Environmental Legislation and Regulations (as at Sept 2012)
This document describes the general legislation and regulation applicable to your organisation. Please complete the section which shows the
existence of permits and authorisations that are specific to your organisation. Note: this is not a Register of Legislation and will require regular
updates.
Legislative Act
Details
Relevance to
Organisation
The Order contains provisions relating to the control of
grit, smoke and dust. The Order prohibits, subject to
conditions, emissions of dark and black smoke from
chimneys serving boilers and industrial plant. Controls the
release of dark smoke from chimneys from industrial and
trade premises. It can also regulate chimney height, and
grit, dust and fumes from non-domestic furnaces.
Dark smoke is defined as that which is as dark as, or
darker than, shade 2 of the British Standard Ringlemann
Chart. The Chart consists of a white card with printed
black grids, where a known percentage of white is
obscured. Shade 2 is dark smoke, giving 40 per cent
obstruction, and Shade 4 is black smoke giving 80 per
Ensure that no black
or dark smoke is
emitted from the
premises by:
 Regularly
servicing boilers
and vehicles
 Ensuring no
waste is burnt on
site
 Use appropriate
fuels for boilers
Checks to be made
for Legal Compliance
Control / Compliance
Measures
Air Quality
Clean Air (NI)
Order 1981
(Including
amendments up
to 2004)
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Procedure for
Managing Legal
Compliance (and
Other Requirements)
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Legislative Act
Details
Relevance to
Organisation
cent obstruction.
The Order also sets out procedures under which local
authorities may establish and enforce smoke control
areas.
There is a requirement that all new furnaces are to be
smokeless as far as is practicable.
In addition to chimney emissions, the dark smoke
prohibition is extended by section 2 to cover emissions of
dark smoke from any industrial or trade premises even
though not from a chimney. Unless the contrary is proved,
an emission of dark smoke is deemed to have taken
place if material is burned on those premises in
circumstances where the burning would be likely to give
rise to emission of dark smoke. Relevant exemptions
include training in fire fighting. It is no defence that the
dark smoke did not reach beyond the site’s boundaries so
as to cause a nuisance to neighbours.
Section 12: Information about furnaces in a building and
the fuel being burned must be given to the Local Authority
within 14 days, on request.
Inform all staff about
the need to report
any black or dark
smoke being emitted
from the site.
Checks to be made
for Legal Compliance
Section 36: On notice, an occupier of premises must
provide information to the Local Authority about
emissions of pollutants to air at specified intervals, within
six weeks.
Section 4: Before installing a non-domestic furnace, the
local authority must be informed.
Sets out controls on smoke, dust and fumes, including
rules on chimneys, and introduces smoke control areas.
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
Clean Air (Emission of Dark Smoke) (Exemption)
Regulations 1981 340
Makes it an offence to emit dark smoke from industrial or
trade premises, with detailed exemptions. Sets conditions
for some burning. (Waste management licensing
legislation may apply to these activities too.)
Water Discharges and Sewerage
Control of
Pollution (Oil
Storage)
Regulations
(Northern
Ireland) As
amended 2011
SR 385
In Northern Ireland, the regulations will affect you if you
store more than 200 litres of oil of any kind above ground
at your premises. Companies who refine or distribute oil
will also need to comply unless they store more than
2,500 tonnes of oil and are regulated under the Control of
Major Accident Hazards (COMAH) Regulations.
These Regulations require a person having custody or
control of oil to carry out certain works and take certain
precautions and other steps for preventing pollution of
any water which are controlled waters for the purposes of
Part III of WRA 1991.
Facilities storing more than 200 litres of oil (in one or
more containers) above ground will need to have their oil
stored within a secondary containment system such as a
bund. The regulations apply to the storage of all types oil
(e.g. petrol, diesel, vegetable, synthetic and mineral oil),
but exclude waste oil.
Subject to paragraph (6) it shall have a capacity of not
less than 110% of the container’s storage capacity or, if
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The Oil Storage
Regulations aim to
ensure that you store
oil safely and
minimise the risk of
pollution incidents.
They can affect
industrial and
commercial
businesses,
institutional sites and
private dwellings, and
apply to oil stored in:





