This page provides links to the full text of key pieces of waste environmental legislation that may affect your business in Northern Ireland. The websites hosting the legislation may list amendments separately.
Waste legislation for Northern Ireland controls the generation, transportation and disposal of waste within the European Union and the shipment of waste into and out of the EU. It covers controlled waste, duty of care, registration of carriers and brokers, waste management licensing, landfill, hazardous waste, producer responsibility, packaging waste, end-of-life vehicles, waste electrical and electronic equipment (WEEE) and the transfrontier shipment of waste.
If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.
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Details the enforcement authorities, processes and procedures under the Animal By-Products Regulations.
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Amends regulation 19 (a) (penalties) of 2011/124 so that the maximum term of imprisonment on summary conviction is three months.
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Defines household, industrial and commercial waste, for waste management licensing purposes.
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Amends 2002/248 to include animal by-products.
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Creates a duty of care for controlled waste that requires all producers, carriers and managers of waste to keep records and use waste transfer notes.
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Guidance on Controlled Waste (Duty of Care) Regulations (Northern Ireland)
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Amends 2002/271 to change the codes used on waste transfer notes to the European Waste Catalogue codes.
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Details the system for registering carriers of controlled waste and for seizing vehicles used for the illegal disposal of waste.
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Requires vehicle producers to set up collection, treatment and disposal systems to make sure that components in vehicles can be recovered, reused and recycled at the end of their life.
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Guidance on End-of-Life Vehicles Regulations 2003
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Amends 2003/2635 by changing the basis on which exemptions from the restrictions on use of heavy metals in vehicle components are identified. Also provides powers of entry and inspection for the enforcement authorities.
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Requires vehicle producers to register and declare responsibility for vehicles they place on the market and apply for approval of their system of collecting vehicles.
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Amends 2005/263 by making changes to requirements for reporting details of reuse, recycling and recovery rates.
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Covers several environmental issues, including pollution prevention control, assessment and management of air quality, and designation of areas of special scientific interest (ASSIs).
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Covers the disposal of PCBs and similar dangerous substances, and outlines measures for identification, registration and disposal.
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Sets the framework for legal controls on animal by-products.
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Establishes procedures and control regimes for shipping waste depending on its origin, destination and route, and the type of waste and treatment that will be applied.
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Details the regime for controlling and tracking the movement of hazardous waste.
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Amends 2005/300 in terms of offences and penalties.
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Introduces permits to create and operate a landfill, and sets out which categories of waste can be accepted at each class of landfill site. Also sets out a pollution control regime.
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Amends 2003/496 with details of what wastes can and cannot be accepted at particular landfill sites.
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Amends 2003/496 by changing duties of landfill operators, making it an offence to accept agricultural, mine or quarry waste, amends procedures for closing a landfill and requirements for hazardous waste landfill applications.
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Amends 2003/496 to update the criteria for granular and monoloithis waste to be accepted for landfill, plus monitoring and testing requirements.
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Amends 2003/496 to ensure that they apply to all landfill sites in Northern Ireland which closed after 16 July 2001.
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Requires the List of Wastes to be used when determining if a material or substance is waste or hazardous waste and for classifying and coding wastes for the waste control regime.
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Amends 2005/301 to correct minor errors.
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Sets out essential requirements for packaging which apply to packaging producers, sellers and distributors, including enforcement, offences and penalties.
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Amends 2003/1941 to update the definition of packaging.
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Amends 2003/1941 by substituting a new definition of ‘packaging’ and making indefinite the conditions for a derogation for glass packaging in relation to heavy metal concentration levels.
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Amends 2003/1941 by removing 4th March 2009 expiry date for the derogation (permission to carry out an otherwise banned activity) on maximum heavy metal concentration levels for plastic crates or pallets.
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Implements the Mining Waste Directive 2006/21/EC in Northern Ireland through the planning system. It requires planning permission for extractive waste sites and waste facilities and additional requirements for category A (high risk) waste facilities.
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Regulates waste on land, abandoned vehicles, noise nuisance, noise abatement zones, sulphur content of oil fuel used in furnaces and engines, cable burning, and pollution of the atmosphere and water. Other aspects have been revoked.
