UK Act of Parliament
1997
Northern Ireland
The Waste and Contaminated Land (Northern Ireland) Order 1997
At a glance
Enforced by
What's here
60 compliance obligations, 3 practical guides across 2 topics
Penalty landscape
12 of 60 obligations carry an unlimited fine. 13 carry different penalties and 35 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 28
- Licence Holder 2
- Manufacturer 1
- Occupier 1
- Data Controller 1
- Applicant 1
- Responsible Person 1
Plus 25 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
3 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 742 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 83 duties
- Merchant Shipping Act 1995 1995 82 duties
- Road Traffic (NI) Order 1995 1995 61 duties
Licence Holders also bound by 50 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 50 duties
- Human Medicines Regulations 2012 2012 11 duties
- Air Navigation Order 2016 2016 5 duties
- Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 2018 5 duties
- Broadcasting Act 1990 1990 5 duties
Manufacturers also bound by 81 other Acts (top 5 shown)
- Toys (Safety) Regulations 2011 2011 27 duties
- Radio Equipment Regulations 2017 2017 25 duties
- Medical Devices Regulations 2002 2002 23 duties
- Lifts Regulations 2016 2016 22 duties
- Electromagnetic Compatibility Regulations 2016 2016 21 duties
Occupiers also bound by 100 other Acts (top 5 shown)
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 15 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 14 duties
- Nitrate Pollution Prevention Regulations 2015 2015 13 duties
- Highways Act 1980 1980 12 duties
- Housing Act 1985 1985 11 duties
Data Controllers also bound by 7 other Acts (top 5 shown)
- UK GDPR (retained EU law) 2016 109 duties
- Data Protection Act 2018 2018 46 duties
- Privacy and Electronic Communications Regulations 2003 2003 5 duties
- Data Protection (Charges and Information) Regulations 2018 2018 1 duty
- Protection of Freedoms Act 2012 2012 1 duty
Applicants also bound by 146 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 21 duties
- Human Medicines Regulations 2012 2012 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
- Plant Protection Products Regulations 1107/2009 2009 9 duties
Responsible Persons also bound by 56 other Acts (top 5 shown)
- MH(CT)(S)A 2003 2003 45 duties
- Climate Change Levy (General) Regulations 2001 2001 24 duties
- The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 1995 21 duties
- The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 1995 16 duties
- Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 2017 11 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — INTRODUCTORY
Browse 2 other sections in this Part — procedural / definitional / commencement
Title and commencement
General interpretation
Part II — WASTE ON LAND
Fixed penalty notices for certain offences under Article 5(8)
Unlimited fine- Fail to provide waste management documents Any Person
Power to search and seize vehicles etc
Unlimited fine- Obstructing vehicle search or failing to provide information Any Person
Electronic waste tracking
- Use the electronic system to track and identify waste Data Controller
Public participation procedures
Other duties (1) — Crown / regulator
- NIEA must consult the public on waste management plan proposals Statutory regulator
Procedures following public participation
Other duties (1) — Crown / regulator
- The Department must publish and explain waste management plan decisions Crown / Minister / Government department
Separate collection of food waste
Other duties (1) — Crown / regulator
- District councils must provide food waste collection to all domestic properties Local authority
Fixed penalty notices for offences under Articles 21 and 22
Unlimited fine- Breach of waste management or littering requirements Any Person
Seizure of vehicles etc: supplementary
Other duties (1) — Crown / regulator
- Northern Ireland Environment Agency must follow rules for seized vehicles Statutory regulator
Fixed penalty notices for offences under Article 42
Unlimited fine- Fail to produce authority to transport waste Any Person
Browse 57 other sections in this Part — procedural / definitional / commencement
Meaning of “fit and proper person”
Prohibition on unauthorised or harmful deposit, treatment or disposal, etc., of waste
Fixed penalty notices for offences under Article 4
Duty of care, etc., as respects waste
Article 4 and 5 offences: investigation and enforcement costs
Article 4 offences: clean-up costs
Article 4 and 5 offences: forfeiture of vehicles
Seizure of vehicles etc: supplementary
Further provision about regulations under Article 5G
Waste management licences: general
Compensation where rights granted pursuant to Article 6(4) or 12(9)
Grant of licences
Consultation before the grant of certain licences
Variation of licences
Consultation before certain variations
Revocation and suspension of licences
Surrender of licences
Transfer of licences
Fees and charges for licences
Supervision of licensed activities
Appeals from decisions with respect to licences
Offences of making false or misleading statements or false entries
Waste management plan
Application of public participation procedures
Collection of controlled waste
Receptacles for household waste
Receptacles for commercial or industrial waste
Amount of fixed penalty under Article 22A
Use of fixed penalty receipts
Waste management plans by district councils
Payments for recycling and disposal, etc., of waste
Disposal of waste
Powers for recycling waste
Power of Department to require waste to be accepted, treated, disposed of or delivered
Power to require removal of waste unlawfully deposited
The “appropriate person”
Reserve powers of enforcing authority
Interference with waste sites and receptacles for waste
Special provision with respect to certain dangerous or intractable waste
Waste other than controlled waste
Power to prohibit or restrict the use, supply or storage of injurious substances or articles
Power to obtain information about potentially hazardous substances
Public registers
Exclusion from registers of information affecting national security
Exclusion from registers of certain confidential information
Annual reports
Offence of transporting controlled waste without registering
Registration of carriers
Restrictions on power under Article 39
Appeals against refusal of registration, etc.