tanks
intermediate bulk
containers
oil drums
mobile bowsers
portable
containers in
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
there is more than one container within the system, of not
less than 110% of the largest container’s storage capacity
or 25% of their aggregate storage capacity, whichever is
the greater;
Water and
Sewerage
Services
(Northern
Ireland) Order
2006
SI 3336
Water (Northern
Ireland) Order
1999
(including
Imposes general requirements for preventing pollution of
controlled waters from oil storage, particularly fixed tanks,
mobile bowsers or transitional provisions. Makes
contravention a criminal offence.
The Water and Sewerage Services (Northern Ireland)
Order deals with the functions and duties of sewerage
undertakers, local authority responsibilities for water
supply, controls discharges to the sewerage system, and
the quality of water supplies.
Under the provisions of this Order, the discharge of trade
effluent to public sewer requires the consent or
agreement of the relevant water service company (i.e. the
relevant sewerage undertaken). Consents to discharge
will contain conditions relating to the volume and quality
of the effluent. (Under the order, water service
companies are empowered to levy trade effluent charges.
Establishes government-owned companies' obligations
for water supply, drinking water quality, trade effluent and
sewage disposal, water and sewerage charges and
customer service.
The Water Order is the principal legislation regulating
water quality and quantity in Northern Ireland. It prohibits
causing or knowingly permitting the discharge or other
entry of poisonous, noxious or polluting matters to
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Checks to be made
for Legal Compliance
Scotland, eg five,
ten or 20 litre oil
cans.
Identify where
trade
effluent
discharged to.
all
is
Permission should be
obtained
from
Northern
Ireland
Water
for
any
discharges of trade
effluent to sewers.
Any
discharge
consent
conditions
must be complied
with.
Identify where all
trade effluent is
discharged to.
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
amendments up
to 2004)
controlled waters. Businesses intending to discharge
such substances, or those discharging trade or sewage
effluent directly to controlled waters must obtain consent
to do this from the DOE (NI). Trade effluent includes "any
effluent which is discharged from premises used for
carrying on any trade or industry, other than surface
water and domestic sewage" and where surface water
"includes water from roofs".
If any effluent is
discharged from the
site (including
contaminated rain
water and wash
water) to controlled
waters, consent from
the NIEA must be
sought (this includes
storm drains).
Consents set conditions on the quality and quantity of
effluent permitted.
Revokes and replaces the Water Act (Northern Ireland)
1972 and makes provision for discharge consents.
Enables the DoE to set water quality objectives and
prevent pollution from anti-pollution works.
Checks to be made
for Legal Compliance
Conditions set by the
NIEA
must
be
complied with or the
company may be
liable for any pollution
caused.
If any person other than water undertaker, then they have
right to inspect the contents of these records and to take
copies. It is an offence to refuse the undertaker.
Water
Abstraction and
Impoundment
(Licensing)
Regulations
(Northern
Ireland) 2006
SI 662
These Regulations set out a control regime for the
regulating the abstraction of water from underground
strata or waterways and the construction, alteration or
operation of impounding works. Provision is made for
licence application for such activities and their
determination by the NIEA. Activities and processes that
abstract over 10m3 per day of surface, coastal or
groundwater will be required to notify NIEA. Abstractions
of over 20m3 per day will require licenses.
