.
Producer responsibility obligation regulationsN.I.
10—(1) The Producer Responsibility Obligations (Northern Ireland) Order 1998 (NI 16) is amended as follows.
(2) In Article 4 after paragraph (1) insert—
“(1A) The provision which may be made by virtue of paragraph (1)(v) includes provision corresponding (with appropriate modifications) to that made by Article 72 of, and Schedule 4 to, the Waste and Contaminated Land (Northern Ireland) Order 1997.”.
SupplementaryN.I.
Minor and consequential amendments and repealsN.I.
11—(1) The statutory provisions set out in Schedule 1 have effect subject to the minor and consequential amendments specified in that Schedule.
(2) The statutory provisions set out in Schedule 2 are repealed to the extent specified in the second column of that Schedule.
CommencementN.I.
12—(1) The preceding sections of this Act (and the Schedules) come into operation on such day or days as the Department may by order appoint.
(2) An order under subsection (1) may contain such transitional or saving provisions as the Department thinks appropriate.
Subordinate Legislation Made
P1S. 12(1) partly exercised: 17.10.2011 appointed by S.R. 2011/312, art. 2, Sch.
InterpretationN.I.
13 In this Act—
“the Department” means the Department of the Environment;
“the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19);
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
Short titleN.I.
14 This Act may be cited as the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011.
SCHEDULES
Section 11.
SCHEDULE 1N.I.AMENDMENTS
The Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19)N.I.
1 In Article 27(2) after “controlled waste” insert “ in or ”.N.I.
Prospective
2 In Article 72(13) after “Article 28” insert “ or 28A ”.N.I.
Prospective
3 In Article 76(1) for “Part III” substitute “ this Order ”.N.I.
4 In Article 82—N.I.
(a)in paragraph (1) at the beginning insert “ Except as provided by paragraph (1A), ”; and
(b)after paragraph (1) insert—
“(1A) No order shall be made under Article 4A(10), 5A(10), 22B(5) or 42B(10) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.
SCHEDULE 2N.I.REPEALS
Short Title | Extent of repeal |
---|---|
The Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19) |
Article 49(2)(c). Article 72(4)(a). In Schedule 4, paragraph 2(3). |
The Waste (Amendment) (Northern Ireland) Order 2007 (NI 3) |
Article 12. Article 18(1)(c). |