Duty to produce authority to transport controlled waste
Seizure and disposal of vehicles used for illegal waste disposal
Obtaining of information
Provisions relating to legal proceedings and civil liability
Supplementary provisions relating to pipes
Transitional provisions with respect to licences
This Part and radioactive substances
Part III — CONTAMINATED LAND
Browse 24 other sections in this Part — procedural / definitional / commencement
Interpretation of Part III
Identification of contaminated land
Identification and designation of special sites
Referral of special site decisions to the Planning Appeals Commission
Duty of enforcing authority to require remediation of contaminated land,
Determination of the appropriate person to bear responsibility for remediation
Grant of, and compensation for, rights of entry, etc.
Restrictions and prohibitions on serving remediation notices
Restrictions on liability relating to the pollution of waterways and underground strata
Liability in respect of contaminating substances which escape to other land
Appeals against remediation notices
Offences of not complying with a remediation notice
Powers of the enforcing authority to carry out remediation
Recovery of, and security for, the cost of remediation by the enforcing authority
Special sites
Registers
Exclusion from registers of information affecting national security
Exclusion from registers of certain confidential information
Reports by the Department on the state of contaminated land
Guidance by the Department concerning contaminated land
Supplementary provisions
Supplementary provisions with respect to guidance by the Department
Interaction of this Part with other statutory provisions
This Part and radioactivity
Part IV — GENERAL
Power of authorised officers of Department to stop vehicles
Unlimited fine- Failure to stop a vehicle when required by an authorized officer Any Person
Browse 13 other sections in this Part — procedural / definitional / commencement
Powers of enforcing authorities and persons authorised by them
Power to deal with cause of imminent danger of serious pollution etc.
Offences
Evidence in connection with certain pollution offences
Disclosure of information
Power to make charging schemes
Power to give effect to assimilated obligations and other international obligations, etc.
Offences by bodies corporate
Offences under this Order due to fault of others
Application to Crown
Financial provision
Orders, regulations and directions
Article 83—Amendments and repeals
Schedules
APPEALS AND DECISIONS REFERRED TO THE PLANNING APPEALS COMMISSION
Other duties (1) — Crown / regulator
- Planning Appeals Commission must determine appeals and hold requested hearings Tribunal / Court
Browse 39 other Schedules — structural / supplementary
Production or consumption residues not otherwise specified below.
Machining or finishing residues (e.g. lathe turnings, mill scales,
Residues from raw materials extraction and processing (e.g. mining residues, oil field slops,
Adulterated materials (e.g. oils contaminated with PCBs,
Any materials, substances or products whose use has been banned by law.
Products for which the holder has no further use (e.g. agricultural, household, office, commercial and
Contaminated materials, substances or products resulting from remedial action with respect to land.
Any materials, substances or products which are not contained in the above categories.
Off-specification products.
Products whose date for appropriate use has expired.
Materials spilled, lost or having undergone other mishap, including any materials, equipment,
Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations,
Unusable parts (e.g. reject batteries, exhausted catalysts,
Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts,
Residues of industrial processes (e.g. slags, still bottoms,
Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters,
This paragraph applies to an appeal to the Planning Appeals Commission ( “the Commission”) under
This paragraph applies to an appeal to the Planning Appeals Commission under Article 36(5) or
This paragraph applies where, in accordance with paragraph (1) of Article 52, a district council
THE WASTE MANAGEMENT PLAN
Overall objective
Policies in relation to preparing for re-use
Policies in relation to recycling targets and landfill reduction targets
The waste management plan may include provision about any of the following, taking into account
The economic instruments and other measures referred to in paragraph 2(3) are—
Application of the waste hierarchy
Protection of human health and the environment
Principles of self-sufficiency and proximity
Analysis of the current waste management situation etc.