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Contact and inform
the
NIEA
if
abstracting
or
impounding
over
10m3 of water per
day. A licence may
be required if the
volume of water is
over 20m3 per day.
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Control / Compliance
Measures
Legislative Act
The Nitrates
Action
Programme
Regulations
(Northern
Ireland) 2010
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
Sets out a control regime for regulating the abstraction of
water from underground strata and waterways and for
constructing, alternating or operating impounding works.
The 2010 NAP Regulations came into operation on 1
January 2011 and apply to all farm businesses in
Northern Ireland
The land application of chemical fertiliser to any
land shall not be permitted from 15 September in
any year to 31 January of the following year for crops
other than grass unless there is a demonstrable crop
requirement between those dates. The land application
of organic manure, to a derogated holding shall not be
permitted from 15 October in any year to 31 January of
the following year where the fertiliser plan indicates a
proposal to disturb the soil as part of grass cultivation.
The land application of nitrogen fertiliser shall not be
permitted when—
(a) soil is waterlogged;
(b) land is flooded or likely to flood;
(c) the soil has been frozen for 12 hours or longer in
the preceding 24 hours;
(d) land is snow-covered;
(e) heavy rain is forecast within 48 hours; or
(f) the land is steeply sloping land and where, taking
into account factors such as proximity to
waterways,
soil condition, ground cover, rainfall and, in the
case of land other than grassland, the time taken
to
incorporate
organic
manure,
there
is
a
significant risk of causing water pollution.
(3) The land application of nitrogen fertiliser shall not be
permitted on any land in a location or manner which
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Control / Compliance
Measures
Legislative Act
Groundwater
Regulations
(Northern
Ireland) 2009
(including
amendments up
to 2011) SR
254/211
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
would make it likely that the nitrogen fertiliser will directly
enter a waterway or water contained in any underground
strata.
(4) The
land application of chemical
fertiliser
shall not be permitted within
2 m
of any
waterway.
(5) The land application of organic manure shall not be
permitted within—
(a) 20m of lakes;
(b) 50m of a borehole, spring or well;
(c) 250m of a borehole used for a public water supply;
(d)
15m of exposed, cavernous or karstified,
limestone features (such as swallow-holes and collapse
features); or
(e) 10m of any waterway, other than lakes, including
open areas of water, open field drains or any drain
which has been backfilled to the surface with
permeable material such as stone/aggregate; except
that
(f) the distance for (e) may be reduced to 3m of any
waterway where the land has an average incline less than
10% towards the waterway and where
Introduces classification systems in line with EU
developments, makes it an offence to discharge listed
substances without an authorisation, controls issuing and
reviews of authorisations and consents. Covers
enforcement, codes of practice and penalties.
2011 amendments allow the storage of carbon dioxide in
geological formations which for natural reasons are
permanently unsuitable for other purposes.
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
Waste Management
Controlled
Waste (Duty of
Care)
Regulations NI
(including
amendments up
to 2004)
SR 271/277
The Controlled Waste (Duty of Care) Regulations
(Northern Ireland) create a legal responsibility (duty of
care) for waste and require all producers, carriers and
managers of waste to use waste transfer notes when
moving waste.
The regulations require anyone who sends or receives
waste to complete and sign a waste transfer note. The
waste transfer note must include:






