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The Waste and Contaminated Land (1997 Order) (Commencement No. 8) Order (Northern Ireland) 2008
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Statutory Rules of Northern Ireland
2008 No. 138 (C. 6)
Environmental Protection
The Waste and Contaminated Land (1997 Order) (Commencement No. 8) Order (Northern Ireland) 2008
Made
20th March 2008
Citation
1. This Order may be cited as the Waste and Contaminated Land (1997 Order) (Commencement No. 8) Order (Northern Ireland) 2008.
Appointed Day
2. The day appointed for the coming into operation of Articles 6(4), 7, 9, 10(6), 11 and 12(9) to 12(11) of the Waste and Contaminated Land (Northern Ireland) Order 1997 shall be 3rd April 2008.
Sealed with the Official Seal of the Department of the Environment on 20th March 2008
Wesley Shannon
A senior officer of the Department of the Environment
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into operation on 3rd April 2008, Articles 6(4), 7, 9, 10(6), 11 and 12(9) to 12(11) of the Waste and Contaminated Land (Northern Ireland) Order 1997. The provisions commenced relate to—
the making of representations in consultation processes before the grant, variation, suspension or revocation of waste management licences requiring the licence holder to carry out works which would necessitate the grant of rights over land; and
the payment of compensation for those required to grant rights over land to holders of those licences.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Waste and Contaminated Land (Northern Ireland) Order 1997 have been brought into operation by earlier commencement orders as from the dates shown.
| Provision | Date of Commencement | S.R.. No. |
|---|---|---|
| Article 1 | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Article 2(1), (2) (partially), | 17th September 1998 | S.R. 1998 No. |
| (3), (7) and (8) | 288 (C.11) | |
| Article 2(2) (partially) | 1st December 1998 | S.R. 1998 No. |
| and (6) | 390 (C.18) | |
| Article 2(2) (partially) | 19th August 1999 | S.R. 1999 No. |
| 325 (C.24) | ||
| Article 2(2) (partially) | 6th October 1999 | S.R. 1999 No. |
| 373 (C.29) | ||
| Article 2(2) (partially) | 1st March 2001 | S.R. 2001 No. |
| 40 (C.2) | ||
| Article 2(2) (in so far as it relates to the definitions of “licence”, “mobile plant licence”, “modifications”, “site licence”, “statutory provision”, “company” and “formed”), (4), (5) and (9) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 3(1), (2) and (3)(a) to | 27th November 2003 | S.R. 2003 No. |
| the extent that it is not | 489 (C.38) | |
| already in force, (3)(b) and (c), (4), (5) and (6) to the extent that it is not already in force | ||
| Article 3(3)(a) and (6) (both | 19th August 1999 | S.R. 1999 No. |
| paragraphs for the purposes | 325 (C.24) | |
| of Article 40(5)) | ||
| Article 4(1)(c) and (2), (3), (4) | 1st March 2001 | S.R. 2001 No. |
| and (6) to (9) in so far as they | 40 (C.2) | |
| relate to it | ||
| Article 4(1)(a) and (b) and (5) and to the extent that they are not already in force (2) to (4) and (6) to (9) | 27th November 2003 | S.R. 2003 No. 489 (C. 38) |
| Article 5 (in so far as it relates to the definition of “broker”) | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Article 5 (in so far as it is not already in operation) | 3rd June 2002 | S.R. 2002 No. 185 (C.18) |
| Article 6(1) to (3) and (5) to (10) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 8 | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 10(1) to (5) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 12(1) to (8) and (12) to (15) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Articles 13 to 18 | 27th November 2003 | S.R. 2003 No 489 (C.38) |
| Article 19 | 1st December 1998 | S.R. 1998 No. 390 (C.18) |
| Articles 20 to 23 | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
| Article 24 | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Articles 25 and 26 | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
| Articles 27 and 28 | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 29 | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
| Article 30 | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Article 31 | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Articles 32 and 33 | 1st December 1998 | S.R. 1998 No. 390 (C.18) |
