- apparatus
includes any meter or other device for measuring, assessing, determining, recording or enabling to be recorded, the volume, temperature, radioactivity, rate, nature, origin, composition or effect of any substance, flow, discharge, emission, deposit or abstraction;
- appear
means appear to the enforcing authority.
- appropriate person
means any person who is an appropriate person, determined in accordance with Article 54, to bear responsibility for any thing which is to be done by way of remediation in any particular case;
- authorised officer
means an officer of the enforcing authority who is authorised in writing by the enforcing authority for the purposes of this Article;
- authorised person
means a person who is authorised in writing by an enforcing authority for the purposes of this Article;
- backfilling
means any recovery operation where an amount of suitable non-hazardous waste is used, in substitution for non-waste materials, for the purposes of reclamation in excavated areas or for engineering purposes in landscaping, and that amount is no more than is strictly necessary to achieve those purposes.
- bio-waste
means biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants;
- broker
means any person arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;
- business
includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a district council;
- catering waste
means all waste food, including used cooking oil, originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens;
- charging notice
means a notice under Article 61(3);
- civil sanction
means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
- commercial waste
means, subject to paragraph (3), waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding— (a) household waste;
- condition of a relevant licence
includes any requirement to which a person is subject under or in consequence of a relevant licence;
- Crown premises
means premises held or used by or on behalf of the Crown.
- damage
includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition);
- dealer
means any person who acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;
- digitally excluded person
means a person— (a) who is a practising member of a religious society or order whose beliefs are incompatible with using electronic communications or keeping electronic records, or (b) for whom it is not reasonably practicable to use electronic communications or to keep electronic records for any reason (including age, disability or location);
- domestic property
means a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
- emergency
means a case in which it appears to the authorised person in question— (a) that there is an immediate risk of serious pollution of the environment or serious harm to human health, or (b) that circumstances exist which are likely to endanger life or health, and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;
- enforcing authority
means— (a) the Department;
- existing disposal licence
means a disposal licence under Article 7 of the 1978 Order subsisting on the day appointed under Article 1(2) for the repeal of Articles 5 to 12 of the 1978 Order and “relevant appointed day for licences” shall be construed accordingly;
- existing disposal plan
means a plan under Article 4 of the 1978 Order subsisting on the day appointed under Article 1(2) for the repeal of that Article and “relevant appointed day for plans” shall be construed accordingly;
- existing resolution of a district council
means a resolution under Article 13 of the 1978 Order in force on the day appointed under Article 1(2) for the repeal of that Article and “relevant appointed day for resolutions” shall be construed accordingly.
- extractive waste
has the meaning it has in the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 (S.R. 2015 No. 85);
- fault
has the same meaning as in the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948.
- food business
means an undertaking, whether carried on for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of food.
- food waste
means controlled waste that was at any time food intended for human consumption (even if of no nutritional value) and includes biodegradable waste produced as a consequence of the processing or preparation of food, but does not include drink;
- harm
means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence to any of his senses or harm to his property;
- holder
means the producer of the waste or the person who is in possession of it: and • “producer” means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;
- household waste
means, subject to paragraph (3), waste from— (a) domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
- industrial waste
means, subject to paragraph (3), waste from any of the following premises— (a) any factory (within the meaning of the waste Factories Act (Northern Ireland) 1965);
- industrial, trade or business premises
means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purpose of manufacturing.
- interest
means interest at the rate determined by the enforcing authority under paragraph (4);
- licence
means a waste management licence;
- mobile plant
means, subject to paragraph (4), plant which is designed to move or be moved on roads or otherwise;
- mobile plant licence
means a licence authorising the treatment or disposal of waste by means of mobile plant;
- modifications
includes additions, omissions, amendments and substitutions;
- mortgage
includes any charge on property for securing money or money's worth;
- mortgagee
includes any person from time to time deriving title under the original mortgagee;
- municipal waste
means— (a) mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture;
- notice
means notice in writing;
- owner
means the person (other than a mortgagee not in possession) for the time being receiving the rackrent of the land in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the land were let at a rackrent;
- person acting in a relevant capacity
means—
- pollution of the environment
means pollution of the environment due to the release or escape (into any environmental medium) from— (a) the land on which controlled waste is treated;
- pollution of waterways or underground strata
means the entry into waterways or underground strata of any poisonous, noxious or polluting matter or any solid waste matter;
- powers or duties
includes powers or duties exercisable by virtue of a warrant under Schedule 4.