a description of the waste, including the quantity and
appropriate category in the List of Wastes Regulations
(NI) 2005
how the waste is stored
the time and place of transfer
the name and address of the waste producer and the
waste carrier
whether the person transferring the waste is the
producer or importer of the waste
the reason for the transportation of the waste.
Different regulations apply to the handling of hazardous
waste.
2004 amendments changed the codes used on waste
transfer notes to the European Waste Catalogue codes.
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All wastes must be
kept in suitable
containers and in
such a manner as not
to allow waste to
escape and cause
pollution.
Waste must not be
allowed to
accumulate for more
than one year.
Transfer Notes must
be fully and
accurately completed
for controlled waste
and retained for 2
years.
Season tickets if
used must be
retained for two
years.
Ensure that all waste
carriers are
appropriately
licensed (the NIEA
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Control / Compliance
Measures
Legislative Act
Waste and
Contaminated
Land (Northern
Ireland) Order
1997 (including
updates from
the waste and
contaminated
land
amendment act
2011)
Details
Relevance to
Organisation
This order makes provision for land contaminated by
pollution, for the control of use, supply or storage of
prescribed substances and articles and provides powers
for obtaining information about potentially hazardous
substances.
Part II of the order sets out waste management and
disposal requirements that affect all companies producing
controlled waste. It makes it an offence to treat, keep or
dispose of controlled waste without a waste management
licence or “in a manner likely to cause pollution of the
environment or harm to human health”. A waste
management licence is required for the deposit, keeping,
treatment or disposal of controlled waste in, or on, land.
Waste must only be disposed of to a contractor who holds
a valid Waste Management Licence and to a carrier
registered to carry waste. The producer and keeper of the
waste has a 'duty of care' to ensure compliance with
regulatory requirements
Part II of the order introduces statutory duty of care for all
those producing or dealing with waste. All waste
producers must follow the duty of care, under which they
must take all reasonable steps to ensure that:
waste consigned to a disposal contractor or transporter is
accompanied by a detailed, written description containing
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Checks to be made
for Legal Compliance
website has a
register of all
registered waste
carriers).
Main sites collecting
wastes from other
parties must hold a
WML or an
exemption and will
comply with the
condition set out.
Site managers must
prove to be
technically
competent.
All reasonable
precautions must be
taken to ensure that
the waste cannot
escape and members
of the public are
unable to gain access
to the waste.
Company must be
reassured that any
Waste Management
Facility
used
to
dispose of waste is
correctly
licensed,
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
necessary information for the safe handling, treatment
and disposal of the waste
waste is consigned only to authorised persons, i.e.
registered waste carriers, licensed waste contractors,
local authority waste collectors, or persons dealing with
waste in ways that are exempt from licensing
waste is securely contained to prevent it from escaping to
the environment during both storage and transit
appropriate measures are taken to ensure that others
involved in the handling and disposal of the waste do so
in accordance with the law.
preferably
by
obtaining a copy of its
waste management
license.
Part II of the order states that the district council may
supply receptacles for commercial or industrial waste
which was requested for the council to collect at a
reasonable charge. If any waste, commercial or industrial,
which is not stored in a receptacle and likely to cause a
nuisance or be detrimental to that area the council may
serve a notice to the require the occupier to provide
receptacles for the storage of waste.
2011 amendments 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.
Waste (Northern Requires businesses to apply the waste management
Ireland)
hierarchy, introduces a two-tier system for waste carrier,
Regulations
broker and dealer registration, establishes waste
2011 SR 127
prevention programmes and amends other legislation.
List of Wastes
These Regulations came into force on 16 July 2005 and
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If
receiving
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
Regulations
(Northern
Ireland) as
amended 2005
SR 301/462
apply to Northern Ireland only. Schedule 1 of the List of
Wastes Regulations (Northern Ireland) SR 2005/301,
essentially reproduces the list of wastes set from Decision
2000/532/EC, which contains the current version of the
European Waste Catalogue
providing
waste
transfer notes ensure
that each has a
correct
Waste
Catalogue Number.
Waste
Management
Licensing
Regulations (NI)
2003 (including
amendments up
to 2011)
SR 493/403
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.
Under the Waste and Contaminated Land Order, the
deposit, keeping, treatment or disposal of controlled
waste on land requires a waste management licence
subject to various exemptions, which include the
temporary storage of waste, pending its collection, on the
site where it is produced. In the case of special waste, the
exemption applies if it is stored on site for no more than
twelve months, it is stored in a secure container and the
total volume of the waste does not exceed 23,000 litres.
Managers of a Waste Management facility (including
those holding an exemption) must be ‘Technically
Competent’.
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.
The 2009 amendment SR76 Amends 2003/493 to change
the regime of waste management licensing exemptions in
Northern Ireland to ensure compliance with the
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Checks to be made
for Legal Compliance
Main sites collecting
wastes from other
parties must hold a
WML or an
exemption and will
comply with the
condition set out.
Site managers must
prove to be
technically
competent.
All reasonable
precautions must be
taken to ensure that
the waste cannot
escape and members
of the public are
unable to gain access
to the waste.
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
Hazardous Waste Directive
The 2011 amendment 403 Amends 2003/493 to provide
for an exemption for the landspreading of sludges from
on-site effluent treatment of waste from abattoirs and
meat and processing plants, following "conventional
treatment" or "enhanced treatment".
Producer
Responsibility
Obligations
(Packaging
Waste)
(Amendment)
Regulations
(Northern
Ireland) 2008
(including
amendments up
to 2010)
These Regulations place controls on certain businesses
involved in the packaging supply chain to recover and
recycle packaging waste.
Businesses are obligated if:
 they have an annual turnover of greater than £2
million per annum AND
 they handle more than 50 tonnes of packaging
annually AND
 they perform at least one of the activities specified
below.
Obligated activities within the 'Packaging chain' are:
 Manufacture of packaging raw materials e.g. the
manufacture of plastic powder flakes
 Converting materials into packaging e.g.
converting plastic granules into rolls of film
 Using packaging to pack products e.g. stacking
goods onto a pallet and wrapping them in film
 Selling packaging to the final consumer e.g.
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Company must be
reassured that any
Waste Management
Facility
used
to
dispose of waste is
correctly
licensed,
preferably
by
obtaining a copy of its
waste management
license.
These Regulations
apply to companies
which handle 50 or
more tonnes of
packaging a year and
have a turnover
greater than £2
million.
Obligated businesses
must:

