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Waste Amendment OrderWASTE AMENDMENT ORDER Waste (Amendment) (Northern Ireland) Order 2007 Background The Waste (Amendment) (Northern Ireland) Order 2007 (“the Order”) strengthens existing waste legislation in an attempt to deter illegal waste activity in Northern Ireland. Many of the changes in the Order maintain parity with the position in England and Wales, as introduced by Part 5 of the Clean Neighbourhoods and Environment Act 2005. However the illegal treating, keeping and deposit of waste is a more serious problem for Northern Ireland, with organised criminal gangs involved in the illegal cross-boundary transport and illegal management of waste. Additional provisions have therefore been included in the Order to reflect this situation. The Order was made on 6 March 2007 with a number of provisions becoming operational on 25th June 2007 and 7 April 2008. Other provisions contained in the Order have not yet come into effect, as this will require the drafting of subordinate legislation. Links Legislation The Order can be accessed on the following website: http://www.opsi.gov.uk/si/si2007/20070611.htm The Explanatory Memorandum, which summarises the Order in detail, can be accessed at: http://www.opsi.gov.uk/si/si2007/07em0611.htm The first Commencement Order for the 2007 Order can be viewed at: http://www.opsi.gov.uk/Sr/sr2007/20070294.htm The second Commencement Order for the 2007 Order can be viewed at: http://www.opsi.gov.uk/sr/sr2008/nisr_20080075_en_1 Consultation Consultation on the policy proposals was completed in 2005 and the Department consulted on the draft Order between July and October 2006. Links to the two consultation documents are included below, as well as links to summaries of the responses made to these consultations and the Department’s comments on the points raised by stakeholders. Links to copies of the responses to the 2006 consultation are also included. 2005 Consultation Document (88kb) Summary of Responses to 2005 Consultation Document (18kb) 2006 Consultation Document (280kb) Summary of Responses to 2006 Consultation Document (31kb) Consultation response from Craigavon Area Hospital Group Trust (11kb) Consultation response from Arc21 (40kb) Consultation response from Armagh City and District Council (140kb) Consultation response from Fermanagh District Council (76kb) Consultation response from Larne Borough Council (31kb) Consultation response from Southern Waste Management Partnership (28kb) Consultation response from Western Group Environmental Health Service (10kb) Regulatory Impact Assessment The Regulatory Impact Assessment carried out on the draft Order can be accessed through the following link: Final Regulatory Impact Assessment (648kb) Information for Businesses A link to a note outlining the main provisions of the Order, and plans for its implementation, is included below. This may be of use to businesses involved in waste activity. Please note that this note refers to the position at June 2007. Explanatory Note to Businesses (20kb) Article 10 of the Order – Fixed Penalty Notices for offences relating to the misuse of waste receptacles The Department consulted district councils and the 3 NI Sub-Regional Waste Management Planning Groups on proposals to commence Article 10 of the Order. The consultation was carried out between November 2007 and January 2008. Links to the consultation document and to a summary of the consultation responses (which includes the Department’s comments on the issues raised) are included below: Summary of consultation responses (37kb) Guidance for district councils on the use of Fixed Penalty Notices for offences relating to the misuse of waste receptacles can be accessed through the following link: Guidance Note for councils (29kb) Summary of Article 10 powers (137kb) |
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