The Waste Regulations (Northern Ireland) 2011

Amendment of regulation 22: Registration of brokers N.I.

40.  For Schedule 3 substitute

Regulations 1(3) and 21

“SCHEDULE 3 N.I. WASTE FRAMEWORK DIRECTIVE

PART I N.I. General

Interpretation of Schedule 3

1.   In this Schedule, unless the context otherwise requires—

“best available techniques” means best available techniques as defined in Article 2(12) of Directive 2008/1/EC(1); of the European Parliament and of the Council concerning integrated pollution prevention and control;

“collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

“competent authority” has the meaning given by paragraph 3;

“development” and “development plan” has the same meaning as in the Planning (Development Plans) Regulations (Northern Ireland) 1991(2);

“modify” includes vary, and cognate expressions shall be construed accordingly;

“municipal waste” means household waste and similar waste;

“permit” means a waste management licence under Article 6 of the 1997 Order, a disposal licence, an authorisation under the Industrial Pollution Control Order, a permit under the 2003 Regulations, a resolution, a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009 or a consent under the Water Order;

“plan-making provisions” means paragraph 5 below, Articles 19 and 23 of the 1997 Order and Parts II and III of the Planning (Northern Ireland) Order 1991(3);

“planning permission” has the same meaning as in Part I of the Planning (Northern Ireland) Order 1991;

“preparing for re-use” means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing; and “preparation for re-use” shall be construed accordingly;

“prevention” means measures taken before a substance, material or product has become waste, that reduce—

(a)

the quantity of waste, including through the re-use of products or the extension of the life span of products;

(b)

the adverse impacts of the generated waste on the environment and human health; or

(c)

the content of harmful substances in materials and products;

“recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

“relevant objectives” has the same meaning given in paragraph 4;

“re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

“regional development strategy” means the regional development strategy referred to in Article 3 of the Strategic Planning (Northern Ireland) Order 1999(4);

“specified action” means any of the following—

(a)

determining—

(i)

an application for planning permission; or

(ii)

an appeal made under Article 32 of the Planning (Northern Ireland) Order 1991 in respect of such an application;

(b)

deciding whether to take any action under Article 71(1)(a) or (b) of the Planning (Northern Ireland) Order 1991;

(c)

deciding whether—

(i)

in making or confirming a discontinuance order, to include in the order any grant of planning permission; or

(ii)

to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,

and, for the purposes of this sub-paragraph, “discontinuance order” means an order under Article 39 of the Planning (Northern Ireland) Order 1991;

(d)

discharging functions under Part III of the Planning (Northern Ireland) Order 1991;

“the Waste Hierarchy” means the priority order which shall apply to the prevention and management of waste as follows—

(a)

prevention;

(b)

preparing for re-use;

(c)

recycling;

(d)

other recovery, e.g. energy recovery; and

(e)

disposal;

“waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operation and the after-care of disposal sites, and including actions taken as a broker or dealer;

“Waste Management Groups” means arc21, SWaMP 2008 and the North West Region Waste Management Group.

Duties of competent authorities

2.— (1) Subject to the following provisions of this paragraph, a competent authority shall discharge their specified functions, in so far as they relate to the recovery or disposal of waste, with the relevant objectives.

(2) Where the recovery or disposal of waste is or forms part of a prescribed process designated for local control under the Industrial Pollution Control Order, and requires either a waste management licence or is covered by an exemption conferred by regulation 17 and Part I of Schedule 2 to, these Regulations, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—

(a) the Industrial Pollution Control Order so as to control pollution of the environment due to the release of substances into any environmental medium other than the air; or

(b) Part II of the 1997 Order in order to control pollution of the environment due to the release of substances into the air resulting from the carrying on of the prescribed process.

(3) In sub-paragraph (2), “prescribed process”, “designated for local control”, “pollution of the environment due to the release of substances into the air” and “pollution of the environment due to the release of substances into any environmental medium other than the air” have the meanings which they have in Article 2 of the Industrial Pollution Control Order.

(4) In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B or a Part C installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under—

(a) the 2003 Regulations for any purpose other than preventing or, where that is not practicable, reducing emissions into the air;

(b) Part II of the 1997 Order for the purpose of preventing or reducing emissions into the air.

(5) In sub-paragraph (4), “Part B installation” and “Part C installation” have the meaning given by regulation 2(1) of the 2003 Regulations.

