The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Directive 2006/21/EC (O.J. No.L102, 11.4.2006, P.15-34) (“the Mining Waste Directive”) of the European Parliament and of the Council of 15th March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (O.J. No.L143, 30.4.2004, p.56-75) (“the Waste Framework Directive”). The Regulations replace the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 (“the 2010 Regulations”) to take account of the role of district councils as local planning authorities and also for revisions to the EC Directives since the 2010 Regulations came into operation.

Regulation 2 provides definitions, most of which are derived from the Directive. Two types of areas are defined for the application of the Directive, an “extractive waste site” and a “waste facility”. For the latter, a definition of a “Category A waste facility” is also provided in the Regulations, this type of waste facility being subject to the additional controls in Part 5.

Regulation 3 provides that the requirements of these Regulations apply to applications for planning permission (not outline planning permission) to a council which relates in whole or in part to an extractive waste area, waste facility or an area which will be developed to contain extractive waste. Any such application should be accompanied by a waste management plan. It also applies the Regulations to any application which may be determined by the Department with any such modifications as may be necessary.

Regulation 4 provides that planning permission for the management of extractive waste cannot be granted unless a waste management plan is approved by the council under these Regulations and provides that such permissions which involve waste facilities will be subject to conditions as set out in these Regulations. It also makes provision for the deemed grant of planning permission for the management of extractive waste for existing sites and similarly subjects such permissions in respect of waste facilities to the conditions set out in these Regulations.

Regulation 5 details exemptions from the controls of Regulation 4 and reduces what the Regulations would otherwise require in relation to particular types of waste considered to be of low risk to the environment or human health.

Regulation 6 (and Schedules 1, 2 and 3) set out what a waste management plan must include. This plan is central to the system the Directive requires and includes the classification into which the site or facility falls. Schedule 1 gives the objectives of the plan, Schedule 2 provides for how waste is to be characterised and Schedule 3 provides the criteria for the classification of a Category A waste facility.

Regulation 7 details the obligations placed on the council for consultation, consideration and subsequent decision to approve, or otherwise, the waste management plan submitted to it pursuant to regulation 6.

Regulation 8 provides the condition for a financial guarantee and its purpose.

Regulation 9 details the conditions for the construction and management of waste facilities.

Regulation 10 details the conditions associated with the prevention of water status deterioration, air and soil pollution.

Regulation 11 details the conditions associated with the authorisation for the commencement of and final closure procedures for waste facilities.

Regulation 12 details the conditions for after–closure and the ongoing obligations of the operator.

Regulation 13 details the additional conditions which apply to Category A waste facilities. These conditions seek to minimise the risk of accidents that arise from operation of this particular type of waste facility and to guarantee a high level of protection for the environment and human health. Such a facility requires having a major accident prevention policy drawn up, a safety management system to implement that policy put in place and an internal emergency plan specifying the measures to be taken on-site in the event of an emergency.

Regulations 14 to 18 detail the duties of the council in relation to inspections, the financial guarantee, the validation of a monitoring report submitted by an operator and closure procedures, along with further information and evidence to be made available to the public.

Regulation 19 details the requirement for the council to draw up an external emergency plan for a Category A waste facility specifying the measures to be taken off-site in the event of an accident, and to make this available to, and consult with, the public concerned.

Regulation 20 details the measures to be undertaken by the council and the Department to ensure co-operation with other Member States, including time for consultation with nationals of those Member States.

Regulation 21 details the obligation on the council to prepare and maintain an inventory of closed waste facilities.

Regulation 22 details the requirement on the council to review any conditions imposed pursuant to these Regulations on a planning permission for relevant development.

Regulation 23 explicitly exempts waste falling within the scope of the requirements from the scope of the Landfill Regulations (Northern Ireland) 2003 (as amended), which implement the requirements of Council Directive 99/31/EC (O.J. No. L182, 16.7.1999, p. 1-19) transposing the Landfill Directive. Landfill Regulations will continue to apply to waste other than extractive waste.

Regulation 24 saves a number of aspects of the 2010 Regulations and transitional provisions provides that a council can apply the requirements of these Regulations to any permission for relevant development previously granted by the Department, as well as revoking the 2010 regulations.

A regulatory impact assessment has been prepared in relation to these Regulations. A copy may be obtained from the Department of the Environment, Causeway Exchange, 1-7 Bedford Street, Town Parks, Belfast, BT2 7EG. Telephone number (028 90 823532) or accessed at www.planningni.gov.uk.

The Explanatory Memorandum is available alongside the regulations on the government's website www.legislation.gov.uk