
1 

(1) This Order may be cited as the Waste and Contaminated Land (1997 Order) (Commencement No. 7) Order (Northern Ireland) 2003.
(2) In this Order –
 “the 1978 Order” means the Pollution Control and Local Government (Northern Ireland) Order 1978;
 “the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997;
 “appointed day” means the day specified in Article 2; and
 “appropriate date” in relation to an appeal means the date on which –
(a) the period for appealing expires without an appeal being made;
(b) any appeal is withdrawn;
(c) the appeal is determined in a case where the appeal is dismissed; or
(d) effect is given to the determination of the appeal in a case where the appeal is allowed.
2 
The day appointed for the coming into operation of the provisions of the 1997 Order specified in the Schedule shall be 27th November 2003 save for the purposes of its application to an activity in respect of which on that date an appeal in pursuance of sub-paragraphs (a), (b), (c) or (d) of Article 12(1) of the 1978 Order (appeals to the Department of the Environment from decisions with respect to licences) is pending or where the period for making such an appeal has not expired.
3 
The provisions specified in the Schedule shall come into operation for the purpose of their application to an activity falling within Article 2, on the day immediately following the appropriate date in relation to the appeal in question.
Sealed with the Official Seal of the Department of the Environment on 27th November 2003.
Judena Goldring
A Senior Officer of the
Department of the Environment

SCHEDULE
Article 2


Provisions of the 1997 Order Subject Matter
Article 2(2) (in so far as it relates to the definitions of “licence”, “mobile plant licence”, “modifications”, “site licence”, “statutory provision”, “company” and “formed”), (4), (5) and (9) Interpretation
Article 3(1), (2), (3)(a) to the extent that it is not already in force, (3)(b) and (c), (4), (5) and (6) to the extent that it is not already in force Meaning of “fit and proper person”
Article 4(1)(a) and (b) and (5) and to the extent that they are not already in force (2) to (4) and (6) to (9) Prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste
Article 6(1) to (3) and (5) to (10) Waste management licences: general
Article 8 Grant of licences
Article 10(1) to (5) Variation of licences
Article 12(1) to (8) and (12) to (15) Revocation and suspension of licences
Article 13 Surrender of licences
Article 14 Transfer of licences
Article 15 Fees and charges for licences
Article 16 Supervision of licensed activities
Article 17 Appeals from decisions with respect to licences
Article 18 Offences of making false or misleading statements or false entries
Article 24 Payments for recycling and disposal, etc, of waste
Article 27 Power of Department to require waste to be accepted, treated, disposed of or delivered
Article 28 Powers to require removal of waste unlawfully deposited
Article 31 Waste other than controlled waste
Article 34(1) to (3) and (5) to (7) (to the extent that it is not already in operation) Public registers
Article 35 (to the extent that it is not already in operation) Exclusion from registers of information affecting national security
Article 36 Exclusion from registers of certain confidential information
Article 37 Annual reports
Article 43 (to the extent that it is not already in operation) Seizure and disposal of vehicles used for illegal waste disposal
Article 45(4) to (7) Provisions relating to legal proceedings and civil liability
Article 47(1) (to the extent that it is not already in operation) and (2) Transitional provisions with respect to licences
Article 75 (to the extent that it is not already in operation) Evidence in connection with certain pollution offences
Part I of Schedule 2 (in so far as it relates to appeals under Article 17) Appeals and decisions referred to the Planning Appeals Commission
Part II of Schedule 2 (in so far as it relates to appeals under Article 36) Appeals and decisions referred to the Planning Appeals Commission
Paragraphs 2 and 3 of Schedule 5 and Article 83(1) (in so far as it relates to those paragraphs) Amendments to the Pollution Control and Local Government (Northern Ireland) Order 1978
Paragraph 5 of Schedule 5 and Article 83(1) (in so far as it relates to it) Amendment to the Environmental Protection Act 1990
Paragraph 6 of Schedule 5 and Article 83(1) (in so far as it relates to it) Amendment to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992
Paragraph 8 of Schedule 5 and Article 83(1) (in so far as it relates to it) Amendment to the Industrial Pollution Control (Northern Ireland) Order 1997
The following repeals in Schedule 6 and Article 83(2) in so far as it relates to those repeals – Repeals
In the Pollution Control and Local Government (Northern Ireland) Order 1978 – 
Articles 3, 5 to 13, 16 and 18; 
in Article 36(1) the definitions of “disposal licence” and “relevant land”; 
Article 36(2) to (4); 
Article 85; 
in Article 86 the words “Subject to Article 18(4)”. 
Paragraphs 17 to 21, 23 and 24 of Schedule 3 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 
In Schedule 5 to the Planning (Northern Ireland) Order 1991, in the entry relating to the Pollution Control and Local Government (Northern Ireland) Order 1978, the words “7(2), 18(2)” 
Paragraph 18 of Schedule 12 to the Electricity (Northern Ireland) Order 1992 
In Schedule 6 to the Gas (Northern Ireland) Order 1996, the entry relating to the Pollution Control and Local Government (Northern Ireland) Order 1978 
In the Waste and Contaminated Land (Northern Ireland) Order 1997– 
in Article 43(1)(a)(i) the words from “or under” to “waste”; and 
in Article 72(12), in the definition of “enforcing authority” sub-paragraph (c) and in the definition of “pollution control statutory provisions” sub-paragraph (b)(ii) 