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The Waste Regulations (Northern Ireland) 2011

Type Ni-Statutory-Rule

Publication 2011-03-16

Last updated 2025-02-27

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 16th March 2011

Coming into operation: 8th April 2011

The Department of the Environment acting in exercise of the powers conferred upon it by that section and by Articles 3(3)(a), 4(3), 5(7), 38(3)(a), 39(1), 39(3), 40(3), 48 and 77 of the Waste and Contaminated Land (Northern Ireland) Order 1997[^f00003],hereby makes the following Regulations.

PART 1

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Waste Regulations (Northern Ireland) 2011 and except as provided in paragraphs (2), (3) and (4) shall come into operation on 8th April 2011.

(2) Regulation 17 shall come into operation on 8th October 2011.

(3) Regulation 18 shall come into operation on 1st January 2015.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Interpretation Act (Northern Ireland) 1954[^f00004] shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2 — Amendment of primary legislation

Amendment of the Environment (Northern Ireland) Order 2002

2

(1) The Environment (Northern Ireland) Order 2002 shall be amended as follows.

(2) For paragraph 20(2)(b) of Part I of Schedule 1 substitute—

(b) Directive 2008/98/EC of the European Parliament and of the Council on waste;

Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

3

(1) The Waste and Contaminated Land (Northern Ireland) Order 1997 shall be amended in accordance with regulations 3(2) to 8.

(2) In Article 2 (general interpretation)—

(a) in paragraph (2) insert the following definitions in the appropriate alphabetical order—

“broker” means any person arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“dealer” means any person who acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;

“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

(b) in paragraph (2) substitute the following definition—

“waste” means any substance or object which the holder discards or intends or is required to discard; and for the purposes of this definition—“holder” means the producer of the waste or the person who is in possession of it: and“producer” means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;in paragraph (2) omit the following definition—

“the Waste Directive” means Directive 2006/12/EC of the European Parliament and of the Council dated 5 April 2006, on waste;omit paragraph (6).

4

(1) In Article 5 (duty of care, etc., as respects waste)—

(a) in paragraph (1) after “produces,” insert “collects,” and after “broker” insert or dealer”;

(b) paragraph (1)(c)(i) delete “and”;

(d) after paragraph (1)(c)(ii) insert—

(iii) that any waste oils are separately collected where technically feasible.

(2) Omit paragraph (14).

5

(1) In Article 19 (waste management strategy)—

(a) for paragraph (2) substitute—

(2) The Department— (a) shall review the waste management strategy at least every sixth year; (b) may from time to time modify the waste management strategy; - but this paragraph shall not apply to so much of a waste management strategy as relates to the matters mentioned in paragraphs 7(b), (c), (d) and 8 of Part 2 of Schedule 3.

(b) for paragraph (4) substitute—

(4) The waste management strategy:- (a) shall include a statement of the Department’s policies for attaining the objectives set out in Part 1 Schedule 3; (b) shall include the matters set out in Part 2 of that Schedule; and (c) may include the matters set out in Part 3 of that Schedule.

(4A) Steps taken before the coming into operation of this paragraph in relation to the waste management strategy may be steps for the purposes of Articles 19, 19A, 19B and 19C.

(d) after paragraph (7) insert—

(8) The Department shall ensure that the waste management strategy conforms to the strategy for the reduction of biodegradable waste going to landfill required by section 20(1) of the Waste and Emissions Trading Act 2003.

6

(1) In Article 30 (special provision with respect to certain dangerous or intractable waste)—

(a) in sub-paragraph (2)(e) after “broker” insert “or dealer”; and

(b) paragraph (4) is repealed.

7

Schedule 1 is repealed.

8

For Schedule 3 substitute —

SCHEDULE 3 (1) To protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use. (2) (1) To apply the following waste hierarchy as a priority order in waste prevention and management policy— (a) prevention; (b) preparing for re-use; (c) recycling; (d) other recovery (for example energy recovery); and (e) disposal. (2) In applying the waste hierarchy in sub-paragraph (1) the Department shall ensure that it— (a) encourages the options that deliver the best overall environmental outcome, which may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste; (b) takes into account— (i) the general environmental protection principles of precaution and sustainability; (ii) technical feasibility and economic viability; (iii) protection of resources; and (iv) the overall environmental, human health, economic and social impacts. (3) To ensure that waste management is carried out without endangering human health, without harming the environment and, in particular— (a) without risk to water, air, soil, plants or animals; (b) without causing a nuisance through noise or odours; and (c) without adversely affecting the countryside or places of special interest. (4) (1) To establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques. (2) The network must be designed so as to enable the European Union as a whole to become self-sufficient in waste disposal as well as in the recovery of mixed municipal waste collected from private households, and to enable the United Kingdom to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste. (3) The network must enable waste to be disposed of or mixed municipal waste collected from private households for recovery, to be recovered in one of the nearest appropriate installations, by means of the most appropriate methods and technologies, so as to ensure a high level of protection for the environment and human health. (4) This paragraph does not require that the full range of final recovery facilities is located in Northern Ireland. (5) The waste management strategy must include— (a) a statement of the Department’s policies for attaining the objectives specified in Part 1 of this Schedule; and (b) an analysis of the current waste management strategy, an analysis of the measures to be taken to improve environmentally sound preparation for re-use, recycling, recovery and disposal of waste and an evaluation of how the waste management strategy will support the implementation of the objectives and provisions of the Waste Framework Directive. (6) The waste management strategy must include such matters as the Department considers appropriate, taking into account the geographical level and geographical area to which the waste management strategy relates and including at least the following— (a) the type, quantity and source of waste generated within Northern Ireland; (b) the waste likely to be shipped from or to Northern Ireland; (c) an evaluation of the development of waste streams in the future; (d) existing waste collection schemes and major disposal and recovery installations, including any special arrangements for waste oils, hazardous waste or waste streams addressed by specific European Union legislation; (e) an assessment of the need for new collection schemes, the closure of existing waste installations, additional waste installation infrastructure, and, if necessary the related investments; (f) sufficient information on the location criteria for site identification and on the capacity of future disposal or major recovery installations, if necessary; and (g) general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems. (7) The waste management strategy must include policies in relation to packaging waste, separate collection of waste, bio-waste and re-use and including— (a) a chapter on the management of packaging and packaging waste, including measures taken pursuant to Articles 4 and 5 of the Packaging Waste Directive; (b) measures to promote high quality recycling including the setting up of separate collections of waste where technically, environmentally and economically practicable; (c) measures to encourage the separate collection of bio-waste with a view to the composting and digestion of bio-waste; (d) measures to be taken to promote the re-use of products and preparation for re-use activities, in particular— (i) measures to encourage the establishment and support of re-use and repair networks; (ii) the use of economic instruments; (iii) the use of procurement criteria; and (iv) the setting of quantitative objectives. (8) The waste management strategy must include policies in relation to preparing for re-use, recovery and recycling targets including— (a) measures to be taken to ensure that by 2020, at least 50% by weight of waste from households is prepared for re-use or recycled; (b) measures to be taken to ensure that by 2020, at least 70% by weight of construction and demolition waste excluding— (i) hazardous waste; and (ii) naturally occurring material falling within code 17 05 04 in the Schedule to the List of Wastes Regulations (Northern Ireland) 2005, is subjected to material recovery. (9) The Department may include the following in the waste management strategy, taking into account the geographical area to which the strategy relates— (a) organisational aspects related to waste management including a description of the allocation of responsibilities between public and private operators carrying out waste management; (b) an evaluation of the usefulness and suitability of the use of economic and other means of tackling various waste problems, taking into account the need to maintain the smooth functioning of the internal market; (c) awareness campaigns and information provision directed at the general public or at a specific set of consumers; and (d) measures for the remediation of historical contaminated waste disposal sites.

