The Waste and Contaminated Land (Northern Ireland) Order 1997PART IINTRODUCTORY1Title and commencement2General interpretationPART IIWASTE ON LAND3Meaning of “fit and proper person”Prohibition on unauthorised or harmful depositing, treatment or disposal of waste4Prohibition on unauthorised or harmful deposit, treatment or disposal, etc., of waste4AFixed penalty notices for offences under Article 4Duty of care, etc., as respects waste5Duty of care, etc., as respects waste5AFixed penalty notices for certain offences under Article 5(8)Provisions relating to offences under Articles 4 and 55BArticle 4 and 5 offences: investigation and enforcement costs5CArticle 4 offences: clean-up costs5DArticle 4 and 5 offences: forfeiture of vehicles5EPower to search and seize vehicles etc5FSeizure of vehicles etc: supplementaryWaste Management Licences6Waste management licences: general7Compensation where rights granted pursuant to Article 6(4) or 12(9)8Grant of licences9Consultation before the grant of certain licences10Variation of licences11Consultation before certain variations12Revocation and suspension of licences13Surrender of licences14Transfer of licences15Fees and charges for licences16Supervision of licensed activities17Appeals from decisions with respect to licences18Offences of making false or misleading statements or false entriesCollection, disposal or treatment of controlled waste19Waste management plan 19AApplication of public participation procedures19BPublic participation procedures19CProcedures following public participation20Collection of controlled waste20ASeparate collection of food waste21Receptacles for household waste22Receptacles for commercial or industrial waste22AFixed penalty notices for offences under Articles 21 and 2222BAmount of fixed penalty under Article 22A22CUse of fixed penalty receipts23Waste management plans by district councils24Payments for recycling and disposal, etc., of waste25Disposal of waste26Powers for recycling waste27Power of Department to require waste to be accepted, treated, disposed of or delivered28Powers to require removal of waste unlawfully deposited28AArticle 28: supplementary power in relation to owner of land29Interference with waste sites and receptacles for wasteSpecial waste and non-controlled waste30Special provision with respect to certain dangerous or intractable waste31Waste other than controlled wasteOther controls on substances, articles or waste32Power to prohibit or restrict the use, supply or storage of injurious substances or articles33Power to obtain information about potentially hazardous substancesPublicity34Public registers35Exclusion from registers of information affecting national security36Exclusion from registers of certain confidential information37Annual reportsRegistration of carriers of controlled waste38Offence of transporting controlled waste without registering39Registration of carriers40Restrictions on power under Article 3941Appeals against refusal of registration, etc.42Duty to produce authority to transport controlled waste42ASeizure of vehicles etc: supplementary42BFixed penalty notices for offences under Article 4243Seizure and disposal of vehicles used for illegal waste disposalMiscellaneous44Obtaining of information45Provisions relating to legal proceedings and civil liability46Supplementary provisions relating to pipes47Transitional provisions with respect to licences48This Part and radioactive substancesPART IIICONTAMINATED LAND49Interpretation of Part III50Identification of contaminated land51Identification and designation of special sites52Referral of special site decisions to the Planning Appeals Commission53Duty of enforcing authority to require remediation of contaminated land, etc.54Determination of the appropriate person to bear responsibility for remediation55Grant of, and compensation for, rights of entry, etc.56Restrictions and prohibitions on serving remediation notices56ARestrictions on liability relating to the pollution of waterways and underground strata57Liability in respect of contaminating substances which escape to other land58Appeals against remediation notices59Offences of not complying with a remediation notice60Powers of the enforcing authority to carry out remediation61Recovery of, and security for, the cost of remediation by the enforcing authority62Special sites63Registers64Exclusion from registers of information affecting national security65Exclusion from registers of certain confidential information66Reports by the Department on the state of contaminated land67Guidance by the Department concerning contaminated land68Supplementary provisions69Supplementary provisions with respect to guidance by the Department70Interaction of this Part with other statutory provisions71This Part and radioactivityPART IVGENERALSupervision and enforcement72Powers of enforcing authorities and persons authorised by them73Power to deal with cause of imminent danger of serious pollution etc.73APower of authorised officers of Department to stop vehicles74OffencesEvidence75Evidence in connection with certain pollution offencesInformation76Disclosure of informationSupplemental77Power to give effect to retained EU obligations and other international obligations, etc.78Offences by bodies corporate79Offences under this Order due to fault of others80Application to Crown81Financial provision82Orders, regulations and directionsArticle 83—Amendments and repeals SCHEDULESSCHEDULE 11Production or consumption residues not otherwise specified below.2Off-specification products.3Products whose date for appropriate use has expired.4Materials spilled, lost or having undergone other mishap, including any materials, equipment,5Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations,6Unusable parts (e.g. reject batteries, exhausted catalysts,7Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts,8Residues of industrial processes (e.g. slags, still bottoms,9Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters,10Machining or finishing residues (e.g. lathe turnings, mill scales,11Residues from raw materials extraction and processing (e.g. mining residues, oil field slops,12Adulterated materials (e.g. oils contaminated with PCBs,13Any materials, substances or products whose use has been banned by law.14Products for which the holder has no further use (e.g. agricultural, household, office, commercial and15Contaminated materials, substances or products resulting from remedial action with respect to land.16Any materials, substances or products which are not contained in the above categories.SCHEDULE 2APPEALS AND DECISIONS REFERRED TO THE PLANNING APPEALS COMMISSIONPART IAPPEALS UNDER ARTICLE 17, 41 OR 581This paragraph applies to an appeal to the Planning Appeals Commission ( “the Commission”) underPART IIAPPEALS UNDER ARTICLE 36 OR 652This paragraph applies to an appeal to the Planning Appeals Commission under Article 36(5) orPART IIIDECISIONS REFERRED UNDER ARTICLE 524This paragraph applies where, in accordance with paragraph (1) of Article 52, a district councilSCHEDULE 3THE WASTE MANAGEMENT PLANPart 1Objectives1Overall objective2Application of the waste hierarchy3Protection of human health and the environment4Principles of self-sufficiency and proximityPart 2Matters which must be included in the waste management plan5Analysis of the current waste management situation etc.6General policies in relation to waste and litter7Policies in relation to packaging waste8Policies in relation to separate collection of waste9Policies in relation to bio-waste10Policies in relation to preparing for re-use11Policies in relation to recycling targets and landfill reduction targetsPart 3Matters which may be included in the waste management plan12The waste management plan may include provision about any of the following, taking into accountPart 4Examples of economic instruments and other measures to provide incentives for the application of the waste hierarchy13The economic instruments and other measures referred to in paragraph 2(3) are—SCHEDULE 4SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRYInterpretationInterpretation1In this Schedule “relevant power” means a power conferred by Article 72, including a powerIssue of warrants2If it is shown to the satisfaction of a justice of the peace on complaintInformation obtained to be admissible in evidence3Subject to Article 72(9), information obtained in consequence of the exercise of a relevant power,Duty to secure premises4An authorised person who, in the exercise of a relevant power, enters on any premisesCompensation5Where an authorised person exercises any power conferred by Article 72(2)(a) or (b) or (3),Schedule 5—AmendmentsSchedule 6—RepealsStatutory Instruments1997 No. 2778 (N.I. 19)The Waste and Contaminated Land (Northern Ireland) Order 199726th November 1997