General policies in relation to waste and litter
Policies in relation to packaging waste
Policies in relation to separate collection of waste
Policies in relation to bio-waste
SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY
In this Schedule “relevant power” means a power conferred by Article 72, including a power
If it is shown to the satisfaction of a justice of the peace on complaint
Subject to Article 72(9), information obtained in consequence of the exercise of a relevant power,
An authorised person who, in the exercise of a relevant power, enters on any premises
Where an authorised person exercises any power conferred by Article 72(2)(a) or (b) or (3),
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Prohibition on unauthorised or harmful deposit, treatment or disposal, etc. , of waste
5 years imprisonment- Illegal deposit, treatment, or disposal of controlled waste Any Person
Duty of care, etc., as respects waste
- Manage controlled waste safely and separate food waste Any Person
Waste management licences: general
2 years imprisonment- Falsify waste records or forge a waste management licence Any Person
Compensation where rights granted pursuant to Article 6(4) or 12(9)
- Pay compensation for land rights granted for waste works Licence Holder
Grant of licences
- Apply for a waste management licence using the official form Applicant
Consultation before the grant of certain licences
Other duties (1) — Crown / regulator
- NIEA must consult land owners before granting certain waste licences Statutory regulator
Variation of licences
Other duties (1) — Crown / regulator
- NIEA must manage licence variations and respond to applications Statutory regulator
Consultation before certain variations
Other duties (1) — Crown / regulator
- NIEA must consult affected landowners before changing licence conditions Statutory regulator
Revocation and suspension of licences
2 years imprisonment- Failure to comply with environmental protection requirements during licence suspension Any Person
Surrender of licences
- Apply to surrender a site licence and provide required evidence Any Person
Transfer of licences
- Apply jointly to transfer a licence to a new holder Licence Holder
Fees and charges for licences
Unlimited fine- Failure to pay waste licence fees Any Person
Supervision of licensed activities
Other duties (1) — Crown / regulator
- NIEA must supervise licensed activities and can intervene in emergencies Statutory regulator
Offences of making false or misleading statements or false entries
2 years imprisonment- Provide false or misleading information regarding waste licences Any Person
Waste management plan
Other duties (1) — Crown / regulator
- The Department must maintain and review a Northern Ireland waste management plan Crown / Minister / Government department
Receptacles for commercial or industrial waste
Fine up to £1,000- Fail to provide or use correct commercial waste bins Occupier
Waste management plans by district councils
Other duties (1) — Crown / regulator
- District councils must create and maintain waste management plans Local authority
Payments for recycling and disposal, etc., of waste
Other duties (1) — Crown / regulator
- District councils may pay you for collected recycling Local authority
Disposal of waste
Other duties (1) — Crown / regulator
- District councils must provide waste disposal and recycling facilities Local authority
Power of Department to require waste to be accepted, treated, disposed of or delivered
Unlimited fine- Fail to comply with Department waste directions Any Person
Power to require removal of waste unlawfully deposited
Unlimited fine- Fail to comply with a notice to remove waste or clean up land Any Person
Interference with waste sites and receptacles for waste
Fine up to £1,000- Interfere with waste sites or council-provided waste bins Any Person
Special provision with respect to certain dangerous or intractable waste
2 years imprisonment- Mishandle dangerous or hazardous waste Any Person
Waste other than controlled waste
5 years imprisonment- Unlawfully deposit hazardous waste (non-controlled) Any Person
Power to prohibit or restrict the use, supply or storage of injurious substances or articles
2 years imprisonment- Illegal use, supply, or storage of restricted substances Any Person
Power to obtain information about potentially hazardous substances
Fine up to £5,000- Fail to provide information on hazardous substances Manufacturer
Public registers
Other duties (1) — Crown / regulator
- NI Department and District Councils must maintain public waste registers Statutory regulator
Annual reports
Other duties (1) — Crown / regulator
- Department must publish an annual report on waste management and licensing Statutory regulator
Offence of transporting controlled waste without registering
Unlimited fine- Transporting commercial waste without being a registered carrier Any Person
Duty to produce authority to transport controlled waste
Unlimited fine- Fail to produce waste transport authority or obstruct inspections Any Person
Obtaining of information
2 years imprisonment- Failure to provide information to regulators Any Person
Provisions relating to legal proceedings and civil liability
- Liability for damage caused by illegal waste deposits Any Person
Supplementary provisions relating to pipes
Other duties (1) — Crown / regulator
- Councils must provide maps of installed pipes for public inspection Local authority
Identification of contaminated land
Other duties (1) — Crown / regulator
- District councils must identify contaminated land and notify owners Local authority
Referral of special site decisions to the Planning Appeals Commission
Other duties (1) — Crown / regulator
- Council must refer disputed 'special site' decisions to the Commission Local authority
Duty of enforcing authority to require remediation of contaminated land, etc.