PART 3 — Waste

Interpretation of Part 3

9

(1) In this Part the following definitions apply:-

“appropriate authority” means the Department of Agriculture, Environment and Rural Affairs;

“best available techniques” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;

“bio-waste” means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants;

“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

“co-mingled collection” means the collection of waste streams intended for recycling together with each other but separately from other waste;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (and Annex I to the Waste Framework Directive sets out a non-exhaustive list of disposal operations);

“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

“hazardous waste” has the same meaning as given in regulation 6 of the Hazardous Waste Regulations (Northern Ireland) 2005 (waste which displays one or more of the hazardous properties listed in Annex III of the Waste Framework Directive);

“holder” means the producer of the waste or the natural or legal person who is in possession of it;

“household waste” means waste generated by households;

“Industrial Emissions Directive” means Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention control);

“Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, read in accordance with regulation 9B; and

“local authority” means a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;

“material recovery” means any recovery operation, excluding energy recovery and the reprocessing into materials which are used as fuel;

“Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with regulation 9C;

“municipal waste” means—mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture; andmixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households;but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities;

“pollution of the environment” means pollution of the environment due to the release or escape (into any environmental medium) from—the land on which waste is treated;the land on which waste is kept;the land in or on which waste is deposited;fixed plant by means of which waste is treated, kept or disposed of,of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to humans or to any other living organisms supported by the environment; and this definition applies in relation to mobile plant by means of which waste is treated or disposed of as it applies to fixed plant on land by means of which waste is treated or disposed of;

“preparing for re-use” means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing;

“prevention” means measures taken before a substance, material or product has become waste, that reduce—the quantity of waste, including through the re-use of products or the extension of the life span of products;the adverse impacts of the generated waste on the environment and human health; orthe content of hazardous substances in materials and products;

“producer” means any person whose activities produce waste (original waste producer) or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;

“public consultees” means the persons to whose attention proposals for the waste prevention programme are brought by the Department pursuant to regulation 15(1)(b);

“recovery” means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared for that function, in the plant or in the wider economy. Annex II to the Waste Framework Directive sets out a non-exhaustive list of recovery operations;

“recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

“regeneration of waste oils” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils;

“re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

“separate collection” means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment;

“the Industrial Pollution Control Order” means the Industrial Pollution Control (Northern Ireland) Order 1997;

“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2018/851 and as read in accordance with regulation 9D;

“the Waste Hierarchy” means the priority order which shall apply to the prevention and management of waste as follows—prevention;preparing for re-use;recycling;other recovery, e.g. energy recovery; anddisposal;

“treatment” means recovery or disposal operations, including preparation prior to recovery or disposal;

“waste” means any substance or object which the holder discards or intends or is required to discard;

“waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations, the after-care of disposal sites, and actions taken as a dealer or broker;

“waste prevention programme” means one or more programmes of waste prevention measures established in accordance with regulation 10;

“waste producer” means any person whose activities produce waste (original waste producer) or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste.

(2) Subject to regulation 25, these regulations do not apply in relation to waste which is excluded from the scope of the waste framework directive by Articles 2(1), (2) or (3) of that Directive.

Establishment of waste prevention programmes

10

(1) The Department shall, not later than 12th December 2013—

(a) evaluate the usefulness of the waste prevention measures set out as examples in the Schedule and such other waste prevention measures as the Department thinks fit; and

(b) establish one or more waste prevention programmes.

(2) A programme established before the coming into operation of this provision may be considered a waste prevention programme for the purposes of this provision.

Purposes, etc. of waste prevention programmes

11

(1) The Department shall ensure that a waste prevention programme—

(a) is established in accordance with Articles 1 and 4 of the Waste Framework Directive;

(aa) includes one of more programmes of food waste prevention measures;

(b) has as its purpose a contribution towards breaking the link between economic growth and the environmental impacts associated with the generation of waste;

(c) is expressed in writing and sets out the objectives of the waste prevention programme and a description of existing waste prevention measures and their contribution to waste prevention;

(d) if it is integrated into the waste management strategy or other programme, is clearly identified as a waste prevention programme ;

(e) sets out at least the waste prevention measures in the Schedule; and

(f) where relevant, describes the contribution of instruments listed in Part 4 of Schedule 3 to the Waste and Contaminated Land (Northern Ireland) Order 1997.

Monitoring and evaluation of waste prevention programmes

12

(1) The Department shall—

(a) establish appropriate qualitative and quantitative indicators and targets, such as on the quantity of waste that is generated, against which to monitor and access the implementation of the waste prevention measures; and

(b) publish the benchmarks and any targets or indicators it establishes.

Review and modification of waste prevention programmes

13

(1) The Department ...—

(a) shall review each waste prevention programme at least every sixth year; and

(b) may from time to time modify the waste prevention programmes in accordance with Article 30 of the Waste Framework Directive.

Public participation in waste prevention programmes

14

(1) Regulations 15 and 16 apply to the modification of a waste prevention programme as they apply to the preparation of such a programme.

(2) Regulations 15 and 16 do not apply to a waste prevention programme—

(a) designed for the sole purpose of serving national defence or taken in case of civil emergencies;

(b) for which a public participation procedure is carried out under the Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004[^f00005];

(c) containing only provision relating to separation collection of waste, bio-waste, re-use, preparing for re-use, recovery and recycling targets;

(3) Steps taken before the coming into operation of these Regulations in relation to a waste prevention programme may be steps for the purposes of regulations 15 and 16.

