The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Changes over time for: Paragraph 9

Alternative versions:

31/12/2020- Amendment

Changes to legislation:

The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, Paragraph 9 is up to date with all changes known to be in force on or before 22 February 2025. 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.

View outstanding changes

Changes and effects yet to be applied to Schedule 3 Paragraph 9:

Sch. 3 para. 9(7)(b) word substituted by S.I. 2025/82 Sch. 10 para. 33(i)
Sch. 3 para. 9(8)(a)(i) word substituted by S.I. 2025/82 Sch. 10 para. 33(j)
Sch. 3 para. 9(8)(a)(ii) word substituted by S.I. 2025/82 Sch. 10 para. 33(j)

Modification of the Landfill DirectiveN.I.

This section has no associated Explanatory Memorandum

9.—(1) For the purposes of these Regulations [F1and the legislation specified in regulation 5], the Landfill Directive is to be read in accordance with this paragraph.

(2) When interpreting the Landfill Directive for the purposes of these Regulations—

(a)an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations;

(b)“landfill permit” or “permit” has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M1;

(c)“nature protection zone” means any—

(i)European site (which has the meaning given in regulation 9 of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 M2; or

(ii)area of special scientific interest (which has the meaning given in Article 28 of the Environment (Northern Ireland) Order) 2002 M3;

(d)any reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before [F2IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland; and

(e)the competent authority is the Department.

(3) Article 1 is to be read as if—

(a)in paragraph 1, the words from “With a view” to “thereof,” were omitted;

(b)in paragraph 2, for “Directive 96/61/EC M4”, in both places it occurs, there were substituted “ the Industrial Emissions Directive ”.

(4) Article 2 is to be read as if—

[F3(a)in point (a)—

“(i)“‘waste’, ‘hazardous waste’, ‘non-hazardous waste’” were omitted; and

(ii)for the words “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;”;]

[F4(b)after point (a) there were inserted—

“(aa)‘waste’ has the meaning given by regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;

(bb)‘hazardous waste’ and ‘non-hazardous waste’ have the meaning given in regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005;”; and]

(c)for point (l) there were substituted—

“(l)‘operator’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013”.

(5) Article 3(2) is to be read as if, in the words before the first indent, “Without prejudice to existing Community legislation,” were omitted.

(6) Article 5(3) is to be read as if—

(a)in point (b), for “Annex III to Directive 91/689/EC M5” there were substituted “ Annex III to the Waste Framework Directive ”;

(b)in point (c), for the words from “(property H9” to the end there were substituted “ by Annex III to the Waste Framework Directive ”;

(c)in point (d)—

(i)for “two years from the date laid down in Article 18(1)” there were substituted “ 16 July 2001 ”; and

(ii)for “five years from the date laid down in Article 18(1)” there were substituted “ from 16 July 2004 ” [F5; and]

[F6(d)in point (f)––

(i)after “waste”, in the first place it occurs, there were inserted “paper, metal, plastic and glass”;

(ii)the words from “pursuant” to “Article 22 of that Directive” were omitted; and;

(iii)for the words “Article 4 of that Directive” there were substituted “Article 4 of the Waste Framework Directive”.]

[F7(7) In Article 6, point (a) is to be read as if—

(a)in the first paragraph, in the second sentence, for “may” there were substituted “does”;

(b)in the second paragraph, for the words from “of Directive 2008/98/EC” to the end, there were substituted “set out in Part 1, Schedule 3 of the Waste and Contaminated Land (Northern Ireland) Order 1997, or any objectives in retained EU law relating to the increase of preparing for re-use and recycling;”.]

(8) Article 7 is to be read as if—

(a)in the first subparagraph, in point (h)—

(i)the reference to Council Directive 85/337/EEC M6 of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment were a reference to the retained EU law which transposed Directive 2011/92/EU in respect of Northern Ireland; and

(ii)the reference to Article 5 of Directive 85/337/EEC were a reference to the retained EU law which transposed Article 5 of Directive 2011/92/EU in respect of Northern Ireland;

(b)in the second subparagraph, “and Community” was omitted.

