The Waste Management Licensing Regulations (Northern Ireland) 2003
- (b) the total quantity of any particular kind of WEEE stored at the site at any time does not exceed the storage limit specified in relation to that kind of WEEE in Table 11C;
- (c) the total duration that any particular kind of WEEE is stored for does not exceed the duration limits specified in relation to that kind of WEEE in Table 11C;
- (d) the type of containment specified in relation to that kind of WEEE in Table 11C is met; and
- (e) the WEEE is stored on such a manner that its environmentally sound reuse or recycling is not hindered.
| Kind of Waste | Maximum quantity | Maximum duration | Type of containment |
|---|---|---|---|
| 16 02 14(WEEE other than those mentioned in 16 02 09 to 16 02 12) | 80 cubic metres | 3 months | impermeable surface; weatherproof covering of stored WEEE |
| 20 01 36(WEEE other than those mentioned in 20 01 21, 20 01 23 and 20 01 35) | 80 cubic metres | 3 months | impermeable surface; weatherproof covering of stored WEEE |
- (2) The secure storage at any place of WEEE of a kind described in Table 11D if—
- (a) the WEEE is stored for the purpose of its recovery elsewhere;
- (b) the total quantity of any particular kind of WEEE stored at the site at any time does not exceed the storage limit specified in relation to that kind of WEEE in Table 11D;
- (c) the total duration that any particular kind of WEEE is stored for does not exceed the duration limits specified in relation to that kind of WEEE in Table 11D;
- (d) the type of containment and other requirements specified in relation to that kind of WEEE in Table 11D are met; and
- (e) the WEEE is stored in such a manner that its environmentally sound reuse or recycling is not hindered.
| Kind of Waste | Maximum quantity | Maximum duration | Type of containment | Other requirements |
|---|---|---|---|---|
| 16 02 11(WEEE containing chlorofluorocarbons, HCFC or HFC) and 20 01 23**(WEEE containing chlorofluorocarbons) | 80 cubic metres | 3 months | impermeable surface; weatherproof covering of stored WEEE | stored in a manner that will prevent the release of the CFC, HCFC and HFC; the number of units in any stack shall not exceed 2; the overall height of any stack shall not exceed 3.5m |
| 16 02 13(WEEE containing hazardous components other than those mentioned in 16 02 09 to 16 02 12) and 20 01 35**(WEEE other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components) | 80 cubic metres | 3 months | impermeable surface; weatherproof covering of stored WEEE | |
| 20 01 21*(fluorescent tubes and other mercury-containing waste) | 50 cubic metres | 3 months | appropriate secure containers; weatherproof covering | stored in such a way that the glass is not broken |
- (3) For the purposes of sub-paragraphs (1) and (2), the activity of storage shall be taken to include the incidental sorting of waste of that kind.
- (4) For the purposes of this paragraph, the storage and treatment limits specified in Tables 11C and 11D are overall limits that apply to all waste falling within the 6-digit code or codes specified in those Tables.
51
- (1) The crushing of waste gas discharge lamps (including fluorescent tubes which are hazardous waste within category 20 01 21*) for the purposes of volume reduction prior to collection, where the material is intended for recovery or reuse if—
- (a) the activity is carried on in equipment designed for the purpose of volume reduction prior to collection;
- (b) the activity is carried on solely for that purpose;
- (c) the mercury concentration in emissions does not exceed 50 micrograms per cubic metre;
- (d) the total quantity of lamps processed in any period of 24 hours does not exceed 3 tonnes;
- (2) The secure storage of such lamps prior to crushing, or after crushing but prior to collection if—
- (a) the lamps are stored under weatherproof covering; and
- (b) after crushing the lamps are stored in a secure container.
47C
- (1) The disposal of agricultural waste consisting of non-hazardous pesticide solution or washings in a lined biobed at the place of production of that waste if—
- (a) every part of the place upon which the disposal is carried out is surfaced with an impermeable pavement provided with a sealed drainage system so that all liquids are directed into the biobed;
- (b) the biobed is located at a secure place at least—
- (i) 10 metres from a waterway;
- (ii) 50 metres from a spring, well or borehole; and
- (iii) 250 metres from a borehole used for a public water supply;
- (c) the lining of the biobed is impermeable;
- (d) the biobed is suitable for treatment of the waste;
- (e) the biobed is covered with turf;
- (f) the total quantity of waste being treated does not exceed 15,000 litres in any period of 12 months;
- (g) the input of rainfall is limited by a temporary impermeable cover during times when—
- (i) the soil is waterlogged;
- (ii) the land is flooded or likely to flood; or
- (iii) heavy rain or snow is forecast within 48 hours; and
- (h) the biobed is at least 1 metre in depth and at least 1 cubic metre of biobed material is used to treat 1000 litres of liquid.