Public participation procedures

15

(1) As soon as reasonably practicable after preparing proposals for a waste prevention programme or for the modification of such a waste prevention programme, the Department shall—

(a) send a copy of the proposals to the consultation bodies;

(b) take such steps as it considers appropriate to bring the proposals to the attention of the persons who in the Department’s opinion—

(i) are, or are likely to be affected by the waste prevention programme; or

(ii) have an interest in the waste prevention programme;

(i) at which a copy of the proposals may be viewed; and

(ii) from which a copy of the proposals may be obtained;

(d) invite the consultation bodies and public consultees to express their opinion on the proposals, specifying the address to which, and the period within which opinions must be sent.

(2) The period referred to in paragraph (1)(d) must be of such length as will ensure that the consultation bodies and the public consultees are given an early and effective opportunity to express their opinion on the proposals.

(3) The Department shall keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

(4) Nothing in paragraph (1)(c) requires the Department to provide copies of the proposals free of charge, but where a charge is made, it shall be a reasonable amount.

Procedures following public participation

16

(1) Before decisions on a waste management programme are made, the Department shall take account of any opinions expressed by a consultation body or public consultees.

(2) As soon as reasonably practicable after making decisions on a waste prevention programme the Department shall—

(a) inform the consultation bodies and the public consultees of the matters in paragraph (3);

(b) take such steps as it considers appropriate to bring the matters in paragraph (3) to the attention of the public; and

(c) if it has adopted the waste prevention programme, place a copy of the programme on the Department’s website and make a copy of the programme available for inspection by the public at all reasonable times and free of charge.

(3) The matters are—

(a) the decisions made by the Department on the waste prevention programme;

(b) the reasons and considerations on which those decisions are based; and

(4) Nothing in paragraph (2)(c) requires the Department to provide copies free of charge, but where a charge is made, it shall be a reasonable amount.

Duty in relation to the waste hierarchy (coming into operation 8 October 2011)

17

(1) It shall be the duty of any person who imports, produces, collects, carries, keeps, treats or disposes of waste, or as a broker or dealer has control of controlled waste, on the transfer of such waste to take all such measures available to that person as are reasonable in the circumstances to apply the waste hierarchy priority order in accordance with Article 4 of the Waste Framework Directive.

(2) An establishment or undertaking may depart from the waste hierarchy priority order so as to achieve the best overall environmental outcome where this is justified by life-cycle thinking on the overall impacts of the generation and management of the waste;

(3) When considering the overall impacts mentioned in paragraph (2), the following considerations shall be taken into account—

(a) the general environmental protection principles of precaution and sustainability;

(b) technical feasibility and economic viability;

(d) the overall environmental, human health, economic and social impacts.

(4) The duty in paragraph (1) shall not apply to an occupier of domestic property as respects the household waste produced on the property.

(5) The Department may give guidance on the discharge of the duty in paragraph (1).

(6) A person discharging the duty in paragraph (1) shall, in doing so, have regard to any guidance given under paragraph (5).

Duties in relation to collection of waste

18

(1) A district council, when collecting waste paper, metal, plastic or glass shall..., take all such measures to ensure separate collection of that waste as are available to it ... .

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A district council, when making arrangements for the collection of waste paper, metal, plastic or glass, shall... take measures to ensure that those arrangements are by way of separate collection.

(3) The duties in this regulation apply where separate collection is necessary to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance with the waste hierarchy and the protection of human health and the environment and to facilitate or improve preparing for re-use, recycling or recovery, unless one of the following conditions is met—

(a) collecting the waste paper, metal, plastic or glass together results in output from those operations which is of comparable quality to that achieved through separate collection;

(b) separate collection of the waste does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;

(c) separate collection of the waste is not technically feasible taking into consideration good practices in waste collection; or

(d) separate collection of the waste would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.

Duty in relation to collected waste

19

(1) Subject to paragraph (2), a district council which collects, transports or receives waste must ensure that where that waste has been separately collected it is not mixed with other material with different properties.

(2) The duty in paragraph (1) applies where keeping waste separate is necessary to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance with the waste hierarchy and the protection of human health and the environment and to facilitate or improve preparing for re-use, recycling or recovery, unless one of the following conditions is met——

(a) mixing certain types of waste together results in output from those operations which is of comparable quality to that achieved through keeping waste separate;

(b) keeping waste separate does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;

(d) keeping waste separate would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.

Duty in relation to collected waste by private operators

20

The duties under regulations 18 and 19 shall apply equally to a person required to be registered as a carrier of controlled waste for the purposes of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[^f00006] as they apply to district councils.

Co-mingled waste

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement notices

22

(1) If the Department considers that a person required to be registered as a carrier of controlled waste for the purposes of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 or the Waste Management Licensing Regulations (Northern Ireland) Regulations 2003[^f00007] has contravened regulations 18, or 19 it shall serve a compliance notice, restoration notice or suspension notice, as applicable, on that person.

(2) Paragraph 1 shall not apply to a district council.

(3) For the purposes of this regulation, a “compliance notice” is a notice in writing requiring a person to take specified steps within a specified period to secure that a contravention of regulation 18 or 19 does not continue or recur.

(4) A compliance notice shall—

(a) specify the contravention;

(b) specify the steps which shall be taken to secure that the contravention does not continue or recur;

(d) give information as to the rights of appeal (including the period within which an appeal shall be brought).

(5) For the purposes of this regulation, a “restoration notice” is a notice requiring a person, to take specified steps within a specified period to secure that the position is, so far as possible, restored to what it would have been if a contravention of regulations 18 or 19 had not occurred.

(6) A restoration notice shall—

(a) specify the contravention;

(b) specify the steps which shall be taken to secure restoration;

(d) give information as to the rights of appeal (including the period within which an appeal shall be brought).

(7) For the purposes of this regulation, a “suspension notice” is a notice in writing prohibiting a person from carrying on a specified activity until such time as specified steps have been taken.

(8) A suspension notice shall—

(a) specify the contravention;

(b) specify the activity to be suspended and the period of the suspension;

(d) specify the period within which those steps shall be taken; and

(e) give information as to the rights of appeal (including the period within which an appeal shall be brought).

Appeals

23

(1) A person on whom a compliance notice, a restoration notice or a suspension notice is served may appeal to the Planning Appeals Commission on the grounds that the compliance notice, restoration notice or suspension notice or any part thereof is—

(a) defective; or

(b) unreasonable.

(2) A person who wishes to appeal to the Planning Appeals Commission under this regulation shall give to the Commission written notice of the appeal together with a written statement of the grounds of appeal and the Commission shall as soon as is reasonably practicable send to the Department a copy of the notice of the appeal together with a copy of the statement of the grounds of appeal.

