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