The Waste Regulations (Northern Ireland) 2011

*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 EU legislation before 1st January 2009; or (ii) 0.65 for other installations. Energy efficiency is calculated according to the formula contained in Annex II of the Waste Framework 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.

(1) In this Part— - “the 1991 Order” means the Planning (Northern Ireland) Order 1991[^f00043]; - “the 2006 Order” means the Planning (Inquiry Procedures) Rules (Northern Ireland) Order 2006[^f00044]; - “planning permission” has the meaning given in Article 2 of the 1991 Order[^f00045]. (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[^f00046]; (c) the Planning Appeals Commission, in respect of its functions under the 1991 Order and the 2006 Order. (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[^f00047]; (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. (4) The planning authority shall have regard to the following provisions of the Waste Framework Directive when exercising its planning functions to the extent that those functions relate to waste management— (a) Article 13; (b) the first paragraph of Article 16(1) ignoring the words “in cooperation with other Member States where this is necessary or advisable” and “taking into account best available techniques”; (c) Article 16(2) and (3). (5) (1) The Department or the Planning Appeals Commission shall not grant planning permission for a landfill unless it has taken into consideration the requirements of paragraph 1.1 of Annex 1 to Council Directive 1999/31/EC on the landfill of waste [^f00048]. (2) The Department shall not grant planning permission for a mining waste facility to which Article 7 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries[^f00049] applies unless it is satisfied that— (a) the operator of that facility shall meet the requirements of Article 11(2)(a) of that Directive; and (b) the management of waste at that facility shall not conflict directly or otherwise interfere with the implementation of the plan referred to in Article 7(3)(b) of that Directive. (3) In this regulation— - “landfill” has the meaning given in Article 2(g) of Directive 1999/31/EC, but does not include any operation excluded from the scope of that Directive by Article 3(2); - “mining waste facility” means a “waste facility” as defined in Article 3(15) of Directive 2006/21/EC, but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).