- (2) The secure storage within covered secondary containment of not more than 1500 litres of waste at the place where it is intended to be treated in a biobed in reliance on the exemption in sub-paragraph (1).
- (3) The treatment of land used for agriculture with agricultural waste consisting of biobed material where such treatment results in benefit to agriculture or ecological improvement if —
- (a) the biobed material is stored securely for 12 months before it is spread;
- (b) the biobed material consists of a mixture of straw, compost and biologically active soil;
- (c) the treatment shall be carried out in accordance with the Nutrient Action Programme Regulations (Northern Ireland) 2019; and
- (d) the total quantity of waste used does not exceed 50 tonnes per hectare in any period of 12 months.
- (4) The secure storage at the place of production of waste that is intended to be used in reliance of the exemption in sub-paragraph (3) if—
- (a) no more than 50 cubic metres of waste is stored at any one time; and
- (b) no waste is stored more than 3 years.
- (5) For the purposes of this paragraph “secondary containment” means an area surrounded by a bund or any other system for preventing a liquid which is no longer in its container from escaping from the place where it is stored.
47D
- (1) The mixing of ash from the incineration of pig or poultry carcases at its place of production with manure for use in land treatment as specified in sub-paragraph (2).
- (2) The treatment of land used for agriculture with agricultural waste produced on that land where such treatment results in benefit to agriculture or ecological improvement if—
- (a) the waste consists of ash from the incineration of pig or poultry carcases or such ash mixed with manure in reliance of the exemption in sub-paragraph (1);
- (b) the treatment shall be carried out in accordance with the Nutrient Action Programme Regulations (Northern Ireland) 2019;
- (c) where the waste consists only of ash from the incineration of pig or poultry carcases the waste is incorporated into the soil as soon as possible; and
- (d) the total quantity of ash incorporated into the soil does not exceed 150 kilogrammes per hectare in any period of 12 months.
- (3) The secure storage of not more than 100 tonnes of waste intended to be used to treat land as specified in sub-paragraph (2).
47E
- (1) The treatment of land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if—
- (a) the waste consists of dredgings (other than those containing dangerous substances) from farm ditches;
- (b) the treatment shall be carried out in accordance with the Nutrient Action Programme Regulations (Northern Ireland) 2019; and
- (c) the total quantity of waste used per hectare does not exceed 150 tonnes per hectare in any period of 12 months.
- (2) The secure storage of not more than 200 tonnes of waste intended to be used to treat land as specified in sub-paragraph (1).
47F
The treatment of land used for agriculture with agricultural waste where such treatment results in benefit to agriculture or ecological improvement if—
- (a) the waste consists only of spent mushroom compost;
- (b) the treatment shall be carried out in accordance with the Nutrient Action Programme Regulations (Northern Ireland) 2019;
- (c) the total quantity of waste used per hectare does not exceed 50 tonnes per hectare in any period of 12 months; and
- (d) the total quantity of waste stored at any one time does not exceed 200 tonnes.
Conditions of waste management licences: waste batteries and accumulators
11B
The Department shall ensure that any waste management licence granted or varied on or after 20th May 2009 authorising an establishment or undertaking to carry out treatment of waste batteries or accumulators contains such conditions as it considers necessary ....
Health at work
Waste oils
Groundwater
Amendments to the Groundwater Regulations (Northern Ireland) 1998
Exclusion of activities under other control regimes from waste management licensing
Exclusion from waste management licensing: waste batteries and accumulators
16A
Article 4 (1)(a), (b) and (c) of the 1997 Order shall not apply in relation to the storage of waste portable batteries or accumulators at a collection point where “ collection point” means a place where end-users are able to deposit waste portable batteries or accumulators at the premises of a distributor fulfilling its duty to take back such waste portable batteries or accumulators ....
Exemptions from waste management licensing
Registration in connection with exempt activities
Registration obligations
Refusal, revocation and cessation of registration
Waste Framework Directive
Registration of brokers
Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995
Amendment of the Special Waste Regulations (Northern Ireland) 1998
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
End of Life Vehicles Directive
Revocations
52
The secure storage at a place other than the place of production, pending its recovery, of waste batteries or accumulators of a kind described in Table 11E, if—
- (a) the total quantity of waste batteries or accumulators stored at the site at any one time does not exceed the maximum quantity specified in Table 11E;
- (b) the total duration that the waste batteries or accumulators are stored for does not exceed the maximum duration specified in Table 11E;
- (c) the waste batteries or accumulators are stored in a container separate from other wastes; and
- (d) the storage site has sealed drainage.
