The Waste and Contaminated Land (Northern Ireland) Order 1997

Extract

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The Waste and Contaminated Land (Northern Ireland) Order 1997

Statutory Instruments

NORTHERN IRELAND

Made

26 th November 1997

Coming into operation on days to be appointed under Article 1(2)

At the Court at Buckingham Palace, the 26 th day of November 1997

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the [1974 c. 28] Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

PART IINTRODUCTORY

Title and commencement

1.—(1) This Order may be cited as the Waste and Contaminated Land (Northern Ireland) Order 1997.

(2) This Order shall come into operation on such day or days as the Head of the Department may by order appoint.

General interpretation

2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, inspection chamber and manhole and such other works as are prescribed;

“commercial waste” means, subject to paragraph (3) , waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—

household waste;

industrial waste;

waste from any mine or quarry and waste from premises used for agriculture within the meaning of the [1949 c. 2 (N.I.).] Agriculture Act (Northern Ireland) 1949; and

waste of any other description prescribed for the purposes of this sub-paragraph;

“controlled waste”, subject to Article 31(1) , means household, industrial and commercial waste or any such waste;

“the Department” means the Department of the Environment;

“disposal”, in relation to waste, includes its disposal by way of deposit in or on land;

“the environment” consists of all, or any, of the following media, namely, land, water and the air;

“harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence to any of his senses or harm to his property; and “harmless” has a corresponding meaning;

“household waste” means, subject to paragraph (3) , waste from—

domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;

a caravan (as defined in section 25(1) of the [1963 c. 17 (N.I.).] Caravans Act (Northern Ireland) 1963) which usually and for the time being is situated on a caravan site (within the meaning of that Act);

a residential home;

premises forming part of a university or school or other educational establishment;

premises forming part of a hospital or nursing home;

“industrial waste” means, subject to paragraph (3) , waste from any of the following premises—

any factory (within the meaning of the [1965 c. 20 (N.I.).] Factories Act (Northern Ireland) 1965);

any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;

any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; or

any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunication services;

“licence” means a waste management licence;

“mobile plant” means, subject to paragraph (4) , plant which is designed to move or be moved on roads or otherwise;

“mobile plant licence” means a licence authorising the treatment or disposal of waste by means of mobile plant;

“modifications” includes additions, omissions, amendments and substitutions;

“notice” means notice in writing;

“owner” means the person (other than a mortgagee not in possession) for the time being receiving the rackrent of the land in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the land were let at a rackrent; and for the purposes of this definition—

“mortgage” includes any charge on property for securing money or money’s worth; and

“mortgagee” includes any person from time to time deriving title under the original mortgagee;

“pollution of the environment” means pollution of the environment due to the release or escape (into any environmental medium) from—

the land on which controlled waste is treated;

the land on which controlled waste is kept;

the land in or on which controlled waste is deposited;

fixed plant by means of which controlled waste is treated, kept or disposed of,

of substances or articles constituting or resulting from the waste and capable (by ...

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