The Waste Incineration Regulations (Northern Ireland) 2003

Interpretation

2.—(1) In these Regulations –

“the 1978 Order” means the Pollution Control and Local Government (Northern Ireland) Order 1978(1);

“the 1997 Order” means the Industrial Pollution Control (Northern Ireland) Order 1997(2);

“the 2003 Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003(3);

“authorisation” means an authorisation granted under Article 6 of the 1997 Order;

“the Directive” means Directive 2000/76/EC on the Incineration of Waste(4);

“disposal licence” means a disposal licence granted under Article 7 of the Pollution Control and Local Government (Northern Ireland) Order 1978(5);

“existing waste incineration installation” means a waste incineration installation which –

(a)

in the case of an installation which is a co-incineration plant, is put into operation before 28th December 2004 subject to a relevant approval; or

(b)

in any other case –

(i)

is put into operation before 28th December 2003 subject to a relevant approval granted before 28th December 2002; or

(ii)

is put into operation before 28th December 2004, subject to a relevant approval granted on the basis of a duly made application submitted before 28th December 2002,

and where an installation becomes authorised as a waste incineration installation for the first time as a result of a modification notice pursuant to Article 9 of the 1978 Order, or a variation notice pursuant to Article 10 or 11 of the 1997 Order or regulation 17 of the 2003 Regulations, references in this definition to a relevant approval shall be construed as references to that modification or variation and not to the original relevant approval, and references to the grant of an approval shall be construed as references to the service of the notice effecting the modification or variation;

“permit” means a permit granted under regulation 10 of the 2003 Regulations;

“planning permission” means planning permission granted under the Planning (Northern Ireland) Order 1991(6); and

“relevant approval” means any of the following –

(a)

an authorisation;

(b)

a disposal licence;

(c)

a permit; or

(d)

planning permission.

(2) Words and expressions, which are defined in the 2003 Regulations and used in these Regulations, shall have the same meaning as in the 2003 Regulations.

(1)

S.I. 1978/1049 (N.I. 19)

(2)

S.I. 1997/2777 (N.I. 18)

(3)

S.R. 2003 No. 46

(4)

O.J. No. L332, 28.12.2000, p. 91

(5)

S.I. 1978/1049 (N.I. 19)

(6)

S.I. 1991/1220 (N.I. 11)