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The Waste Management Licensing Regulations (Northern Ireland) 2003

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Meaning of “competent authority” etc.

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.

Table 13
Column (1)Column (2)
Competent authoritiesSpecified 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 strategy, or any modification of it, under Article 19 of that Order.

Its functions under Part II of the Food and Environment Protection Act 1985, or under paragraph 5.

Its function in relation to –

(a)

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;

(b)

authorisations under regulation 17 of the Groundwater Regulations (Northern Ireland) 1998 (disposal or tipping of substances in list I or II); and

(c)

notices under regulation 18 of the Groundwater Regulations (Northern Ireland) 1998 (prohibition or authorisation of activities which may result in indirect discharges of substances in list I or II).

Its functions in relation to appeals under the Industrial Pollution Control (Northern Ireland) Order 1997, the 1978 Order and the Waste Collection and Disposal Regulations (Northern Ireland) 1992.

A district council

Its functions under Part II of the 1978 Order in relation to disposal licences.

The preparation of plans or modifications of them under Article 23 of the 1997 Order

An enforcing authority (within the meaning of Article 2(8) of the Industrial Pollution Control Order)Its functions in relation to authorisations under the Industrial Pollution Control Order except in relation to the carrying out of an exempt activity under such authorisations.
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 under such permits.
The Planning Appeals CommissionIts 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.

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