UK Act of Parliament 1997 c. 2778 Northern Ireland

The Waste and Contaminated Land (Northern Ireland) Order 1997

This Order— re-enacts the provisions of Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978 relating to waste on land with modifications as respects the functions of the Department of the Environment and district councils concerned in the collection and disposal of waste and makes further …

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
NIEA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 12 of 62 obligations carry an unlimited fine. 13 carry different penalties and 37 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person27 Licence Holder3 Manufacturer1 Occupier1 Data Controller1 Applicant1 Responsible Person1

Plus 27 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Licence Holder — also bound by 245 other Acts
Manufacturer — also bound by 551 other Acts
Occupier — also bound by 246 other Acts
Highways Act 1980 23 duties
Data Controller — also bound by 36 other Acts
Applicant — also bound by 325 other Acts
Responsible Person — also bound by 115 other Acts
MH(CT)(S)A 2003 30 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 2

WASTE ON LAND

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art004 Fixed penalty notices for offences under Article 4
s.art005 Seizure of vehicles etc: supplementary
Part 4

GENERAL

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.paragraph/p6 Article 83—Amendments and repeals
Schedules

Schedules

1 of 40 shown
s.sch002 APPEALS AND DECISIONS REFERRED TO THE PLANNING APPEALS COMMISSION (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning Appeals Commission must determine appeals and hold requested hearingsTribunal / Court
39 other schedules
s.sch001 Production or consumption residues not otherwise specified below.
s.sch001 Machining or finishing residues (e.g. lathe turnings, mill scales,
s.sch001 Residues from raw materials extraction and processing (e.g. mining residues, oil field slops,
s.sch001 Adulterated materials (e.g. oils contaminated with PCBs,
s.sch001 Any materials, substances or products whose use has been banned by law.
s.sch001 Products for which the holder has no further use (e.g. agricultural, household, office, commercial and
s.sch001 Contaminated materials, substances or products resulting from remedial action with respect to land.
s.sch001 Any materials, substances or products which are not contained in the above categories.
s.sch001 Off-specification products.
s.sch001 Products whose date for appropriate use has expired.
s.sch001 Materials spilled, lost or having undergone other mishap, including any materials, equipment,
s.sch001 Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations,
s.sch001 Unusable parts (e.g. reject batteries, exhausted catalysts,
s.sch001 Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts,
s.sch001 Residues of industrial processes (e.g. slags, still bottoms,
s.sch001 Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters,
s.sch002 This paragraph applies to an appeal to the Planning Appeals Commission ( “the Commission”) under
s.sch002 This paragraph applies to an appeal to the Planning Appeals Commission under Article 36(5) or
s.sch002 This paragraph applies where, in accordance with paragraph (1) of Article 52, a district council
s.sch003 THE WASTE MANAGEMENT PLAN (opens in a new tab)
s.sch003 Overall objective
s.sch003 Policies in relation to preparing for re-use
s.sch003 Policies in relation to recycling targets and landfill reduction targets
s.sch003 The waste management plan may include provision about any of the following, taking into account
s.sch003 The economic instruments and other measures referred to in paragraph 2(3) are—
s.sch003 Application of the waste hierarchy
s.sch003 Protection of human health and the environment
s.sch003 Principles of self-sufficiency and proximity
s.sch003 Analysis of the current waste management situation etc.
s.sch003 General policies in relation to waste and litter
s.sch003 Policies in relation to packaging waste
s.sch003 Policies in relation to separate collection of waste
s.sch003 Policies in relation to bio-waste
s.sch004 SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY (opens in a new tab)
s.sch004 In this Schedule “relevant power” means a power conferred by Article 72, including a power
s.sch004 If it is shown to the satisfaction of a justice of the peace on complaint
s.sch004 Subject to Article 72(9), information obtained in consequence of the exercise of a relevant power,
s.sch004 An authorised person who, in the exercise of a relevant power, enters on any premises
s.sch004 Where an authorised person exercises any power conferred by Article 72(2)(a) or (b) or (3),
s.004 Prohibition on unauthorised or harmful deposit, treatment or disposal, etc. , of waste Imprisonment
  • Illegal deposit, treatment, or disposal of controlled wasteAny Person
s.005 Duty of care, etc., as respects waste Regulated
  • Manage controlled waste safely and separate food wasteAny Person
s.006 Waste management licences: general Imprisonment
  • Falsify waste records or forge a waste management licenceAny Person
s.007 Compensation where rights granted pursuant to Article 6(4) or 12(9) Regulated
  • Pay compensation for land rights granted for waste worksLicence Holder
s.008 Grant of licences Regulated
  • Apply for a waste management licence using the official formApplicant
s.009 Consultation before the grant of certain licences Regulated
Other duties (1) — Crown / regulator
  • NIEA must consult land owners before granting certain waste licencesStatutory regulator
s.010 Variation of licences Regulated
Other duties (1) — Crown / regulator
  • NIEA must manage licence variations and respond to applicationsStatutory regulator
s.011 Consultation before certain variations Regulated
Other duties (1) — Crown / regulator
  • NIEA must consult affected landowners before changing licence conditionsStatutory regulator
s.012 Revocation and suspension of licences Imprisonment
  • Failure to comply with environmental protection requirements during licence suspensionAny Person
s.013 Surrender of licences Regulated
  • Apply to surrender a site licence and provide required evidenceLicence Holder
s.014 Transfer of licences Regulated
  • Apply jointly to transfer a licence to a new holderLicence Holder
s.015 Fees and charges for licences Prosecution
  • Failure to pay waste licence feesAny Person

Unlimited fine

s.016 Supervision of licensed activities Regulated
Other duties (1) — Crown / regulator
  • NIEA must supervise licensed activities and can intervene in emergenciesStatutory regulator
s.018 Offences of making false or misleading statements or false entries Imprisonment
  • Provide false or misleading information regarding waste licencesAny Person
s.019 Waste management plan Regulated
Other duties (1) — Crown / regulator
  • The Department must maintain and review a Northern Ireland waste management planCrown / Minister / Government department
s.020 Collection of controlled waste Regulated
Other duties (1) — Crown / regulator
  • District councils must arrange collection of household, commercial and food wasteLocal authority
s.022 Receptacles for commercial or industrial waste Prosecution
  • Fail to provide or use correct commercial waste binsOccupier

Fine up to £1,000

s.023 Waste management plans by district councils Regulated
Other duties (1) — Crown / regulator
  • District councils must create and maintain waste management plansLocal authority
s.024 Payments for recycling and disposal, etc., of waste Regulated
Other duties (1) — Crown / regulator
  • District councils may pay you for collected recyclingLocal authority
s.025 Disposal of waste Regulated
Other duties (1) — Crown / regulator
  • District councils must provide waste disposal and recycling facilitiesLocal authority
s.027 Power of Department to require waste to be accepted, treated, disposed of or delivered Prosecution
  • Fail to comply with Department waste directionsAny Person

Unlimited fine

s.028 Power to require removal of waste unlawfully deposited Prosecution
  • Fail to comply with a notice to remove waste or clean up landAny Person

Unlimited fine

s.029 Interference with waste sites and receptacles for waste Prosecution
  • Interfere with waste sites or council-provided waste binsAny Person

Fine up to £1,000

s.030 Special provision with respect to certain dangerous or intractable waste Imprisonment
  • Mishandle dangerous or hazardous wasteAny Person
s.031 Waste other than controlled waste Imprisonment
  • Unlawfully deposit hazardous waste (non-controlled)Any Person
s.032 Power to prohibit or restrict the use, supply or storage of injurious substances or articles Imprisonment
  • Illegal use, supply, or storage of restricted substancesAny Person
s.033 Power to obtain information about potentially hazardous substances Prosecution
  • Fail to provide information on hazardous substancesManufacturer

