UK Act of Parliament 2002 Northern Ireland

Environment (Northern Ireland) Order 2002

Part II of this Order makes provision for implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution. It amends the transitional provisions in relation to waste management licences in Article 47 of the Waste and Contaminated Land (Northern Ireland) Order 1997 and makes provision about certain expiring disposal …

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
OEP, NIEA
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 5 of 19 obligations carry an unlimited fine. 2 carry different penalties and 12 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person7

Plus 12 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 2340 other Acts

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 1

INTRODUCTORY

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Title and commencement (opens in a new tab)
s.002 Interpretation (opens in a new tab)
Part 2

POLLUTION PREVENTION AND CONTROL

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.003 Purpose of Article 4 (opens in a new tab)
s.004 Regulation of polluting activities (opens in a new tab)
s.005 New transitional provisions for disposal licences treated as site licences (opens in a new tab)
s.006 Disposal licences which expire before commencement of waste management licensing (opens in a new tab)
s.007 Financial assistance by Department (opens in a new tab)
s.008 Interpretation of this Part (opens in a new tab)
Part 3

AIR QUALITY

9 of 19 sections shown
s.010 Air quality strategy (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Northern Ireland Department must publish and maintain an air quality strategyCrown / Minister / Government department
s.011 District council reviews (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District councils must review and assess local air qualityLocal authority
s.013 Further provisions in relation to designated areas (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District councils must create and maintain air quality action plansLocal authority
s.014 Reserve powers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District councils must comply with Departmental directions on air qualityLocal authority
s.015 Regulations (opens in a new tab) Prosecution
  • Breach any air‑quality regulation made under the OrderAny Person

Unlimited fine

s.020 Offences (opens in a new tab) Prosecution
  • Obstruct or hinder an authorised environmental inspectorAny Person

Unlimited fine

s.021 Disclosure of information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators and Departments may share information to perform environmental tasksStatutory regulator
s.024 Offences under this Part due to fault of others (opens in a new tab) Prosecution
  • Be liable for another's environmental offenceAny Person

Unlimited fine

s.025 Application to Crown (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Crown bodies and public servants must comply with environmental lawsCrown / Minister / Government department
10 other sections in this Part — procedural and definitional
s.009 Implementation of Directive (opens in a new tab)
s.012 Designation of air quality management areas (opens in a new tab)
s.016 Recommendations and guidance (opens in a new tab)
s.017 Supplemental provisions (opens in a new tab)
s.018 Financial assistance (opens in a new tab)
s.019 Powers of enforcing authorities and persons authorised by them (opens in a new tab)
s.022 Power to give effect to assimilated obligations and other international obligations, etc. (opens in a new tab)
s.023 Offences by bodies corporate (opens in a new tab)
s.026 Regulations and directions (opens in a new tab)
s.027 Interpretation of this Part (opens in a new tab)
Part 4

AREAS OF SPECIAL SCIENTIFIC INTEREST

9 of 28 sections shown
s.028 Declaration of ASSI (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NIEA must notify owners and allow objections when declaring an ASSIStatutory regulator
s.037 Payments by Department (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Department must compensate owners for withdrawn or modified land consentsCrown / Minister / Government department
s.039 Public bodies: duties in relation to operations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NIEA must respond to public body ASSI work notifications within 28 daysCrown / Minister / Government department
s.046 Offences (opens in a new tab) Prosecution
  • Contravene Article 32(1) without reasonable excuseAny Person

Unlimited fine

s.047 Restoration following offences under Article 46 (opens in a new tab) Prosecution
  • Fail to comply with court‑ordered environmental restorationAny Person

Unlimited fine

s.048 Matters affecting agriculture, forestry and inland fisheries (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorities must consider agriculture, forestry, and fisheries needsCrown / Minister / Government department
s.049 Application of this Part to the Crown (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Crown compliance with environmental laws and national security exemptionsCrown / Minister / Government department
s.art046 Notification of change of owner or occupier Prosecution
  • Fail to notify change of owner or occupier of ASSI landAny Person

Fine up to £200

s.art046 Notices and signs relating to ASSIs Prosecution
  • Intentionally remove or damage ASSI signsAny Person

Fine up to £2,500

19 other sections in this Part — procedural and definitional
s.029 Variation of declaration (opens in a new tab)
s.030 Declaration of additional land (opens in a new tab)
s.031 Denotification (opens in a new tab)
s.032 Duties of owners and occupiers of land included in ASSI (opens in a new tab)
s.033 Appeals in connection with consents (opens in a new tab)
s.034 Management agreements (opens in a new tab)
s.035 Management notices (opens in a new tab)
s.036 Appeals against management notices (opens in a new tab)
s.038 Public bodies: general duty (opens in a new tab)
s.040 Public bodies: duties in relation to authorising operations (opens in a new tab)
s.041 Powers to acquire land (opens in a new tab)
s.042 Powers to carry out works, etc. (opens in a new tab)
s.043 Power to enter into agreements concerning land adjacent to an ASSI (opens in a new tab)
s.044 Powers of entry (opens in a new tab)
s.045 Power to make byelaws for ASSI (opens in a new tab)
s.050 Statutory charges (opens in a new tab)
s.051 Transitional provisions relating to this Part (opens in a new tab)
s.052 Interpretation of this Part (opens in a new tab)
s.effect of failure to serve certain notices Effect of failure to serve certain notices
Part 5

