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The Waste and Contaminated Land (Northern Ireland) Order 1997
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Changes over time for: Section 31
Version Superseded: 31/07/2006
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- 01/01/2006- Amendment
- 01/01/2006
Point in time - 31/07/2006- Amendment
- 13/02/2015- Amendment
- 01/04/2015- Amendment
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The Waste and Contaminated Land (Northern Ireland) Order 1997, Section 31 is up to date with all changes known to be in force on or before 03 August 2024. 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.
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Waste other than controlled wasteN.I.
31.—(1) Regulations made after consultation with such bodies as the Department considers appropriate may provide that prescribed provisions of this Part shall have effect in a prescribed area—
(a)as if references in those provisions to controlled waste or controlled waste of a kind specified in the regulations included references to such waste as is mentioned in sub-paragraph (c) of the definition of “commercial waste” in Article 2(2) which is of a kind so specified; and
(b)with such modifications as may be prescribed;
and the regulations may make such modifications of any statutory provision (other than the prescribed provisions mentioned in paragraph (1)), as the Department considers appropriate.
(2) A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste—
(a)which is not controlled waste, but
(b)which, if it were controlled waste, would be[F1 hazardous waste],
in a case where he would be guilty of an offence under Article 4 if the waste were[F1 hazardous waste] and any management licence were not in force, shall, subject to paragraph (3), be guilty of that offence and punishable as if the waste were[F1 hazardous waste].
(3) No offence is committed under paragraph (2) if the act charged was done under and in accordance with any consent, licence, approval or authority granted under any statutory provision (excluding any planning permission under the [1991 NI 11.] Planning (Northern Ireland) Order 1991.)
(4) Article 20(2) and Article 22(1) shall apply to waste other than controlled waste as they apply to controlled waste.
F1SR 2005/300
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