The Environment (Northern Ireland) Order 2002

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IIPOLLUTION PREVENTION AND CONTROL

Regulation of polluting activities

3Purpose of Article 4

4Regulation of polluting activities

Waste management: site licences

5New transitional provisions for disposal licences treated as site licences

6Disposal licences which expire before commencement of waste management licensing

Financial assistance by Department

7Financial assistance by Department

8Interpretation of this Part

PART IIIAIR QUALITY

9Implementation of Directive

10Air quality strategy

11District council reviews

12Designation of air quality management areas

13Further provisions in relation to designated areas

14Reserve powers

16Recommendations and guidance

17Supplemental provisions

18Financial assistance

19Powers of enforcing authorities and persons authorised by them

21Disclosure of information

22Power to give effect to assimilated obligations and other international obligations, etc.

23Offences by bodies corporate

24Offences under this Part due to fault of others

25Application to Crown

26Regulations and directions

27Interpretation of this Part

PART IVAREAS OF SPECIAL SCIENTIFIC INTEREST

Areas of special scientific interest

28Declaration of ASSI

29Variation of declaration

30Declaration of additional land

31Denotification

Duties of owners and occupiers of land included in ASSI

32Duties of owners and occupiers of land included in ASSI

33Appeals in connection with consents

34Management agreements

35Management notices

36Appeals against management notices

37Payments by Department

Duties of public bodies in relation to land included in ASSI

38Public bodies: general duty

39Public bodies: duties in relation to operations

40Public bodies: duties in relation to authorising operations

Powers of Department

41Powers to acquire land

42Powers to carry out works, etc.

43Power to enter into agreements concerning land adjacent to an ASSI

44Powers of entry

45Power to make byelaws for ASSI

46ANotification of change of owner or occupier

46BNotices and signs relating to ASSIs

47Restoration following offences under Article 46

48Matters affecting agriculture, forestry and inland fisheries

48AEffect of failure to serve certain notices

49Application of this Part to the Crown

50Statutory charges

51Transitional provisions relating to this Part

52Interpretation of this Part

PART VSUPPLEMENTARY

53Amendments and repeals

SCHEDULE 1PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER ARTICLE 4

PART ILIST OF PURPOSES

1(1) Establishing standards, objectives or requirements in relation to emissions...

2(1) Conferring functions on the Department or the Secretary of...

3Enabling the Department or the Secretary of State to give...

4Prohibiting persons from operating any installation or plant of any...

5Specifying restrictions or other requirements in connection with the grant...

6(1) Prescribing the contents of permits. (2) Authorising permits to...

7(1) Requiring permits or the conditions to which permits are...

8(1) Regulating the transfer or surrender of permits.

9Authorising the Department to make schemes for the charging by...

9A. . . . . . . . . ....

9B(1) Without prejudice to paragraph 9, authorising the Department to...

9CWithout prejudice to paragraph 9, authorising the Department to make...

10Authorising, or authorising the Department to make schemes for, the...

Information, publicity and consultation

11Enabling persons of any specified description (whether or not they...

12Securing— (a) that publicity is given to specified matters;

13Requiring or authorising enforcing authorities to carry out consultation in...

Enforcement and offences

14(1) Conferring on enforcing authorities functions with respect to the...

15(1) Authorising enforcing authorities to serve on holders of permits—...

16Authorising enforcing authorities to suspend the operation of permits so...

17The creation of offences and dealing with matters relating to...

18Enabling, where a person has been convicted of an offence...

19(1) Conferring rights of appeal in respect of decisions made,...

20(1) Making provision which, subject to any modifications that the...

PART IISUPPLEMENTARY PROVISIONS

Particular types of pollution

21The regulations may provide for specified provisions of the regulations...

Determination of matters by enforcing authorities

22The regulations may make provision for anything which, by virtue...

Imposition of conditions

23In connection with the determination of conditions as mentioned in...

Charging schemes

24The regulations may require any such scheme as is mentioned...

24AThe regulations may require any scheme as is mentioned in...

25(1) The regulations may provide for any such offence as...

26In this Schedule— ... ... “ Environment Agency ” means...

SCHEDULE 2AIR QUALITY: SUPPLEMENTAL PROVISIONS

Consultation requirements

1(1) A district council in carrying out its functions in...

Exchange of information

2(1) A relevant authority shall provide a district council with...

Joint exercise of district council functions

3(1) The Department may give directions to any two or...

Public access to information about air quality

4(1) Each district council shall— (a) secure that there is...

Fixed penalty offences

5(1) Without prejudice to the generality of sub-paragraph (o) of...

SCHEDULE 3SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

1In this Schedule “relevant power” means a power conferred by...

Issue of warrants

2(1) If it is shown to the satisfaction of a...

Information obtained to be admissible in evidence

3(1) Subject to Article 19(7), information obtained in consequence of...

Duty to secure premises

4An authorised person who, in the exercise of a relevant...

5(1) Where an authorised person exercises any power conferred by...

SCHEDULE 4TRANSITIONAL PROVISIONS

1(1) In this Schedule “the 1985 Order” means the Nature...

Existing areas of special scientific interest

2(1) Any declaration under Article 24 of the 1985 Order...

Consents under Article 32

3(1) Subject to sub-paragraph (2) and paragraphs 4 and 5—...

Operations on land

4Article 32 does not apply in relation to the carrying...

Appeals under Article 33

5(1) Article 33(1)(a) does not apply to a refusal of...

Management agreements

6(1) Subject to sub-paragraph (2), an agreement in force under...

7Despite its repeal by this Order, Article 26 of the...

Duty of public bodies in relation to operations

8Article 39 does not apply in relation to the carrying...

Offences and restoration orders

9Article 46 does not apply in relation to an offence...

2002 No. 3153 (N.I. 7)

The Environment (Northern Ireland) Order 2002C1

17th December 2002

Annotations:

Modifications etc. (not altering text)

C1

Order modified (31.12.2020) by S.I. 2019/289, reg. 5, Sch. 3 (as amended by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(3)(5))