- premises
includes any land, vehicle, vessel or mobile plant.
- preparing for re-use
means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing;
- prescribed
means prescribed by regulations;
- prevention
means measures taken before a substance, material or product has become waste that reduce— (a) the quantity of waste, including through the re-use of products or the extension of the life span of products;
- producer
means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;
- public consultees
means the persons to whose attention proposals for the waste management plan are brought by the Department pursuant to Article 19B(1)(b);
- public place
has the same meaning as in the Road Traffic (Northern Ireland) Order 1981 (NI 1).
- re-use
means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;
- receptacle
has the same meaning as in Article 21(10).
- recovery
means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy;
- recycling
means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes, including the reprocessing of organic material but not including energy recovery or reprocessing into materials that are to be used as fuels or for backfilling operations.
- registered carrier
means a person registered under Article 39 as a carrier of controlled waste.
- relevant land or waters
means—
- relevant licence
means— (a) a waste management licence under Article 6;
- relevant offence
means an offence under this Article in respect of a contravention of paragraph (1)(c) consisting of the treatment, keeping or disposal within the curtilage of a domestic property of household waste from that property.
- relevant power
means a power conferred by Article 72, including a power exercisable by virtue of a warrant under this Schedule.
- relevant waste
means controlled waste or extractive waste;
- relevant waste controller
means any person who— (a) is subject to the duty in Article 5(1) (duty of care as respects controlled waste), (b) imports, produces, carries, keeps, treats, manages or disposes of extractive waste or, as a dealer or broker, has control of such waste, or (c) exports relevant waste;
- remediation
means— (a) the doing of anything for the purpose of assessing the condition of— (i) the contaminated land in question;
- remediation declaration
means a document prepared and published under Article 56(6);
- remediation notice
means a notice under Article 53(1);
- remediation statement
means a document prepared and published under Article 56(7);
- road
has the same meaning as in the Roads (Northern Ireland) Order 1993;
- separate collection of food waste
means that food waste is presented for collection, and collected in a manner that ensures that food waste is kept separate from other waste;
- site licence
means a licence authorising the treatment, keeping or disposal of waste in or on land;
- special site
means any contaminated land— (a) which has been designated as such a site under Article 51(7) or 52(4);
- special waste
means controlled waste as respects which regulations are in operation under Article 30;
- specified
means specified or described in the regulations;
- statutory provision
has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
- substance
means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;
- the appellate authority
means the court of summary jurisdiction or, as the case may be, the Planning Appeals Commission.
- the Department
means the Department of Agriculture, Environment and Rural Affairs;
- the environment
includes the air within buildings and the air within other natural or man-made structures above or below ground;
- the Packaging Waste Directive
means the European Parliament and Council Directive of 94/62/EC on packaging and packaging waste, as last amended by Directive (EU) 2018/852”;
- the relevant land or waters
means—
- the relevant persons
has the same meaning as in Article 51.
- the specified period
means such period of 30 years or less from the date of service of the charging notice as is specified in the order.
- the Waste Framework Directive
means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851;
- underground strata
has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999.
- vehicle
means any motor vehicle or trailer within the meaning of the Road Traffic (Northern Ireland) Order 1981;
- vessel
includes a hovercraft within the meaning of the Hovercraft Act 1968;
- waste
means any substance or object which the holder discards or intends or is required to discard;
- waste disposal contractor
means a person who in the course of a business collects, keeps, treats or disposes of waste.... • “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851;
- waste management plan
means the plan prepared or modified pursuant to Article 19. • “waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;
- waste oils
means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;
- waste processing product
means any product of the processing of relevant waste, including material which is not relevant waste or which is not derived from relevant waste.
- waterways
has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999;