The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

Revocation, savings and transitional provisions N.I.

24.—(1) The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 M1 (”2010 Regulations”) are revoked.

(2) Nothing in paragraph (1) shall affect the continued application of the 2010 Regulations in respect of the approval by the Department of a waste management plan where—

(a) the application for planning permission to which the waste management plan relates was received by the Department after the coming into operation of the 2010 Regulations; and

(b) planning permission was granted by the Department before the coming into operation of these Regulations.

(3) Where by virtue of paragraph 2 of Schedule 2 to the Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order (Northern Ireland) 2015 M2 an application for planning permission—

(a) is treated as if it had been made to the appropriate council under the 2011 Act; or

(b) is treated as having been made to the Department under section 26 of the 2011 Act; or

(c) is treated as having been referred to the Department under section 29 of the 2011 Act,

then, where that application is for relevant development within the meaning of the 2010 Regulations it shall be treated as an application for relevant development for the purposes of these Regulations and anything done by, to or in relation to the Department in connection with its functions under the 2010 Regulations shall be treated as if it had been done by, to or in relation to the appropriate council or, as the case may be, the Department in connection with its functions under these Regulations.

(4) Where by virtue of regulation 4(1)(c) of the 2010 Regulations planning permission for development comprising mining operations granted before the 1st April 2010 was deemed, subject to the prior submission to and approval by the Department of a waste management plan in accordance with regulations 6 and 7 of the 2010 Regulations, to include planning permission for relevant development then—

(a) where a waste management plan has been submitted to and approved by the Department before the coming into operation of these Regulations that planning permission shall be deemed under these Regulations to include planning permission for relevant development and shall be subject to the conditions of regulation 8 to 12 of these Regulations; and a Category A waste facility shall also be subject to regulation 13;

(b) where a waste management plan has been submitted to the Department but is not approved before the coming into operation of these Regulations then it shall be treated as if it had been submitted to the appropriate council and if approved by the council in accordance with the provisions of these Regulations that planning permission shall be deemed in accordance with sub-paragraph (a);

(c) where before the coming into operation of these Regulations no such waste management plan has been submitted to the Department for its approval then, without prejudice to the power of the Department or the council to take enforcement action under Part 5 of the 2011 Act, a waste management plan must be submitted to the council for its approval and if approved by the council that planning permission shall be deemed in accordance with sub-paragraph (a).

(5) Nothing in this regulation shall affect the generality of section 29 of the Interpretation Act (Northern Ireland) 1954.

Marginal Citations

M1 S.R. 2010 No.64

M2 S.R. 2015 No.49 (c.5)