Environment (Northern Ireland) Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/3153 |
2002 No. 3153 (N.I. 7)
NORTHERN IRELAND
The Environment (Northern Ireland) Order 2002
17thDecember 2002
Arrangement of Order
PART I
introductory
1. |
Title and commencement |
2. |
Interpretation |
PART II
POLLUTION PREVENTION AND CONTROL
Regulation of polluting activities
3. |
Purpose of Article 4 |
4. |
Regulation of polluting activities |
Waste management: site licences
5. |
New transitional provisions for disposal licences treated as site licences |
6. |
Disposal licences which expire before commencement of waste management licensing |
Financial assistance by Department
7. |
Financial assistance by Department |
Supplementary
8. |
Interpretation of this Part |
PART III
AIR QUALITY
Air quality
9. |
Implementation of Directive |
10. |
Air quality strategy |
11. |
District council reviews |
12. |
Designation of air quality management areas |
13. |
Further provisions in relation to designated areas |
14. |
Reserve powers |
15. |
Regulations |
16. |
Recommendations and guidance |
17. |
Supplemental provisions |
General
18. |
Financial assistance |
19. |
Powers of enforcing authorities and persons authorised by them |
20. |
Offences |
21. |
Disclosure of information |
22. |
Power to give effect to Community and other international obligations, etc. |
23. |
Offences by bodies corporate |
24. |
Offences under this Part due to fault of others |
25. |
Application to Crown |
26. |
Regulations and directions |
27. |
Interpretation of this Part |
PART IV
AREAS OF SPECIAL SCIENTIFIC INTEREST
Areas of special scientific interest
28. |
Declaration of ASSI |
29. |
Variation of declaration |
30. |
Declaration of additional land |
31. |
Denotification |
Duties of owners and occupiers of land included in ASSI
32. |
Duties of owners and occupiers of land included in ASSI |
33. |
Appeals in connection with consents |
34. |
Management agreements |
35. |
Management notices |
36. |
Appeals against management notices |
37. |
Payments by Department |
Duties of public bodies in relation to land included in ASSI
38. |
Public bodies: general duty |
39. |
Public bodies: duties in relation to operations |
40. |
Public bodies: duties in relation to authorising operations |
Powers of Department
41. |
Powers to acquire land |
42. |
Powers to carry out works, etc. |
43. |
Power to enter into agreements concerning land adjacent to an ASSI |
44. |
Powers of entry |
45. |
Power to make byelaws for ASSI |
Offences
46. |
Offences |
47. |
Restoration following offences under Article 46 |
Supplementary
48. |
Matters affecting agriculture, forestry and inland fisheries |
49. |
Application of this Part to the Crown |
50. |
Statutory charges |
51. |
Transitional provisions relating to this Part |
52. |
Interpretation of this Part |
PART V
SUPPLEMENTARY
53. |
Amendments and repeals |
SCHEDULES:
Schedule 1 |
Particular purposes for which provision may be made under Article 4 |
Part I |
List of purposes |
Part II |
Supplementary provisions |
Schedule 2 |
Air quality: Supplemental provisions |
Schedule 3 |
Supplemental provisions with respect to powers of entry |
Schedule 4 |
Transitional provisions |
Schedule 5 |
Amendments |
Part I |
Pollution prevention and control |
Part II |
Air quality |
Part III |
Areas of special scientific interest |
Schedule 6 |
Repeals |
Part I |
Pollution prevention and control |
Part II |
Areas of special scientific interest |
At the Court at Buckingham Palace, the 17th day of December 2002
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) 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 I
INTRODUCTORY
Title and commencement
1. - (1) This Order may be cited as the Environment (Northern Ireland) Order 2002.
(2) Except as provided by paragraph (3), this Order comes into operation on the expiration of one month from the date on which it is made.
(3) The following provisions come into operation on such day or days as the Department may by order appoint -
Part IV (together with Schedule 4);
Article 53(2);
Part III of Schedule 5 (together with so much of Article 53(1) as relates thereto);
Schedule 6.
(4) An order under paragraph (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying statutory provisions) as the Department considers necessary or expedient.
Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
"the Department" means the Department of the Environment;
"modifications" includes additions, alterations and omissions
"statutory provision" has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c.33).
PART II
POLLUTION PREVENTION AND CONTROL
Regulation of polluting activities
Purpose of Article 4
3. The purpose of Article 4 is to enable provision to be made for or in connection with -
(a) implementing Council Directive 96/61/EC concerning integrated pollution prevention and control;
(b) regulating, otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;
(c) otherwise preventing or controlling emissions capable of causing any such pollution.
Regulation of polluting activities
4. - (1) The Department may by regulations make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.
(2) In accordance with Article 3, the provision which may be made by regulations under this Article is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that Article.
(3) Regulations under this Article may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking statutory provisions) as the Department considers appropriate.
(4) Before making any regulations under this Article, the Department shall consult -
(a) district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it may consider appropriate;
(b) such bodies or persons appearing to it to be representative of the interests of industry, agriculture and business as it may consider appropriate; and
(c) such other bodies or persons as it may consider appropriate.
(5) Consultation undertaken before the coming into operation of this Article shall constitute as effective compliance with paragraph (4) as if undertaken thereafter.
(6) Regulations under this Article, if made without a draft having been laid before and approved by a resolution of, the Assembly, shall be subject to negative resolution.
(7) No regulations to which this paragraph applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly
(8) Paragraph (7) applies to -
(a) the first regulations to be made under this Article;
(b) regulations under this Article containing any provision which creates an offence or increases a penalty for an existing offence;
(c) regulations under this Article containing any provision which amends or repeals any Northern Ireland legislation.
Waste management: site licences
New transitional provisions for disposal licences treated as site licences
5. - (1) Article 47 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (NI 19) (transitional provisions in connection with the commencement of Part II of that Order) shall be amended as follows.
(2) In paragraph (2) for the words "for a period of 3 years from the relevant appointed day for licences" there shall be substituted the words "in accordance with Article 6(10)".
(3) In paragraph (3) for the words "for a period of 3 years from the relevant appointed day for resolutions" there shall be substituted the words "in accordance with Article 6(10)".
Disposal licences which expire before commencement of waste management licensing
6. - (1) This Article applies where -
(a) a disposal licence under Article 7 of the 1978 Order expires at a time ("the time of expiry") falling after the relevant day but before the appointed day (so that it is not converted into a site licence by Article 47 of the 1997 Order); and
(b) relevant activities have taken place at a time falling after the time of expiry (whether before or after the making of this Order).
(2) The licence shall for all purposes be deemed -
(a) not to have expired; and
(b) to have been subsisting on the appointed day and (accordingly) to have become on that day a site licence by virtue of Article 47(2) of the 1997 Order.
(3) The terms and conditions of the licence as continued in force by paragraph (2) shall, except so far as providing for the expiry of the licence and subject to paragraph (4)(b) and (c), be such as were in force immediately before the time of expiry (unless and until varied under Part II of the 1997 Order).
(4) Without prejudice to the generality of paragraph (2) -
(a) activities carried out during the interim period which (by virtue of paragraph (2)) become authorised by the licence shall be treated as authorised at the time they were carried out (even though at that time their being carried out amounted to a contravention of Article 5(1) of the 1978 Order);
(b) anything done in relation to the licence before the time of expiry but purporting to take effect after that time (such as the serving of a notice under Article 9 of the 1978 Order, specifying a time falling during or after the interim period) shall be treated as having had (or having) effect as if the licence had not in fact expired
(c) anything which during the interim period purported to be done in relation to the licence (such as a modification, revocation, transfer or cancellation of...
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