Pollution Prevention and Control Regulations (Northern Ireland) 2003
What this means for your business
- Enforced by
- Environment Agency, NIEA
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 1 practical guide
What you must do
6 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 2
Keep disclosed information confidential
If your business receives information from the Department or an enforcing authority under the Pollution Prevention and Control Regulations, you must not pass it on to anyone else unless the regulations specifically allow it (e.g., to another enforcing authority, or where the information is a trade secret or national security matter). In practice, treat such data as confidential and only share it as permitted.
Take remedial steps to lift a suspension notice
If the environmental regulator serves you with a suspension notice because they think your plant or waste operation could cause serious pollution, you must stop the activity and carry out the actions they set out in the notice. You must complete those actions within the time‑frame given, after which the regulator can lift the suspension and you can resume operations.
Other requirements 2
Allow inspectors entry under a warrant
If a justice of the peace issues a warrant allowing an environmental inspector to enter your premises, you must let them in – even if you have already refused. The inspector can use reasonable force to gain entry and must leave the premises in the same condition as they found it.
Obtain a permit before operating installations or mobile plant
You cannot run an installation or mobile plant after its prescribed start date unless you have a permit from the enforcing authority. Make sure you apply for, receive and operate only within the limits of that permit before you start or continue using the plant.
Offences and prohibitions 1
Contravene regulation 9(1)
5 years imprisonmentIf you do anything that goes against regulation 9(1) of the Pollution Prevention and Control Regulations you commit a criminal offence. On conviction you could be fined up to an unlimited amount and face up to five years’ imprisonment.
Registration and licensing 1
Obtain and maintain a permit to operate an installation or mobile plant
If you want to run any installation or mobile plant that is covered by these regulations, you must apply for a permit from the enforcing authority before you start. Your application must include the prescribed fee, show that you will control the plant, prove you are a fit‑and‑proper person (and have any required planning permission), and contain a site map. Once granted, you must keep the permit up‑to‑date, follow any conditions, and only transfer it as allowed.
Penalties for non-compliance
1 penalty under this legislation. 1 can result in imprisonment. 1 carry an unlimited fine.
Contravene regulation 9(1)
Unlimited fine and/or 5 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
52 classified provisions from this legislation.
Duties 11
- s.5 Application to the Crown provision of these Regulations
- s.7 Discharge and scope of functions enforcing authorities
- Schedule 8 SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY responsible authority
- s.9 Requirement for permit to operate installation and mobile plant person
- s.10 Permits: general provisions A permit
- s.11 Conditions of permits: general principles pollution risk and
- s.15 Review of conditions of permits
- s.23 Duty of the enforcing authority to ensure compliance with conditions enforcing authority
- s.25 Suspension notices time and
- s.30 Public registers of information
- s.40 Disclosure of information enforcing authority
Powers 17
- s.4 Fit and proper person
- s.6 Applications
- s.8 Appointment of chief inspector and other inspectors
- s.13 Conditions of permits: Department’s notice in relation to emissions into water
- s.17 Variation of conditions of permits
- s.19 Application to surrender a permit for a Part A installation or Part A mobile plant
- s.21 Revocation of permits
- s.24 Enforcement notices
- s.26 Power of the enforcing authority to prevent or remedy pollution
- s.27 Powers of inspectors and others
- s.29 Information
- s.31 Exclusion from registers of information affecting national security
- s.34 Enforcement by High Court
- s.36 Power of court to order cause of offence to be remedied
- s.37 Directions to enforcing authorities
- s.38 Guidance to enforcing authorities
- s.39 Plans relating to emissions
Definitions 7
- Schedule 1 ACTIVITIES, INSTALLATIONS AND MOBILE PLANT
- s.2 Interpretation: general
- s.3 Interpretation: “best available techniques”
- Schedule 5 POLLUTANTS
- s.22 Fees and charges in relation to permits
- Schedule 3 PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS determination date existing new
- Schedule 6 COMPENSATION IN RELATION TO OFF-SITE CONDITIONS grantor relevant interest
Exemptions 9
- Schedule 7 VARIATION OF CONDITIONS
- Schedule 10 REGISTERS
- Schedule 11 CONSEQUENTIAL AMENDMENTS
- s.12 Conditions of permits: specific requirements
- s.16 Proposed change in the operation of an installation
- s.28 Appeals from decisions with respect to permits
- s.32 Exclusion from registers of certain confidential information
- Schedule 2 BEST AVAILABLE TECHNIQUES
- Schedule 4 GRANT OF PERMITS