Meaning of “competent authority” etc.

3.— (1) For the purposes of this Schedule, “competent authority” means any of the persons or bodies listed in column (1) of Table 13 and, subject to sub-paragraph (2), in relation to a competent authority “specified function” means any function of that authority listed in column (2) of that Table opposite the entry for that authority.

Table 13

Column 1	Column 2
Competent authorities	Specified functions
The Department	The taking of any specified action. Its functions under Part II of the 1997 Order in relation to waste management licences, including preparing the waste management strategy or any modification of that strategy under Article 19 of that Order and preparation of a waste prevention programme, or any modification of these, under Part 3 of the Waste Regulations (Northern Ireland) 2011. Its functions under Part II of the Food and Environment Protection Act 1985, or under paragraph 5 of this Schedule. Its functions under Part 4 of the Marine and Coastal Access Act 2009. Its function in relation to— (a) consents under the Water Order (offences in relation to pollution of water resources) for any discharge of waste in liquid form other than waste waters; (b) authorisations under regulation 22 (19) of the Groundwater Regulations (Northern Ireland) 2009 (discharge of a hazardous substance or non-hazardous pollutant); (c) notices under regulation 25 of the Groundwater Regulations (Northern Ireland) 2009 (prevent or control the input of hazardous substance or non-hazardous pollutant); (d) its functions under regulation 22 and Schedule 4 to these Regulations; (e) its functions under this Schedule and paragraph 13 to these Regulations; and (f) its functions under The Hazardous Waste Regulations (NI) 2005.
A district council	The preparation or modification of a plan under Article 23 of the 1997 Order.
An enforcing authority (within the meaning of regulation 2(2) of the 2003 Regulations)	Its functions in relation to permits under the 2003 Regulations except in relation to the carrying out of an exempt activity.
The Planning Appeals Commission	Its functions in relation to appeals under the 1997 Order and the 2003 Regulations.

(2) In Table 13, references to functions do not include functions of making, revoking, amending, revising or re-enacting orders, regulations or schemes where those functions are required to be discharged by regulations.

Relevant objectives in relation to waste management

4.— (1) The following objectives are the relevant objectives in relation to waste management—

(a) to ensure that waste is managed without endangering human health, without harming the environment, and in particular—

(i) without risk to water, air, soil, plants or animals;

(ii) without causing a nuisance through noise or odours; and

(iii) without adversely affecting the countryside or places of special interest;

(b) to ensure that different types of waste are collected separately and are not mixed with other waste or other material with different properties where this is necessary to facilitate or improve recovery and where it is technically, environmentally and economically practicable, and

(c) to implement, so far as practicable, any plan made under the plan-making provisions.

(2) To apply the waste hierarchy in the following priority order Article 4 of the Directive in the manner set out in paragraph (3) is a relevant objective in relation to waste prevention, preparation for re-use and management—

(a) prevention;

(b) preparing for re-use;

(c) recycling;

(d) other recovery, including energy recovery;

(f) disposal.

(3) To apply the waste hierarchy in a way which delivers the best overall environmental outcome. The waste hierarchy may be departed from where this is justified by life-cycle thinking on the overall impact of the generation and management of such waste.

(4) The following are relevant objectives in relation to the recovery and disposal of waste—

(a) to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques;

(b) to ensure that the network referred to at paragraph (a) enables—

(i) the European Union as a whole to become self-sufficient in waste disposal, and in the recovery of mixed municipal waste collected from households, and the United Kingdom individually to move towards that aim, taking into account geographical circumstances or the need for specialised installations for certain types of waste; and

(ii) waste to be disposed of, and the mixed municipal waste collected from private households to be recovered, in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and human health.

(5) The following further objectives are relevant objectives in relation to functions under the plan-making provisions—

(a) to encourage firstly the prevention or reduction of waste production and its harmfulness, in particular by—

(i) the development of clean technologies more sparing in their use of natural resources;

(ii) the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and pollution hazards; and

(iii) the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery; and

(b) to encourage secondly—

(i) the recovery of waste by means of preparing for re-use, recycling, or reclamation or any other process with a view to extracting secondary raw materials; and

(ii) the use of waste as a source of energy.

Preparation of offshore waste management plan

5.— (1) Subject to sub-paragraph (2), it shall be the duty of the Department to prepare a statement (“the plan”) containing its policies in relation to the recovery or disposal of waste for the purposes of attaining the relevant objectives in those parts of United Kingdom waters and United Kingdom controlled waters for which the Department is the licensing authority.

