The Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular the deficiencies referred to in paragraphs (a), (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 corrects an omission to earlier amendments made to Schedule 3 to the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778(N.I.19))(“the 1997 Order”) by the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584) (see regulation 5) . The 1997 Order sets out provisions relating to waste on land, the collection and disposal of waste, land contamination by pollution, the controlled use, supply or storage of prescribed substances and articles and the obtaining of information on potentially hazardous substances. The relevant provision in the context of this instrument is paragraph 4 of Schedule 3 which transposes Article 16 of Directive 2008/98/EC of the European Parliament and of the Council on waste (“the Waste Framework Directive”) in respect of the objectives of waste strategies.

Regulation 3 corrects errors in the Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/271) which made amendments to a number of pieces of legislation in the area of waste management. The relevant amendment for the purpose of this instrument is in respect of the insertion of new regulation 9D into the Waste Regulations (Northern Ireland) 2011.

Regulation 4 corrects errors in the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289) which made amendments to a number of pieces of legislation covering waste management, air quality and modifications of EU Directives for the purposes of interpretation post EU Exit. The relevant amendment for the purpose of this instrument is in Schedule 3 paragraph 11(10) relating to modifications of Article 16 of the Waste Framework Directive.

Regulation 5 corrects an error in the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/584) which made amendments to a number of pieces of legislation covering waste, industrial pollution, genetically modified organisms, noise and environmental liability. The relevant amendment for the purpose of this instrument is regulation 14(a) which amends Schedule 3 to the 1997 Order.

An impact assessment has not been produced for this instrument as no, or no significant impact on the public, private or voluntary sector is foreseen.