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The Waste and Contaminated Land (Northern Ireland) Order 1997
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Changes over time for: Section 19
Changes to legislation:
The Waste and Contaminated Land (Northern Ireland) Order 1997, Section 19 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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.
Changes and effects yet to be applied to Article 19:
- art. 58(1A) inserted by 2011 c. 5 (N.I.) s. 8(3)
- art. 70(2A)-(2C) inserted by 2011 c. 5 (N.I.) s. 9
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 58(1A) inserted by 2011 c. 5 (N.I.) s. 8(3)
- art. 70(2A)-(2C) inserted by 2011 c. 5 (N.I.) s. 9
Waste management [F1plan] N.I.
[F219.—(1) The Department shall have a waste management [F3plan] containing its policies in relation to the recovery and disposal of waste in Northern Ireland.
[F4(2) The Department—
(a)shall review the waste management [F5plan] at least every sixth year;
(b)may from time to time modify the waste management [F6plan] ;
but this paragraph shall not apply to so much of a waste management [F7plan] as relates to the matters mentioned in paragraphs [F88 to 11] of Part 2 of Schedule 3.]
(3) The waste management [F9plan] shall consist of a statement which relates to the whole of Northern Ireland.
[F10(4) The waste management [F11plan] :-
(a)shall include a statement of the Department's policies for attaining the objectives set out in Part 1 Schedule 3;
(b)shall include the matters set out in Part 2 of that Schedule; F12...
(c)may include the matters set out in Part 3 of that Schedule [F13; and]]
[F14(d)for the purposes of litter prevention, must conform to—
(i)the programmes of measures published pursuant to regulation 14(1) of the Marine Strategy Regulations 2010; and
(ii)each programme of measures proposed under regulation 12(1) of the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017.]
[F15(4A) Steps taken before the coming into operation of this paragraph in relation to the waste management [F16plan] may be steps for the purposes of Articles 19, 19A, 19B and 19C.]
(5) In preparing the waste management [F17plan] the Department—
(a)shall consult district councils and such other bodies or persons appearing to it to be representative of the interests of industry as it considers appropriate, and may consult such other bodies or persons as it considers appropriate;
(b)may carry out a survey or investigation into—
(i)the kinds or quantities of waste which it appears to it is likely to be situated in Northern Ireland,
(ii)the facilities which are or appear to it likely to be available or needed in Northern Ireland for recovering or disposing of any such waste,
(iii)any other matter which the Department considers appropriate in connection with its preparation of the [F18plan] .
(6) Before carrying out a survey or investigation under paragraph (5)(b), the Department shall consult such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate, and shall consult such other bodies or persons as it may consider appropriate.
(7) The Department shall make its findings available to any bodies or persons it consults in accordance with paragraph (5)(a) or (6).
[F19(8) The Department shall ensure that the waste management [F20plan] conforms to the [F20plan] for the reduction of biodegradable waste going to landfill required by section 20(1) of the Waste and Emissions Trading Act 2003.]]
F1Word in art. 19 heading substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F2Art. 19 substituted (1.7.2009) by Waste Management Strategy Regulations (Northern Ireland) 2009 (S.R. 2009/178), reg. 2(4)
F3Word in art. 19(1) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F4Art. 19(2) substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(a) (with reg. 9(2))
F5Word in art. 19(2)(a) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F6Word in art. 19(2)(b) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F7Word in art. 19(2)(b) substituted (16.1.2020) by virtue of The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F8Words in art. 19(2) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(5)
F9Word in art. 19(3) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F10Art. 19(4) substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(b) (with reg. 9(2))
F11Word in art. 19(4) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F12Word in art. 19(4) omitted (18.12.2020) by virtue of The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(6)(a)
F13Words in art. 19(4)(c) substituted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(6)(b)
F14Art. 19(4)(d) inserted (18.12.2020) by The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/285), regs. 1(1), 2(6)(c)
F15Art. 19(4A) inserted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(c) (with reg. 9(2))
F16Word in art. 19(4A) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F17Word in art. 19(5) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F18Word in art. 19(5)(b)(iii) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
F19Art. 19(8) inserted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 5(1)(d) (with reg. 9(2))
F20Word in art. 19(8) substituted (16.1.2020) by The Waste Regulations (Northern Ireland) 2019 (S.R. 2019/240), regs. 1, 5
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