| EWC codes | Kind of waste | Maximum quantity | Maximum duration |
|---|---|---|---|
| 160601, 160602, 160604, 200133*, 200134 | batteries and accumulators | 5 tonnes for automotive batteries and accumulators, 10 tonnes for portable batteries and accumulators | 6 months |
Relevant objectives in relation to waste management
N.B. This Part of this Schedule is intended to list disposal operations such as they occur in practice. All waste must be disposed of without endangering human health and without harming the environment.
| *Operation Code | Description |
|---|---|
| D1 | Deposit into or onto land (e.g. landfill etc.). |
| D2 | Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.). |
| D3 | Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.). |
| D4 | Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.). |
| D5 | Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.). |
| D6 | Release into a water body except seas/oceans. |
| D7 | Release to seas/oceans including sea-bed insertion. |
| D8 | Biological treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12. |
| D9 | Physico-chemical treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 (e.g. evaporation, drying, calcination, etc.). |
| D10 | Incineration on land. |
| D11 | Incineration at sea.**This operation is prohibited by assimilated law and international conventions. |
| D12 | Permanent storage (e.g. emplacement of containers in a mine, etc.). |
| D13 | Blending or mixing prior to submission to any of the operations numbered D1 to D12 **If there is no other D code appropriate, this can include preliminary operations prior to disposal, including pre-processing such as sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12. |
| D14 | Repackaging prior to submission to any of the operations numbered D1 to D13. |
| D15 | Storage pending any of the operations numbered D1 to D14, (excluding temporary storage, pending collection, on the site where the waste is produced.** Temporary storage means preliminary storage according to point (10) of Article 3 |
NB. This part of this Schedule is intended to list recovery operations as they occur in practice. All waste must be recovered without endangering human health and without harming the environment.
| *Operation Code | Description |
|---|---|
| R1 | Use principally as a fuel or other means to generate energy. This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or greater than (i) 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1st January 2009; or (ii) 0.65for other installations. Energy efficiency is calculated according to the formula contained in Annex II of the Directive. |
| R2 | Solvent reclamation/regeneration. |
| R3 | Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes).** This includes gasification and pyrolisis using the components as chemicals. |
| R4 | Recycling/reclamation of metals and metal compounds. |
| R5 | Recycling/reclamation of other inorganic materials.** This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials. |
| R6 | Regeneration of acids or bases. |
| R7 | Recovery of components used for pollution abatement. |
| R8 | Recovery of components from catalysts. |
| R9 | Oil re-refining or other reuses of oil. |
| R10 | Land treatment resulting in benefit to agriculture or ecological improvement. |
| R11 | Use of waste obtained from any of the operations numbered R1 to R10. |
| R12 | Exchange of wastes for submission to any of the operations numbered R1 to R11*If there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11. |
| R13 | Storage of waste pending any of the operations numbered R1 to R12 (excluding temporary storage, pending collection, on the site where the waste is produced.**Temporary storage means preliminary storage according to point (10) of Article 3. |
PART IV — Duties of planning authorities
Interpretation of this Part
1
In this Part—
- “the 1991 Order” means the Planning (Northern Ireland) Order 1991;
- “the 2006 Order” means the Planning (Inquiry Procedures) Rules (Northern Ireland) Order 2006;
- “planning permission” has the meaning given in Article 2 of the 1991 Order.
Meaning of planning authority
2
In this Part, “planning authority” means—
- (a) the Department;
- (b) the Department for Regional Development, in relation to the Strategic Planning (Northern Ireland) Order 1999;
- (c) the Planning Appeals Commission, in respect of its functions under the Planning Act (Northern Ireland) 2011; and
- (d) a district council.
Meaning of planning functions
3
- (1) In this Part, “planning functions” means any of the following functions other than a function which must be discharged by statutory instrument—
- (a) determining—
- (i) an application for planning permission under Article 25 of the 1991 Order; or
- (ii) an appeal made under Article 32 of the 1991 Order in relation to the determination of such an application;
- (iii) an appeal made under Article 33 of the 1991 Order in relation to an appeal in default of planning decision;
- (b) deciding whether to take action under Article 71(1)(a) or (b) or Article 95 of the 1991 Order;
- (c) deciding whether—
- (i) in making or confirming a discontinuance order, to include in the order any grant of planning permission; or
- (ii) to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission;
- (d) discharging functions under Part 3 of the 1991 Order, or the Strategic Planning (Northern Ireland) Order 1999;
- (2) In paragraph (1)(c), “discontinuance order” means an order under section 39 of the 1991 Order.
Exercise of planning functions
4
The planning authority shall have regard to the following provisions of Part I when exercising its planning functions to the extent that those functions relate to waste management—
- (a) paragraph 4(4)(b)(i); and
- (b) paragraph 5(3)(c).
Further duties in relation to planning permission
5
- (1) The planning authority shall not grant planning permission for a landfill unless it has taken into consideration the requirements set out in paragraph (1A)
- (1A) The location of the landfill must take into consideration requirements relating to—
- (a) the distances from the boundary of the site to residential and recreation areas, waterways, water bodies and other agricultural or urban sites;
- (b) the existence of groundwater, coastal water or nature protection zones in the area;
- (c) the geological and hydrogeological conditions in the area;
- (d) the risk of flooding, subsidence, landslides or avalanches on the site; and
- (e) the protection of the nature or cultural patrimony of the site.
- (2) The Department shall not grant planning permission for a mining waste facility ... unless it is satisfied that—
- (a) the operator of that facility shall meet the requirements of set out in sub-paragraph (2A); and
- (b) the management of waste at that facility shall not conflict directly or otherwise interfere with objectives referred to in paragraph 4 of Part 1.
- (2A) These requirements are that the waste facility is suitably located taking into account particular assimilated law or national obligations relating to protected areas and geological, hydrological, hydrogeological, seismic and geotechnical factors and is designed to meet the necessary conditions for the short and long term perspectives, preventing pollution of the soil, air, groundwater or surface water and ensuring efficient collection of contaminated water and leachate as and when required under the permission and reducing erosion caused by water or wind as far as is technically possible and economically viable.
- (3) In this regulation—
- “landfill” means a waste disposal site for the deposit of waste on to or into land (including underground) including a site falling within paragraph (a) or (b) but not (c)—internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production); anda permanent site (i.e. more than one year) which is used for temporary storage of waste but excluding—facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;storage of waste prior to recovery or treatment less than three years as a general rule; orstorage of waste prior to disposal for a period of less than one year;the following operations do not fall within paragraph (a) or (b)—the spreading of sludges, including sewage sludges and sludges resulting from dredging operations and similar matter on the soil for the purpose of fertilisation or improvement;the use of inert waste which is suitable, in redevelopment/restoration and filling-in work for construction purposes in landfills;the deposit of non-hazardous dredging sludges alongside small waterways from where they have been dredged out of and non-hazardous sludges in surface water including the bed or its subsoil; andthe deposit of unpolluted soil or of non-hazardous waste resulting from prospecting and extraction, treatment and storage of mineral resources as well as from the operation of quarries.
- “mining waste facility” means any area designated for the accumulation or deposit of extractive waste whether in a solid or liquid state or in solution or suspension for the following periods— no time period for Category A waste facilities and facilities for waste characterised as hazardous in the waste management plan;a period of more than one year for facilities for non-hazardous non-inert waste; ora period of more than three years for facilities for unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment or storage of peat and insert waste;
- “waste facility” is deemed to include any dam or other structure to contain, retain or confine or otherwise support such a facility and also to include, but not be limited to heaps and ponds, but excluding excavation voids into which waste is replaced after extraction of the mineral for rehabilitation and construction purposes, but does not include any facility—closed by 1 May 2008; orwhich stopped accepting waste before 1 May 2006.
Registration as a broker or dealer and amendment of entries
11A
For the purposes of Table 3 the following definitions apply—
- “conventional treatment” means any treatment process used to reduce the fermentability and possible health hazards associated with sludge, including biological, chemical or heat treatments that ensure that at east 99% of pathogens have been destroyed;
- “enhanced treatment” means any treatment process which is capable of virtually eliminating any pathogens which may be present in the original sludge and which will be free from Salmonella and will have been treated so as to ensure that 99.9999% pathogens have been destroyed (a 6 log reduction).
