The Environment (Northern Ireland) Order 2002

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II POLLUTION PREVENTION AND CONTROL

   1. Regulation of polluting activities

      1. 3. Purpose of Article 4

      2. 4. Regulation of polluting activities

   2. Waste management: site licences

      1. 5. New transitional provisions for disposal licences treated as site licences

      2. 6. Disposal licences which expire before commencement of waste management licensing

   3. Financial assistance by Department

      1. 7. Financial assistance by Department

   4. Supplementary

      1. 8. Interpretation of this Part

4. PART III AIR QUALITY

   1. Air quality

      1. 9. Implementation of Directive

      2. 10. Air quality strategy

      3. 11. District council reviews

      4. 12. Designation of air quality management areas

      5. 13. Further provisions in relation to designated areas

      6. 14. Reserve powers

      7. 15. Regulations

      8. 16. Recommendations and guidance

      9. 17. Supplemental provisions

   2. General

      1. 18. Financial assistance

      2. 19. Powers of enforcing authorities and persons authorised by them

      3. 20. Offences

      4. 21. Disclosure of information

      5. 22. Power to give effect to Community and other international obligations, etc.

      6. 23. Offences by bodies corporate

      7. 24. Offences under this Part due to fault of others

      8. 25. Application to Crown

      9. 26. Regulations and directions

      10. 27. Interpretation of this Part

5. PART IV AREAS OF SPECIAL SCIENTIFIC INTEREST

   1. Areas of special scientific interest

      1. 28. Declaration of ASSI

      2. 29. Variation of declaration

      3. 30. Declaration of additional land

      4. 31. Denotification

   2. Duties of owners and occupiers of land included in ASSI

      1. 32. Duties of owners and occupiers of land included in ASSI

      2. 33. Appeals in connection with consents

      3. 34. Management agreements

      4. 35. Management notices

      5. 36. Appeals against management notices

      6. 37. Payments by Department

   3. Duties of public bodies in relation to land included in ASSI

      1. 38. Public bodies: general duty

      2. 39. Public bodies: duties in relation to operations

      3. 40. Public bodies: duties in relation to authorising operations

   4. Powers of Department

      1. 41. Powers to acquire land

      2. 42. Powers to carry out works, etc.

      3. 43. Power to enter into agreements concerning land adjacent to an ASSI

      4. 44. Powers of entry

      5. 45. Power to make byelaws for ASSI

   5. Offences

      1. 46. Offences

      2. 46A. Notification of change of owner or occupier

      3. 46B. Notices and signs relating to ASSIs

      4. 47. Restoration following offences under Article 46

   6. Supplementary

      1. 48. Matters affecting agriculture, forestry and inland fisheries

      2. 48A. Effect of failure to serve certain notices

      3. 49. Application of this Part to the Crown

      4. 50. Statutory charges

      5. 51. Transitional provisions relating to this Part

      6. 52. Interpretation of this Part

6. PART V SUPPLEMENTARY

   1. 53. Amendments and repeals

7. SCHEDULES

   1. SCHEDULE 1

      PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER ARTICLE 4

      1. PART I LIST OF PURPOSES

         1. Preliminary

            1. 1. (1) Establishing standards, objectives or requirements in relation to emissions within the meaning of the...

            2. 2. (1) Conferring functions on the Department or the Secretary of State and determining the other...

            3. 3. Enabling the Department or the Secretary of State to give directions which enforcing authorities are...

         2. Permits

            1. 4. Prohibiting persons from operating any installation or plant of any specified description, or otherwise carrying...

            2. 5. Specifying restrictions or other requirements in connection with the grant of permits (including provisions for...

            3. 6. (1) Prescribing the contents of permits. (2) Authorising permits to be granted subject to conditions...

            4. 7. (1) Requiring permits or the conditions to which permits are subject to be reviewed by...

            5. 8. (1) Regulating the transfer or surrender of permits. (2) Authorising the revocation of permits by...

            6. 9. Authorising the Department to make schemes for the charging by enforcing authorities of fees or...

            7. 9A. Without prejudice to paragraph 9, authorising the Department to make schemes for the charging by...

            8. 9B. (1) Without prejudice to paragraph 9, authorising the Department to make schemes for the charging...

            9. 10. Authorising, or authorising the Department to make schemes for, the charging by the Department or...

         3. Information, publicity and consultation

            1. 11. Enabling persons of any specified description (whether or not they are holders of permits) to...