SUPPLEMENTARY

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.053 Amendments and repeals (opens in a new tab)
Schedules

Schedules

1 of 52 shown
s.002 AIR QUALITY: SUPPLEMENTAL PROVISIONS (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District councils must consult with business representatives on air quality plansLocal authority
51 other schedules
s.sch001 PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER ARTICLE 4 (opens in a new tab)
s.sch001 (1) Establishing standards, objectives or requirements in relation to emissions...
s.sch001 Authorising, or authorising the Department to make schemes for, the...
s.sch001 Enabling persons of any specified description (whether or not they...
s.sch001 Securing— (a) that publicity is given to specified matters;
s.sch001 Requiring or authorising enforcing authorities to carry out consultation in...
s.sch001 (1) Conferring on enforcing authorities functions with respect to the...
s.sch001 (1) Authorising enforcing authorities to serve on holders of permits—...
s.sch001 Authorising enforcing authorities to suspend the operation of permits so...
s.sch001 The creation of offences and dealing with matters relating to...
s.sch001 Enabling, where a person has been convicted of an offence...
s.sch001 (1) Conferring rights of appeal in respect of decisions made,...
s.sch001 (1) Conferring functions on the Department or the Secretary of...
s.sch001 (1) Making provision which, subject to any modifications that the...
s.sch001 The regulations may provide for specified provisions of the regulations...
s.sch001 The regulations may make provision for anything which, by virtue...
s.sch001 In connection with the determination of conditions as mentioned in...
s.sch001 The regulations may require any such scheme as is mentioned...
s.sch001 The regulations may require any scheme as is mentioned in...
s.sch001 (1) The regulations may provide for any such offence as...
s.sch001 In this Schedule— ... ... “ Environment Agency ” means...
s.sch001 Enabling the Department or the Secretary of State to give...
s.sch001 Prohibiting persons from operating any installation or plant of any...
s.sch001 Specifying restrictions or other requirements in connection with the grant...
s.sch001 (1) Prescribing the contents of permits. (2) Authorising permits to...
s.sch001 (1) Requiring permits or the conditions to which permits are...
s.sch001 (1) Regulating the transfer or surrender of permits.
s.sch001 Authorising the Department to make schemes for the charging by...
s.sch001 (1) Without prejudice to paragraph 9, authorising the Department to...
s.sch001 Without prejudice to paragraph 9, authorising the Department to make...
s.sch002 (1) A district council in carrying out its functions in...
s.sch002 (1) A relevant authority shall provide a district council with...
s.sch002 (1) The Department may give directions to any two or...
s.sch002 (1) Each district council shall— (a) secure that there is...
s.sch002 (1) Without prejudice to the generality of sub-paragraph (o) of...
s.sch003 SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY (opens in a new tab)
s.sch003 In this Schedule “relevant power” means a power conferred by...
s.sch003 (1) If it is shown to the satisfaction of a...
s.sch003 (1) Subject to Article 19(7), information obtained in consequence of...
s.sch003 An authorised person who, in the exercise of a relevant...
s.sch003 (1) Where an authorised person exercises any power conferred by...
s.sch004 TRANSITIONAL PROVISIONS (opens in a new tab)
s.sch004 (1) In this Schedule “the 1985 Order” means the Nature...
s.sch004 (1) Any declaration under Article 24 of the 1985 Order...
s.sch004 (1) Subject to sub-paragraph (2) and paragraphs 4 and 5—...
s.sch004 Article 32 does not apply in relation to the carrying...
s.sch004 (1) Article 33(1)(a) does not apply to a refusal of...
s.sch004 (1) Subject to sub-paragraph (2), an agreement in force under...
s.sch004 Despite its repeal by this Order, Article 26 of the...
s.sch004 Article 39 does not apply in relation to the carrying...
s.sch004 Article 46 does not apply in relation to an offence...
1 other provision
s.(unknown) (unknown)

Help complying

Guvnor’s practical routes through this instrument.

Environmental permits in Northern Ireland: applying to NIEA

How to apply for environmental permits from the Northern Ireland Environment Agency (NIEA). Covers the NI permitting system for waste management, water …

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Landfill Regulations (Northern Ireland) 2003 SI 2003 Northern Ireland Statutory Rule

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