| EWC Code | Types of waste | Limitation |
|---|---|---|
| PART I | PART I | PART I |
| Wastes from physical and chemical processing of non-metalliferous minerals (01 04) | ||
| 01 04 08 | waste gravel and crushed rocks other than those mentioned in 01 04 07 | |
| 01 04 09 | waste sand and clays | |
| wastes from sugar processing (02 04) | ||
| 02 04 01 | soil from cleaning and washing beet | |
| Wastes from power stations and other combustion plants (except 19) (10 01) | ||
| 10 01 01 | bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04) | Bottom ash and slag only |
| Wastes from manufacture of ceramic goods, bricks, tiles and construction products (10 12) | ||
| 10 12 08 | waste ceramics, bricks, tiles and construction products (after thermal processing) | |
| Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13) | ||
| 10 13 14 | waste concrete and concrete sludge | |
| Construction and demolition wastes (including excavated soil from contaminated sites) comprising concrete, bricks, tiles and ceramics (17 01) | ||
| 17 01 01 | Concrete | |
| 17 01 02 | Bricks | |
| 17 01 03 | tiles and ceramics | |
| 17 01 07 | mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 | |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05) | ||
| 17 05 08 | Track ballast other than that mentioned in 17 05 07 | |
| Wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, palletising) not otherwise specified (19 12) | ||
| 19 12 09 | minerals (for example sand, stones) | |
| Wastes from soil and groundwater remediation (19 13) | ||
| 19 13 02 | Solid wastes from soil remediation other than those mentioned in 19 13 01 | |
| Garden and park wastes (including cemetery waste) (20 02) | ||
| 20 02 02 | soil and stones | |
| PART II | PART II | PART II |
| Wastes from pulp, paper and cardboard production and processing (03 03) | ||
| 03 03 05 | de-inking sludges from paper recycling | |
| 03 03 07 | Mechanically separated rejects from pulping of waste paper and cardboard | |
| 03 03 09 | lime mud waste | |
| 03 03 99 | Wastes not otherwise specified | De-inked paper pulp only |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05) | ||
| 17 05 04 | soil and stones other than those mentioned in 17 05 03 | |
| 17 05 06 | Dredging spoil other than that mentioned in 17 05 05 | |
| Wastes from aerobic treatment of solid wastes (19 05) | ||
| 19 05 03 | Off-specification compost | biodegradable waste only |
| Wastes from waste water treatment plants not otherwise specified (19 08) | ||
| 19 08 05 | sludges from treatment of urban waste water | |
| Wastes from the preparation of water intended for human consumption or water for industrial use (19 09) | ||
| 19 09 02 | sludges from water clarification | |
| Wastes from soil and groundwater remediation (19 13) | ||
| 19 13 04 | Sludges from soil remediation other than those mentioned in 19 13 03 |
Conditions of waste management licences: calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators
11C
- (1) The Department must exercise its relevant functions so as it ensures compliance with assimilated law.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health at work
Waste oils
Groundwater
Amendments to the Groundwater Regulations (Northern Ireland) 1998
Exclusion of activities under other control regimes from waste management licensing
Exclusion from waste management licensing: waste batteries and accumulators
Exemptions from waste management licensing
Registration in connection with exempt activities
Registration obligations
Refusal, revocation and cessation of registration
Waste Framework Directive
Registration of brokers
Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995
Amendment of the Special Waste Regulations (Northern Ireland) 1998
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
End of Life Vehicles Directive
Revocations
Conditions of waste management licences: separately collected food waste
11D
- (1) The Department shall ensure that any waste management licence granted or varied on or after 1st April 2015 authorising the storage or treatment (or both) of food waste contains such conditions as it considers necessary to ensure that no waste collected and transported in accordance with Article 5(2E) of the 1997 Order is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.
- (2) Any waste management licence granted before 1st April 2015 authorising the storage or treatment (or both) of food waste and which continues in existence after that date shall be deemed to contain a condition requiring the operator to ensure that food waste collected and transported in accordance with Article 5(2E) of the 1997 Order is not mixed with any other waste or any material, to the extent that mixing would hamper future recycling.
Health at Work
Waste oils
Groundwater
Amendments to the Groundwater Regulations (Northern Ireland) 1998
Exclusion of activities under other control regimes from waste management licensing
Exclusion from waste management licensing: waste batteries and accumulators
Exemptions from waste management licensing
Registration in connection with exempt activities
Registration obligations
Refusal, revocation and cessation of registration
Food waste exemptions from waste management licensing
20A
- (1) An establishment or undertaking carrying out an exempt activity in respect of food waste, under paragraphs 13 or 40 of Part 1 of Schedule 2 (Activities exempt from waste management licensing), may continue to carry out that activity at that place in accordance with these Regulations, as they were in operation immediately before 1 April 2015 until the determination date.
- (2) “Determination date” in this regulation means where in accordance with regulation 18, notice is given by an establishment or undertaking in relation to an exempt activity in respect of food waste under paragraphs 13 or 40 of Part 1 of Schedule 2 (Activities exempt from waste management licensing), the date on which the Department enters the relevant particulars in the register or, if it refuses to do so, the date it notifies the establishment or undertaking of its decision.