Fine up to £5,000

s.034 Public registers Regulated
Other duties (1) — Crown / regulator
  • NI Department and District Councils must maintain public waste registersStatutory regulator
s.036 Exclusion from registers of certain confidential information Regulated
Other duties (1) — Crown / regulator
  • Determine commercial confidentiality applications within 14 daysStatutory regulator
s.037 Annual reports Regulated
Other duties (1) — Crown / regulator
  • Department must publish an annual report on waste management and licensingStatutory regulator
s.038 Offence of transporting controlled waste without registering Prosecution
  • Transporting commercial waste without being a registered carrierAny Person

Unlimited fine

s.042 Duty to produce authority to transport controlled waste Prosecution
  • Fail to produce waste transport authority or obstruct inspectionsAny Person

Unlimited fine

s.044 Obtaining of information Imprisonment
  • Failure to provide information to regulatorsAny Person
s.045 Provisions relating to legal proceedings and civil liability Regulated
  • Liability for damage caused by illegal waste depositsAny Person
s.046 Supplementary provisions relating to pipes Regulated
Other duties (1) — Crown / regulator
  • Councils must provide maps of installed pipes for public inspectionLocal authority
s.050 Identification of contaminated land Regulated
Other duties (1) — Crown / regulator
  • District councils must identify contaminated land and notify ownersLocal authority
s.052 Referral of special site decisions to the Planning Appeals Commission Regulated
Other duties (1) — Crown / regulator
  • Council must refer disputed 'special site' decisions to the CommissionLocal authority
s.053 Duty of enforcing authority to require remediation of contaminated land, etc. Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must issue remediation notices for contaminated landStatutory regulator
s.055 Grant of, and compensation for, rights of entry, etc. Regulated
  • Grant access to land and pay compensation for remediation workAny Person
s.056 Restrictions and prohibitions on serving remediation notices Regulated
  • Prepare and publish a remediation statement for contaminated landResponsible Person
s.059 Offences of not complying with a remediation notice Prosecution
  • Fail to comply with a contaminated land remediation noticeAny Person

Unlimited fine

s.063 Registers Regulated
Other duties (1) — Crown / regulator
  • Enforcing authorities must maintain public registers of contaminated landStatutory regulator
s.066 Reports by the Department on the state of contaminated land Regulated
Other duties (1) — Crown / regulator
  • District councils must provide contaminated land information to the DepartmentLocal authority
s.069 Supplementary provisions with respect to guidance by the Department Regulated
Other duties (1) — Crown / regulator
  • The Department must consult and lay guidance before the AssemblyCrown / Minister / Government department
s.074 Offences Imprisonment
  • Obstructing an environmental inspector or failing to assistAny Person
s.076 Disclosure of information Regulated
Other duties (1) — Crown / regulator
  • Regulators and councils may share information for pollution controlStatutory regulator
s.079 Offences under this Order due to fault of others Imprisonment
  • Cause another person to commit an environmental offenceAny Person
s.080 Application to Crown Regulated
Other duties (1) — Crown / regulator
  • Government and public service workers must follow this OrderCrown / Minister / Government department
s.081 Financial provision Regulated
Other duties (1) — Crown / regulator
  • Government department must pay fees received into the Consolidated FundCrown / Minister / Government department
s.art004 Article 4 and 5 offences: investigation and enforcement costs Prosecution
  • Pay costs for waste or vehicle seizure investigationsAny Person

Unlimited fine

s.art004 Article 4 offences: clean-up costs Regulated
  • Liability for waste clean-up and restoration costsAny Person
s.electronic waste tracking Electronic waste tracking Regulated
  • Use the electronic system to track and identify wasteData Controller
s.fixed penalty notices for certain offences under a Fixed penalty notices for certain offences under Article 5(8) Prosecution
  • Fail to provide waste management documentsAny Person

Unlimited fine

s.fixed penalty notices for offences under article 4 Fixed penalty notices for offences under Article 42 Prosecution
  • Fail to produce authority to transport wasteAny Person