(2) The plan shall relate in particular to—

(a) the type, quantity and origin of waste to be recovered or disposed of;

(b) general technical requirements;

(c) any special arrangements for particular wastes; and

(d) suitable disposal sites or installations.

(3) In exercising its offshore licensing functions the Department shall ensure—

(a) the waste hierarchy is applied to the generation of waste;

(b) waste generated by the disposal or recovery of waste is treated in accordance with Article 4 of the Directive;

(c) compliance with Article 13 of the Directive;

(d) compliance with the second paragraph of Article 23(1) of the Directive; and

(e) compliance with the following Articles of the Directive—

(i) Article 18 (2)(b) and (c);

(ii) Article 23(3) and (4); and

(iii) Article 35(1).

(4) The Department shall make copies of the plan available to the public on payment of reasonable charges.

(5) In this paragraph—

(a) “offshore licensing functions” means functions under Part 2 of the Food and Environment Protection Act 1985(5) and functions under Part 4 of the Marine and Coastal Access Act 2009(6); and

(b) “United Kingdom controlled waters” has the meaning given by section 24(1) of the Food and Environment Protection Act 1985.

Matters to be covered by permits

6.   When the Department or a district council grants or modifies a permit, and the activities authorised by the permit include the treatment of waste, it shall ensure that the permit covers—

(a) the types and quantities of waste to be treated;

(b) for each type of operation permitted, the technical and any other requirements relevant to the site concerned;

(c) the safety and precautionary measures to be taken;

(d) the treatment site;

(e) such monitoring and control operations as may be necessary;

(f) such closure and after-care provisions as may be necessary; and

(g) the treatment method to be used for each type of operation.

Modifications of provisions relating to development plans and regional development strategy

7.   The Department for Regional Development shall have regard to Articles 4, 13 and 16 of the Directive in formulating a regional development strategy under Article 3 of the Strategic Planning (Northern Ireland) Order 1999(7).

Modifications of the Industrial Pollution Control (Northern Ireland) Order 1997

8.— (1) Subject to Article 28(1) of the Industrial Pollution Control Order, that Order shall have effect in relation to prescribed processes involving the disposal or recovery of waste with such modifications as are needed to allow an enforcing authority to exercise its functions under that Order for the purpose of achieving the relevant objectives.

(2) Nothing in sub-paragraph (1) requires an enforcing authority in granting an authorisation in relation to such a process to take account of the relevant objectives insofar as they relate to the prevention of detriment to the amenities of the locality in which the process is (or is to be) carried on if planning permission, resulting from the taking of a specified action by an enforcing authority after 18^th December 2003, is or, before the process is carried on, will be in force.

Modifications of Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997

9.— (1) Part II of the 1997 Order shall have effect subject to the following modifications.

(2) In Articles 4(1) and 6 any reference to the deposit, treatment, keeping or disposal of controlled waste shall include a reference to any operation listed in Part II or III of this Schedule.

(3) Article 4(2) shall be amended as follows—

(a) for “Paragraph (1)” there shall be substituted “Paragraph (1)(a) or (b)”; and

(b) at the end there shall be inserted the words “except in the case of the treatment, keeping or disposal of household waste by an establishment or undertaking”.

(4) In Article 8(4), the reference to planning permission shall be taken to be a reference to planning permission resulting from the taking of a specified action by the Department.

(5) In Article 30(1), any reference to the treatment, keeping or disposal of such waste as is referred to in that paragraph shall include a reference to submitting such waste to any of the operations listed in Part II or III of this Schedule.

(6) In Article 30(2) any reference to the treatment, keeping or disposal of hazardous waste shall include a reference to submitting hazardous waste to any of the operations listed in Part II or III of this Schedule.

Modifications of Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978

10.   Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978(8) shall have effect as if any reference in that Part to waste included a reference to “waste” as defined in the Waste and Contaminated Land (NI) Order 1997(9).

References to “waste” in planning and water legislation

11.   In the Planning (Northern Ireland) Order 1991(10) and the Water Order, any reference to “waste” shall include a reference to Directive waste.

Registration by professional collectors and transporters of waste, and by dealers and brokers

12.— (1) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999(11); to collect or transport waste unless it is registered with the Department in accordance with the provisions of this paragraph.