Either register
directly with NIEA
or join an
approved
compliance
scheme and
submit data on
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Control / Compliance
Measures
Legislative Act
Details

Relevance to
Organisation
selling a product in a plastic tray
Importing of packaging or packaging materials into
the United Kingdom.
Amends 2007/198 to increase recovery and recycling
targets.
2010 amendment 396 amends 2007/198, establishing
new waste recovery and recycling targets for 2011 and
2012, strengthening reporting provisions.
The Hazardous
Waste
Regulations (NI)
2005 SR 300
(as amended
2005) SR 461
The purpose is to provide a more effective system of
control over hazardous waste from the time the waste is
produced to the time of its final destination for disposal or
recovery (cradle to grave approach).
NIEA should be pre-notified of any transfer of Hazardous
Waste at least three clear working days (but not more
than one month) before the waste is removed from the
premises (subject to exemptions).
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for Legal Compliance
packaging
handled
Recover and
recycle specified
tonnages of
packaging waste
Certify that their
obligations have
been met
If their main
activity is that of
seller, inform
customers of their
role in increasing
recovery and
recycling as well
as the return,
collection and
recovery systems
available to them.
Store hazardous
waste in leak-proof
containers.
Accurately complete
consignment notes
for waste collected by
and disposed by the
business.
Retain consignment
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
A consignment note system must be used, and records of
consignment notes must be kept for three years. In
addition to this where there will be more than one waste
carrier a schedule of carriers must be completed.
Consignees (producers) are required to keep an inventory
of the hazardous wastes held on site.
Checks to be made
for Legal Compliance
notes for 3 years
Appropriately
package and label
hazardous waste inaccordance with
necessary
requirements.
Do not mix
hazardous waste
types.
Details the regime for controlling and tracking the
movement of hazardous waste.
Amendment 461 amends 2005/300 in terms of offences
and penalties.
Implementation of the revised Waste Framework
Directive has brought some changes to the Hazardous
Waste Regulations. These changes have been brought in
by the Waste Regulations (Northern Ireland) 2011.
The major changes to the way hazardous waste is
managed are listed below and came into effect on 8 April
2011:
1. Mixing of hazardous waste can only be carried out
if you hold an appropriate permit allowing you to
do this and the activity must comply with Best
Available Techniques (BAT).
2. A new hazardous property (H13 sensitizing) has
been introduced and will need to be used when
assessing hazardous waste.
3. There are new duties on dealers and brokers of
hazardous waste to keep records.
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
The following changes will come in on 8 October 2011:
 the consignment note will be amended
 the waste hierarchy must be considered and
applied in a priority order when hazardous waste
is transferred
Controlled
Waste
(Registration of
Carriers and
Seizure of
Vehicles)
Regulations
1999
Landfill
Regulations
2003 SR 496
(including
amendments up
to 2011) SR 101
The Regulations established a registration scheme for
waste carriers and make it a criminal offence to transport
waste without being registered. The Regulations also
enable the regulating agency to apply for a warrant to
seize any vehicle believed to have been used for flytipping.
Certain exemptions apply: Companies can move their
own waste without requiring a license. Council waste
collection services and certain charitable organisations
are exempt.
Details the system for registering carriers of controlled
waste and for seizing vehicles used for the illegal disposal
of waste.
These regulations set the charges for waste producers to
pay if disposing of waste to landfill.
There are two rates for landfill tax:


The standard rate is £64 per tonne from 1 April 2012
to 31 March 2013 and will increase to:
o £72 per tonne on 1 April 2013
o £80 per tonne on 1 April 2014
Lower rate for inactive waste, such as rocks and soil:
£2.50 per tonne.
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If the company is to
collect waste from
other parties they are
required to register
with the NIEA under
these regulations.
The landfill site
operator is
responsible for
paying landfill tax.
However, operators
will pass the cost on
to businesses and
local councils on top
of normal landfill
fees. VAT is charged
on the landfill fees
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Control / Compliance
Measures
Legislative Act
Details
Relevance to
Organisation
Checks to be made
for Legal Compliance
and the landfill tax.
This means that if you have to send waste to landfill you
may be able to save money by separating your different
types of waste first.
Details the requirements to operating or intending to
operate more than one landfill site and repercussions of
not complying to requirements result in a penalty of £25
Amendment SR 297 amends 2003/496 with details of
what wastes can and cannot be accepted at particular
landfill sites.
Amendment SR 179 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.
Amendment 101 amends 2003/496 to ensure that they
apply to all landfill sites in Northern Ireland which closed
after 16 July 2001.
Waste Electric
and Electronic
Equipment
Regulations (NI)
2006 SI 3454
(including
amendments up
to 2010) SI
Requires producers (burden also on importers in Ireland)
to be responsible for the financing of the collection,
treatment, recovery and environmentally sound disposal
of WEEE.
You will need to
comply
with
the
WEEE Regulations if
you:
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,

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manufacture
or
import electrical
or
electronic
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1155
recovering and disposing of equipment when it reaches
the end of its life.

Amendment 3454 amends 2006/3289 to encourage
prioritising re-use of whole appliances in the WEEE
system.

Amendment 3216 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.
Litter (Northern
Ireland) Order
1994

equipment
distribute
electrical
or
electronic
equipment
generate
any
electrical
or
electronic waste
collect electrical
or
electronic
waste from your
customers
for
treatment
or
disposal
operate a waste
treatment facility
export electrical
or
electronic
waste.
Amendment 1155 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'.

The Order makes provision for open air land to be kept
clean and clear of litter, through litter abatement notices
and street litter control notices.
Waste should not be
allowed to escape
from your site.