41

For Schedule 4 substitute—

SCHEDULE 4 (1) (1) In this Schedule— - “applicant” means a person who is applying for registration or for renewal of registration as a registered broker or dealer and “application” shall have like meaning; - “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; - “carrier” means a person registered as a carrier of controlled waste under Regulation 6 the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[^f00050]; - “date of expiry”, in relation to a broker’s or dealer’s registration—in a case to which sub-paragraph (2) or (3) of paragraph 7 applies, has the meaning given by that sub-paragraph; andin any other case means the date on which the period of three years mentioned in paragraph 7(1) expires; - “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; - “notice” means notice in writing; - “register” means the register of registered brokers or dealers to be maintained by the Department under paragraph 2; - “registered broker” means a person registered as a broker under regulation 22 and this Schedule; - “registered dealer” means a person registered as a dealer under regulation 22 and this schedule; - “relevant offence” means an offence under any of the enactments listed in regulation 2; - “relevant period” means two months or, except in the case of an application for the renewal of that registration by a person who is already registered, such longer period as may be agreed between the applicant and the Department; - “relevant person” means—any person who has been convicted of a relevant offence committed by that person in the course of that person’s employment by the applicant or registered broker or dealer or in the course of the carrying on of any business by a partnership one of the members of which was the applicant or registered broker or dealer;a body corporate which has been convicted of a relevant offence committed at a time when the applicant or registered broker or dealer was a director, manager, secretary or other similar officer of that body corporate; orwhere the applicant or registered broker or dealer is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate and who—has been convicted of a relevant offence; orwas a director, manager, secretary or other similar officer of another body corporate at a time when the relevant offence for which that body corporate has been convicted was committed. (2) For the purposes of this Schedule, an application for registration or for the renewal of a registration as a broker of or dealer in controlled waste shall be treated as pending— (a) whilst it is being considered by the Department; or (b) if it has been refused or the relevant period from the making of the application has expired without the applicant having been registered, whilst either— (i) the period for appealing in relation to that application has not expired; or (ii) the application is the subject of an appeal which has not been disposed of. (3) For the purposes of this Schedule, an appeal is disposed of when any of the following occurs— (a) the appeal is withdrawn; or (b) a determination is issued to the Department by the Planning Appeals Commission in respect of the appeal. (2) (1) It shall be the duty of the Department to establish and maintain a register of brokers and dealers and— (a) to secure that the register is open for inspection by members of the public free of charge at all reasonable hours; and (b) to afford to members of the public reasonable facilities for obtaining copies of entries in the register on payment of reasonable charges. (2) The register may be kept in any form. (3) (1) An application for registration as a broker of or dealer shall be made to the Department. (2) Subject to sub-paragraphs (3) to (5),a person shall not make an application for registration or for the renewal of a registration whilst— (a) a previous application made by that person is pending; or (b) that person is registered. (3) Sub-paragraph (2) shall not prevent a person from applying for the renewal of a registration where that person’s application is made within the period of six months specified in paragraph 7(5). (4) An application for registration or for the renewal of a registration in respect of a business which is or is to be carried on by a partnership shall be made by all of the partners or prospective partners. (5) A prospective partner in a business carried on by a partnership whose members are already registered with the Department may make an application to the Department for registration as a partner in that business. (6) An application for registration or for the renewal of a registration shall be made to the Department on a form provided by it for that purpose, and shall be accompanied by such information as the Department reasonably requires. (7) Where an applicant wishes to apply to be registered both as a carrier and as a broker of or dealer in controlled waste, they may make a combined application on a form provided by the Department for that purpose. (8) Where an applicant who wishes to apply both for the renewal of their registration as a carrier of controlled waste and for the renewal of their registration as a broker of or dealer in controlled waste, they may make a combined application on a form provided by the Department for that purpose. (9) The Department shall provide a copy of the appropriate application form free of charge to any person requesting one. (10) The Department shall charge an applicant in respect of its consideration of his application— (a) subject to sub-paragraph (c), in the case of either an application for registration as a broker or dealer or a combined application for registration as both a carrier and broker or dealer, £126; (b) in the case of either an application for the renewal of a registration as a broker or dealer or a combined application for renewal of registration both as a carrier and as a broker or dealer, £63; (c) in the case of an application by a registered carrier for registration as a broker or dealer, £30, and the applicant shall pay the charge upon making the application. (11) The Department shall, on receipt of an application for registration or for the renewal of a registration, ensure that the register contains a copy of the application. (12) The Department may refuse an application for registration or for the renewal of registration if— (a) there has, in relation to that application, been a contravention of any of the requirements of the preceding provisions of this paragraph; or (b) the applicant or another relevant person has been convicted of a relevant offence and, in the opinion of the Department, it is undesirable for the applicant to be authorised to arrange for the disposal or recovery of controlled waste on behalf of other persons, or to purchase and sell controlled waste registered as a broker or dealer; or (c) in the opinion of the Department it is otherwise undesirable for the applicant to be registered as a broker or dealer. (13) Where the Department decides to refuse an application for registration or for the renewal of a registration, it shall inform the applicant in writing that the application is refused and shall give the applicant the reasons for its decision. (14) If an appeal is made under and in accordance with paragraph 6, the Department shall, as soon as reasonably practicable, make appropriate entries in the register indicating when the appeal was made and the result of the appeal. (15) If no such appeal is made, the Department shall, as soon as reasonably practicable, make an appropriate entry in the register indicating that the application has been refused and that no appeal has been made. (16) The Department may remove from the register— (a) a copy of an application entered on the register under sub-paragraph (11); or (b) an entry made under sub-paragraph (14) or (15), at any time more than six years after the entry in question was put on the register. (17) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall— (a) issue to the applicant a certificate of registration free of charge; and (b) provide the applicant free of charge with a copy of the entry in the register. (4) (1) On deciding to register an applicant or on the issue to the Department of a determination by the Planning Appeals Commission under paragraph 6(9) that an appeal should be allowed, the Department shall make an entry in its register— (a) showing that person as a registered broker of or dealer in controlled waste and allocating that person a registration number (which may include any letter); (b) specifying the date on which the registration takes effect and its date of expiry; (c) stating any business name of the applicant and the address of the applicant’s principal place of business (together with any telephone, telex or fax number and email address of the applicant) and, in the case of an individual, the applicant’s date of birth; (d) in the case of a body corporate, listing the names of each director, manager, secretary or other similar officer of that body and their respective dates of birth; (e) in the case of a company registered under the Companies Orders, specifying its registered number and, in the case of a company incorporated outside Northern Ireland, the country in which it was incorporated and its registration number there (if any); (f) in a case where the person who is registered or another relevant person has been convicted of a relevant offence, giving the person’s name, details of the offence, the date of conviction, the penalty imposed, the name of the Court and, in the case of an individual, the person’s date of birth; and (g) in a case where the person who is registered, or any company in the same group of companies as that person, is the holder of a waste management licence, stating the name of the holder of the licence. (2) In the case of a business which is being, or is to be carried on by a partnership, all the partners shall be registered under one entry and only one registration number shall be allocated to the partnership. (3) On making an entry in its register under sub-paragraph (1) the Department shall provide the registered person or partnership free of charge with a copy of the entry in the register. (4) On deciding to renew any registration or on the issue to the Department by the Planning Appeals Commission of any determination under paragraph 6(9) in respect of such an application, the Department shall amend the relevant entry in the register— (a) to show the date on which the renewal takes effect and the revised date of expiry of the registration; (b) to record any other change required as a result of the application or the appeal; and (c) to note in the register the date on which the amendments are made. (5) The Department shall, at the same time as amending the register under sub-paragraph (4), provide the registered person or partnership free of charge with a copy of the amended entry in the register. (6) A person who is registered shall notify the Department of any change of circumstances affecting information in the register relating to that person. (7) On— (a) being notified of any chance of circumstances in accordance with sub-paragraph (6); (b) deciding to register a new partner in a registered partnership on an application by such person for registration in the entry in the register relating to that partnership; or (c) the issue by the Planning Appeals Commission of a determination under paragraph 6(9) allowing an appeal for the registration of such new partner, the Department shall— (i) amend the relevant entry to reflect the change of circumstances or the registration of the new partner; (ii) note in the register the date on which the amendment is made; (iii) provide the registered person or partnership free of charge with a copy of the amended entry in the register. (8) In this paragraph— - “Companies Orders” has the meaning given by Article 2 of the Companies (Northern Ireland) Order 1986[^f00051]; - “business name” means a name under which a person carries on business and by virtue of which Article 2(3) of the Business Names (Northern Ireland) Order 1986[^f00052] applies; and - “group” has the meaning given by Article 55(1) of the Companies (Northern Ireland) Order 1990[^f00053]. (5) (1) The Department may revoke a person’s registration as a broker of or dealer in controlled waste if,— (a) that person or another relevant person has been convicted of a relevant offence; and (b) in the opinion of the Department, it is otherwise undesirable for the registered broker or dealer to continue to be a registered broker or dealer; or (c) in the opinion of the Department it is otherwise undesirable for the registered broker or dealer to continue to be a registered broker or dealer. (2) Where the Department decides to revoke a person’s registration as a broker of or dealer in controlled waste, it shall give written notice to the broker or dealer informing that person of the revocation and the reasons for its decision. (6) (1) Where a person has applied to the Department to be registered as a broker of or dealer in controlled waste in accordance with paragraph 3, that person may appeal to the Planning Appeals Commission if— (a) the application is refused; or (b) the relevant period from the making of the application has expired without the applicant having been registered. (2) A person whose registration as a broker of or dealer in controlled waste has been revoked may appeal against the revocation to the Planning Appeals Commission. (3) Notice of an appeal to the Planning Appeals Commission under sub-paragraph (1) or (2) shall be given by the appellant to the Planning Appeals Commission within the period specified in sub-paragraph (7). (4) If either party to the appeal so requests, the Planning Appeals Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission. (5) The notice of appeal shall be accompanied by the following— (a) a statement of the grounds of appeal; (b) in the case of an appeal under sub-paragraph (1), a copy of the relevant application; (c) in the case of an appeal under sub-paragraph (2), a copy of the appellant’s entry in the register; (d) a copy of any relevant correspondence between the appellant and the Department; (e) a copy of any notice given to the appellant under paragraph 3(14) or 5(2); (f) a statement indicating whether the appellant requests the opportunity of appearing before and being heard by the Planning Appeals Commission. (6) The appellant shall at the same time as giving notice of appeal to the Planning Appeals Commission serve on the Department a copy of the notice and a copy of the documents referred to in sub-paragraph (5)(a) to(f). (7) Notice of appeal shall be given before the expiry of the period of 28 days beginning with— (a) in the case of an appeal under sub-paragraph (1)(a), the date on which the Department serves written notice on the applicant that their application has been refused; (b) in the case of an appeal under sub-paragraph (1)(b), the date on which the relevant period from the making of the application expired without the applicant having been registered; or (c) in the case of an appeal under sub-paragraph (2), the date on which the Department serves written notice on the registered broker of or dealer in controlled waste that the registration as a broker of or dealer in has been revoked, or before such later date as the Planning Appeals Commission may at any time allow. (8) The Planning Appeals Commission shall determine the appeal and Article 111 of the Planning (Northern Ireland) Order 1991[^f00054] shall apply in relation to the determination of the appeal as it applies in relation to the determination of an appeal under that Order. (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. (7) (1) Subject to the following provisions of this paragraph, a person’s registration as a broker of or dealer in controlled waste shall cease to have effect on the expiry of the period of three years beginning with the date of the registration or the date of any renewal. (2) Where— (a) a registered carrier of controlled waste is registered as a broker of or dealer in controlled waste otherwise than by way of renewal of an existing registration as a broker or dealer; and (b) that person’s registration as a carrier will expire within three years of the date of their registration as a broker or dealer, if at the time of making the application for registration as a broker or dealer that person so requests, their registration as a broker or dealer shall expire on the same date as the date of expiry of their registration as a carrier. (3) Where— (a) a registered broker of or dealer in controlled waste is registered as a carrier of controlled waste otherwise than by way of renewal of an existing registration as a carrier; and (b) that person’s registration as a broker or dealer will expire within three years of the date of their registration as a carrier, if on the next application for renewal of their registration as a broker or dealer that person so requests, their renewed registration as a broker or dealer shall expire on the same date as the date of expiry of their registration as a carrier. (4) Registration as a registered broker or dealer shall cease to have effect if the registered broker or dealer gives written notice to the Department requiring the removal of their name from the register. (5) The Department shall, no later than six months before the date of expiry of a broker’s or dealer’s registration, serve on a registered broker or dealer— (a) a notice informing that person of the date of expiry and of the effect of sub-paragraph (6); and (b) an application form for the renewal of that person’s registration and a copy of that person’s current entry in the register. (6) Where an application for the renewal of a registration is made within the last six months prior to its date of expiry, the registration shall, notwithstanding the passing of the expiry date, continue in force— (a) until the application is withdrawn or accepted; or (b) if the Department refuses the application or the relevant period from the making of the application has expired without the applicant having been registered, until— (i) the expiry of the period for appealing; or (ii) where the applicant gives to the Department written notice within that period that they do not intend to make or continue with an appeal, the date on which such notice is served on the Department. (7) Where the Department revokes a broker’s or dealer’s registration, the registration shall, notwithstanding the revocation, continue in force until— (a) the expiry of the period for appealing against the revocation; or (b) where that person gives to the Department written notice within that period that that person does not intend to make or continue with an appeal, the date on which such notice is served on the Department. (8) Where an appeal is made under and in accordance with the provisions of paragraph 6— (a) by a person whose appeal is in respect of such an application for the renewal of their registration as was made, in accordance with paragraph 3, at a time when that person was already registered; or (b) by a person whose registration has been revoked, that registration shall continue in force after its date of expiry or, as the case may be, notwithstanding the revocation, until the appeal is disposed of. (9) A registration in respect of a business which is carried on by a partnership shall cease to have effect if any of the partners ceases to be registered or if any person who is not registered becomes a partner. (10) The duration of a registration in respect of a business which is carried on by a partnership shall not be affected if a person ceases to be a partner or if a new partner is registered under paragraph 4(7) in relation to the partnership. (11) Where an application for renewal is made in advance of the expiry date and the Department decides to renew such registration, the renewal shall for the purposes of this Schedule take effect from the expiry date. (8) Where a registration ceases to have effect by virtue of paragraph 7, the Department— (a) shall record this fact in the appropriate entry in its register and the date on which it occurred; and (b) may remove the appropriate entry from its register at any time more than six years after the registration ceases to have effect.