(2) Subject to sub-paragraph (3), it shall be an offence for an establishment or undertaking falling within sub-paragraph (a), (b) or (c)(i)-(v) of regulation 22(4) to arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph.

(3) Sub-paragraphs (1) and (2) do not apply in cases where the establishment or undertaking is carrying on the activities therein mentioned pursuant to, and in accordance with the terms and conditions of, a permit.

(4) An establishment or undertaking that operates within Northern Ireland shall register with the Department whether or not it has its place of business in Northern Ireland.

(5) The Department shall establish and maintain a register of establishments and undertakings registering with it under the provisions of this paragraph.

(6) The register shall contain the following particulars in relation to each such establishment or undertaking—

(a) the name of the establishment or undertaking;

(b) the address of its principal place of business; and

(c) the address of any place at or from which it carries on its business.

(7) The Department shall enter the relevant particulars in the register in relation to an establishment or undertaking if it receives notice of them in writing from that establishment or undertaking.

(8) A person guilty of an offence under sub-paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding the statutory maximum.

(9) The Department shall—

(a) secure that any register maintained by it under this paragraph is open to inspection by members of the public free of charge at all reasonable hours; and

(b) shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.

(10) Registers under this paragraph may be kept in any form.

(11) In this paragraph, “collect” and “transport” have the same meaning as they have in Article 26 of the Directive.

Duty to carry out appropriate periodic inspections

13.— (1) Subject to sub-paragraphs (4) and (5), any establishment or undertaking

(a) which carries out the recovery or disposal of controlled waste; or

(b) which collects or transports controlled waste; or

(c) which arranges for the recovery or disposal of controlled waste on behalf of others (dealers or brokers), and

(d) producers of hazardous waste;

shall be subject to appropriate periodic inspections by the competent authorities.

(2) In the case of establishments or undertakings handling end of life vehicles (whether or not such vehicles have been depolluted) periodic inspections in accordance with sub-paragraph (1) shall meet the requirements laid down in Article 6(2) of the End of Life Vehicles Directive.

(3) Article 44(1) and (2) of the 1997 Order (power to obtain information) shall have effect as if the provisions of this paragraph were provisions of Part II of that Order and as if, in those Articles, references to the Department or a district council were references to a competent authority.

(4) Subject to sub-paragraph (4A) and (5), in the case of the exempt activities referred to in the first column of Table 14, the duty under sub-paragraph (1) shall be discharged by carrying out inspections set out in the second column of that table in respect of any place where the relevant exempted activity is carried on.

(4A) In respect of establishments and undertakings carrying out exempt activities set out in paragraphs 49, 50 and 51, periodic inspections in accordance with sub-paragraph (1) shall verify the type and quantities of waste to be treated, the general technical requirements to be complied with and the safety precautions to be taken.

Table 14

Relevant exempt activity(1)	Inspections required
(1) numbered by reference to the corresponding paragraph of Part I of Schedule 2
9, 10	An inspection shall be carried out at the time of treatment or, where that is not possible, not later than 4 weeks thereafter.
11, 13, 19, 45, 46	An initial inspection shall be carried out at the time when the exempt activity commences. Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.
47, 49, 50 and 51	An initial inspection shall be carried out within two months of the receipt by the Department of the notification under Regulation 18(7). Thereafter, periodic inspections shall be carried out at intervals not exceeding 12 months.

Record keeping

14.— (1) Subject to any requirements to keep records under regulation 19 and sub-paragraph (2), an establishment or undertaking which carries out the disposal or recovery of controlled waste shall—

(a) keep a chronological record of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method of any waste which is disposed of or recovered; and

(b) make that information available, on request, to the competent authorities or, in the case of hazardous waste, to a previous holder; and for this purpose “holder”, in respect of any such waste, means the producer or the person in possession of it.

(2) Where hazardous waste is recovered or disposed of by an establishment or undertaking, it shall keep a record of the carrying out and supervision of the relevant operation and, in the case of a disposal operation, of the after-care of the disposal site.

(3) Subject to sub-paragraph (4), sub-paragraph (1) does not apply where the disposal or recovery of the waste is covered by an exemption, conferred by—

(a) regulation 17(1) and Part I of Schedule 2;

(b) Article 3 of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995(12); or

(c) an exemption for a licence under Part 4 of the Marine and Coastal Access Act 2009(13).

