The Environment (Northern Ireland) Order 2002

PART II N.I. SUPPLEMENTARY PROVISIONS

Particular types of pollution N.I.

21.  The regulations may provide for specified provisions of the regulations to have effect in relation only to such environmental pollution as is specified. N.I.

Determination of matters by enforcing authorities N.I.

22.  The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by enforcing authorities. N.I.

Imposition of conditions N.I.

23.  In connection with the determination of conditions as mentioned in paragraph 6(3)(a) the regulations may in particular provide— N.I.

(a) for such conditions to be determined in the light of any specified general principles and any directions or guidance given under the regulations;

(b) for such guidance to include guidance sanctioning reliance by an enforcing authority on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to imposing a condition.

Charging schemes N.I.

24.  The regulations may require any such scheme as is mentioned in paragraph 9 [F1 , 9A] or 10 to be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure (whether or not incurred by the enforcing authority or other person to whom they are so payable) as is specified.

F1 Words in Sch. 1 para. 24 inserted (1.4.2010) by Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/92), regs. 1(1), 2(2)(b)

24A.  The regulations may require any scheme as is mentioned in paragraph 9A to include provision which gives effect to any proposal of the Environment Agency to prescribe operator registry charges and for any such charges to be paid to that Agency.

Offences N.I.

25.—(1) The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable— N.I.

(a) only summarily; or

(b) either summarily or on indictment

(2) The regulations may provide for such an offence to be punishable—

(a) on summary conviction by—

(i) imprisonment for a term not exceeding such period as is specified (which may not exceed six months), or

(ii) a fine not exceeding such amount as is specified (which may not exceed £30,000),

or both; or

(b) on conviction on indictment by—

(i) imprisonment for a term not exceeding such period as is specified (which may not exceed five years), or

(ii) a fine,

or both.

Interpretation N.I.

26.  In this Schedule—

[F2 “allowance” and “operator” have the same meaning as in the 2005 regulations;]

[F3 “Environment Agency” means the Agency constituted under the Environment Act 1995;]

“public body” means a body established or constituted by or under a statutory provision;

“the regulations” means regulations under Article 4;

“specified” means specified in regulations under that Article [F4 :]

[F5 “trading scheme registry” means the registry established under the 2005 regulations.]

F2 Sch.1 para. 26: definition of "allowance" and "operator" inserted (1.4.2010) by Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/92), regs. 1(1), 2(2)(d)(i)

F3 Sch.1 para. 26: definition of "Environment Agency" inserted (1.4.2010) by Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/92), regs. 1(1), 2(2)(d)(i)

F4 In Sch.1 para. 26 ":" substituted (1.4.2010) by Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/92), regs. 1(1), 2(2)(d)(ii)

F5 Sch.1 para. 26: definition of "trading scheme registry" inserted (1.4.2010) by Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/92), regs. 1(1), 2(2)(d)(iii)