(9) Article 8 is to be read as if—

(a)in point (a)—

(i)in point (i), “without prejudice to Article 3(4) and (5),” were omitted; and

(ii)in point (iv)—

(aa)in the first sentence, “issued under the provisions of this Directive” were omitted; and

(bb)the third sentence were omitted;

(b)in point (b), for “Article 7 of Directive 75/442/EEC” there were substituted “ regulation 8 of the Waste Regulations (Northern Ireland) 2011 ”.

(10) Article 9 is to be read as if, in the words before point (a), the words from “Specifying” to “Directive 96/61/EC,” were omitted.

(11) Article 10 is to be read as if for “Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment M7” there were substituted “ the Environmental Information Regulations 2004 M8 ”.

(12) Article 11(1) is to be read as if—

(a)in point (b)—

(i)in the first indent—

(aa)for “Article 5(3) of Directive 91/689/EEC” there were substituted “ Article 19(2) of the Waste Framework Directive ”; and

(bb)for “Council Regulation” to the end there were substituted “ Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste M9 ”;

(ii)in the third indent, “and Community” was omitted;

(b)in point (d), “without prejudice to the provisions of Regulation (EEC) No 259/93,” were omitted.

(13) Article 13(d) is to be read as if “Community or” were omitted.

(14) Article 14 is to be read as if—

(a)in the words before point (a), for “within eight years after the date laid down in Article 18(1)” there were substituted “ by 16 July 2007 ”;

(b)in point (a), for the words from “with a period” to “Article 18(1)” there were substituted “ by 16 July 2000 ”;

(c)in point (c), for “within eight years after the date laid down in Article 18(1)” there were substituted “ by 16 July 2007 ”; and

(d)in point (d)—

(i)in point (i), for “within one year after the date laid down in Article 18(1)” there were substituted “ by 16 July 2000 ”; and

(ii)in point (ii), for “within three years after the date laid down in Article 18(1)” there were substituted “ by 16 July 2002 ”.

(15) Annex 1 is to be read as if—

(a)in Section 2, for the final sentence there were substituted “ The above provisions do not apply to inert landfills. ”;

(b)in Section 3.3, omit the second paragraph;

(c)in Section 3.4, for from “Directive 80/68/EEC” to “competent authority” there were substituted “ the Water Framework Directive, as transposed by the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 M10, the Department ”; and

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) Annex 2 is to be read as if—

(a)Section 1 were omitted;

(b)in Section 2, in the second paragraph, the third sentence were omitted;

(c)in Section 4, in the fourth and fifth paragraphs, for “covered by Directive 91/689/EEC” there were substituted “ classified as hazardous waste ”; and

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(17) Annex 3 is to be read as if––

(a)in Section 2, in the second paragraph, in the table, in the first column, for the words “14.00 h CET” in both places it occurs there were substituted “1 p.m.”;

(b)in Section 3, in the fourth paragraph, in the table, in table note 7, the words from “, and will report” to the end were omitted.]

(18) In sub-paragraph (2)(d) “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972 M11.

Textual Amendments

F1Words in Sch. 3 para. 9(1) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(i)

F2Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

F3Sch. 3 para. 9(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(ii)

F4Sch. 3 para. 9(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(iii)

F5Word in Sch. 3 para. 9(6)(c)(ii) substituted for full stop (31.12.2020 immediately before IP completion day) by virtue of The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(iv)(aa)

F6Sch. 3 para. 9(6)(d) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(iv)(bb)

F7Sch. 3 para. 9(7) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(v)

F8Sch. 3 para. 9(15)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(vi)

F9Sch. 3 para. 9(16)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(vii)

F10Sch. 3 para. 9(17) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(viii)

Commencement Information