            2. 12. Securing— (a) that publicity is given to specified matters; (b) that enforcing authorities maintain registers...

            3. 13. Requiring or authorising enforcing authorities to carry out consultation in connection with the exercise of...

         4. Enforcement and offences

            1. 14. (1) Conferring on enforcing authorities functions with respect to the monitoring and inspection of the...

            2. 15. (1) Authorising enforcing authorities to serve on holders of permits— (a) notices requiring them to...

            3. 16. Authorising enforcing authorities to suspend the operation of permits so far as having effect to...

            4. 17. The creation of offences and dealing with matters relating to such offences, including— (a) the...

            5. 18. Enabling, where a person has been convicted of an offence under the regulations— (a) a...

         5. Appeals

            1. 19. (1) Conferring rights of appeal in respect of decisions made, notices served or other things...

         6. General

            1. 20. (1) Making provision which, subject to any modifications that the Department considers appropriate, corresponds or...

      2. PART II SUPPLEMENTARY PROVISIONS

         1. Particular types of pollution

            1. 21. The regulations may provide for specified provisions of the regulations to have effect in relation...

         2. Determination of matters by enforcing authorities

            1. 22. The regulations may make provision for anything which, by virtue of paragraphs 5 to 8,...

         3. Imposition of conditions

            1. 23. In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may...

         4. Charging schemes

            1. 24. The regulations may require any such scheme as is mentioned in paragraph 9 , 9A...

            2. 24A. The regulations may require any scheme as is mentioned in paragraph 9A , or 9B...

         5. Offences

            1. 25. (1) The regulations may provide for any such offence as is mentioned in paragraph 17...

         6. Interpretation

            1. 26. In this Schedule— aircraft operator ” has the same meaning as in the Aviation Greenhouse...

   2. SCHEDULE 2

      AIR QUALITY: SUPPLEMENTAL PROVISIONS

      1. Consultation requirements

         1. 1. (1) A district council in carrying out its functions in relation to— (a) any air...

      2. Exchange of information

         1. 2. (1) A relevant authority shall provide a district council with all such information as is...

      3. Joint exercise of district council functions

         1. 3. (1) The Department may give directions to any two or more district councils requiring them...

      4. Public access to information about air quality

         1. 4. (1) Each district council shall— (a) secure that there is available at all reasonable times...

      5. Fixed penalty offences

         1. 5. (1) Without prejudice to the generality of sub-paragraph (o) of paragraph (2) of Article 15,...

   3. SCHEDULE 3

      SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

      1. Interpretation

         1. 1. In this Schedule “relevant power” means a power conferred by Article 19, including a power...

      2. Issue of warrants

         1. 2. (1) If it is shown to the satisfaction of a justice of the peace on...

      3. Information obtained to be admissible in evidence

         1. 3. (1) Subject to Article 19(7), information obtained in consequence of the exercise of a relevant...

      4. Duty to secure premises

         1. 4. An authorised person who, in the exercise of a relevant power enters on any premises...

      5. Compensation

         1. 5. (1) Where an authorised person exercises any power conferred by Article 19(2)(a) or (b) or...

   4. SCHEDULE 4

      TRANSITIONAL PROVISIONS

      1. Introductory

         1. 1. (1) In this Schedule “the 1985 Order” means the Nature Conservation and Amenity Lands (Northern...

      2. Existing areas of special scientific interest

         1. 2. (1) Any declaration under Article 24 of the 1985 Order which is in force immediately...

      3. Consents under Article 32

         1. 3. (1) Subject to sub-paragraph (2) and paragraphs 4 and 5— (a) a notice given by...

      4. Operations on land

         1. 4. Article 32 does not apply in relation to the carrying out of any operation which...

      5. Appeals under Article 33

         1. 5. (1) Article 33(1)(a) does not apply to a refusal of a consent under Article 25(1)...

      6. Management agreements

         1. 6. (1) Subject to sub-paragraph (2), an agreement in force under Article 24(8)(a) of the 1985...

      7. Compensation

         1. 7. Despite its repeal by this Order, Article 26 of the 1985 Order continues to apply...

      8. Duty of public bodies in relation to operations

         1. 8. Article 39 does not apply in relation to the carrying out of operations which began...

      9. Offences and restoration orders

         1. 9. Article 46 does not apply in relation to an offence committed before the coming into...

   5. Schedule 5—Amendments

   6. Schedule 6—Repeals