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

Consolidated Text As Enacted Cited authorities 79 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
  • These Regulations may be cited as the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on
  • These Regulations extend to Northern Ireland only.
    • (1) Schedule 1 amends the Waste Provisions.the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 the Waste Management Licensing Regulations (Northern Ireland) 2003 the Landfill Regulations (Northern Ireland) 2003 the Landfill Allowances Scheme (Northern Ireland) Regulations 2004 the Hazardous Waste Regulations (Northern Ireland) 2005 the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 (1) Schedule 2 amends the Air and Environmental Quality Provisions.the Air Quality Standards Regulations (Northern Ireland) 2010 the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013
  • the Pollution Control and Local Government (Northern Ireland) Order 1978
  • the Waste and Contaminated Land (Northern Ireland) Order 1997;
  • the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999;
  • the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000
  • the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002;
  • the Environment (Northern Ireland) Order 2002;
  • the Waste Management Licensing Regulations (Northern Ireland) 2003;
  • the Landfill Regulations (Northern Ireland) 2003;
  • the Landfill Allowances Scheme (Northern Ireland) Regulations 2004;
  • the Renewables Obligation Order (Northern Ireland) 2009;
  • the Waste Batteries and Accumulators (Treatment and Disposal) Regulations (Northern Ireland) 2009;
  • the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009;
  • the Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011;
  • the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.
    • In the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999, in regulation 2(2) (Exemption from registration) in the definition of “animal-by-products” for “Article 2” substitute “ Article 3 ”.The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 are amended as follows.after paragraph (2) insert—
    • (2A) For the purposes of these Regulations, Directive 2008/98/EC is to be read as if—
    • (a) Article 5(2) were omitted;
    • (b) in Article 6—(i) paragraphs 1 to 3 were omitted; and(ii) in paragraph 4—(aa) in the first sentence, for the words from “Where criteria” to “paragraph 1 and 2” there were substituted “ Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies ”;(bb) the second sentence were omitted.
    Article 5(2) were omitted;paragraphs 1 to 3 were omitted; andin the first sentence, for the words from “Where criteria” to “paragraph 1 and 2” there were substituted “ Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies ”;the second sentence were omitted.The Waste Management Licensing Regulations (Northern Ireland) 2003 are amended as follows.omit the definition of “Directive Waste”;for the definition of “electrical or electronic equipment” or “EEE” substitute—
      “electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment which is for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current;
    ;    for the definition of “end-of-life vehicle” substitute—
      “end-of-life vehicle” means any vehicle which is waste;
    ;    omit paragraph (a) ; andin paragraph (b) for “any other type of waste” substitute “ any type of waste ”;after the definition of “recovery” insert—
      “Relevant Waste” has the meaning given in Schedule 1A;
    ;    in the definition of “waste” in paragraph (a) for “Directive” substitute “ Relevant ”;in the definition of “waste battery or accumulator” for “is waste within the meaning of the Directive” substitute “ which the holder discards or intends or is required to discard; ”; andin the definition of “waste electrical and electronic equipment or WEEE” for “is waste within the meaning of Article 3(1) of the Directive” substitute “ the holder discards or intends or is required to discard ”.After regulation 1(5) (Citation, commencement and interpretation) insert—
    • (6) In a Directive mentioned in paragraph (7) any references to a duty or function of a Member State shall be read as a reference to a duty or function of the Department.
    • (7) These are—
    • (a) the End-of-Life Vehicles Directive;
    • (b) the Batteries Directive;
    • (c) Directive 2008/98/EC of the European Parliament and of the Council on waste; and
    • (d) the WEEE Directive.
    In a Directive mentioned in paragraph (7) any references to a duty or function of a Member State shall be read as a reference to a duty or function of the Department.the End-of-Life Vehicles Directive;the Batteries Directive;Directive 2008/98/EC of the European Parliament and of the Council on waste; andthe WEEE Directive.Expressions used in both these Regulations and in a Directive mentioned in these Regulations and not otherwise defined in these Regulations have the same meaning as in

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