(3) Notice of appeal in accordance with paragraph (2) shall be given before the expiry of the period of 28 days beginning with the date of the service of a notice under regulation 22.

(4) Notice of appeal in accordance with paragraph (2) shall be accompanied by such fee as specified in regulation 17(1) of the Planning (Fees) Regulations (Northern Ireland) 1995 as would be payable if the notice of appeal were a notice of appeal in accordance with Article 32(1) of the Planning (Northern Ireland) Order 1991.

(5) An appellant may withdraw an appeal by notifying the Planning Appeals Commission in writing and the Commission shall as soon as is reasonably practicable notify the Department.

(6) A notice, under regulation 22 shall not be suspended pending the outcome of an appeal.

(7) The Planning Appeals Commission shall determine the appeal and paragraphs (1), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991[^f00008] shall apply in relation to the determination of the appeal as it applies to the determination of an appeal under that Order.

(8) On an appeal, the Planning Appeals Commission may determine that a notice served by the Department under regulation 22 shall cease to have effect or may vary the notice.

(9) The Planning Appeals Commission shall notify the appellant of its determination of the appeal and reasons for it, and shall at the same time send a copy of its determination to the Department.

Offence

24

(1) A person who fails to comply with regulation 17 or a notice served under regulation 22 shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine.

Radioactive waste

25

(1) This regulation applies to radioactive waste where it is—

(a) exempt from the requirement for authorisation by virtue of an order which was made or has effect as if made under section 15(2) of the Radioactive Substances Act 1993[^f00009]; and

(b) subject to an activity falling within Schedule 2, paragraph 38(a) of the Waste Management Licensing Regulations (Northern Ireland) 2003 and regulation 15 of the Hazardous Waste Regulations (Northern Ireland) 2005[^f00010].

(2) Radioactive waste to which this regulation applies shall be treated as waste for the purposes of these regulations.

(3) Articles 4 and 5 of the Waste and Contaminated Land (Northern Ireland) Order 1997[^f00011] shall apply to radioactive waste to which this regulation applies as it applies to controlled waste within the meaning of Article 2(2) of that Order.

PART 4 — Amendment of Subordinate Legislation

Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999

27

(1) The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999[^f00013] shall be amended as follows.

(2) In Schedule 1—

(a) for paragraph 9 substitute the following—

(9) Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC or landfill of hazardous waste (as defined in regulation 6 of the Hazardous Waste Regulations (Northern Ireland) 2005.

(b) in paragraph 10 for “Annex IIA to Directive 75/442/EEC” substitute “Annex I to Directive 2008/98/EC”.

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

28

(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[^f00014] shall be amended in accordance with regulations 28(2) to 31.

(2) In regulation 1(2) insert the following definition in the appropriate alphabetical place—

specified” person meansa Government Department;a district council;a producer of the controlled waste in question except where it is construction or demolition waste (“construction” includes improvement, repair and alteration);any wholly owned subsidiary of the Northern Ireland Railways Company Limited which has applied in accordance with these Regulations for registration as a carrier of waste but only—if it is registered under paragraph 12 of Part 1 of Schedule 3 to the 2003 Regulations; andwhilst its application is pending;a charity within the meaning of Part 1 of the Charities Act (Northern Ireland) 2008[^f00015];a voluntary body within the meaning of section 148 of the Local Government Act (Northern Ireland) 1972[^f00016];a person who transports only—animal by products;waste from a mine or quarry; oragricultural waste.

(3) For regulation 2(1) substitute—

(1) The following persons shall not be required for the purposes of Article 38 of the 1997 Order to be registered as a carrier of controlled waste— (a) a person who does not normally or regularly transport controlled waste; or (b) the operator of a vessel, aircraft, hovercraft, floating container or vehicle, in relation to its use, after it has been loaded with waste in circumstances in which a marine licence is required or would be required but for a marine exemption order for transporting the waste in order to carry out a specified marine operation.

(4) After regulation 2(1) insert—

(1A) The following persons shall not be required for the purposes of Article 38 of the 1997 Order to be registered as a carrier of controlled waste until after 31st December 2013—

(a) a person who, prior to 8th April 2011, was not required to be registered as a carrier of controlled waste for the purposes of these Regulations or paragraph 12(1) of Schedule 3 to the 2003 Regulations; or

(b) a person who, had they been a carrier of controlled waste prior to 8th April 2011, would not have been required to be registered for the purposes of these Regulations or paragraph 12(1) of Schedule 3 to the 2003 Regulations.

(5) In regulation 2(2) insert the following definitions in the appropriate alphabetical order—

“marine exemption order” means an order under—section 7 of the Food and Environment Protection Act 1985[^f00017] (exemptions); orsection 74 of the Marine and Coastal Access Act 2009[^f00018] (exemptions specified by order);

“marine licence” means—a licence under Part 2 of the Food and Environment Protection Act 1985; ora marine licence under Part 4 of the Marine and Coastal Access Act 2009;

“specified marine operation” means an operation mentioned in—section 5 or 6 of the Food and Environment Protection Act 1985; oran item numbered 1 to 6 or 11 to 13 in section 66(1) of the Marine and Coastal Access Act 2009;

29

After regulation 3(2) insert—

(3) A register of carriers held prior to 8th April 2011 for the purposes of the 2003 Regulations is a register for the purposes of these Regulations.

30

For regulation 4(8) substitute—

(8) The Department shall charge an applicant, in respect of its consideration of their application—

(a) subject to sub-paragraph (c), in the case of either an application for registration as a carrier of controlled waste or a combined application for registration as both a carrier and a broker of controlled waste, £129;

(b) in the case of either an application for the renewal of registration as a carrier of controlled waste or a combined application for renewal of registration as both a carrier and a broker of controlled waste, £65;

(c) in the case of an application by a registered broker of controlled waste for registration as a carrier of controlled waste, £32;

and the applicant shall pay the charge when they make the application.

(8A) Paragraph (8) shall not apply to a specified person.

31

For regulation 11(2) substitute—

(2) Subject to paragraphs (4) to (8) — (a) registration as a carrier of controlled waste, unless revoked, in accordance with regulation 10, shall be indefinite in the case of a specified person; (b) in all other cases, registration as a carrier of controlled waste unless revoked in accordance with regulation 10 shall cease to have effect on the expiry of the period of 3 years beginning with and including the date of the registration or, if it has been renewed, beginning with and including the date on which it was renewed or as the case may be last renewed.

