The Landfill (Amendment) Regulations (Northern Ireland) 2011

Amendment of regulation 2 (interpretation)

3.  In regulation 2(2)—

(a) immediately after the definition of “Chief Inspector”, insert—

““compliance notice” has the meaning given to it by regulation 15A(2);”

(b) for the definition of “operator”, substitute—

““operator” means—

(a)

a person falling within the definition of “operator” in regulation 2(2) of the 2003 Regulations or is treated as an operator under regulation 2(3) of those Regulations;

(b)

a person who held a disposal licence in respect of a landfill immediately prior to its cancellation or revocation in the specified period under Article 9(3) or 10(4) of the 1978 Order;

(c)

a council which rescinded a resolution in respect of a landfill in the specified period under Article 13(4)(a) of the 1978 Order; or

(d)

a person who held a waste management licence or site licence in respect of a landfill in the specified period.”

(c) immediately after the definition of “disposal licence”, insert—

““emergency” means a case in which it appears to the inspector in question—

(a)

that there is an immediate risk of serious pollution; or

(b)

that circumstances exist which are likely to endanger life or health,

and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;.”.

(d) immediately after the definition of “inert waste”, insert—

““inspector” means a person appointed under regulation 8(1) or (5) of the 2003 Regulations;”.

(e) immediately after the definition of “operator”, insert—

““premises” means any land, vehicle or vessel; and “vehicle” means any motor vehicle or trailer within the meaning of the Road Traffic (Northern Ireland) Order 1981(1);”.

(f) immediately after the definition of “resolution” insert the following definitions in alphabetical order—

““site licence” has the same meaning as in the 1997 Order;

“specified period” means the period commencing on 16^th July 2001 and ending on 5^th January 2004.”

(1)

S.I. 1981/154 (N.I. 1)