Waste Framework Directive
Registration of brokers
Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995
Amendment of the Special Waste Regulations (Northern Ireland) 1998
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
End of Life Vehicles Directive
Revocations
3
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4
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SCHEDULE6 — Prescribed Offences
1
The offences to be regarded as prescribed offences for the purposes of Article 3(3)(a) of the 1997 Order are listed in Tables 1-3—
| Number | Offence(s) |
|---|---|
| 1. | Articles 33(4) and 36(1) of and paragraph 9 of Schedule 5, paragraph 5(a) and paragraph 9(2) of Schedule 6 and Part 1, paragraph 14(5) of Schedule 7 to the Drainage (Northern Ireland) Order 1973 |
| 2. | Articles 29(1) and 72(3) of the Pollution Control and Local Government (Northern Ireland) Order 1978 |
| 3. | Articles 4(6), 5(8), 5E(7), 5E(9), 6(7), 12(12), 12(13), 15(5A), 18(1), 18(2), 21(6), 22(6), 27(5), 28(5), 29(3), 31(2), 38(1), 42(4), 44(2), 74(1), 74(2) and 74(3) of the Waste and Contaminated Land (Northern Ireland) Order 1997 |
| 4. | Articles 7(1), 7(4), 12(3), 19(1), 28(3) and 29 of the Water (Northern Ireland) Order 1999 |
| 5. | Regulations 12(1), 12(2), 12(3) and 12(4) of the Environmental Protection (Disposal of Polychlorinated Biphenyls and Other Dangerous Substances) Regulations (Northern Ireland) 2000 |
| 6. | Articles 20(1), 20(2) and 20(3) of the Environment (Northern Ireland) Order 2002 |
| 7. | Regulation 12 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003 |
| 8. | Regulations 31, 42(1) and 42(2) of the End of Life Vehicles Regulations 2003 |
| 9. | Regulations 18(1) and 22(1) of and paragraphs 12(1), 12(2), 14(5), 14(7) and 14(8) of Part 1 of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003 |
| 10. | Regulation 17(1) of the Landfill Regulations (Northern Ireland) 2003 |
| 11. | Regulations 43(1), 43(4) and 43(5) of the Hazardous Waste Regulations (Northern Ireland) 2005 |
| 12. | Regulation 6(1) of the Radioactive Contaminated Land Regulations (Northern Ireland) 2006 |
| 13. | Regulations 18(10), 24(1) and 24(2) of the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 |
| 14. | Regulations 40(1), 40(3), 40(4), 40(5), 40(6), 40(7) and 40(8) of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 |
| 15. | Regulations 17, 18, 19(2), 21, 22(2), 23, 24(2), 25, 26, 31, 32(2), 36, 37(2), 38(2), 38(3), 38(4), 39(2), 40(2), 41(2), 42(2), 43, 44(2), 45(2), 52(1), 53, 54, 55 and 57 of the Transfrontier Shipment of Waste Regulations 2007 |
| 16. | Regulation 30(1) of the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 |
| 16a. | Regulation 21(1) of the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020 |
| 17. | Regulations 89(1), 89(2), 89(3), 89(4), 89(5) and 89(6) of the Waste Batteries and Accumulators Regulations 2009 |
| 18. | Regulations 9(3), 10(3), 17(4), 26(14) and 27 of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 |
| 19. | Regulations 19(1), 24(3) and 25(3) of the Groundwater Regulations (Northern Ireland) 2009 |
| 20. | Section 85(1) of the Marine and Coastal Access Act 2009 |
| 21. | Regulation 24 of the Waste Regulations (Northern Ireland) 2011 |
| 22. | Sections 42(6), 43(5), 76(9), 85(1), 85(5), 103(1), 109(3), 117(1), 126(1), 126(3), 127(1), 134(1), 134(5), 137(1), 146(9), 147(2), 149(5), 150(12), 152(9), 168(1), 168(6), 172(1), 175(2), 178(2), 178(5), 237(2), 237(3) and 240(3) of the Planning Act (Northern Ireland) 2011 |
| 23. | Regulations 82(6), 89(10), 90(1), 90(2), 90(3), 90(4), 90(5), 90(6), 90(7), 90(8) and 90(9) of the Waste Electrical and Electronic Equipment Regulations 2013 |
| 24. | Sections 32(1) and 33(1) of the Marine Act (Northern Ireland) 2013 |
| 25. | Regulation 36(1) of the Pollution, Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 |
| 26. | Regulations 30(1), 30(2), 30(3), 30(5) and 30(6) of the Nitrates Action Programme Regulations (Northern Ireland) 2014 |
| Number | Offence(s) |
| --- | --- |
| 1. | Sections 24(5), 50(2), 50(3), 50(6), 64(7), 67(1), 67(3), 68(2), 68A(1), 100(1), 100(3), 129(3), 136(1), 136(1A), 159(6), 167(1), 167(3), 168(1), 170(1), 170(2) and 170B of the Customs and Excise Management Act 1979 |
| 2. | Sections 1, 2, 3, 4, 5(1), 5(2), 5(3), 5(4), 14, 15, 16(1), 16(2), 17(1), 17(2), 18(1) and 19(1) of the Forgery and Counterfeiting Act 1981 |
| 3. | Paragraphs 15(1), 15(3), 15(4), 15(5), 15(6) and 15(7) of Part IV of Schedule 5 to the Finance Act 1996 |
| 4. | Sections 1(1), 6(1), 7(1), 9(1) and 11(1) of the Fraud Act 2006 |
| Number | Offence(s) |
| --- | --- |
| 1. | Section 114 of the Public Health Act 1878 |
| 2. | Sections 1(1), 8(1), 9(1), 10(1), 11(1), 17(1), 18(1), 21(1) and 23A(1) of the Theft Act (Northern Ireland) 1969 |
| 3. | Sections 4, 6, 8, 9, 11(2), 19, 20 and 23(4) of the Misuse of Drugs Act 1971 |
| 4. | Sections 24(1), 24A(1), 25(1), 25A(1), 25B(1), 26(1), 26A(3), 26B(1), 26B(2) and 27 of the Immigration Act 1971 |
| 5. | Sections 98(3) and 98(4) of the Local Government Act (Northern Ireland) 1972 |
| 6. | Article 31(1) of the Health and Safety at Work (Northern Ireland) Order 1978 |
| 7. | Articles 3, 9(13), 11A(1), 15B(11), 19G(4), 31E(1), 31E(2), 72(1), 72(2), 73A(4), 81(1), 82(3), 86(1), 90(4), 91A(1), 95(2), 96(2), 97(3), 168A(1), 172(1), 172B, 174(2), 175(2), 180(1) and 180(4) of the Road Traffic (Northern Ireland) Order 1981 |
| 8. | Sections 49(1), 49(2), 50(1), 51(1), 52(1), 53(1), 53(2), 53(3) and 58(1) of the Drug Trafficking Act 1994 |
| 9. | Articles 30(4), 31(1), 47(1), 47(2), 53 and 54(1) of the Criminal Justice (Northern Ireland) Order 1996 |
| 10. | Article 26A(8) of the Juries (Northern Ireland) Order 1996 |
| 11. | Sections 69A(8) and 69C(10) of the Northern Ireland Act 1998 |
| 12. | Sections 11(1), 12(1), 12(2), 12(3), 13(1), 15(1), 15(2), 15(3), 16, 17, 18(1), 19(2), 21A(1), 21D(1), 21D(3), 54(1), 54(2), 54(3), 56(1), 57(1), 58(1), 58A(1), 60(1), 62(1), 63(1), 63A(1), 63B(1), 63C(1), 63D(1), 63D(3), 87(6), 89(2), 93(1), 94(2), 94(3), 95(4), 96(3), 103(1) and 116(3) of and paragraphs 3(7), 14(1), 15(4), 16(3), 19(7), 20(6) and 32(3) of Schedule 5, paragraph 1(3) of Schedule 6, paragraph 18(1) of Schedule 7 and paragraphs 2, 3(1), 4(1), 6(3), 15(1) and 16(3) of Schedule 13 to the Terrorism Act 2000 |
| 13. | Sections 327(1), 328(1), 329(1), 330(1), 331(1) and 332(1) of the Proceeds of Crime Act 2002 |
| 14. | Articles 3(1), 3(2), 6(6), 10(3), 13(2), 15(10), 16(2), 21(4), 24(1), 27(6), 30(1), 35(9), 36(3), 37(4), 38(7), 39(3), 40(4), 41(5), 42(4), 43(5), 44(6), 45(1), 45(2), 45(5), 48(4), 49(5), 51(2), 52(4), 53(5), 54(2), 55(5), 56(3), 58(2), 59(2), 60(1), 61, 62, 63(6), 63(8), 64(1), 65, 66, 67(1), 67(3), 72(2)(c) and 73(1) of the Firearms (Northern Ireland) Order 2004 |
| 15. | Sections 21(3), 26(2), 31(1), 32(2) and 32(3) of and paragraphs 4, 5, 6 and 8(3) of Schedule 6 to the Justice and Security (Northern Ireland) Act 2007 |
| 16. | Sections 25(1), 44(1), 45 and 46(1) of the Serious Crime Act 2007 |
| 17. | Sections 1(7), 5(2), 9(3), 9(4), 11(2)(a), 16(1), 17(1), 28 and 45(6) of the Transport Act (Northern Ireland) 2011 |
| 18. | Sections 1(3), 8(9), 10(5), 11(4), 11(7), 12(4), 15(4), 16(13) and 17(1) of and paragraph 5 of Schedule 1 and paragraphs 9(1) and 9(5) of Schedule 2 to the Scrap Metal Dealers Act 2013 |
| 19. | Regulations 19 and 20(1) of the Animal By-Products (Enforcement) Regulations (Northern Ireland) 2015 |
| 20. | Sections 1(1), 2(1), 2(7) and 4(1) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 |
SCHEDULE 1A — Definition of “relevant waste”
- “Relevant Waste” means—subject to paragraph 38 of Schedule 2 and paragraphs (b) to (h), any substance or object which the holder discards or intends or is required to discard;the following are excluded from the scope of paragraph (a)—gaseous effluents emitted into the atmosphere;land (in situ) including unexcavated contaminated soil and buildings;uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;radioactive waste;decommissioned explosives;faecal matter, if not covered by sub-paragraph (c)(ii), straw or other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from biomass through processes or methods which do not harm the environment or endanger human health;the following shall be excluded from the scope of paragraph (a) to the extent that they are covered by other assimilated law or EU law which applies by virtue of the Northern Ireland Protocol—waste waters;animal by-products including processed products covered by Regulation 1069/2009, except those which are destined for incineration, landfilling or use in a biogas or composting plant;carcasses of animals that have died otherwise than by being slaughtered, including animals killed to eradicate epizootic diseases and that are disposed in accordance with 1069/2009;waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries; substances that are destined for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC) No 767/2009 of the European Parliament and of the Council and that do not consist of or contain animal by-products;without prejudice to obligations under other relevant assimilated law, sediments located inside surface waters for the purpose of managing waters and waterways or of preventing flood or mitigating the effects of floods, drought or land reclamation shall be excluded from the scope of paragraph (a) if it is proved that the sediments are non-hazardous;a substance or object resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in paragraph (a) but as being a by-product only if the following conditions are met—further