Chwilio Deddfwriaeth

Chwiliad Uwch

The Pollution Prevention and Control Regulations (Northern Ireland) 2003

Help about what version

Pa Fersiwn

Help about advanced features

Nodweddion Uwch

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Pollution Prevention and Control Regulations (Northern Ireland) 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 1 Part 2:

Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:

Whole provisions yet to be inserted into this Rule (including any effects on those provisions):

Prospective

PART 2N.I.INTERPRETATION OF PART 1

1.  The following rules apply for the interpretation of Part 1 of this Schedule.N.I.

Commencement Information

I1Sch. 1 Pt. 2 para. 1 in operation at 31.3.2003, see reg. 1

2.—(1) Subject to sub-paragraph (2), an activity shall not be taken to be a Part B or Part C activity if it cannot result in the release into the air of a substance listed in paragraph 12 or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.N.I.

(2) Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.

Commencement Information

I2Sch. 1 Pt. 2 para. 2 in operation at 31.3.2003, see reg. 1

3.  An activity shall not be taken to be an activity falling within Part 1 if it is carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school as defined by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986(1).N.I.

Commencement Information

I3Sch. 1 Pt. 2 para. 3 in operation at 31.3.2003, see reg. 1

4.  The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it shall not be taken to be an activity falling within Part 1.N.I.

Commencement Information

I4Sch. 1 Pt. 2 para. 4 in operation at 31.3.2003, see reg. 1

5.  The running of an engine in order to test it before it is installed or in the course of its development shall not be taken to be an activity falling within Part 1.N.I.

Commencement Information

I5Sch. 1 para. 5 in operation at 31.3.2003, see reg. 1

6.—(1) The use of a fume cupboard shall not be taken to be an activity falling within Part 1 if it is used as a fume cupboard in a laboratory for research or testing and it is not–N.I.

(i)a fume cupboard which is an industrial and continuous production activity enclosure; or

(ii)a fume cupboard in which substances or materials are manufactured.

(2) In sub-paragraph (1) “fume cupboard” has the meaning given by the British Standard “Laboratory fume cupboards” published by the British Standards Institution numbered BS7258 : Part I : 1990.

Commencement Information

I6Sch. 1 para. 6 in operation at 31.3.2003, see reg. 1

7.  An activity shall not be taken to fall within Part 1 if it is carried out as a domestic activity in connection with a private dwelling.N.I.

Commencement Information

I7Sch. 1 para. 7 in operation at 31.3.2003, see reg. 1

8.  References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site.N.I.

Commencement Information

I8Sch. 1 para. 8 in operation at 31.3.2003, see reg. 1

9.—(1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A which refers to capacity, other than design holding capacity.N.I.

(2) Where a person carries out several activities falling within the same description in Part A in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit, as the case may be, shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A.

(3) For the purpose of sub-paragraph (2), no account shall be taken of capacity when determining whether activities fall within the same description.

(4) Where an activity falls within a description in Part A by virtue of this paragraph it shall not be taken to be an activity falling within a description in Part B or Part C.

Commencement Information

I9Sch. 1 para. 9 in operation at 31.3.2003, see reg. 1

10.—(1) Where an activity falls within a description in Part A and a description in Part B that activity shall be regarded as falling only within the description in Part A.N.I.

(2) Where an activity falls within a description in Part A and a description in Part C that activity shall be regarded as falling only within the description in Part A.

(3) Where an activity falls within a description in Part B and a description in Part C, that activity shall be regarded as falling only within that description which fits it most aptly.

Commencement Information

I10Sch. 1 para. 10 in operation at 31.3.2003, see reg. 1

11.  In Part 1 of this Schedule–N.I.

“background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in–

(i)

water supplied to the site where the activity is carried out;

(ii)

water abstracted for use in the activity; and

(iii)

precipitation onto the site on which the activity is carried out;

“Part A activity” means an activity falling within Part A of any Section in Part 1 of this Schedule;

“Part B activity” means an activity falling within Part B of any Section in Part 1 of this Schedule;

“Part C activity” means an activity falling within Part C of any Section in Part 1 of this Schedule.

Commencement Information

I11Sch. 1 para. 11 in operation at 31.3.2003, see reg. 1

12.  References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances–N.I.

  • oxides of sulphur and other sulphur compounds;

  • oxides of nitrogen and other nitrogen compounds;

  • oxides of carbon;

  • organic compounds and partial oxidation products;

  • metals, metalloids and their compounds;

  • asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

  • halogens and their compounds;

  • phosphorus and its compounds;

  • particulate matter.

Commencement Information

I12Sch. 1 para. 12 in operation at 31.3.2003, see reg. 1

13.  References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts–N.I.

SubstanceAmount greater than the background quantity (in grammes) in any period of 12 months
Mercury and its compounds200 (expressed as metal)
Cadmium and its compounds1,000 (expressed as metal)
All isomers of hexachlorocyclohexane20
All isomers of DDT5
Pentachlorophenol and its compounds350 (expressed as PCP)
Hexachlorobenzene5
Hexachlorobutadiene20
Aldrin2
Dieldrin2
Endrin1
Polychlorinated Biphenyls1
Dichlorvos0.2
1,2 – Dichloroethane2,000
All isomers of trichlorobenzene75
Atrazine350*
Simazine350*
Tributyltin compounds4 (expressed as TBT)
Triphenyltin compounds4 (expressed as TPT)
Trifluralin20
Fenitrothion2
Azinphos-methyl2
Malathion2
Endosulfan0.5

*Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.

Commencement Information

I13Sch. 1 para. 13 in operation at 31.3.2003, see reg. 1

14.—(1) References to a substance listed in this paragraph are to any of the following substances–N.I.

  • alkali metals and their oxides and alkaline earth metals and their oxides;

  • organic solvents;

  • azides;

  • halogens and their covalent compounds;

  • metal carbonyls;

  • organo-metallic compounds;

  • oxidising agents;

  • polychlorinated dibenzofuran and any congener thereof;

  • polychlorinated dibenzo-p-dioxin and any congener thereof;

  • polyhalogenated biphenyls, terphenyls and naphthalenes;

  • phosphorus;

  • pesticides.

(2) In sub-paragraph (1), “pesticide” means any chemical substance or preparation prepared or used for destroying any pest, including those used for protecting plants or wood or other plant products from harmful organisms, regulating the growth of plants, giving protection against harmful creatures, rendering such creatures harmless, controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or protecting animals against ectoparasites.

Commencement Information

I14Sch. 1 para. 14 in operation at 31.3.2003, see reg. 1

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Rheol Gyfan

Y Rheol Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill