PART 1 N.I.INTRODUCTORY PROVISIONS
Citation and commencementN.I.
1. These Regulations may be cited as the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 and shall come into operation on 1st April 2015.
InterpretationN.I.
2.—(1) The Interpretation Act (Northern Ireland) 1954 M1 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
(2) In these Regulations—
“the 2011 Act” means the Planning Act (Northern Ireland) 2011 M2;
[F1“best available techniques” has the same meaning as in Article 3(12) of Council Directive 2010/75/EU of 24 November 2010 as it had effect immediately before exit day];
“Category A waste facility” means a facility so classified in Schedule 3;
“competent person” means a person with sufficient training, experience, knowledge and other qualities to enable that person to undertake the duties assigned to them relative to these Regulations;
“council” means district council;
“dam” means an engineered structure designed to retain or confine either water or waste or both within a pond;
“dangerous substance” means a substance, mixture or preparation which is dangerous within the meaning of Regulation (EC) 1272/2008 M3;
[F2″the Department″ means the Department for Infrastructure;]
“the Directive” means Council Directive 2006/21/EC M4 of 15th March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC M5 [F3as it had effect immediately before exit day];
F4...
“Directive 2006/118/EC” means Council Directive 2006/118/EC M6 of 22ndDecember 2013 on the protection of groundwater against pollution and deterioration [F5as it had effect immediately before exit day];
“Directive 2008/98/EC” means Council Directive 2008/98/EC M7 of 19th November 2008 on hazardous waste [F6as it had effect immediately before exit day];
“Directive 2012/18/EU” means Council Directive 2012/18/EU M8 of 4th July 2012 on the control of major accident hazards involving dangerous substances [F7as it had effect immediately before exit day];
F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 2(2) substituted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 2(2) substituted (27.3.2019) by The Planning (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/24), regs. 1, 6
F3Words in reg. 2(2) inserted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 2(2) omitted (31.12.2020) by virtue of The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 2(2) inserted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 2(2) inserted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 2(2) inserted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in reg. 2(2) omitted (31.12.2020) by virtue of The Planning (Environmental Assessments and Technical Miscellaneous Amendments) (EU Exit) Regulations (Northern Ireland) 2020 (SR2020/300), reg. 3, reg. 1(2)
Marginal Citations
M3O.J. No. L353, 31.12.2008, p.1-1355
M4O.J. No. L102, 11.4.2006, p.15-34
M5O.J. No. L143, 30.4.2004, p.56-75
M6O.J. No. L372, 27.12.2006, p.19-31
M7O.J. No. L312, 22.11.2008, p.3-30
M8O.J. No. L197, 24.7.2012, p.1-37
M9O.J. No. L196, 16.8.1967, p.1-98
M10O.J. No. L200, 30.7.1999, p.1-68
M11O.J. No. L327, 22.12.2000, p.1-73
M12S.R. 2015 No.74
M13S.R. 2015 No.71
Applications for planning permissionN.I.
3.—(1) These Regulations apply to applications for planning permission for relevant development.
(2) Where an application is one to which section 26 of the 2011 Act (Department's jurisdiction in relation to developments of regional significance) applies or which has been referred to the Department under section 29 of the 2011 Act (Call in of applications, etc., to Department) these Regulations shall be construed as if references to the council were references to the Department.