42

In Schedule 5 Part 1—

• (1) in paragraph 1(a) for “Article 4” substitute “Article 13”.

• (2) in paragraph 2(a) for “Article 4” substitute “Article 13”.

Amendment to the Landfill Regulations (Northern Ireland) 2003

43

• (1) The Landfill Regulations (Northern Ireland) 2003[^f00055] shall be amended as follows—

• (2) In regulation 2(2) substitute the following definitions—

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

• “waste” means anything that is waste within the meaning of Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on Waste;

• (b) 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 Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on Waste;

• (3) In regulation 7(2) for the definition of “Hazardous Waste” substitute—

• “Hazardous waste means any waste which is hazardous waste within the meaning of Articles 3(2) and 7 of Directive 2008/98/EC of the European Parliament and of the Council on Waste.

Amendment to the Landfill Allowances Scheme Regulations (Northern Ireland) 2004

44

• (1) The Landfill Allowances Scheme Regulations (Northern Ireland) 2004[^f00056] shall be amended as follows.

• (2) In regulation 2 substitute the following definitions—

• (a) for the definition of “disposal” substitute—

• “disposal” has the same meaning as in Directive 2008/98/EC of the European Parliament and of the Council on Waste;

• (b) 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;

and

• (c) for the definition of “recovery” substitute—

• “recovery” has the same meaning as in Directive 2008/98/EC of the European Parliament and of the Council on Waste.

Amendments to the Hazardous Waste Regulations (Northern Ireland) 2005

45

• (1) The Hazardous Waste Regulations (Northern Ireland) 2005[^f00057] shall be amended in accordance with regulations 45(2) to 63.