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Establishes a pollution control regime for certain installations or mobile plants. Sets out a permitting regime based on Best Available Techniques for regulating installations and activities.
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Imposes obligations on producers to recover and recycle prescribed products and materials, and related obligations to meet recovery and recycling targets when such products become waste.
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Requires producers to recover and recycle packaging waste to achieve EU targets.
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Amends 2007/198 by revising the requirements for accrediting an exporter of packaging waste.
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Amends 2007/198 to increase recovery and recycling targets.
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Amends 2007/198, establishing new waste recovery and recycling targets for 2011 and 2012, strengthening reporting provisions and making other technical changes.
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Establishes a system of authorisation and approval for shipping radioactive waste and spent nuclear fuel between member states and into and out of the EU.
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Sets out rules for shipping waste, including within the European Community and importing and exporting to and from countries outside the EC.
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Guidance on Transfrontier Shipment of Waste Regulations 2007
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Amends 2007/1711 by introducing new penalties for failing to provide proper documentation when exporting waste for recovery.
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Amends 1997/2778, including penalties, costs, forfeiture of vehicles, power to search and seize vehicles, registration requirements, enforcement powers and site waste management plans.
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Establishes a legal framework and schemes for collecting, treating and recycling portable, industrial and vehicle batteries. Applies to all types of batteries except when used for military and space equipment.
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Sets charges for small producers, battery compliance schemes, battery treatment operators and battery exporters to pay to the Department of the Environment under the Batteries and Accumulators Regulations 2009.
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Sets out exemptions from waste management licensing for storing waste batteries. Amends Landfill Regulations (NI) 2003 and Pollution Prevention and Control (Regulations)(NI) 2003/46 to ban automotive and industrial batteries from landfill or incineration.
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Sets out the waste management regime covering waste carrier registration and identifying and remedying contaminated land.
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Gives the DOE and district councils similar investigative, enforcement and clean up powers to deal with illegally dumped waste. Changes the legislative framework for management of land that has been contaminated by pollution.
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Aims to reduce the amount of WEEE sent to landfill. Requires producers of electrical and electronic equipment to register and cover the costs of collecting, treating, recovering and disposing of equipment when it reaches the end of its life.
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Amends 2006/3289 to encourage prioritising re-use of whole appliances in the WEEE system.
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Amends 2006/3289 by improving the Producer Compliance Scheme approval process and reducing the administrative burden on business by simplifying the data reporting requirements and the evidence system.
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Corrects a defect in 2009/2957 by requiring producers of electrical and electronic equipment for domestic use to report details quarterly, and annually for all other EEE.
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Amends 2006/3289 replacing ‘dangerous substance or preparation’ with ‘dangerous substance or mixture’ and (as from 1 December 2010 and 1 June 2015) substitutes new definitions of ‘dangerous substance or mixture’.
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Sets out DoE charges for approving compliance schemes and authorising treatment facilities.
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Amends 2003/493 by providing exemptions for waste electrical and electronic equipment recovery operations.
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Amends 2003/46, particularly on incineration and co-incineration of waste.
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Amends an error in 2003/390.
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Extends the regime for ‘controlled waste’ to bring mine, quarry and agricultural waste within waste management control. Categorises waste as household, industrial or commercial.
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Amends 2003/493, adds exemptions for ash from incinerating pig or poultry carcasses, dredgings from ditches, mushroom compost and pesticide disposal. Removes exemption for dark smoke caused by burning containers contaminated by pesticides.
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Covers applications for waste management licences, which authorise the deposit, disposal and treatment of controlled waste. Includes conditions on the use of certain mobile plant.
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Guidance on Waste Management Licensing (Northern Ireland) Regulations 2003
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Amends 2003/493 to change the regime of waste management licensing exemptions in Northern Ireland to ensure compliance with the Hazardous Waste Directive.
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Requires businesses to apply the waste management hierarchy, introduces a two-tier system for waste carrier, broker and dealer registration, establishes waste prevention programmes and amends other legislation.