(4) Sub-paragraph (1) does apply to an activity subject to an exemption conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 45, 46 or 47A of Part I of Schedule 2.

(5) Subject to sub-paragraph (6), it shall be an offence for an establishment or undertaking to fail to comply with any of the foregoing provisions of this paragraph insofar as that provision imposes any requirement or obligation upon it.

(6) Paragraph (2) of regulation 43 of the Hazardous Waste Regulations (Northern Ireland) 2005(14) (defence in cases of emergency, etc.) shall apply to a person charged with an offence under sub-paragraph (5) as it applies to a person charged with an offence under paragraph (1) of that regulation.

(7) A person who, in purported compliance with a requirement to furnish any information imposed by or under any of the provisions of this paragraph, makes a statement which that person knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.

(8) A person who intentionally makes a false entry in any record required to be kept by virtue of any of the provisions of this paragraph commits an offence.

(9) Regulation 43(6) of the Hazardous Waste Regulations (Northern Ireland) 2005 (Offence where act or default causes offence by another) shall apply to an offence under this paragraph as it applies to an offence under that regulation

(10) Subject to sub-paragraph (11), a person guilty of an offence under this paragraph shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction or indictment to a fine or to imprisonment for a term not exceeding two years or both.

(11) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale if that offence is related to exempt activities conferred by regulation 17(1) and paragraphs 9, 10, 11, 13, 19, 46, or 47A of Part I of Schedule 2.

PART II N.I. WASTE DISPOSAL OPERATIONS

N.B. This Part of this Schedule is intended to list disposal operations such as they occur in practice. In accordance with Article 13 of the Directive waste must be disposed of without endangering human health and without harming the environment.

*Operation Code	Description
D1	Deposit into or onto land (e.g. landfill etc.).
D2	Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.).
D3	Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.).
D4	Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.).
D5	Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.).
D6	Release into a water body except seas/oceans.
D7	Release to seas/oceans including sea-bed insertion.
D8	Biological treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12.
D9	Physico-chemical treatment not specified elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 (e.g. evaporation, drying, calcination, etc.).
D10	Incineration on land.
D11	Incineration at sea.* *This operation is prohibited by EU legislation and international conventions.
D12	Permanent storage (e.g. emplacement of containers in a mine, etc.).
D13	Blending or mixing prior to submission to any of the operations numbered D1 to D12 * *If there is no other D code appropriate, this can include preliminary operations prior to disposal, including pre-processing such as sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12.
D14	Repackaging prior to submission to any of the operations numbered D1 to D13.
D15	Storage pending any of the operations numbered D1 to D14, (excluding temporary storage, pending collection, on the site where the waste is produced.* * Temporary storage means preliminary storage according to point (10) of Article 3

PART III N.I. WASTE RECOVERY OPERATIONS

NB. This part of this Schedule is intended to list recovery operations as they occur in practice. In accordance with Articles 4 and 13 of the Directive waste must be recovered without endangering human health and without harming the environment.

*Operation Code	Description
R1	Use principally as a fuel or other means to generate energy.* *This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or greater than (i) 0.60 for installations in operation and permitted in accordance with applicable [F1 EU] legislation before 1st January 2009; or (ii) 0.65 for other installations. Energy efficiency is calculated according to the formula contained in Annex II of the Waste Framework Directive.
R2	Solvent reclamation/regeneration.
R3	Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes).* * This includes gasification and pyrolisis using the components as chemicals.
R4	Recycling/reclamation of metals and metal compounds.
R5	Recycling/reclamation of other inorganic materials.* * This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials.
R6	Regeneration of acids or bases.
R7	Recovery of components used for pollution abatement.
R8	Recovery of components from catalysts.
R9	Oil re-refining or other reuses of oil.
R10	Land treatment resulting in benefit to agriculture or ecological improvement.
R11	Use of waste obtained from any of the operations numbered R1 to R10.
R12	Exchange of wastes for submission to any of the operations numbered R1 to R11* If there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11.
R13	Storage of waste pending any of the operations numbered R1 to R12 (excluding temporary storage, pending collection, on the site where the waste is produced.* *Temporary storage means preliminary storage according to point (10) of Article 3.

