SCHEDULES

SCHEDULE 1PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER ARTICLE 4

PART ILIST OF PURPOSES

General

20

1

Making provision which, subject to any modifications that the Department considers appropriate, corresponds or is similar to—

a

any provision made by or under, or capable of being made under—

i

the Industrial Pollution Control (Northern Ireland) Order 1997; or

ii

Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19); or

F3b

any provision (not being a provision within any of paragraphs 1 to 19) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—

i

imposing or increasing taxation;

ii

taking effect from a date earlier than that of the making of the regulations containing the provision;

iii

conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal;

iv

creating any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine.

2

In sub-paragraph (1) “the relevant directives” means—

F2a

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) ;

F1b

Directive 2008/98/EC of the European Parliament and of the Council on waste;

F4c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5d

Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos;

F6e

European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;

f

Council Directive 1999/31/EC on the landfill of waste as last amended by Directive 2011/97/EU;

g

Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles as last amended by Directive (EU) 2017/2096;

h

Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;

i

Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants;

j

Directive 2003/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage;

k

Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries;

l

Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators, as last amended by Directive 2013/56/EU;

m

Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration);

n

Directive 2008/98/EC of the European Parliament and of the Council of waste, as last amended by Regulation (EU) 2017/997;

o

Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide;

p

Directive 2009/126/EC of the European Parliament and of the Council on stage II petrol vapour recovery during refuelling of motor vehicles at service stations;

q

Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control);

r

Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as it had effect immediately before 4th July 2018;

s

Directive 2012/27/EU of the European Parliament and of the Council on Energy efficiency;

t

Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;

u

Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants;

v

any other directive of the Council of the European Community designated by order for the purposes of this paragraph as in force on exit day.

F72A

In sub-paragraph (1)(b)(iii), “power to legislate” does not include any power to—

a

amend or extend a power to legislate conferred other than under this paragraph;

b

give directions as to matters of administration.

3

Making provision about the application of the regulations to the Crown.