The Landfill Regulations (Northern Ireland) 2003

Regulation 19(2)

SCHEDULE 5 AMENDMENTS TO OTHER SUBORDINATE LEGISLATION

Further amendments to the 2003 Regulations

1.  The 2003 Regulations shall be amended as follows –

(1) In regulation 2(2) (Interpretation: general) –

(a) before the definition of “change in operation” insert –

““the 2003 Landfill Regulations” means the Landfill Regulations (Northern Ireland) 2003.”; and

(b) after the definition of “installation” insert –

““landfill” means a landfill to which the 2003 Landfill Regulations apply;”.

(2) In regulation 4 (Fit and proper person) –

(a) in paragraph (3) for sub-paragraphs (b) and (c) substitute –

“(b) he has not made, or will not before commencement of the specified waste management activity make, adequate financial provision (either by way of financial security or its equivalent) to ensure that –

(i) the obligations (including after-care provisions) arising from the permit in relation to that activity are discharged; and

(ii) any closure procedures required by the permit in relation to that activity are followed;

(c) he and all staff engaged in carrying out that activity will not be provided with adequate professional technical development and training; or

(d) the management of that activity will not be in the hands of a technically competent person.”; and

(b) After paragraph (5) insert a new paragraph (5)(A) –

“(5A) For the purposes of paragraph (3) –

(a) “relevant offence” means an offence prescribed for the purpose of Article 3(3)(a) of the Waste and Contaminated Land (Northern Ireland) Order 1997; and

(b) the qualifications and experience required of a person for the purposes of Article 3(3)(b) of the Waste and Contaminated Land (Northern Ireland) Order 1997 which are prescribed under Article 3(5) of that Order shall be treated as the qualifications and experience required of a person for the purposes of paragraph (3)(d)”

(3) In regulation 5 (Application to the Crown) –

(a) in paragraph (1) after “these Regulations” insert “and the 2003 Landfill Regulations”;

(b) in paragraph (2) –

(i) after “these Regulations” insert “or the 2003 Landfill Regulations”; and

(ii) after “liable under regulation 33” insert “or under regulation 17 of the 2003 Landfill Regulations”;

(b) in paragraph (3) after “these Regulations” insert “and the 2003 Landfill Regulations”; and

(4) In regulation 10(2) (Permits: general provisions) after “regulation 12” insert “(or regulation 8 of the 2003 Landfill Regulations)”.

(5) In regulation 12(16) (Conditions of permits: specific requirements) after “this regulation” insert “or regulation 8 of the 2003 Landfill Regulations”.

(6) In regulation 17(1) and (4) (Variation of conditions of permits) after “regulations 11 and 12” in each place where it occurs insert “or regulation 8 of the 2003 Landfill Regulations”.

(7) In regulation 28 (Appeals from decisions with respect to permits) –

(a) in paragraph (1) after sub-paragraph (f) insert –

“(g) a person whose request to initiate the closure procedure is not approved under regulation 15(3)(b) of the 2003 Landfill Regulations;

(h) a person who is aggrieved by a decision relating to that person under paragraph 1(6)(b) of Schedule 4 to the 2003 Landfill Regulations;”

(b) in paragraph (2) for “or a suspension notice” substitute “, a suspension notice or a closure notice under regulation 16(1) of the 2003 Landfill Regulations”;

(c) after paragraph (8) insert –

“(8A) Where an appeal is brought under paragraph (1)(g) in relation to a request to initiate the closure procedure or under paragraph (2) in relation to a closure notice, the closure procedure shall not be initiated pending the final determination or the withdrawal of the appeal.;”

(d) in paragraph (9) after “regulations 11 and 12” insert “or regulation 8 of the 2003 Landfill Regulations as the case may be”;

(e) after paragraph (10) insert –

“(11) Where an appeal is brought under paragraph (1)(g) or (h) in relation to a landfill in respect of which a waste management licence within the meaning of Part II of the Waste And Contaminated Land (Northern Ireland) Order 1997 (a licence) is in force, this regulation and Schedule 9 shall apply as if:

(a) references to a permit were references to a licence;

(b) references to the operator were references to the licence holder; and

(c) references to an installation or mobile plant were references to a landfill.”.

(8) In regulation 29(1) and (2) (Information) after “functions under these Regulations” in both places where it occurs insert “or the 2003 Landfill Regulations”.

(9) In regulation 33(1) (Offences) –

(a) in sub-paragraph (d) for “or a suspension notice” substitute “, a suspension notice or a closure notice under regulation 16 of the 2003 Landfill Regulations”; and

(b) in sub-paragraph (h)(i), after “these Regulations” insert “or the 2003 Landfill Regulations”.

