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Statutory Instrument 1997 No. 2778 (N.I. 19)
The Waste and Contaminated Land (Northern Ireland) Order 1997
(The document as of February, 2008)
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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 ORDERPART IINTRODUCTORY
| 1. | Title and commencement. |
| 2. | General interpretation. |
PART IIWASTE 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). |
| 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. |
| 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
| 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. |
| 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
| 35. | Exclusion from registers of information affecting national security. |
| 36. | Exclusion from registers of certain confidential information. |
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 IIICONTAMINATED 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. |
| 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 IVGENERALSupervision 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. |
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. |
| 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. |
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