Amendment to the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000

32

(1) The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000[^f00019] shall be amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “disposal”, for “Annex IIA of Directive 75/442/EEC , as amended,” substitute “Annex I of Directive 2008/98/EC”;

(b) in the definition of “used PCBs”, for “Directive 75/442/EEC”, substitute “Directive 2008/98/EC”.

(3) In the title to Schedule I, for “Annex IIA of Directive 75/442/EEC on waste, as amended”, substitute “Annex I of Directive 2008/98/EC on waste”.

Amendment of the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002

33

(1) The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002[^f00020] shall be amended as follows.

(2) In regulation 2(2)(b) after “transferee” insert “and be signed by them”.

(3) In regulation 2(2)(c) after “producer” omit “or” and insert “,”and after “importer” insert “or transporter”.

(4) In regulation 2(2)(d) at the end of the paragraph delete “and”.

(5) In regulation 2(2)(e) at the end of the paragraph delete “.” and insert “and”.

(6) After regulation 2(2)(e) insert—

(f) confirm that the transferor and the transferee have fulfilled the duty in regulation 20(1) of Part 3 of these regulations (duty to apply the waste hierarchy).

Amendment to the Pollution Prevention and Control Regulations (Northern Ireland) 2003

34

(1) The Pollution Prevention and Control Regulations (Northern Ireland) 2003[^f00021] shall be amended as follows.

(2) In regulation 11(3)(a) for “Council Directive 75/442/EEC on waste” substitute “Directive 2008/98/EC[^f00022]”.

(3) After regulation 12B insert the following—

(12C) (1) A permit which on or after 8th April 2011 authorises any activity relating to waste oils shall contain conditions ensuring that, so far as technically feasible and economically viable— (a) waste oils having different characteristics are not mixed; and (b) waste oils are not mixed with other kinds of waste or substances, if such mixing would impede their treatment. (2) In this regulation, “waste oils” and “treatment” have the same meanings as in the Waste Framework Directive. (12D) (1) A permit which on or after 8th April 2011 authorises the incineration or co-incineration of waste with energy recovery shall contain conditions ensuring that the recovery of energy shall take place with a high level of energy efficiency. (2) In this regulation— - “co-incineration” has the same meaning as in Section 5.1 Part I Schedule I; - “incineration” means the thermal treatment of wastes.

(4) In Schedule 1 Part I Section I.I, in the paragraph on Interpretation of Section 1.1, in the definition of “waste oil” after “mineral based” insert “or synthetic”.

(5) In Schedule 1 Part 1 Section 5.1`, in the paragraph on Interpretation of section 5.1—

(a) for the definition of “hazardous waste” substitute —

hazardous waste” means any solid or liquid waste which is hazardous waste as defined in Articles 3(2) and 7 of Directive 2008/98/EC except for—combustible liquid wastes including waste oils ad defined in Article 3(3) of Directive 2008/98/EC provided that they meet the following criteria—the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls (PCB) or pentachlorinated phenol (PCP) amounts to concentrations no higher than those set out in the relevant EU legislation;these wastes are not rendered hazardous by virtue of displaying properties set out in Annex III to Directive 2008/98/EC;the net calorific value amounts to at least 30 MJ per kilogramme: andany combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil as defined in Article 2(2) of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels, as amended by Directive 2005/33/EC or a higher concentration pf emissions than those resulting from the combustion of gas oil as so defined;

; and

(b) for the definition of “waste” substitute—

waste means any solid or liquid waste which is waste within the meaning of waste as defined in Article 3(1) of Directive 2008/98/EC.

(6) In Schedule 1 Part 1 Section 5.3 Part A—

(a) in paragraph (b), after “disposal” insert “or recycling”;

(b) in paragraph (c)(i), for “Annex IIA to Council Directive75/442/EEC” substitute “Annex I to Directive 2008/98/EC”;

(d) in the provisions on Interpretation of Part A, in paragraph 1—

(i) in the definition of “disposal” for “Annex IIA to Council Directive 75/442/EEC on waste” substitute “Annex I to Directive 2008/98/EC”

(ii) in the definition of “hazardous waste” for Article 1(4) of Council Directive 91/689/EEC” substitute “Article 3(2) of Directive 2008/98/EC” and

(e) in the provisions on Interpretation of Part A, in paragraph 2 for “Article I of Council Directive 75/439/EEC” substitute “Article 3 of Directive 2008/98/EC”.

(7) In Schedule 1 Part I Section 5.4 Part A, in the provisions on Interpretation of Part A, in paragraph 3, for “Annex IIIB to Council Directive 75/442/EEC on waste” substitute “Annex II to Directive 2008/98/EC”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

35

The Waste Management Licensing Regulations (Northern Ireland) 2003[^f00023] shall be amended in accordance with regulations 36 to 42.

Amendment of regulation 1: Citation, commencement and interpretation

36

In regulation 1(3) —

(a) insert the following definitions in the appropriate alphabetical order—

“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“controlled waste” means household, industrial and commercial waste or any such waste;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

(b) for the definition of “the Directive” substitute—

“the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;

“Directive waste” means anything that, subject to paragraph 38(a) of Schedule 2, is waste within the meaning of Article 3(1) of the Directive, as read with Articles 5 and 6, and which is not excluded from the scope of the Directive by Article 2(1),(2) or (3);

(d) for the definition of “disposal” substitute—

“disposal” means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy (Annex I to the Directive[^f00024] sets out a non-exhaustive list of disposal operations);

(e) for the definition of “end of life vehicle” substitute—

“end of life vehicle” means any vehicle designated as category M1 or N1 defined in Annex IIA to Directive 70/156/EEC, and three wheel motor vehicles as defined in Directive 92/61/EEC but excluding motor tricycles, which is waste within the meaning of the Directive;

(f) for the definition of “European Waste Catalogue” substitute—

“European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes; and “EWC Code” means any six-digit code set out in the Annex to Commission Decision 2000/532/EC which is used to describe a type of waste;

(g) for the definition of “recovery” substitute—

“recovery”—in relation to WEEE has the meaning given by Article 3(f) of the WEEE Directive;in relation to any other waste, means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II to the Directive sets out a non-exhaustive list of recovery operations;

(h) for the definition of “recycling” substitute—

“recycling”—in relation to WEEE, has the meaning given by Article3(e) of the WEEE Directive;in relation to waste batteries or accumulators, means the reprocessing in a production process of waste materials for their original purpose or for other purposes, but excluding energy recovery;in relation to any other waste, means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

(i) for the definition of “treatment” substitute—

“treatment”—in relation to WEEE, has the meaning given by Article 3(h) of the WEEE Directive;in relation to waste batteries or accumulators, means any activity carried out on waste batteries and accumulators after they have been handed over to a facility for sorting, preparation for recycling or preparation for disposal;in relation to any other waste, means recovery or disposal operations, including preparation prior to recovery or disposal;

(j) for the definition of “waste” substitute—

“waste” means—Directive waste;radioactive waste where it is—exempt from the requirement for authorisation by virtue of an order which was made, or has effect as if made, under section 15(2) of the Radioactive Substances Act 1993[^f00025]; andsubject to an activity falling within Schedule 2 of these Regulations and regulation 15 of the Hazardous Waste Regulations (Northern Ireland) 2005[^f00026];

(k) for the definition of “waste battery or accumulator” substitute—

“waste battery or accumulator” means any battery or accumulator which is waste within the meaning of the Directive;

(l) for the definition of “waste oil” substitute—

“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

Amendment of regulation 2: Offences

37

(1) In regulation 2(1) at the end of paragraph (s) delete “or”.