use of the substance or object is certain;the substance or object can be used directly without any further processing other than normal industrial practice;the substance or object is produce as an integral part of the process; andfurther use is unlawful i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts;certain specified waste shall cease to be within the scope of paragraph (a) when it has undergone a recycling or other recovery operation if it complies with the following conditions— the substance or object is to be used for specific purposes;a market or demand exists for such a substance or object;the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products;the use of the substance or object will not lead to overall adverse environmental or human health impacts; andthe criteria shall include limit values for pollutants where necessary and shall take into account possible adverse environmental effects of the substance or object;waste which ceases to be waste in accordance with this Schedule shall cease to be waste for the purposes of any relevant assimilated law when recycling or recovery requirements of that law or satisfied; andthe Department may decide case by case whether certain waste has ceased to be waste taking into account applicable case law.
Fees and charges for registration in connection with exempt activities
20B
- (1) There are to be charged by and paid to the Department—
- (a) in respect of applications for registration, and
- (b) in respect of the subsistence of registrations,
such fees and charges as may be provided for by a scheme under paragraph (2) (but this is subject to regulations 18(4A) and 19(2)).
- (2) The Department may make, and from time to time revise, a scheme (“a charging scheme”) specifying—
- (a) fees in respect of applications for registration, payable to the Department, by the applicant, in respect of each place to which an application relates;
- (b) charges in respect of the subsistence of registrations, payable to the Department by persons to whom registrations have been issued.
- (3) The Department must, when it makes or amends a charging scheme—
- (a) lay a copy of the scheme or amendments before the Assembly, and
- (b) publish the scheme or the amendments.
- (4) A charging scheme may in particular—
- (a) provide for fees or charges payable in respect of applications or the subsistence of registrations to differ according to the activities to which the applications or registrations relate (including by providing for no fee or charge in the case of some activities);
- (b) provide for reductions of fees where conditions specified in the scheme are met;
- (c) provide for the times at which, and the manner in which, payments of fees or charges are to be made;
- (d) make such incidental, supplementary and transitional provision as appears to the Department to be appropriate.
- (5) If it appears to the Department that a person to whom a registration has been issued has failed to pay a charge due in respect of the subsistence of the registration, the Department may, by notice in writing served on that person, revoke the registration.
- (6) In this regulation—
- (a) “registration” means registration under regulation 18;
- (b) any reference to an application for registration includes an application for renewal of a registration.
Waste Framework Directive
Registration of brokers
Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995
Amendment of the Special Waste Regulations (Northern Ireland) 1998
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
End of Life Vehicles Directive
Revocations
Conditions of waste management licences: Materials facilities
11E
The Department shall ensure that any waste management licence granted or varied on or after 1st April 2025 authorising the treatment of waste material at a materials facility contains a condition requiring the holder of the licence to comply with the Materials Facilities Code.
Health at Work
Waste oils
Groundwater
Amendments to the Groundwater Regulations (Northern Ireland) 1998
Exclusion of activities under other control regimes from waste management licensing
Exclusion from waste management licensing: waste batteries and accumulators
Exemptions from waste management licensing
Registration in connection with exempt activities
Registration obligations
Refusal, revocation and cessation of registration
Food waste exemptions from waste management licensing
Fees and charges for registration in connection with exempt activities
Waste Framework Directive
Registration of brokers
Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995
Amendment of the Special Waste Regulations (Northern Ireland) 1998
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
End of Life Vehicles Directive
Revocations
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