Checks to be made
for Legal Compliance
Sets out DoE charges for approving compliance schemes
and authorising treatment facilities.
Details that anyone who throws, drops or deposits into or
from open air or causes defacement in any way is guilty
of an offence.
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Waste Batteries
and
Accumulators
Regulations
2009
SI 890
Established a legal framework and schemes for
collecting, treating and recycling portable, industrial and
vehicle batteries. Applies to all type of batteries except
when used for military and space equipment
The disposal of waste
industrial and
automotive batteries
in landfill and by
incineration is
banned.
Treatment and Disposal: 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.
Checks to be made
for Legal Compliance
If you buy new
industrial batteries,
the battery producer
will take back your
waste batteries.
If you are not
replacing waste
batteries you can
contact the original
producer and find out
the arrangements for
returning waste
batteries.
Recycling automotive
batteries
The End Of Life
Vehicles
Regulations (As
amended) 2010
SI 1094
The Directive aims to reduce the environmental impact of
vehicles when they are scrapped by stipulating certain
vehicle design features. Use of lead, mercury, hexavalent
chromium and cadmium is restricted in new vehicles
placed on the market after 1 July 2003 and replacement
parts for those vehicles. However, there is recognition
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Checks to be made
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that for some components/materials there is no suitable
alternative material available, and so the Directive
contains an Annex (Annex II) listing specific materials and
components where the four restricted substances may
still be used (in some cases adding specific numerical
limits and/or end dates when the exemption will expire).
Improved environmental standards for vehicle dismantlers
have been introduced in the UK. These include new site
standards, requirements to de-pollute vehicles at the start
of the treatment process and recovery/recycling targets of
85% (by 2006) and 95% (by 2015). Each UK vehicle
producer is required to put in place an accessible network
of facilities where last owners of its vehicles are able to
have their ELV treated free of any charge; at these
facilities the obligation is with the vehicle producer to
ensure that the recovery/recycling target is met
The
Transfrontier
Shipment of
Waste
Regulations
2007 (As
amended 2008)
Amendment 1094 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.
The Transfrontier Shipment of Waste Regulations set out
rules to control the movement of waste into, out of, or
through the UK. They also set out offences and penalties
for non-compliance and appoint the competent authorities
for shipments of waste. The regulations prevent the
import and export of waste, to and from the UK, that could
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Checks to be made
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damage human health or the environment.
The regulations set three levels of control for different
types of waste: prohibited, green list and notification
controls.
Notification controls apply to all imports and exports of:



hazardous waste being moved for recovery;
any type of waste being moved for disposal; and
some shipments of non-hazardous wastes to listed
countries.
To ship these types of waste you need written permission
from your environmental regulator and must comply with
a range of other requirements.
Green list controls are the lowest level of control and
apply to some imports or exports of non-hazardous waste
for recovery.
You do not require your regulator’s written permission to
ship this kind of waste, but:


If you are sending the waste you must ensure that it is
accompanied by your regulator’s form for green list
wastes; and
If you are receiving the waste, you must sign and
keep a copy of this form for three years.
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Details
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Organisation
2008 amendments amends 2007/1711 by introducing
new penalties for failing to provide proper documentation
when exporting waste for recovery.
Energy Legislation
Climate Change The Climate Change Levy (or CCL) is imposed on the
Levy (General)
use of energy by industrial, commercial and agricultural
Regulations As
users, and by the public sector, and is intended to reduce
amended 2003
the UK carbon dioxide emissions. Electricity generated
from renewable sources of power and by efficient CHP
schemes is exempt from the levy. Certain energyintensive industrial sectors enjoy a reduced rate of CCL
(up to 80%). Natural gas is exempt from CCL in Northern
Ireland for the first five years.
Current Rates are:
0.43p/kWh (pence per kilowatt-hour) for electricity;
0.15p/kWh for gas (from 2006);
1.17 p/kilogram for coal;
0.96 p/kilogram for LPG.
CCL Target 12.5% (2010).
CRC Energy
Efficiency
Scheme Order
2010
(Including
amendments up
This amendment makes provision for coal mine methane
to be regarded as a renewable source for the purposes of
the
climate change levy exemption for electricity from
renewable sources.
The CRC Energy Efficiency Scheme (CRC) is a new
regulatory incentive to improve energy efficiency in large
public and private sector organisations. It is a mandatory
scheme that aims to improve energy efficiency and
reduce
the amount of carbon dioxide (CO2) emitted in the UK.
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Checks to be made
for Legal Compliance
Charges incurred
through the use of
energy generated
from non-renewable
sources.
Those who use
between 3000 – 6000
MWh no longer have
to provide information
to the administrator
under the order.
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Organisation
to 2011)
This is vital to achieving our overall targets of reducing
greenhouse gas emissions by 2050 by at least 80%
compared to the 1990 baseline.
Checks to be made
for Legal Compliance
Annual reports are
now required in each
year of a phase.
CRC will affect large organisations in both the public and
private sector. Organisations that meet the qualification
criteria, which are based on how much electricity they
were supplied in 2008, will be obliged to participate in
CRC.
Participating organisations will have to monitor their
emissions and purchase allowances, initially sold by
Government, for each tonne of CO2 they emit. The more
CO2 an organisation emits, the more allowances it has to
purchase.
Fluorinated
Greenhouse
Gases
Regulations
(Northern
Ireland) 2009
2011 amendment 234 amends 2010/768 by extending
phase one of the trading scheme to 1 April 2014.
Reduces the second and sixth phases from seven to six
years. The second phase will start on 1 April 2013. Each
phase will overlap the previous phase by one year
instead of two.
F-gases are a family of gases containing fluorine. They
are often used as a replacement for ODS. F-gases are
powerful greenhouse gases that trap heat in the
atmosphere and contribute to global warming. Their use
is strictly regulated. Common uses for F-gases include
refrigeration and air-conditioning equipment, aerosols,
solvents, foam blowing agents, firefighting fluids and high
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voltage switch gear.
If you own or operate stationary refrigeration or airconditioning equipment or firefighting and fire protection
systems that contain F-gases you must :