(2) At the end of paragraph (t) delete “.” and insert “;”.

(3) At the end of paragraph (u) delete “.” and insert—

; or (v) section 85(1) of the Marine and Coastal Access Act 2009[^f00027].

Amendment of regulation 16: Exclusion of activities under other control regimes from waste management licensing

38

(1) In regulation 16—

(a) in paragraph (1)(f) at the end of sub-paragraph (ii) delete “.” and insert—

; or (iii) the subject of a licence under Part 4 of the Marine and Coastal Access Act 2009;

and

(b) after paragraph (2) insert—

(2A) Paragraph (1)(f)(iii) does not apply to a working dry dock area within a port regulated by a harbour order under the Harbours Act (Northern Ireland) 1970[^f00028].

Amendment of regulation 22: Registration of brokers

39

(1) In regulation 22—

(a) for paragraph (1) substitute—

(1) Subject to paragraphs (2) to (4), it shall be an offence for an establishment or undertaking to arrange as a broker or dealer for the disposal or recovery of controlled waste on behalf of another person unless it is a registered broker of or dealer in controlled waste.

(b) for paragraph (2)(a) substitute—

(2) (a) it is authorised to carry out the disposal or recovery of the waste by a waste management licence under Article 6 of the 1997 Order, a disposal licence, a resolution, an authorisation under Articles 6 to 12 of the Industrial Pollution Control Order, a permit under the 2003 Regulations, a discharge consent under Article 9 of the Water Order, a licence under Part II of the Food and Environment Protection Act 1985 or a marine licence under section 65 of the Marine and Coastal Access Act 2009; or

(5) A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale;

; and

(d) in paragraph (7) after “brokers” insert “or dealers”.

40

For Schedule 3 substitute

SCHEDULE 3 (1) In this Schedule, unless the context otherwise requires— - “best available techniques” means best available techniques as defined in Article 2(12) of Directive 2008/1/EC[^f00029]; of the European Parliament and of the Council concerning integrated pollution prevention and control; - “collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility; - “competent authority” has the meaning given by paragraph 3; - “development” and “development plan” has the same meaning as in the Planning (Development Plans) Regulations (Northern Ireland) 1991[^f00030]; - “modify” includes vary, and cognate expressions shall be construed accordingly; - “municipal waste” means household waste and similar waste; - “permit” means a waste management licence under Article 6 of the 1997 Order, a disposal licence, an authorisation under the Industrial Pollution Control Order, a permit under the 2003 Regulations, a resolution, a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009 or a consent under the Water Order; - “plan-making provisions” means paragraph 5 below, Articles 19 and 23 of the 1997 Order and Parts II and III of the Planning (Northern Ireland) Order 1991[^f00031]; - “planning permission” has the same meaning as in Part I of the Planning (Northern Ireland) Order 1991; - “preparing for re-use” means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing; and “preparation for re-use” shall be construed accordingly; - “prevention” means measures taken before a substance, material or product has become waste, that reduce—the quantity of waste, including through the re-use of products or the extension of the life span of products;the adverse impacts of the generated waste on the environment and human health; orthe content of harmful substances in materials and products; - “recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations; - “relevant objectives” has the same meaning given in paragraph 4; - “re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived; - “regional development strategy” means the regional development strategy referred to in Article 3 of the Strategic Planning (Northern Ireland) Order 1999[^f00032]; - “specified action” means any of the following—determining—an application for planning permission; oran appeal made under Article 32 of the Planning (Northern Ireland) Order 1991 in respect of such an application;deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;deciding whether—in making or confirming a discontinuance order, to include in the order any grant of planning permission; orto confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,and, for the purposes of this sub-paragraph, “discontinuance order” means an order under Article 39 of the Planning (Northern Ireland) Order 1991;discharging functions under Part III of the Planning (Northern Ireland) Order 1991; - “the Waste Hierarchy” means the priority order which shall apply to the prevention and management of waste as follows—prevention;preparing for re-use;recycling;other recovery, e.g. energy recovery; anddisposal; - “waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operation and the after-care of disposal sites, and including actions taken as a broker or dealer; - “Waste Management Groups” means arc21, SWaMP 2008 and the North West Region Waste Management Group. (2) (1) Subject to the following provisions of this paragraph, a competent authority shall discharge their specified functions, in so far as they relate to the recovery or disposal of waste, with the relevant objectives. (2) Where the recovery or disposal of waste is or forms part of a prescribed process designated for local control under the Industrial Pollution Control Order, and requires either a waste management licence or is covered by an exemption conferred by regulation 17 and Part I of Schedule 2 to, these Regulations, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under— (a) the Industrial Pollution Control Order so as to control pollution of the environment due to the release of substances into any environmental medium other than the air; or (b) Part II of the 1997 Order in order to control pollution of the environment due to the release of substances into the air resulting from the carrying on of the prescribed process. (3) In sub-paragraph (2), “prescribed process”, “designated for local control”, “pollution of the environment due to the release of substances into the air” and “pollution of the environment due to the release of substances into any environmental medium other than the air” have the meanings which they have in Article 2 of the Industrial Pollution Control Order. (4) In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B or a Part C installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under— (a) the 2003 Regulations for any purpose other than preventing or, where that is not practicable, reducing emissions into the air; (b) Part II of the 1997 Order for the purpose of preventing or reducing emissions into the air. (5) In sub-paragraph (4), “Part B installation” and “Part C installation” have the meaning given by regulation 2(1) of the 2003 Regulations. (3) (1) For the purposes of this Schedule, “competent authority” means any of the persons or bodies listed in column (1) of Table 13 and, subject to sub-paragraph (2), in relation to a competent authority “specified function” means any function of that authority listed in column (2) of that Table opposite the entry for that authority.