Other duties (1) — Crown / regulator
- Enforcing authority must issue remediation notices for contaminated land Statutory regulator
Grant of, and compensation for, rights of entry, etc.
- Grant access to land and pay compensation for remediation work Any Person
Restrictions and prohibitions on serving remediation notices
- Prepare and publish a remediation statement for contaminated land Responsible Person
Offences of not complying with a remediation notice
Unlimited fine- Fail to comply with a contaminated land remediation notice Any Person
Registers
Other duties (1) — Crown / regulator
- Enforcing authorities must maintain public registers of contaminated land Statutory regulator
Reports by the Department on the state of contaminated land
Other duties (1) — Crown / regulator
- District councils must provide contaminated land information to the Department Local authority
Supplementary provisions with respect to guidance by the Department
Other duties (1) — Crown / regulator
- The Department must consult and lay guidance before the Assembly Crown / Minister / Government department
Offences
2 years imprisonment- Obstructing an environmental inspector or failing to assist Any Person
Disclosure of information
Other duties (1) — Crown / regulator
- Regulators and councils may share information for pollution control Statutory regulator
Offences under this Order due to fault of others
2 years imprisonment- Cause another person to commit an environmental offence Any Person
Application to Crown
Other duties (1) — Crown / regulator
- Government and public service workers must follow this Order Crown / Minister / Government department
Financial provision
Other duties (1) — Crown / regulator
- Government department must pay fees received into the Consolidated Fund Crown / Minister / Government department
Article 4 and 5 offences: investigation and enforcement costs
Unlimited fine- Pay costs for waste or vehicle seizure investigations Any Person
Article 4 offences: clean-up costs
- Liability for waste clean-up and restoration costs Any Person
Browse 54 other unclassified sections
Title and commencement
General interpretation
Meaning of “fit and proper person”
Appeals from decisions with respect to licences
Collection of controlled waste
Receptacles for household waste
Powers for recycling waste
Exclusion from registers of information affecting national security
Exclusion from registers of certain confidential information
Registration of carriers
Restrictions on power under Article 39
Appeals against refusal of registration, etc.
Seizure and disposal of vehicles used for illegal waste disposal
Transitional provisions with respect to licences
This Part and radioactive substances
Interpretation of Part III
Identification and designation of special sites
Determination of the appropriate person to bear responsibility for remediation
Liability in respect of contaminating substances which escape to other land
Appeals against remediation notices
Powers of the enforcing authority to carry out remediation
Recovery of, and security for, the cost of remediation by the enforcing authority
Special sites
Exclusion from registers of information affecting national security
Exclusion from registers of certain confidential information
Guidance by the Department concerning contaminated land
Supplementary provisions
Interaction of this Part with other statutory provisions
This Part and radioactivity
Powers of enforcing authorities and persons authorised by them
Power to deal with cause of imminent danger of serious pollution etc.
Evidence in connection with certain pollution offences
Power to give effect to assimilated obligations and other international obligations, etc.
Offences by bodies corporate
Orders, regulations and directions
Amount of fixed penalty under Article 22A
Application of public participation procedures
Article 4 and 5 offences: forfeiture of vehicles
Electronic waste tracking
Fixed penalty notices for certain offences under Article 5(8)
Fixed penalty notices for offences under Article 42
Fixed penalty notices for offences under Articles 21 and 22
Further provision about regulations under Article 5G
Power of authorised officers of Department to stop vehicles
Power to make charging schemes
Power to search and seize vehicles etc
Procedures following public participation
Public participation procedures
Reserve powers of enforcing authority
Restrictions on liability relating to the pollution of waterways and underground strata
Seizure of vehicles etc : supplementary
Separate collection of food waste
The “appropriate person”
Use of fixed penalty receipts
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- NIEA waste management licensing (opens in a new tab) Detailed Guidance
- Report and manage invasive non-native species (GOV.UK) (opens in a new tab) Detailed Guidance
- Northern Ireland waste legislation (NetRegs) (opens in a new tab) Detailed Guidance
- NIEA IPPC guidance and application forms (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Northern Ireland Environment Agency
Northern Ireland's environmental regulator. Part of the Department of Agriculture, Environment and Rural Affairs (DAERA). Issues environmental permits, regulates waste and emissions, …
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Regulators
Learn more about the bodies that enforce this legislation.