The Waste Regulations (Northern Ireland) 2011

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The Waste Regulations (Northern Ireland) 2011

Statutory Rules of Northern Ireland

Environmental Protection

Made

16 th March 2011

Coming into operation

8 th April 2011

The Department of the Environment having been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and in relation to the environment.

The Department of the Environment acting in exercise of the powers conferred upon it by that section and by Articles 3(3)(a) , 4(3) , 5(7) , 38(3)(a) , 39(1) , 39(3) , 40(3) , 48 and 77 of the Waste and Contaminated Land (Northern Ireland) Order 1997(3), hereby makes the following Regulations.

PART 1

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Waste Regulations (Northern Ireland) 2011 and except as provided in paragraphs (2) , (3) and (4) shall come into operation on 8 th April 2011.

(2) Regulation 17 shall come into operation on 8 th October 2011.

(3) Regulation 18 shall come into operation on 1 st January 2015.

(4) Regulation 28 shall come into operation on 1 st January 2014.

(5) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2 Amendment of primary legislation

Amendment of the Environment (Northern Ireland) Order 2002

2.—(1) The Environment (Northern Ireland) Order 2002 shall be amended as follows.

(2) For paragraph 20(2)(b) of Part I of Schedule 1 substitute—

“(b) Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

3.—(1) The Waste and Contaminated Land (Northern Ireland) Order 1997 shall be amended in accordance with regulations 3(2) to 8.

(2) In Article 2 (general interpretation)—

(a) in paragraph (2) insert the following definitions in the appropriate alphabetical order—

““broker” means any person arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

“dealer” means any person who acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;

“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;”

(b) in paragraph (2) substitute the following definition—

“waste” means any substance or object which the holder discards or intends or is required to discard; and for the purposes of this definition—

“holder” means the producer of the waste or the person who is in possession of it: and

“producer” means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;

in paragraph (2) omit the following definition—

“the Waste Directive” means Directive 2006/12/EC of the European Parliament and of the Council dated 5 April 2006 , on waste;

omit paragraph (6).

4.—(1) In Article 5 (duty of care, etc., as respects waste)—

(a) in paragraph (1) after “produces,” insert “collects,” and after “broker” insert or dealer”;

(b) paragraph (1)(c)(i) delete “and”;

(d) after paragraph (1)(c)(ii) insert—

“(iii) that any waste oils are separately collected where technically feasible.”

(2) Omit paragraph (14).

5.—(1) In Article 19 (waste management strategy)—

(a) for paragraph (2) substitute—

“(2) The Department—

(a) shall review the waste management strategy at least every sixth year;

(b) may from time to time modify the waste management strategy;

but this paragraph shall not apply to so much of a waste management strategy as relates to the matters mentioned in paragraphs 7(b) , (c) , (d) and 8 of Part 2 of Schedule 3.”;

(b) for paragraph (4) substitute—

“(4) The waste management strategy:-

(a) shall include a statement of the Department’s policies for attaining the objectives set out in Part 1 Schedule 3;

(b) shall include the matters set out in Part 2 of that Schedule; and

“(4 A) Steps taken before the coming into operation of this paragraph in relation to the waste management strategy may be steps for the purposes of Articles 19 , 19 A, 19 B and 19 C.”;

(d) after paragraph (7) insert—

“(8) The Department shall ensure that the waste management strategy conforms to the strategy for the reduction of biodegradable waste going to landfill required by section 20(1) of the Waste and Emissions Trading Act 200...

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