Column 1	Column 2
Competent authorities	Specified functions
The Department	The taking of any specified action.Its functions under Part II of the 1997 Order in relation to waste management licences, including preparing the waste management strategy or any modification of that strategy under Article 19 of that Order and preparation of a waste prevention programme, or any modification of these, under Part 3 of the Waste Regulations (Northern Ireland) 2011.Its functions under Part II of the Food and Environment Protection Act 1985, or under paragraph 5 of this Schedule.Its functions under Part 4 of the Marine and Coastal Access Act 2009.Its function in relation to—consents under the Water Order (offences in relation to pollution of water resources) for any discharge of waste in liquid form other than waste waters;authorisations under regulation 22 (19) of the Groundwater Regulations (Northern Ireland) 2009 (discharge of a hazardous substance or non-hazardous pollutant);notices under regulation 25 of the Groundwater Regulations (Northern Ireland) 2009 (prevent or control the input of hazardous substance or non-hazardous pollutant);its functions under regulation 22 and Schedule 4 to these Regulations;its functions under this Schedule and paragraph 13 to these Regulations; andits functions under The Hazardous Waste Regulations (NI) 2005.
A district council	The preparation or modification of a plan under Article 23 of the 1997 Order.
An enforcing authority (within the meaning of regulation 2(2) of the 2003 Regulations)	Its functions in relation to permits under the 2003 Regulations except in relation to the carrying out of an exempt activity.
The Planning Appeals Commission	Its functions in relation to appeals under the 1997 Order and the 2003 Regulations.

(2) In Table 13, references to functions do not include functions of making, revoking, amending, revising or re-enacting orders, regulations or schemes where those functions are required to be discharged by regulations.
(4) (1) The following objectives are the relevant objectives in relation to waste management— (a) to ensure that waste is managed without endangering human health, without harming the environment, and in particular— (i) without risk to water, air, soil, plants or animals; (ii) without causing a nuisance through noise or odours; and (iii) without adversely affecting the countryside or places of special interest; (b) to ensure that different types of waste are collected separately and are not mixed with other waste or other material with different properties where this is necessary to facilitate or improve recovery and where it is technically, environmentally and economically practicable, and (c) to implement, so far as practicable, any plan made under the plan-making provisions. (2) To apply the waste hierarchy in the following priority order Article 4 of the Directive in the manner set out in paragraph (3) is a relevant objective in relation to waste prevention, preparation for re-use and management— (a) prevention; (b) preparing for re-use; (c) recycling; (d) other recovery, including energy recovery; (f) disposal. (3) To apply the waste hierarchy in a way which delivers the best overall environmental outcome. The waste hierarchy may be departed from where this is justified by life-cycle thinking on the overall impact of the generation and management of such waste. (4) The following are relevant objectives in relation to the recovery and disposal of waste— (a) to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques; (b) to ensure that the network referred to at paragraph (a) enables— (i) the European Union as a whole to become self-sufficient in waste disposal, and in the recovery of mixed municipal waste collected from households, and the United Kingdom individually to move towards that aim, taking into account geographical circumstances or the need for specialised installations for certain types of waste; and (ii) waste to be disposed of, and the mixed municipal waste collected from private households to be recovered, in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and human health. (5) The following further objectives are relevant objectives in relation to functions under the plan-making provisions— (a) to encourage firstly the prevention or reduction of waste production and its harmfulness, in particular by— (i) the development of clean technologies more sparing in their use of natural resources; (ii) the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and pollution hazards; and (iii) the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery; and (b) to encourage secondly— (i) the recovery of waste by means of preparing for re-use, recycling, or reclamation or any other process with a view to extracting secondary raw materials; and (ii) the use of waste as a source of energy. (5) (1) Subject to sub-paragraph (2), it shall be the duty of the Department to prepare a statement (“the plan”) containing its policies in relation to the recovery or disposal of waste for the purposes of attaining the relevant objectives in those parts of United Kingdom waters and United Kingdom controlled waters for which the Department is the licensing authority. (2) The plan shall relate in particular to— (a) the type, quantity and origin of waste to be recovered or disposed of; (b) general technical requirements; (c) any special arrangements for particular wastes; and (d) suitable disposal sites or installations. (3) In exercising its offshore licensing functions the Department shall ensure— (a) the waste hierarchy is applied to the generation of waste; (b) waste generated by the disposal or recovery of waste is treated in accordance with Article 4 of the Directive; (c) compliance with Article 13 of the Directive; (d) compliance with the second paragraph of Article 23(1) of the Directive; and (e) compliance with the following Articles of the Directive— (i) Article 18 (2)(b) and (c); (ii) Article 23(3) and (4); and (iii) Article 35(1). (4) The Department shall make copies of the plan available to the public on payment of reasonable charges. (5) In this paragraph— (a) “offshore licensing functions” means functions under Part 2 of the Food and Environment Protection Act 1985[^f00033] and functions under Part 4 of the Marine and Coastal Access Act 2009[^f00034]; and (b) “United Kingdom controlled waters” has the meaning given by section 24(1) of the Food and Environment Protection Act 1985. (6) When the Department or a district council grants or modifies a permit, and the activities authorised by the permit include the treatment of waste, it shall ensure that the permit covers— (a) the types and quantities of waste to be treated; (b) for each type of operation permitted, the technical and any other requirements relevant to the site concerned; (c) the safety and precautionary measures to be taken; (d) the treatment site; (e) such monitoring and control operations as may be necessary; (f) such closure and after-care provisions as may be necessary; and (g) the treatment method to be used for each type of operation. (7) The Department for Regional Development shall have regard to Articles 4, 13 and 16 of the Directive in formulating a regional development strategy under Article 3 of the Strategic Planning (Northern Ireland) Order 1999[^f00035]. (8) (1) Subject to Article 28(1) of the Industrial Pollution Control Order, that Order shall have effect in relation to prescribed processes involving the disposal or recovery of waste with such modifications as are needed to allow an enforcing authority to exercise its functions under that Order for the purpose of achieving the relevant objectives. (2) Nothing in sub-paragraph (1) requires an enforcing authority in granting an authorisation in relation to such a process to take account of the relevant objectives insofar as they relate to the prevention of detriment to the amenities of the locality in which the process is (or is to be) carried on if planning permission, resulting from the taking of a specified action by an enforcing authority after 18th December 2003, is or, before the process is carried on, will be in force. (9) (1) Part II of the 1997 Order shall have effect subject to the following modifications. (2) In Articles 4(1) and 6 any reference to the deposit, treatment, keeping or disposal of controlled waste shall include a reference to any operation listed in Part II or III of this Schedule. (3) Article 4(2) shall be amended as follows— (a) for “Paragraph (1)” there shall be substituted “Paragraph (1)(a) or (b)”; and (b) at the end there shall be inserted the words “except in the case of the treatment, keeping or disposal of household waste by an establishment or undertaking”. (4) In Article 8(4), the reference to planning permission shall be taken to be a reference to planning permission resulting from the taking of a specified action by the Department. (5) In Article 30(1), any reference to the treatment, keeping or disposal of such waste as is referred to in that paragraph shall include a reference to submitting such waste to any of the operations listed in Part II or III of this Schedule. (6) In Article 30(2) any reference to the treatment, keeping or disposal of hazardous waste shall include a reference to submitting hazardous waste to any of the operations listed in Part II or III of this Schedule. (10) Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978[^f00036] shall have effect as if any reference in that Part to waste included a reference to “waste” as defined in the Waste and Contaminated Land (NI) Order 1997[^f00037]. (11) In the Planning (Northern Ireland) Order 1991[^f00038] and the Water Order, any reference to “waste” shall include a reference to Directive waste. (12) (1) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[^f00039]; to collect or transport waste unless it is registered with the Department in accordance with the provisions of this paragraph. (2) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b) or (c)(i)-(v) of regulation 22(4) to arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph. (3) Sub-paragraphs (1) and (2) do not apply in cases where the establishment or undertaking is carrying on the activities therein mentioned pursuant to, and in accordance with the terms and conditions of, a permit. (4) An establishment or undertaking that operates within Northern Ireland shall register with the Department whether or not it has its place of business in Northern Ireland. (5) The Department shall establish and maintain a register of establishments and undertakings registering with it under the provisions of this paragraph. (6) The register shall contain the following particulars in relation to each such establishment or undertaking— (a) the name of the establishment or undertaking; (b) the address of its principal place of business; and (c) the address of any place at or from which it carries on its business. (7) The Department shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing from that establishment or undertaking. (8) A person guilty of an offence under sub-paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding the statutory maximum. (9) The Department shall— (a) secure that any register maintained by it under this paragraph is open to inspection by members of the public free of charge at all reasonable hours; and (b) shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register. (10) Registers under this paragraph may be kept in any form. (11) In this paragraph, “collect” and “transport” have the same meaning as they have in Article 26 of the Directive. (13) (1) Subject to sub-paragraphs (4) and (5), any establishment or undertaking (a) which carries out the recovery or disposal of controlled waste; or (b) which collects or transports controlled waste; or (c) which arranges for the recovery or disposal of controlled waste on behalf of others (dealers or brokers), and (d) producers of hazardous waste; shall be subject to appropriate periodic inspections by the competent authorities. (2) In the case of establishments or undertakings handling end of life vehicles (whether or not such vehicles have been depolluted) periodic inspections in accordance with sub-paragraph (1) shall meet the requirements laid down in Article 6(2) of the End of Life Vehicles Directive. (3) Article 44(1) and (2) of the 1997 Order (power to obtain information) shall have effect as if the provisions of this paragraph were provisions of Part II of that Order and as if, in those Articles, references to the Department or a district council were references to a competent authority. (4) Subject to sub-paragraph (4A) and (5), in the case of the exempt activities referred to in the first column of Table 14, the duty under sub-paragraph (1) shall be discharged by carrying out inspections set out in the second column of that table in respect of any place where the relevant exempted activity is carried on. (4A) In respect of establishments and undertakings carrying out exempt activities set out in paragraphs 49, 50 and 51, periodic inspections in accordance with sub-paragraph (1) shall verify the type and quantities of waste to be treated, the general technical requirements to be complied with and the safety precautions to be taken.

