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Statutory Rules of Northern Ireland
Aquatic Animal Health
Environmental Protection
Fisheries
Sea Fisheries
Water And Sewerage
Made
30th November 2018
Coming into operation
24th December 2018
The Department of Agriculture, Environment and Rural Affairs (1) makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(2).
The Department of Agriculture, Environment and Rural Affairs is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—
(a)measures relating to the prevention, reduction and elimination of pollution caused by waste(3);
(b)measures relating to the management of packaging and packaging waste(4);
(c)measures relating to the common agricultural policy of the European Union(5); and,
(d)the environment(6).
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.
Formerly the Department of Agriculture and Rural Development (DARD see Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1)). DARD was renamed the Department of Agriculture, Environment and Rural Affairs (DAERA) by Article 1(2) of the Departments Act (Northern Ireland) 2016 (2016 c.5 (N.I)). The Department of the Environment was dissolved by section 1(9) of the Departments Act (Northern Ireland) 2016 and, by virtue of Article 8(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016, its functions for the purpose of these Regulations were transferred to the Department of Agriculture, Environment and Rural Affairs.
1972 c.68 section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (2006 c.51) (the 2006 Act), section 27(1)(a) and the European Union (Amendment) Act 2008 (2008 c.7) (the 2008 Act), the Schedule Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28, and was amended by the 2008 Act, the Schedule Part 1. Section 2(2) and paragraph 1A of Schedule 2 are prospectively repealed by the European Union (Withdrawal) Act 2018 (2018 c.16), section 1 from exit day (see section 20 of that Act).
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