The Waste Management Strategy Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the purpose of implementing:

(a) Article 7(1) of Directive 2006/12/EC of the European Parliament and of the Council on waste (O.J. No. L 114, 27.04.2006, p.21) as amended by Directive 2008/98/EC of the European Parliament and of the Council (O.J. No. L 312, 22.11.08, p.3);

(b) Article 6(1) of Council Directive 91/689/EEC on hazardous waste (O.J. N0. L 377, 31.12.1991, p.20) as amended by Council Directive 94/31/EC (O.J. No. L 168, 02.07.1994, p.28), Corrigendum to Directive 91/689/EC (O.J. No. L 23, 30.01.1998, p.39) , Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18 January 2006 (O.J. No. L 33, 04.02.2006, p.1) and Directive 2008/98/EC of the European Parliament and of the Council (O.J. No. L 312, 22.11.08, p.3);

(c) Article 14 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (O.J. No. L 365, 31.12.1994, p.10) as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. No. L 284, 31.10.2003, p.1), Directive 2004/12/EC of the European Parliament and of the Council (O.J. No. L 47, 18.02.2004, p.26) and Directive 2005/20/EC of the European Parliament and of the Council (O.J. No. L 70, 16.03.2005, p.17); and

(d) Article 2 of Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment (O.J. No. L 156, 25.06.2003), in so far as it relates to waste planning.

Regulation 2 substitutes a revised Article 19 and inserts new Articles 19A, 19B and 19C to the Waste and Contaminated Land (Northern Ireland) Order 1997.

The revised Article 19 requires the Department to have a waste management strategy containing its policies in relation to the recovery and disposal of waste in Northern Ireland and satisfy the requirements specified in the Article.

The new Article 19A applies that Article and Articles 19B and 19C to the preparation or modification of the waste management strategy, except where the strategy or any part of it is designed for the sole purpose of serving national defence or civil emergency or is subject to a public participation procedure under the Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004.

The new Article 19B sets out the public participation procedures to be followed when preparing or modifying the waste management strategy.

The new Article 19C sets out the procedures to be followed after public participation has taken place.