The Controlled Waste (Seizure of Property) Regulations (Northern Ireland) 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

Articles 9 and 15 of the Waste (Amendment) (Northern Ireland) Order 2007(1) (“the 2007 Order”) provide for the seizure and disposal of property suspected of being used, or about to be used, in illegal waste activity.

The Regulations prescribe the procedures to be followed by the Department of the Environment in seizing property under the powers provided by the 2007 Order.

Regulations 18 to 24 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 are revoked by these Regulations.

Regulation 2 sets out the circumstances in which property seized by the Department may be disposed of immediately.

Regulation 3 specifies how seized property may be moved from the place of seizure and sets out the Department’s duties in relation to the safe custody of the seized property.

Regulation 4 sets out what steps the Department must take in attempting to identify the owner of the seized property.

Regulation 5 specifies what must be included in a notification of seizure to be sent to the owner of the seized property and prescribes that the Department must publish this notice if it has been unable to trace the owner of the property.

Regulation 6 sets out the circumstances in which the Department will be able to retain seized property and what will happen to unclaimed seized property.

Regulation 7 provides for the collection of seized property.

Regulation 8 provides for the application of the proceeds of any sale of the seized property.

(1)

S.I. 2007 No. 611 (N.I.3) relevant amendment Article 2 of 2011 c 5