PART IV N.I. Duties of planning authorities

Interpretation of this Part

1.   In this Part—

“the 1991 Order” means the Planning (Northern Ireland) Order 1991(15);

“the 2006 Order” means the Planning (Inquiry Procedures) Rules (Northern Ireland) Order 2006(16);

“planning permission” has the meaning given in Article 2 of the 1991 Order(17).

Meaning of planning authority

2.   In this Part, “planning authority” means—

(a) the Department;

(b) the Department for Regional Development, in relation to the Strategic Planning (Northern Ireland) Order 1999(18);

(c) the Planning Appeals Commission, in respect of its functions under the 1991 Order and the 2006 Order.

Meaning of planning functions

3.— (1) In this Part, “planning functions” means any of the following functions other than a function which must be discharged by statutory instrument—

(a) determining—

(i) an application for planning permission under Article 25 of the 1991 Order; or

(ii) an appeal made under Article 32 of the 1991 Order in relation to the determination of such an application(19);

(iii) an appeal made under Article 33 of the 1991 Order in relation to an appeal in default of planning decision;

(b) deciding whether to take action under Article 71(1)(a) or (b) or Article 95 of the 1991 Order;

(c) deciding whether—

(i) in making or confirming a discontinuance order, to include in the order any grant of planning permission; or

(ii) to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission;

(d) discharging functions under Part 3 of the 1991 Order, or the Strategic Planning (Northern Ireland) Order 1999;

(2) In paragraph (1)(c), “discontinuance order” means an order under section 39 of the 1991 Order.

Exercise of planning functions

4.   The planning authority shall have regard to the following provisions of the Waste Framework Directive when exercising its planning functions to the extent that those functions relate to waste management—

(a) Article 13;

(b) the first paragraph of Article 16(1) ignoring the words “in cooperation with other Member States where this is necessary or advisable” and “taking into account best available techniques”;

(c) Article 16(2) and (3).

Further duties in relation to planning permission

5.— (1) The Department or the Planning Appeals Commission shall not grant planning permission for a landfill unless it has taken into consideration the requirements of paragraph 1.1 of Annex 1 to Council Directive 1999/31/EC on the landfill of waste (20).

(2) The Department shall not grant planning permission for a mining waste facility to which Article 7 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(21) applies unless it is satisfied that—

(a) the operator of that facility shall meet the requirements of Article 11(2)(a) of that Directive; and

(b) the management of waste at that facility shall not conflict directly or otherwise interfere with the implementation of the plan referred to in Article 7(3)(b) of that Directive.

(3) In this regulation—

“landfill” has the meaning given in Article 2(g) of Directive 1999/31/EC, but does not include any operation excluded from the scope of that Directive by Article 3(2);

“mining waste facility” means a “waste facility” as defined in Article 3(15) of Directive 2006/21/EC, but does not include those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4).”.

Textual Amendments

F1 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Commencement Information

I1 Reg. 40 in operation at 8.4.2011, see reg. 1(1)

(1)

OJ L 24/11, 29.1.2008

(2)

S.R 1991 No.119 relevant amendments are S.R. 2004 No.438 and S.R. 2006 No. 382

(3)

S.I. 1991/1220 (N.I. 11)

(4)

S.I. 1999/660 (N.I.4)

(5)

1985 c.48

(6)

2009 c.23

(7)

S.I. 1999/660 (N.I.4)

(8)

S.I. 1978/1049 (N.I. 19)

(9)

S.I. 1997/2778 (N.I. 19)

(10)

S.I. 1991/1220 (N.I. 11)

(11)

S.R. 1999 No. 362

(12)

S.I. 1995/234 (N.I.12)

(13)

2009 c. 23

(14)

S.R. 2005 No. 300

(15)

S.I.1991/1220 (N.I. 11) as amended by S.I. 2006/1252 (N.I. 7)

(16)

S.R. 2006 No.213

(17)

the definition of “planning permission” in Article 2 of the 1991 Order was amended by the Planning (Amendment) (Northern Ireland) Order 2003

(18)

S.I. 1999/660 (N.I. 4)

(19)

Article 32 was amended by the Planning Reform (Northern Ireland) Order 2006 (S.I.2006/1252 (N.I. 7) Article 11 and Schedule 5)

(20)

OJ No L 182, 16.7.1999, pl, as last amended by Directive 2008/98/EC (OJ No L 312 22,11,2008, p3)

(21)

OJ No L 102,11.4.2006, p15, as amended by Regulation (EC)No596/2009(OJ No L188,18.7.2009, p14)