Unlimited fine

s.fixed penalty notices for offences under articles Fixed penalty notices for offences under Articles 21 and 22 Prosecution
  • Breach of waste management or littering requirementsAny Person

Unlimited fine

s.power of authorised officers of department to stop Power of authorised officers of Department to stop vehicles Prosecution
  • Failure to stop a vehicle when required by an authorised officerAny Person

Unlimited fine

s.power to search and seize vehicles etc Power to search and seize vehicles etc Prosecution
  • Obstructing vehicle search or failing to provide informationAny Person

Unlimited fine

s.procedures following public participation Procedures following public participation Regulated
Other duties (1) — Crown / regulator
  • The Department must publish and explain waste management plan decisionsCrown / Minister / Government department
s.public participation procedures Public participation procedures Regulated
Other duties (1) — Crown / regulator
  • NIEA must consult the public on waste management plan proposalsStatutory regulator
s.seizure of vehicles etc : supplementary Seizure of vehicles etc : supplementary Regulated
Other duties (1) — Crown / regulator
  • Northern Ireland Environment Agency must follow rules for seized vehiclesStatutory regulator
s.separate collection of food waste Separate collection of food waste Regulated
Other duties (1) — Crown / regulator
  • District councils must provide food waste collection to all domestic propertiesLocal authority
42 other provisions
s.001 Title and commencement
s.002 General interpretation
s.003 Meaning of “fit and proper person”
s.017 Appeals from decisions with respect to licences
s.021 Receptacles for household waste
s.026 Powers for recycling waste
s.035 Exclusion from registers of information affecting national security
s.039 Registration of carriers
s.040 Restrictions on power under Article 39
s.041 Appeals against refusal of registration, etc.
s.043 Seizure and disposal of vehicles used for illegal waste disposal
s.047 Transitional provisions with respect to licences
s.048 This Part and radioactive substances
s.049 Interpretation of Part III
s.051 Identification and designation of special sites
s.054 Determination of the appropriate person to bear responsibility for remediation
s.057 Liability in respect of contaminating substances which escape to other land
s.058 Appeals against remediation notices
s.060 Powers of the enforcing authority to carry out remediation
s.061 Recovery of, and security for, the cost of remediation by the enforcing authority
s.062 Special sites
s.064 Exclusion from registers of information affecting national security
s.065 Exclusion from registers of certain confidential information
s.067 Guidance by the Department concerning contaminated land
s.068 Supplementary provisions
s.070 Interaction of this Part with other statutory provisions
s.071 This Part and radioactivity
s.072 Powers of enforcing authorities and persons authorised by them
s.073 Power to deal with cause of imminent danger of serious pollution etc.
s.075 Evidence in connection with certain pollution offences
s.077 Power to give effect to assimilated obligations and other international obligations, etc.
s.078 Offences by bodies corporate
s.082 Orders, regulations and directions
s.amount of fixed penalty under article 22a Amount of fixed penalty under Article 22A
s.application of public participation procedures Application of public participation procedures
s.art004 Article 4 and 5 offences: forfeiture of vehicles
s.further provision about regulations under article Further provision about regulations under Article 5G
s.power to make charging schemes Power to make charging schemes
s.reserve powers of enforcing authority Reserve powers of enforcing authority
s.restrictions on liability relating to the pollutio Restrictions on liability relating to the pollution of waterways and underground strata
s.the “appropriate person” The “appropriate person”
s.use of fixed penalty receipts Use of fixed penalty receipts

Help complying

Guvnor’s practical routes through this instrument.

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Developing contaminated or brownfield land

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Run a construction business

Ongoing compliance, site safety, and operational requirements for established construction businesses
7 more guides that reference this instrument
Comply with contaminated land remediation requirements Due diligence when buying potentially contaminated land Meet your business waste duty of care Meet your gardening and landscaping duties Meet your pest control, landscaping and waste duties Meet your veterinary practice regulatory duties Understanding contaminated land law for businesses

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.