Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2004

Amendment, suspension and revocation of approvals

32.—(1) Where, in the case of any landfill, the Department is satisfied that any condition of the approval under regulation 30(1) is no longer fulfilled, or that the requirements in regulation 30(2)(a) and (b) are not being complied with, or that it is necessary to do so for public or animal health reasons, it may, by notice in writing served on the operator, suspend the approval.

(2) Where, in the case of any landfill, the Department is satisfied that any condition of the approval should be amended for public or animal health reasons, it may, by notice in writing served on the operator, amend the approval.

(3) Subject to paragraph (5) a suspension under paragraph (1) or an amendment under paragraph (2) –

(a) shall have immediate effect if the Department is satisfied that it is necessary for it to do so for the protection of public or animal health; but

(b) otherwise shall not have effect for at least 21 days following service of the notice of the suspension or amendment.

(4) The notice in paragraph (1) or (2) shall –

(a) give the reasons for the suspension or amendment; and

(b) explain the right of the operator of the landfill to make written representations to the Department or to be heard by an independent person appointed by the Department in accordance with regulation 33.

(5) Where there is an appeal under regulation 33, a suspension or amendment under paragraph (1) or (2) shall not have effect (except in any case to which paragraph (3)(a) applies) until the final determination by the Department in accordance with that regulation.

(6) Where the Department has suspended an approval under paragraph (1), and –

(a) no appeal is brought in accordance with regulation 33; or

(b) the Department upholds the suspension following such an appeal,

it may by notice in writing revoke the approval provided that it is satisfied, taking into account all the circumstances of the case, that the landfill will not be operated in accordance with the requirements of regulation 30(2)(a) or (b) or the conditions, if any, of the approval.