The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018

Amendments to the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 N.I.

6.—(1) The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015(1) shall be amended as follows—

(2) In regulation 2(2)—

(a) for the definition of “best available techniques” substitute “best available techniques” has the same meaning as in [F1 Article 3(10)] of Council Directive 2010/75/EU(2) of 24 November 2010 as it had effect immediately before exit day”;

(b) at the end of the definition of “the Directive” insert “as it had effect immediately before exit day”;

(c) omit the definition of “Directive 2006/11/EC”(3);

(d) at the end of the definition of “Directive 2006/118/EC”(4) insert “as it had effect immediately before exit day”;

(e) at the end of the definition of “Directive 2008/98/EC”(5) insert “as it had effect immediately before exit day”;

(f) at the end of the definition of “Directive 2012/18/EU”(6) insert “as it had effect immediately before exit day”;

(g) at the end of the definition of “Directive 2000/60/EC”(7) insert “as it had effect immediately before exit day”;

(h) in the definition of “extractive waste”, in paragraph (c), after the words “authorised by” insert “any law implementing”;

(i) after the definition of “major development” insert ““Member State” shall be construed in accordance with Schedule 1 to the Interpretation Act 1978(8);”;

(j) at the end of the definition of “Regulation (EC) 1272/2008”(9) insert “as amended from time to time”; and

(k) in the definition of “unpolluted soil” for “national or community law” substitute “national legislation or retained EU law”.

(3) In regulation 5—

(a) for paragraph (2), substitute “Regulation 4(1)(d) shall not apply to those waste facilities which fall within the scope of Directive 2012/18/EU”; and

(b) in paragraph (8), for “Directives 2006/11/EC, 2006/118/EC or 2000/60/EC” substitute “any law implementing Directives 2006/118/EC or 2000/60/EC”.

(4) In regulation 6(2)(j) before “Directive” insert “any law that implements”.

(5) In regulation 7(2)(b)(i), for “national or community legislation” substitute “national legislation or retained EU law”.

(6) In regulation 9(1)—

(a) in paragraph (a), for “European Community or national obligations” substitute “obligations under national legislation or retained EU law”; and

(b) in paragraph (b), for “Directives 2006/11/EC, 2006/118/EC and 2000/60/EC” substitute “any law implementing Directives 2006/118/EC and 2000/60/EC”.

(7) In regulation 10—

(a) in paragraph (1), before “Directive” insert “any law that implements”;

(b) in paragraph (2), for “Directives 2006/11/EC, 2006/118/EC and 2000/60/EC” substitute “any law implementing Directives 2006/118/EC and 2000/60/EC”; and

(c) for paragraph (3)(b), substitute “compliance with environmental obligations in retained EU law, in particular any law which implements Directive 2000/60/EC”.

(8) In regulation 12(b), for “Directives 2006/11/EC, 2006/118/EC and 2000/60/EC” substitute “any law implementing Directives 2006/118/EC and 2000/60/EC”.

(9) In regulation 19(8) for “another” substitute “a”.

(10) In regulation 19(9) omit “other”.

(11) In regulation 20—

(a) in the heading omit “other”;

(b) in paragraphs (1) and (2) for “another”, in each place it occurs, substitute “a”; and

(c) in paragraph (2)(a) omit “other”.

(12) In Schedule 3, for paragraph 3 substitute—

“3.   It contains substances or preparations classified as dangerous which fall within the scope of Regulation (EC) 1272/2008(10).”

Textual Amendments

F1 Words in reg. 6(2)(a) substituted (31.12.2020) by The Planning (Environmental Assessments and Technical Miscellaneous Amendments) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/300), regs. 1(3), 6(3)

Commencement Information

I1 Reg. 6 in force at 31.12.2020 (in force on IP completion day in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

(1)

S.R. 2015 No.85

(2)

O.J. No. L334, 17.12.2010, p.17–119

(3)

O.J. No. L64, 4.3.2006, p.52-59

(4)

O.J. No. L372, 27.12.2006, p.19-31

(5)

O.J. No. L312, 22.11.2008, p.3-30

(6)

O.J. No. L197, 24.7.2012, p.1-37

(7)

O.J. No. L327, 22.12.2000, p.1-73

(8)

1978 c. 30

(9)

O.J. No. L353, 31.12.2008, p.1-1355

(10)

O.J. No. L353, 31.12.2008, p. 1-1355