(10) In regulation 37(1) and (2) (Directions to enforcing authorities) after “these Regulations” in both places where it occurs insert “or the 2003 Landfill Regulations”.

(11) In regulation 38(1) and (2) (Guidance to enforcing authorities) after “these Regulations” in both places where it occurs insert “or the 2003 Landfill Regulations”.

(12) In Schedule 3 (Prescribed date and transitional arrangements) –

(a) in the table in paragraph 2(2) for the entry relating to section 5.2 substitute the following –

Section 5.2

The period specified in the notice served on the operator under paragraph 1(9) of Schedule 4 to the 2003 Landfill Regulations.

(b) at the end of paragraph 2(11) add –

“(12) If –

(a) an activity falling within Part A of Section 5.2 in Part 1 of Schedule 1 is carried out in an existing Part A installation; and

(b) an activity falling within some other Section in Part 1 of Schedule 1 is also carried out in the same installation (a transitional landfill installation),

the preceding provisions of this paragraph shall apply as if there were two separate existing Part A installations one consisting of the part of the installation where the activity falling within Part A of Section 5.2 in Part 1 of Schedule 1 is carried out and the other consisting of the remainder of the installation.

(13) If –

(a) the relevant period has expired for a transitional landfill installation; and

(b) an application for a permit to operate the installation has been duly made but has not been determined at the relevant date, then

(i) the application shall be treated as an application to operate the parts of the installation other than those where the activity falling within Part A of Section 5.2 in Part 1 of Schedule 1 is carried out; and

(ii) the prescribed date for the remaining part of the installation shall be determined as if it were a separate installation.”.

(13) After paragraph 1 of Part 1 of Schedule 4 (Applications for permits) there shall be added

“(1A) An application for a landfill permit under regulation 10 relating to an installation where an activity falling within Part A of Section 5.2 in Part 1 of Schedule 1 is carried out shall contain the following additional information –

(a) a description of the types and total quantity of waste to be deposited;

(b) the proposed capacity of the disposal site;

(c) a description of the site, including its hydrogeological and geological characteristics;

(d) the proposed operation, monitoring and control plan;

(e) the proposed plan for the closure and after-care procedures; and

(f) the financial provision required by virtue of regulation 4(3)(b).”.

(14) In paragraph 1 of Schedule 10 (Registers) –

(a) in sub-paragraph (k) after “suspension notice issued by the enforcing authority” insert “or closure notice issued by the Chief Inspector under regulation 16(1) of the 2003 Landfill Regulations”;

(b) in sub-paragraph (q) after “regulation 33(1)” insert “or regulation 17(1) of the 2003 Landfill Regulations”;

(c) in sub-paragraph (t) after “regulation 29(2)” insert “or a closure notice under regulation 16(1) of the 2003 Landfill Regulations”;

(d) after sub-paragraph (v) insert –

“(w) all particulars of any site conditioning plan submitted under sub-paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of Schedule 4 to the 2003 Landfill Regulations;

(x) all particulars of any notice requiring a landfill to close (in whole or part) issued under paragraph 1(6) of Schedule 4 to the 2003 Landfill Regulations;

(y) all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2003 Landfill Regulations.”.

The Waste Management Licensing Regulations (Northern Ireland) 2003

2.  The Licensing Regulations shall be amended as follows.

(1) In regulation 1(3) (Citation, commencement and interpretation) before the definition of “the Industrial Pollution Order” insert –

““the 2003 Landfill Regulations” means the Landfill Regulations (Northern Ireland) 2003.”.

(2) In regulation 2 (Offences), after sub-paragraph (t) insert –

“(u) regulation 17(1) of the 2003 Landfill Regulations”.

(3) In regulation 9(1) (Registers) –

(a) in sub-paragraph (f) after “(whether or not in relation to a licence)” insert “or regulation 17(1) of the 2003 Landfill Regulations”;

(b) after sub-paragraph (m) insert –

“(n) all particulars of any site conditioning plan submitted to the Department under paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of Schedule 4 to the 2003 Landfill Regulations;

(o) all particulars of any notice of a decision under paragraph 1(6) of Schedule 4 to the 2003 Landfill Regulations;

(p) all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2003 Landfill Regulations.”.

(4) In paragraph 2 of Schedule 1 for the definition of “closed landfill” substitute –

““closed landfill site” means a landfill site –

(a)

which ceased to accept waste before the relevant date as specified in the 2003 Landfill Regulations; or

(b)

in relation to which the Chief Inspector has, pursuant to regulation 15(4)(b)(iii) of the 2003 Landfill Regulations, notified the operator by notice in writing that it approves the closure

and in relation to a landfill site where sub-paragraph (a) or (b) applies to only part of the site, means that part of the site only.”.