Relevant exempt activity[^f01000]	Inspections required
(1)numbered by reference to the corresponding paragraph of Part I of Schedule 2	(1)numbered by reference to the corresponding paragraph of Part I of Schedule 2
9, 10	An inspection shall be carried out at the time of treatment or, where that is not possible, not later than 4 weeks thereafter.
11, 13, 19, 45, 46	An initial inspection shall be carried out at the time when the exempt activity commences.Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.
47, 49, 50 and 51	An initial inspection shall be carried out within two months of the receipt by the Department of the notification under Regulation 18(7).Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.

(14) (1) Subject to any requirements to keep records under regulation 19 and sub-paragraph (2), an establishment or undertaking which carries out the disposal or recovery of controlled waste shall— (a) keep a chronological record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered; and (b) make that information available, on request, to the competent authorities or, in the case of hazardous waste, to a previous holder; and for this purpose “holder”, in respect of any such waste, means the producer or the person in possession of it. (2) Where hazardous waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the relevant operation and, in the case of a disposal operation, of the after-care of the disposal site. (3) Subject to sub-paragraph (4), sub-paragraph (1) does not apply where the disposal or recovery of the waste is covered by an exemption, conferred by— (a) regulation 17(1) and Part I of Schedule 2; (b) Article 3 of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995[^f00040]; or (c) an exemption for a licence under Part 4 of the Marine and Coastal Access Act 2009[^f00041]. (4) Sub-paragraph (1) does apply to an activity subject to an exemption conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 45, 46 or 47A of Part I of Schedule 2. (5) Subject to sub-paragraph (6), it shall be an offence for an establishment or undertaking to fail to comply with any of the foregoing provisions of this paragraph insofar as that provision imposes any requirement or obligation upon it. (6) Paragraph (2) of regulation 43 of the Hazardous Waste Regulations (Northern Ireland) 2005[^f00042] (defence in cases of emergency, etc.) shall apply to a person charged with an offence under sub-paragraph (5) as it applies to a person charged with an offence under paragraph (1) of that regulation. (7) A person who, in purported compliance with a requirement to furnish any information imposed by or under any of the provisions of this paragraph, makes a statement which that person knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence. (8) A person who intentionally makes a false entry in any record required to be kept by virtue of any of the provisions of this paragraph commits an offence. (9) Regulation 43(6) of the Hazardous Waste Regulations (Northern Ireland) 2005 (Offence where act or default causes offence by another) shall apply to an offence under this paragraph as it applies to an offence under that regulation (10) Subject to sub-paragraph (11), a person guilty of an offence under this paragraph shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction or indictment to a fine or to imprisonment for a term not exceeding two years or both. (11) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale if that offence is related to exempt activities conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 46, or 47A of Part I of Schedule 2. N.B. This Part of this Schedule is intended to list disposal operations such as they occur in practice. In accordance with Article 13 of the Directive 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 EU legislation 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. In accordance with Articles 4 and 13 of the Directive waste must be recovered without endangering human health and without harming the environment.

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