• (2) In regulation 2(1)—

• (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;
• “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;
• “domestic waste” means waste produced by a household;
• “management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as dealer or broker; and
• “waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

• (b) substitute the following definitions—

• (i) for the definition of “collection” substitute—

• “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;

• (ii) for the definition of “consignment note” substitute—

• “consignment note”, in relation to a consignment of hazardous waste, means the identification document, as set out in Schedule 4, which is required to accompany the hazardous waste when it is transferred pursuant to Article 19(2) of the Waste Directive;

• (iii) 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 of the Waste Directive sets out a non-exhaustive list of disposal operations);

• (iv) for the definition of “holder” substitute—

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

• (v) for the definition of “producer” substitute—

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

• (vi) for the definition of “recovery” substitute—

• “recovery” 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 of the Waste Directive sets out a non-exhaustive list of recovery operations);

• (vii) 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 Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste

• (c) omit the definition of “the Hazardous Waste Directive”;

• (3) omit paragraph (2);

• (4) in paragraph (3) omit “or the Hazardous Waste Directive” and “or the Hazardous Waste Directive, as the case may be”

46

For regulation 3 substitute—

(3) (1) For the purposes of these Regulations— (a) “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste; (b) “waste” means anything that— (i) is waste within the meaning of Article 3(1) of the Waste Directive as read with Article 5(1); and (ii) subject to regulation 15, is not excluded from the scope of that Directive by Article 2(1), (2) or (3). (2) In these Regulations, a reference to the Waste Directive conditions is a reference to the conditions set out in Article 13 of that Directive, that is to say, 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.

47

For regulation 4 substitute—

(4) A reference in these Regulations to— (a) Annex III is a reference to Annex III (properties of waste which render it hazardous) to the Waste Directive, as that Annex is set out in Schedule 3; (b) hazardous properties is a reference to the properties in Annex III.

48

• (1) In regulation 5(a), after the words “a list of wastes” omit “pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste,”.

• (2) In regulation 5(c), in the definition of “List of Wastes” omit “, being the list referred to in the first indent of Article 1(4) of the Hazardous Waste Directive drawn up on the basis of Annexes I and II, having one or more of the properties listed in Annex III, taking account of the origin and composition of the waste and, where necessary, limit values of concentration”.

49

In regulation 8(1) for “Annexes I, II and III” substitute “Annex III”.

50

In regulation 9(1) for “Annexes I, II and III” substitute “Annex III”.

51

• (1) In regulation 10(1)—

• (a) for “Annexes I, II and III” substitute “Annex III”;

• (b) omit “to the Hazardous Waste Directive”;

• (2) after paragraph (1), insert—

(1A) The Department shall not treat waste as non-hazardous under paragraph (1) if it has been diluted or mixed with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.

52

In regulation 18—

• (1) After the words “it has been” insert “diluted or has been”.

• (2) After paragraph (a), insert—

(aa) in the case of hazardous waste comprising waste oil, waste oil of different characteristics;

53

In regulation 19 —

• (1) In paragraph (1) for “(2) to (4)”, substitute “(2) to (5)”.

• (2) After paragraph (4), insert—

(5) Paragraph (1) applies to the mixing of waste oil— (a) only to the extent that the prohibition in that paragraph is technically feasible and economically viable; and (b) only where such mixing would impede the treatment of the waste oil. (6) Any mixing of hazardous waste in accordance with paragraphs (2), (3), (4) or (5)— (a) shall comply with Article 13 of the Waste Directive, and ensure that any adverse impact of the waste management on human health and the environment is not increased; and (b) shall conform to best available techniques.

54

In regulation 24(2)(c) for “Annex IIA to Council Directive 75/442/EEC, or storage of waste consisting of materials intended for submission to any operation listed in Annex IIB to that Directive,” substitute “Annex I of Directive 2008/98/EC of the European Parliament and of the Council, or storage of waste consisting materials intended for submission to any operation listed in Annex II of that Directive,”.

55

In regulation 37—

• (1) In paragraph (2) after “made” insert “chronologically”;

• (2) After paragraph (3) insert—

(3A) Carriers, dealers and brokers of hazardous waste shall keep for three years a chronological record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste in a register at their principal place of business.

• (3) In paragraph (4) after “a register” insert “under paragraph 3,”;

• (4) In paragraph (6) for “Annex IIA or Annex IIB” substitute “Annex I or II”; and

• (5) In paragraph (8) after “holder” insert “dealer, broker”.

56

In regulation 38—

• (1) In paragraph (1) for “consignor of hazardous waste” substitute “consignor or broker of, or dealer in hazardous waste”;

• (2) For paragraph (3) substitute —

(3) Any person required to keep a record by paragraph (1) must preserve it— (a) while the person is a holder of the waste or (if not a holder) has control of the waste; and (b) for 3 years after the date on which the waste is transferred to another person.

• (3) In paragraph (4)—

(a) after “shall be recorded”, insert “chronologically”; and (b) for “producer or holder”, substitute “producer, holder, dealer or broker

• (4) After paragraph (4) insert—

(4A) The register required to be kept and retained under paragraph (4) by a consignor, other than the producer or holder, shall be kept at his principal place of business.

57

In regulation 40(3)(c)—

(1) Insert “disposal or” before “recovery”; and (2) For “Annex IIIB of the Waste Directive” substitute “Annex I or II of the Waste Directive (as the case may be)”

58

In regulation 42—

(1) In paragraph (2)— (a) for “Article 13” substitute “Article 34”; and (b) for “the origin and destination” substitute “origin, nature, quantity and destination”; (2) In paragraph (3)— (a) for “Article 13” substitute “Article 34”; and (b) omit “and Article 5(2) of the Hazardous Waste Directive

59

In regulation 47(2)—

(1) For “Article 7” substitute “Article 28”; and (2) Omit “and Article 6(1) of the Hazardous Waste Directive

60

After regulation 48(6) insert-

(7) Until the end of the period of 6 months beginning with the day on which the Waste Regulations (Northern Ireland) 2011 are made, the forms set out in these Regulations as originally enacted, or forms requiring the same information in substantially the same format, may be used instead of those substituted by the Waste Regulations (Northern Ireland) 2011.

61

Omit Schedules 1 and 2.