Make every effort to prevent, minimise and repair
leaks;
Use appropriately trained personnel to carry out
installation, servicing and maintenance; and
Recover f-gases during servicing, maintenance and at
the end of the equipment’s life.
If your system contains 3kg or more of F-gases, or 6kg or
more if it is labelled as hermetically sealed, you must: test
for leaks at least once a year. If your stationary system,
of any type, contains 30kg or more of F-gases you must
test for leaks at least once every six months (12 months if
leakage detection system installed). If your stationary
equipment contains 300kg or more of F-gases you must
fit an automatic leak detection system. This must be
tested at least once a year. Records about your
equipment, including service history must be kept.
Those systems containing F-Gases, placed on the EU
market since 1 April 2008, must have a label with the text
“Contains fluorinated greenhouse gases covered by the
Kyoto Protocol” and must also indicate the type and
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amount of the F-Gas.
Other Legislation
Health and
Safety at Work
Act 1974
Control of
Substances
Hazardous to
Health
Regulations
(Northern
Ireland) 2003
SR 2003/34
Pollution
Prevention and
Control
(Amendment
No.2)
Regulations
(Northern
Ireland) 2011
SR 402
These regulations require employers to make an
assessment of the risks to health which arise from
exposure to hazardous substances in the circumstances
of their own work activities. Measures to prevent or
control exposure to those substances and any further
precautions necessary to protect people's health must be
established.
Requires employers to assess risks, prevent or control
exposure to hazardous substances, and monitor
employees' exposure.
These Regulations establish a regime for the control of
industrial and all other installations that have a
considerable impact on the environment. The main
purpose of PPC is to develop a more integrated approach
to controlling pollution from industrial sources and
achieve a high level of protection of the environment as a
whole through reducing emissions into the air, water and
land. The installations and activities carried out under
PPC are classified as either A, B or C installations. Part A
are the most polluting and are subject to integrated
pollution control by a Chief Inspector. Those classed as
B are subject to air pollution control by the Chief Inspector
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Many such
hazardous
substances can also
have a detrimental
effect on the
environment. Obtain,
keep and follow the
requirements of
Material Safety Data
Sheets.
If applicable,
company is required
to ensure that any
process operating
within the IPPC
Regulations is
operating within the
consent
considerations placed
upon it.
The regulations
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and those classed as C are subject to air pollution control
by district councils.
establish a pollution
control system to
regulate industrial
activities and other
installations that have
a major impact on the
environment. They
aim to reduce
pollution by
monitoring business
activities that cause
pollution.
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.
Checks to be made
for Legal Compliance
The regulations apply
to businesses and
individuals involved in
the operation of
installations or mobile
plant, including:





