SCHEDULEPROVISIONS OF THE 1997 ORDER FOR WHICH (SUBJECT TO ARTICLE 3) 27th NOVEMBER 2003 IS APPOINTED AS THE DAY OF COMING INTO OPERATION

Article 2

Provisions of the 1997 Order

Subject Matter

Article 2(2) (in so far as it relates to the definitions of “licence”, “mobile plant licence”, “modifications”, “site licence”, “statutory provision”, “company” and “formed”), (4), (5) and (9)

Interpretation

Article 3(1), (2), (3)(a) to the extent that it is not already in force, (3)(b) and (c), (4), (5) and (6) to the extent that it is not already in force

Meaning of “fit and proper person”

Article 4(1)(a) and (b) and (5) and to the extent that they are not already in force (2) to (4) and (6) to (9)

Prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste

Article 6(1) to (3) and (5) to (10)

Waste management licences: general

Article 8

Grant of licences

Article 10(1) to (5)

Variation of licences

Article 12(1) to (8) and (12) to (15)

Revocation and suspension of licences

Article 13

Surrender of licences

Article 14

Transfer of licences

Article 15

Fees and charges for licences

Article 16

Supervision of licensed activities

Article 17

Appeals from decisions with respect to licences

Article 18

Offences of making false or misleading statements or false entries

Article 24

Payments for recycling and disposal, etc, of waste

Article 27

Power of Department to require waste to be accepted, treated, disposed of or delivered

Article 28

Powers to require removal of waste unlawfully deposited

Article 31

Waste other than controlled waste

Article 34(1) to (3) and (5) to (7) (to the extent that it is not already in operation)

Public registers

Article 35 (to the extent that it is not already in operation)

Exclusion from registers of information affecting national security

Article 36

Exclusion from registers of certain confidential information

Article 37

Annual reports

Article 43 (to the extent that it is not already in operation)

Seizure and disposal of vehicles used for illegal waste disposal

Article 45(4) to (7)

Provisions relating to legal proceedings and civil liability

Article 47(1) (to the extent that it is not already in operation) and (2)

Transitional provisions with respect to licences

Article 75 (to the extent that it is not already in operation)

Evidence in connection with certain pollution offences

Part I of Schedule 2 (in so far as it relates to appeals under Article 17)

Appeals and decisions referred to the Planning Appeals Commission

Part II of Schedule 2 (in so far as it relates to appeals under Article 36)

Appeals and decisions referred to the Planning Appeals Commission

Paragraphs 2 and 3 of Schedule 5 and Article 83(1) (in so far as it relates to those paragraphs)

Amendments to the Pollution Control and Local Government (Northern Ireland) Order 1978

Paragraph 5 of Schedule 5 and Article 83(1) (in so far as it relates to it)

Amendment to the Environmental Protection Act 1990

Paragraph 6 of Schedule 5 and Article 83(1) (in so far as it relates to it)

Amendment to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992

Paragraph 8 of Schedule 5 and Article 83(1) (in so far as it relates to it)

Amendment to the Industrial Pollution Control (Northern Ireland) Order 1997

The following repeals in Schedule 6 and Article 83(2) in so far as it relates to those repeals –

Repeals

In the Pollution Control and Local Government (Northern Ireland) Order 1978 –

Articles 3, 5 to 13, 16 and 18;

in Article 36(1) the definitions of “disposal licence” and “relevant land”;

Article 36(2) to (4);

Article 85;

in Article 86 the words “Subject to Article 18(4)”.

Paragraphs 17 to 21, 23 and 24 of Schedule 3 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985

In Schedule 5 to the Planning (Northern Ireland) Order 1991, in the entry relating to the Pollution Control and Local Government (Northern Ireland) Order 1978, the words “7(2), 18(2)”

Paragraph 18 of Schedule 12 to the Electricity (Northern Ireland) Order 1992

In Schedule 6 to the Gas (Northern Ireland) Order 1996, the entry relating to the Pollution Control and Local Government (Northern Ireland) Order 1978

In the Waste and Contaminated Land (Northern Ireland) Order 1997–

in Article 43(1)(a)(i) the words from “or under” to “waste”; and

in Article 72(12), in the definition of “enforcing authority” sub-paragraph (c) and in the definition of “pollution control statutory provisions” sub-paragraph (b)(ii)