62

For Schedule 3 substitute—

SCHEDULE 3

NotesAttribution of the hazardous properties “toxic” (and “very toxic”), “harmful”, “corrosive”, “irritant”, “carcinogenic”, “toxic to reproduction”; “mutagenic” and “ecotoxic” is made on the basis of the criteria laid down by Annex VI, to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.Where relevant the limit values listed in Annex II and III to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations shall apply.	NotesAttribution of the hazardous properties “toxic” (and “very toxic”), “harmful”, “corrosive”, “irritant”, “carcinogenic”, “toxic to reproduction”; “mutagenic” and “ecotoxic” is made on the basis of the criteria laid down by Annex VI, to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.Where relevant the limit values listed in Annex II and III to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations shall apply.
Test methodsThe methods to be used are described in Annex V to Directive 67/548/EEC and in other relevant CEN-notes.	Test methodsThe methods to be used are described in Annex V to Directive 67/548/EEC and in other relevant CEN-notes.
H1	“Explosive”: substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
H2	“Oxidizing”: substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
H3-A	“Highly flammable”:liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids), orsubstances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, orsolid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or be consumed after removal of the source of ignition, orgaseous substances and preparations which are flammable in air at normal pressure, orsubstances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.
H3-B	“Flammable”: liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C.
H4	“Irritant”: non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.
H5	“Harmful”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.
H6	“Toxic”: substances and preparations (including very toxic substances and preparations) which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute or chronic health risks and even death.
H7	“Carcinogenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.
H8	“Corrosive”: substances and preparations which may destroy living tissue on contact.
H9	“Infectious”: substances and preparations containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.
H10	“Toxic for reproduction”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H11	“Mutagenic”: substances and preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.
H12	Waste which releases toxic or very toxic gases in contact with water, air or an acid.
H13()() As far as testing methods are available.	“Sensitizing”: substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of hypersensitization such that on further exposure to the substance or preparation, characteristic adverse effects are produced.
H14	“Ecotoxic”: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.
H15	Waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics above.

63

For Schedule 4 substitute—

SCHEDULE 4

Amendment to the List of Wastes Regulations (Northern Ireland) 2005

64

• (1) The List of Wastes Regulations (Northern Ireland) 2005[^f00058] shall be amended in accordance with regulation 64(2) to 65.

• (2) In regulation 2—

• (a) in paragraph (a) for the definition of “the Waste Directive” substitute—

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

• (b) omit paragraph (c);

• (c) in paragraph (d) for the definition of “the List of Waste Decision” substitute—

• the List of Waste Decision” means Commission Decision 2000/532/EC of 3rd May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive EEC/75/442 on waste as replaced by Article 7 of Directive 2008/98/EC of the European Parliament and of the Council on waste

• (d) in paragraph (e) for the definition of “the List of Wastes” substitute—

(e) the List of Wastes” means the “List of Wastes pursuant to Article 7 of Directive 2008/98/EC of the European Parliament and of the Council on waste,” set out in the Annex to the List of Wastes Decision. The list of waste shall include hazardous waste and— (i) in relation to hazardous waste, in accordance with the regulatory procedure laid down in Article 7 of Directive 2008/98/EC on the basis of— (aa) Annex III (properties of waste which render it hazardous) to that Directive, - and a reference to the List of Wastes includes a reference to the Introduction thereto (“the Introduction to the List”).

• (3) In regulation 4 for paragraph (a) substitute—

(a) one of more of the properties listed in Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste.

65

In the Schedule—

• (1) In paragraph 1, for “Article 18 of Directive 75/442/EEC” substitute “Article 39 of Directive 2008/98/EC” and for “Article 1(a) of Directive 75/442/EEC” substitute “Article 3(1) of Directive 2008/98/EC.”.

• (2) For paragraph 2, substitute “Wastes included in the list are subject to the provisions of Directive 2008/98/EC except where Article 2(1) and (2) applies.”.

• (3) For paragraph 4, substitute “Any waste marked with an asterisk (*) is considered as hazardous waste pursuant to Directive 2008/98/EC on waste, and subject to the provisions of that Directive unless Article 20 of that Directive applies.”.

• (4) In paragraph 6, for “Council Directive 91/89/EEC” substitute “Council Directive 2008/98/EC”.

Amendment of the Feeding Stuffs Regulations (Northern Ireland) 2005

66

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

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

67

• (1) The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007[^f00060] shall be amended as follows.

• (2) In Regulation 2—

• (a) in paragraph (1) for the definition of “the Waste Directive” substitute:—

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

• (b) in paragraph (2) for the definition of “recovery” substitute —.

• “recovery” means any of the applicable operations provided for in Annex II to the Waste Directive and for the purposes of these Regulations incineration at waste incineration plants with energy recovery shall be treated as if it is recovery; and “recover” and “recovery operations” shall be construed accordingly;

• (3) In Schedule 7—

• (a) at paragraph 2 in sub-paragraph (b), for “Annex IIB” substitute “Annex II” and in sub-paragraph (c), for “Annex IIA or IIB” substitute “Annex I or II”.

Amendment of the Renewables Obligation Order (Northern Ireland) 2009

68

• (1) The Renewables Obligation Order (Northern Ireland) 2009[^f00061] shall be amended as follows.

• (2) Amendment of Article 2(1)—

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

• hazardous waste” means any waste which is hazardous waste as defined by Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council on waste;

• (b) omit the following definition—

• Hazardous Waste Directive” means Council Directive 91/689/EEC on hazardous waste, as amended by Council Directive 94/31/EC;

Amendment of the Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009

69

• (1) The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009[^f00062] shall be amended as follows.

• (2) Amendment of regulation 2(1)—

• (a) for the definition of “disposal”, substitute—

• disposal” mean any of the applicable operations provided for in Annex I to Directive 2008/98/EC of the European Parliament and of the Council on Waste

• (b) 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 Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on Waste.

Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

70

• (1) The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland 2009[^f00063] shall be amended as follows.

• (2) Amendment of Schedule 2—

• (a) In paragraph 2(1) for the words from “Directive 2006/12/EC” to the end, substitute “Directive 2008/98/EC of the European Parliament and of the Council on waste.”

• (3) Amendment of Schedule 3—

• (a) In paragraph 2(1) for the words from “Directive 2006/12/EC” to the end, substitute “Directive 2008/98/EC of the European Parliament and of the Council on waste.”

• (b) In paragraph 2(2) for the words from “Directive 2006/12/EC” to the end, substitute “Directive 2008/98/EC of the European Parliament and of the Council on waste.”

Amendment of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010

71

• (1) The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010[^f00064] shall be amended as follows.

• (2) In regulation 2(2) for the definition of “waste” substitute “waste” means anything that is waste for the purposes of Directive 2008/98/EC of the European Parliament and of the Council on waste.

Signed

Sealed with the Official Seal of the Department of the Environment on 16th March 2011.

