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(1) These Regulations may be cited as the Controlled Waste (Duty of Care) (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 9th August 2004.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
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(1) The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 shall be amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation) for the definition of “European Waste Catalogue” there shall be substituted –“
 “European Waste Catalogue” means the list of wastes set out in the Annex to Commission Decision 2000/532/EC, as for the time being amended;”.
(3) In regulation 2(2)(a) (transfer notes) for “categories” substitute “codes”.
(4) In the Table in regulation 2, after the second entry in column 1 insert –“
 A person who is the holder of an authorisation under Article 6 of the Industrial Pollution Control (Northern Ireland) Order 1997 in so far as such authorisation concerns controlled waste for the purposes of Article 5 of the 1997 Order.”.
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(1) Article 5(3) (duty of care, etc., as respects waste) of the Waste and Contaminated Land (Northern Ireland) Order 1997 shall be amended as follows.
(2) In sub-paragraph (d) delete “and”.
(3) After sub-paragraph (e) add—“
(f) any person who is the holder of an authorisation under Article 6 of the Industrial Pollution Control (Northern Ireland) Order 1997 in so far as such authorisation concerns controlled waste for the purposes of this Article; and
(g) any person who is the holder of a permit under regulation 10 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 which authorises the carrying out of a specified waste management activity within the meaning of those Regulations.”.
Sealed with the Official Seal of the Department of the Environment on 28th June 2004.
Felix Dillon
A senior officer of the
Department of the Environment
