The Waste Management Licensing Regulations (Northern Ireland) 2003

Exclusion of activities under other control regimes from waste management licensing

16.—(1) Subject to paragraph (2), Article 4(1)(a), (b) and (c) of the 1997 Order shall not apply in relation to the carrying on of any of the following activities –

(a) the deposit in or on land, recovery or disposal of waste under an authorisation granted under the Industrial Pollution Control Order where the activity is or forms part of a process designated for integrated central control under Article 3(4) of that Order;

(b) the disposal of waste under an authorisation granted under the Industrial Pollution Control Order where the activity is or forms part of a process within paragraph (a) of Part C of Section 5.1 (incineration) of Schedule 1 to the 1998 Regulations in so far as the activity results in releases of substances into the air;

(c) the deposit in or on land, recovery or disposal of waste under a permit granted under the 2003 Regulations to operate a Part A installation;

(d) the disposal of waste under a permit granted under the 2003 Regulations where the activity is or forms part of an activity within paragraph (a) or (b) of Part C of section 5.1 (incineration) of Part I of Schedule 1 to those Regulations in so far as the activity results in the release of substances into the air;

(e) the discharge of liquid waste under a consent under the Water Order or the Water and Sewerage Services (Northern Ireland) Order 1973; and

(f) the recovery or disposal of waste where the activity is or forms part of an operation which is for the time being, either –

(i) the subject of a licence under Part II of the Food and Environment Protection Act 1985(1); or

(ii) carried on in circumstances where such a licence would be required but for an order under section 7 of that Act.

(2) Paragraph (1)(a), (b) and (d) does not apply insofar as the activity involves the final disposal of waste by deposit in or on land.

(3) In paragraph (1)(c) “Part A installation” has the meaning given by regulation 2(2) of the 2003 Regulations.

(1)

1985 c. 48; Part II is amended by sections 146 and 147 of, and Part VIII of Schedule 16 to, the Environmental Protection Act 1990 (c. 43)