Denis McMahon — A senior officer of the Department of the Environment

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations transpose for Northern Ireland, Directive 2008/98/EC (the revised Waste Framework Directive) of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2008, p3).

Their overall aim is to ensure that the Directive’s overall objectives, viz, the protection of the environment and human health; to reduce waste and encourage it to be used as a substitute for other non-renewable resources (substitution principle); to ensure that the EU becomes a recycling society by applying the self-sufficiency, polluter pays and proximity principles at both Member State and EU level.

Part 2 provides the amendments required to the Environment (Northern Ireland) Order 2002 and the Waste and Contaminated Land (Northern Ireland) Order 1997 by including provisions as follows:-

Regulation 3 amends and introduces the definitions as reflected in Article 3 of the Directive.

Regulations 4 and 6 extend the duty of care requirements to dealers of waste.

Regulation 5 and regulation 8, which substitutes the existing Schedule 3 to the 1997 Order, update the requirements for the Waste Management Strategy. The schedule in particular introduces measures for ensuring compliance with the waste hierarchy as a priority order. It also sets out in detail matters which must and matters which may be included in the Waste Management Strategy.

Part 3 introduces a new set of Regulations in which:-

Regulations 10 to 16 establish the requirements to produce waste prevention programmes. They also make supplementary provision in relation to waste prevention programmes and include provision for public participation in their preparation and revision.

Regulation 17 introduces a duty on waste operators to comply with the waste hierarchy.

Regulations 18 to 20 require that, from 1st January 2015, where it is environmentally, economically and technically feasible to do so, at least waste paper, metal, plastic and glass should be collected separately and the mixing of those wastes once separately collected is prohibited.

Regulation 22 provides that failure to comply with regulations 18 and 19 may result in the Department issuing compliance, restoration or suspension notices as applicable.

Regulation 23 provides a right of appeal against such a notice to the Planning Appeals Commission.

Regulation 24 provides for offences where the requirements to comply with the waste hierarchy and to separately collect waste and ensure that such wastes are not subsequently are breached.

Regulation 25 includes radioactive waste within the waste management regime under certain circumstances.

Part 4 makes consequential amendments to various other pieces of subordinate legislation to reflect the revised Directive and its requirements. These include:-

Regulation 28 revokes, with effect from 1st January 2014, exemption from registering as a carrier of waste under the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 for those who were previously exempt from registration but who ‘normally and regularly’ carry waste.

Regulation 33 places additional requirements under the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 on those who transport waste or who act as brokers or dealers of wastes.

Regulation 34 encourages the separate collection of waste oils and also provides that 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) 0.65 for other installations may now be classified as recovery operations.

Regulations 35 to 42 extensively amend the Waste Management Licensing Regulations (Northern Ireland) 2003 to include provisions that establish statutory ‘preparing for reuse’ and ‘recycling’ targets for waste from households and ‘preparing for reuse’, ‘recycling’ and ‘recovery’ targets for construction and demolition waste; encourage the separate collection of bio-waste; place a requirement on waste dealers to register with the Department; and impose duties on those responsible for regulating waste management activities and on those responsible for exercising certain functions including under the Planning Acts.

Regulations 45 to 63 amend the hazardous waste regime to ensure compliance with the revised Directive which repealed 75/439/EEC (Waste Oils Directive) and 91/689/EEC (the Hazardous Waste Directive) and brought hazardous waste requirements under its control.

Other legislation amended by way of these Regulations are:-

• The Deposits in the Sea (Exemptions) (Northern Ireland) Order 1995

• The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999

• The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000

• The Landfill Regulations (Northern Ireland) 2003

• The Landfill Allowances Scheme Regulations (Northern Ireland) 2004

• The List of Wastes Regulations (Northern Ireland) 2005

• The Feeding Stuffs Regulations (Northern Ireland) 2005

• The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

• The Renewables Obligation (Northern Ireland) Order 2009

• The Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009

• The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

• The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010

An Impact Assessment in relation to these Regulations has been placed in the library of the Northern Ireland Assembly and copies can be obtained from Environmental Policy Division, Goodwood House, 44–58 May Street, Belfast, BT1 4NN.

Footnotes

[^f00001]: S.I. 1992/2870 and S.I. 2008/301

[^f00002]: 1972 c.68

[^f00004]: 1954 c.33 (NI)

[^f00005]: S.R. 2004 No. 280

[^f00006]: S.R. 1999 No. 362

[^f00007]: S.R. 2003 No. 493

[^f00008]: S.I. 1991/1220 (N.I. 11)

[^f00009]: 1993 c. 12

[^f00010]: S.R. 2005 No. 300

[^f00011]: S.I. 1997/2778 (N.I. 19)

[^f00013]: S.R.1999 No.73

[^f00014]: S.R. 1999 No.362 as amended by S.R.2003 No.46, S.R.2003 No.493, S.R.2005 No.300 and S.R.2006 No. 280

[^f00015]: 2008 c. 12

[^f00016]: 1972 c. 70

[^f00017]: 1985 c. 48

[^f00018]: 2009 c. 23

[^f00019]: S.R.2000 No.232

[^f00020]: S.R. 2002 No.271 as amended by S.R.2003 No.404

[^f00021]: S.R.2003 No.46 as amended by S.R.2003 No.390, S.R. No.496, S.I. 2003/3311. S.R. 2004 No.36, S.R.2004 No.507, S.R.2005 No.285, S.R. 2005 No.300, S.R. 2005 No.454, S.R.2006 No.98, S.R. 2006 No.280, S.R. 2007 No.245, S.I.2007/2325, S.R. 2009 No.159, S.R.2009 No.403 and S.R.2010 No.165

[^f00023]: S.R. 2003 No.493 as amended by S.R. 2003 No.496. S.R. 2005 No. 300, S.R. 2006 No. 280, S.R. 2006 No. 489, S.R. 2006 No.519, S.R. 2007 No.258, S.R. 2008 No. 18, S.R.2009 No.159, S.R. 2009 No.178 and S.R 2010 No.84.

