Environment Act 2021

61 Hazardous waste: Northern Ireland U.K.

(1) The Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) is amended as follows.

(2) In Article 30 (special provision with respect to hazardous waste)—

(a) in paragraph (1), for the words from “regulations” to “disposal” substitute “the Department may, by regulations, make provision for, about or connected with the regulation”;

(b) in paragraph (2)—

(i) before sub-paragraph (a) insert—

“(za) prohibiting or restricting the treatment, keeping or disposal of hazardous waste or any other activity in relation to such waste;”;

(ii) in sub-paragraph (a), after “hazardous waste” insert “or any other activity in relation to such waste”;

(iii) after sub-paragraph (g) insert—

“(h) for, about or connected with the imposition of civil sanctions.”;

(c) after that paragraph insert—

“(2A) For the purposes of this Article “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).

(2B) The regulations may include provision for, about or connected with the imposition of a sanction of that kind whether or not—

(a) the conduct in respect of which the sanction is imposed constitutes an offence, or

(b) the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.”;

(d) after paragraph (3) insert—

“(3A) The regulations may make consequential, supplementary, incidental, transitional or saving provision.”

(3) In Article 82 (regulations etc) after paragraph (1C) (as inserted by section 59) insert—

“(1D) Paragraph (1) does not apply to regulations made by the Department under Article 30 that provide for conduct to be subject to a civil sanction (within the meaning given by Article 30(2A)) which is not subject to a civil sanction under existing regulations under that Article.

(1E) Regulations to which paragraph (1) does not apply by virtue of paragraph (1D) may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.”

Commencement Information

I1 S. 61 not in force at Royal Assent, see s. 147(6)

I2 S. 61 in force at 28.2.2022 by S.R. 2022/54, art. 2(1)(j)