PART 3Waste and resource efficiency

Waste enforcement and regulation

I167Enforcement powers: Northern Ireland

1

Article 27 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (power to give directions) is amended as follows.

2

In paragraph (2) omit the words from “with a view” to the end.

3

After paragraph (2) insert—

2A

The Department may by notice—

a

direct a registered carrier to collect controlled waste which is being kept in or on specified land and deliver it to a specified person on specified terms;

b

direct any person who—

i

is keeping controlled waste in or on any land, or

ii

owns or occupies land in or on which controlled waste is being kept,

to facilitate collection of the waste by a specified registered carrier to whom a direction in respect of the waste is given under sub-paragraph (a).

4

In paragraph (3) for “paragraph (1) or (2)” substitute “this Article”.

5

In paragraph (4), for “of treating or disposing of” substitute “in relation to”.

6

After paragraph (4) insert—

4A

A direction under paragraph (2A)(b) may require the person to whom it is given—

a

to pay to the specified registered carrier the reasonable costs of collecting and delivering the waste;

b

to pay to the specified person to whom the waste is delivered (“P”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this Article to pay to another person).

7

In paragraph (5) for “paragraph (1) or (2)” substitute “this Article”.

8

In paragraph (6) for “paragraph (1) or (2)” substitute “this Article”.

9

In paragraph (7) for the words from “, where” to the end substitute “pay any costs mentioned in paragraph (4) or (4A).”

10

For paragraph (8) substitute—

8

In this Article—

  • “specified” means specified in a direction under this Article;

  • “registered carrier” means a person registered under Article 39 as a carrier of controlled waste.