[^f00024]: OJ No L 312, 22.11.2008, p3

[^f00025]: 1993, c. 12

[^f00026]: S.R. 2005 No.300 as amended by S.R.2006 No.280 and S.R. 2009 No.159

[^f00027]: 2009 c.23

[^f00028]: 1970, Chapter 1

[^f00029]: OJ L 24/11, 29.1.2008

[^f00030]: S.R 1991 No.119 relevant amendments are S.R. 2004 No.438 and S.R. 2006 No. 382

[^f00031]: S.I. 1991/1220 (N.I. 11)

[^f00032]: S.I. 1999/660 (N.I.4)

[^f00033]: 1985 c.48

[^f00034]: 2009 c.23

[^f00035]: S.I. 1999/660 (N.I.4)

[^f00036]: S.I. 1978/1049 (N.I. 19)

[^f00037]: S.I. 1997/2778 (N.I. 19)

[^f00038]: S.I. 1991/1220 (N.I. 11)

[^f00039]: S.R. 1999 No. 362

[^f00040]: S.I. 1995/234 (N.I.12)

[^f00041]: 2009 c. 23

[^f00042]: S.R. 2005 No. 300

[^f00044]: S.R. 2006 No.213

[^f00045]: the definition of “planning permission” in Article 2 of the 1991 Order was amended by the Planning (Amendment) (Northern Ireland) Order 2003

[^f00046]: S.I. 1999/660 (N.I. 4)

[^f00047]: Article 32 was amended by the Planning Reform (Northern Ireland) Order 2006 (S.I.2006/1252 (N.I. 7) Article 11 and Schedule 5)

[^f00048]: OJ No L 182, 16.7.1999, pl, as last amended by Directive 2008/98/EC (OJ No L 312 22,11,2008, p3)

[^f00049]: OJ No L 102,11.4.2006, p15, as amended by Regulation (EC)No596/2009(OJ No L188,18.7.2009, p14)

[^f00050]: S.R. 1999 No.362

[^f00051]: S.I. 1986/1032 (N.I. 6)

[^f00052]: S.I. 1986/1033 (N.I. 7)

[^f00053]: S.I. 1990/593 (N.I. 5)

[^f00055]: S.R. 2003 No.496 as amended by S.R. 2004 No.297, S.R. 2005 No. 300, S./R. 2006 No. 280, S.R. 2007 No.179 and S.R. 2007 No.258

[^f00056]: S.R.2004 No.416

[^f00057]: S.R .2005 No.300

[^f00058]: S.R 2005 No.301

[^f00060]: S.R.2007 No.198

[^f00061]: S.R.2009 No.154

[^f00062]: S.R. 2009 No.159

[^f00063]: S.R. 2009 No.252

[^f00064]: S.R. 2010 No. 64

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

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

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

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

Amendment of regulation 1: Citation, commencement and interpretation

Amendment of regulation 2: Offences

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

Amendment of regulation 22: Registration of brokers

Amendment to the Landfill Regulations (Northern Ireland) 2003

Amendment to the Landfill Allowances Scheme Regulations (Northern Ireland) 2004

Amendments to the Hazardous Waste Regulations (Northern Ireland) 2005

Amendment to the List of Wastes Regulations (Northern Ireland) 2005

Amendment of the Feeding Stuffs Regulations (Northern Ireland) 2005

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

Amendment of the Renewables Obligation Order (Northern Ireland) 2009

Amendment of the Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009

Amendment of the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

Amendment of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010

Editorial notes

[^key-0155a9dbac4b1b2175f2b4a01d84f39f]: Reg. 1 in operation at 8.4.2011, see reg. 1(1)

[^key-fc086914ca2fa008d0ec0abb007f566d]: Reg. 2 in operation at 8.4.2011, see reg. 1(1)

[^key-851552c8c5488c02e8aa90a98b5276d4]: Reg. 3 in operation at 8.4.2011, see reg. 1(1)

[^key-8a0a89236a07658b2872e1fa443dea2e]: Reg. 4 in operation at 8.4.2011, see reg. 1(1)

[^key-a4b59f5108aa132e6ad9156ccba9c854]: Reg. 5 in operation at 8.4.2011, see reg. 1(1)

[^key-ddfb7e31d77fcbf6ad0924fe70a54016]: Reg. 6 in operation at 8.4.2011, see reg. 1(1)

[^key-3f5c8d5896ed3c7a53db0f44cc751d78]: Reg. 7 in operation at 8.4.2011, see reg. 1(1)

[^key-c2bd4feb840e6b576d137f2d77e3645c]: Reg. 8 in operation at 8.4.2011, see reg. 1(1)

[^key-507d85433241b5aee0aa0892554e42ce]: Reg. 9 in operation at 8.4.2011, see reg. 1(1)

[^key-e2499a9efe2356fbf4c079c0939b5ef6]: Reg. 10 in operation at 8.4.2011, see reg. 1(1)

[^key-e18cc9ef04acdce5e4018eb9c0444e0f]: Reg. 11 in operation at 8.4.2011, see reg. 1(1)

[^key-c64af9375ef32a29de3d7471da6f180c]: Reg. 12 in operation at 8.4.2011, see reg. 1(1)

[^key-f03fd69fa9cafb1b451b6b1610dd710c]: Reg. 13 in operation at 8.4.2011, see reg. 1(1)

[^key-e4a240a4dd399f77e3bbc0da23f418d0]: Reg. 14 in operation at 8.4.2011, see reg. 1(1)

[^key-b66daa068fd68ac8ce18283d44e96de2]: Reg. 15 in operation at 8.4.2011, see reg. 1(1)

[^key-8a0eeb1df75b995251b43b6de0ae6b95]: Reg. 16 in operation at 8.4.2011, see reg. 1(1)

[^key-cd5d6e7c2df7d93823e4cc1edfb9de2a]: Reg. 19 in operation at 8.4.2011, see reg. 1(1)

[^key-b352c721935454de1039d97469668f9f]: Reg. 20 in operation at 8.4.2011, see reg. 1(1)

[^key-0272345195bfac38547daac0bffc12bf]: Reg. 22 in operation at 8.4.2011, see reg. 1(1)

[^key-23b57ffdda9933111e3c0610a17e4fdb]: Reg. 23 in operation at 8.4.2011, see reg. 1(1)

[^key-33096fbb0714cb9282129b7cf8ee55f6]: Reg. 24 in operation at 8.4.2011, see reg. 1(1)

[^key-c50ca657899dab2f289336d053628427]: Reg. 25 in operation at 8.4.2011, see reg. 1(1)

