The Litter (Statutory Undertakers) (Designation and Relevant Land) Order (Northern Ireland) 1996

Interpretation

2.—(1) In this order—

“the Litter Order” means the Litter (Northern Ireland) Order 1994.

“operational land” means—

(a)

in relation to any person authorised by any enactment to carry on a railway, land required or used for the operation of rail services,

(b)

in relation to any other designated statutory undertaker—

(i)

land which is used for the purpose of carrying on their undertaking; and

(ii)

land in which an interest is held for that purpose, but does not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

(2) For the purposes of Article 4, land is in an urban area if it is surrounded by, or adjoins for a continuous distance of not less than one kilometre, built-up sites (other than sites used for horticultural or agricultural purposes) on which there are permanent structures, and—

(a) for the purpose of determining whether any distance is continuous, any gap between built-up sites of 50 metres or less shall be disregarded,

(b) roads, navigable rivers and operational land which is not relevant land—

(i) shall not be treated as built-up sites for the purposes of determining whether or not land is in an urban area,

(ii) shall be ignored for the purposes of determining whether or not land adjoins built-up sites.