| Articles 34 and 35 (both Articles for the purposes of Article 39(7)) | 19th August 1999 | S.R. 1999 No. 325 (C.24) |
| Article 34(1) to (3) and (5) to (7) (to the extent that it is not already in operation) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 35 (to the extent that it is not already in operation) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Articles 36 and 37 | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 38(1), (2), (4), (5) and (6) | 11th March 2000 | S.R. 1999 No. 325 (C.24) |
| Article 38(3) | 19th August 1999 | S.R. 1999 No. 325 (C.24) |
| Articles 39 to 41 | 19th August 1999 | S.R. 1999 No. 325 (C.24) |
| Article 42(1) to (7) | 11th March 2000 | S.R. 1999 No. 325 (C.24) |
| Article 42(8) | 19th August 1999 | S.R. 1999 No. 325 (C.24) |
| Article 43 (partially) | 19th August 1999 | S.R. 1999 No. 325 (C.24) |
| Article 43 (to the extent that it is not already in operation) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 44 (in so far as it relates to the Department) | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Article 44 (to the extent that it is not already in operation) | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
| Article 45(1), (2) and (3) | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
| Article 45(4) to (7) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Articles 46 and 47(1) (in so far as it relates to “existing disposal plans”) and (4) | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
| Article 47(1) (in so far as it relates to “existing resolution of a district council”) and (3) | 1st March 2001 | S.R. 2001 No. 40 (C.2) |
| Article 47(1) (to the extent that it is not already in operation) and (2) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 48 | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Articles 72 to 74 | 1st March 2001 | S.R. 2001 No. 40 (C.2) |
| Article 75 (in so far as it relates to Article 39) | 1st March 2001 | S.R. 2001 No. 40 (C.2) |
| Article 75 (to the extent that it is not already in operation) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Article 76 | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Article 77 | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
| Articles 78 to 82 | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Schedule 1 | 1st December 1998 | S.R. 1998 No. 390 (C.18) |
| Schedule 2 (partially) | 19th August 1999 | S.R. 1999 No. 325 (C.24) |
| Part I of Schedule 2 (in so far as it relates to appeals under Article 17) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Part II of Schedule 2 (in so far as it relates to appeals under Article 36) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Schedule 3 | 1st December 1998 | S.R. 1998 No. 390 (C.18) |
| Schedule 4 | 1st March 2001 | S.R. 2001 No. 40 (C.2) |
| Paragraph 4 of Schedule 5 and Article 83(1) (in so far as it relates to it) | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Paragraph 7 of Schedule 5 and Article 83(1) (in so far as it relates to it) | 1st March 2001 | S.R. 2001 No. 40 (C.2) |
| Paragraphs 2 and 3 of Schedule 5 and Article 83(1) (in so far as it relates to those paragraphs) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Paragraph 5 of Schedule 5 and Article 83(1) (in so far as it relates to it) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Paragraph 6 of Schedule 5 and Article 83(1) (in so far as it relates to it) | 27th November 2003 | S.R 2003 No. 489 (C.38) |
| Paragraph 8 of Schedule 5 and Article 83(1) (in so far as it relates to it) | 27th November 2003 | S.R. 2003 No. 489 (C.38) |
| Schedule 6 (partially) and Article 83(2) (partially) | 17th September 1998 | S.R. 1998 No. 288 (C.11) |
| Schedule 6 (partially) and Article 83(2) (partially) | 6th October 1999 | S.R. 1999 No. 373 (C.29) |
(1)
By virtue of paragraph 11(2) of Schedule 12 to the Northern Ireland Act 1998 [1998 C.47] and paragraph 4(1)(b) of the Schedule to the Northern Ireland Act 2000 [2000 C.1] the power conferred by Article 1(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997 on the Head of the Department is now exercisable by the Department.
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