[^key-8ca115b6fe9df9bdb9d36a2d77798583]: Reg. 27 in operation at 8.4.2011, see reg. 1(1)

[^key-ad385efa4c05a09ea5e497454aa84e3f]: Reg. 29 in operation at 8.4.2011, see reg. 1(1)

[^key-357c64b84420a449ca7e0c6a7acfe6ad]: Reg. 31 in operation at 8.4.2011, see reg. 1(1)

[^key-d151c1f977f3ace0dd9548033dbc8f64]: Reg. 32 in operation at 8.4.2011, see reg. 1(1)

[^key-eed9ff586b2ba22dadb9af0c93204b32]: Reg. 33 in operation at 8.4.2011, see reg. 1(1)

[^key-d8971686ec8fab2012df6ed526e2cd64]: Reg. 34 in operation at 8.4.2011, see reg. 1(1)

[^key-75afe52cd2f6f2147593e4a7c2abe3c8]: Reg. 35 in operation at 8.4.2011, see reg. 1(1)

[^key-78d12efe02fce4f8cd5409aacfb470cd]: Reg. 36 in operation at 8.4.2011, see reg. 1(1)

[^key-8f36f0ddd21da39c438d66147ddd014f]: Reg. 37 in operation at 8.4.2011, see reg. 1(1)

[^key-85ad33e138436edba9237a481d95121f]: Reg. 38 in operation at 8.4.2011, see reg. 1(1)

[^key-c25ede8fb6034b809622906b7a2053e2]: Reg. 39 in operation at 8.4.2011, see reg. 1(1)

[^key-44469205b954c8673364d0606d33a0de]: Reg. 40 in operation at 8.4.2011, see reg. 1(1)

[^key-b10417f6fd113a5750c65c5cddcf9fff]: Reg. 41 in operation at 8.4.2011, see reg. 1(1)

[^key-5eb9e698c4d233bed88484bdf2e6f377]: Reg. 42 in operation at 8.4.2011, see reg. 1(1)

[^key-8e0e1d6844f7a1b3a788d7235b4362be]: Reg. 43 in operation at 8.4.2011, see reg. 1(1)

[^key-914f357d0856afdc5a4fffd714e85eb0]: Reg. 44 in operation at 8.4.2011, see reg. 1(1)

[^key-bb171debd246d165057144b82059f91c]: Reg. 45 in operation at 8.4.2011, see reg. 1(1)

[^key-78e29b103846cff8acac0b09e9f62ed9]: Reg. 46 in operation at 8.4.2011, see reg. 1(1)

[^key-82ce60186ee32aa9d52682e2741e198e]: Reg. 47 in operation at 8.4.2011, see reg. 1(1)

[^key-62704f2aa013fbd8af2ac6274f894779]: Reg. 48 in operation at 8.4.2011, see reg. 1(1)

[^key-5b3711c74a321842c105edb79a067d7f]: Reg. 49 in operation at 8.4.2011, see reg. 1(1)

[^key-0383f82c0b4aa9c29b7bd8b79a3a8db7]: Reg. 50 in operation at 8.4.2011, see reg. 1(1)

[^key-a027cf9debda41d777d2944cb4dc5b1c]: Reg. 51 in operation at 8.4.2011, see reg. 1(1)

[^key-f1b814b58d924c6902f7b57121507da6]: Reg. 52 in operation at 8.4.2011, see reg. 1(1)

[^key-fa219630d63dc44eaf856ce073066bd1]: Reg. 53 in operation at 8.4.2011, see reg. 1(1)

[^key-89eabb66f4872ba098f6bccff5366a28]: Reg. 54 in operation at 8.4.2011, see reg. 1(1)

[^key-482514144f730886653ba0756a87fa3e]: Reg. 55 in operation at 8.4.2011, see reg. 1(1)

[^key-80ffa3759b1dbe44a9572ff17361080e]: Reg. 56 in operation at 8.4.2011, see reg. 1(1)

[^key-99983687d62e46033f9a5cf2acbb6342]: Reg. 57 in operation at 8.4.2011, see reg. 1(1)

[^key-97381ea5c359074f618323a4fdf9756a]: Reg. 58 in operation at 8.4.2011, see reg. 1(1)

[^key-ef6389261445c3ffe917339de94d94f1]: Reg. 59 in operation at 8.4.2011, see reg. 1(1)

[^key-1b3e8ecbe530e717bacc0f6eae8472e7]: Reg. 60 in operation at 8.4.2011, see reg. 1(1)

[^key-1976cc70ea5d8b26a1274ad935477be6]: Reg. 61 in operation at 8.4.2011, see reg. 1(1)

[^key-21642d00dd7686217d40381abafbd1ad]: Reg. 62 in operation at 8.4.2011, see reg. 1(1)

[^key-453bd5fd255d9d11e7463f32d79d5b87]: Reg. 63 in operation at 8.4.2011, see reg. 1(1)

[^key-ee3a6098afef13c75c30890050b46f28]: Reg. 64 in operation at 8.4.2011, see reg. 1(1)

[^key-10dc570527d10e0e6c07df78a629a8ac]: Reg. 65 in operation at 8.4.2011, see reg. 1(1)

[^key-38542c4c2b3370bd2ba17f890b71770a]: Reg. 67 in operation at 8.4.2011, see reg. 1(1)

[^key-3ba4e1a03018a8ae86b36f905a3a4acf]: Reg. 68 in operation at 8.4.2011, see reg. 1(1)

[^key-6af53aa7f8f33bb98b286038b2348bcd]: Reg. 69 in operation at 8.4.2011, see reg. 1(1)

[^key-975524a2f4aa2d6273d7d33b69c5f81b]: Reg. 70 in operation at 8.4.2011, see reg. 1(1)

[^key-6deb2d31a6f1ad398945748f4594b57a]: Reg. 71 in operation at 8.4.2011, see reg. 1(1)

[^key-7f6d050af46dc18a58f2e3c8311fe309]: Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

[^key-b9918ebb60205ff17d28543d9f99bff1]: Reg. 17 in operation at 8.10.2011, see reg. 1(2)

[^key-420c14b4b578dc65b9c27be2d4d2495e]: Word in reg. 13(1) omitted (30.11.2013) by virtue of The Waste (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/241), regs. 1(1), 3