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energy industries
production and
processing of
metals
mineral industries
chemical
industries
waste
management.
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These installations
and mobile plant
activities are
classified as either A,
B or C installations.
Part A are the most
polluting and are
subject to integrated
pollution control by
the Chief Inspector of
the Northern Ireland
Environment Agency
(NIEA).
The Planning
(Hazardous
Substances)
(Amendment)
Regulations
(Northern
Ireland) 2010
These regulations give effect in Northern Ireland to the
land use planning requirements on the control of majoraccident hazards involving dangerous substances.
The legislation aims to prevent major accidents and limit
the consequences of such accidents for people and the
environment. It applies to establishments where specified
dangerous substances, or generic categories of
dangerous substances, are present at or above qualifying
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XXX
Part B and C are
subject to air pollution
control. Part B are
controlled by the
Chief Inspector and
Part C by local
councils.
The legislation
applies only to sites
where dangerous
chemical substances
and preparations are
present above
defined thresholds.
The sites affected by
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Measures
Legislative Act
Environmental
Liability
(Prevention and
Remediation)
Regulations
(Northern
Ireland) 2009
Details
Relevance to
Organisation
quantities listed in the Directive. The land use planning
requirements of the Directive were implemented in
Northern Ireland by the Planning (Control of MajorAccident Hazards) Regulations (Northern Ireland) 2001
(“the 2000 Regulations”). The main obligations arising
under the Directive relate to health and safety and
environmental measures. These are implemented
through Regulations prepared by the Health and Safety
Executive for Northern Ireland (“HSENI”).
the amendments are
operated by
businesses in the
chemical, petroleum,
electricity and water
supply sectors and
those involved in the
manufacture and
storage of explosives.
These regulations will
affect all businesses
which currently hold
or propose to hold
substances at or over
the thresholds
defined in the
Directive.
Checks to be made
for Legal Compliance
Brings into force rules to force polluters to prevent and
repair damage to water systems, land quality, species
and their habitats and protected sites. The polluter does
not have to be prosecuted first, so remedying the damage
should be faster
The regulations apply to both imminent threats and actual
cases of damage. Where these arise, those responsible
must take immediate action to prevent damage occurring,
or remediate damage where it does occur. The
regulations seek to ensure that action is taken to put
damage right rather than to penalise those responsible.
They are based on the polluter pays principle, requiring
those responsible to meet the cost of preventative and
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Organisation
Checks to be made
for Legal Compliance
remedial measures. For significant cases of damage to
protected species and natural habitats and to water, the
Regulations introduce a new approach to remediating
damage. They require that in addition to any measures
taken to return the environment to the condition it was in
before the damage occurred, measures should also be
taken to make amends for where the damaged
environment does not completely recover, and for the
loss of environmental resources and services pending
recovery. The onus is on the responsible party to take
action in the first place and to report relevant details to
the enforcing authority. The authority is responsible for
overseeing the effective operation of the regulations and
has power to take action and recover its costs. Existing
legislation that also addresses damage to the
environment remains in place. Those responsible for
damage will not be required to take the same measures
under the two separate regimes but will have to ensure
that the outcomes required by the regulations are
achieved.
The regulations only apply when something has gone
wrong and there is an imminent threat of or actual
damage within the scope of the regulations.
These were amended in 2011 to take into account the
storage of carbon dioxide in geological formations.
Control of
Asbestos
Regulations
These Regulations revoke and replace the Control of
Asbestos at Work Regulations (Northern Ireland 2003
(S.R. 2003 No. 33) and revoke and re-enact with
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Details
Relevance to
Organisation
(Northern
Ireland) 2007.
Last
amendment
June 2012
modifications, the Asbestos (Licensing) Regulations
(Northern Ireland) 1984 (1984 No. 205) as amended, and
the Asbestos (Prohibitions) Regulations (Northern
Ireland) 1993 (1993. No. 25) as amended. The
regulations impose duties on employers to ensure a
suitable and sufficient assessment is carried out as to
whether asbestos is or is liable to be present. If asbestos
is found to be present the regulations impose the
requirements of a written plan outlining measures to be
taken with regards to monitoring, location and
containment. No employers can carry out any work which
will expose their employees to asbestos unless a plan of
work has been made of that exposure, which, identifies
the type of asbestos, determines the nature and degree
of exposure which may occur, and sets out the steps to
be taken to prevent or reduce the exposure. A copy of
this assessment must be kept by the employer at the
place of work to which they relate.
Checks to be made
for Legal Compliance
No work with asbestos must be carried out unless a
licence is obtained, appropriate notification is made to
HSENI and information and training has been provided to
employees. The latest amendment to the regulations
amends regulation 8 of the 2007 Regulations. They
extend the provision for making representations or for
appealing by
persons aggrieved by decisions in relation to such
licences so that they apply to refusals of the licence, the
period of validity of the licences, the imposition of
conditions on licences and the refusal to vary licences as
well as to the variation and revocation of the licences.
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Organisation
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for Legal Compliance
The Health and Safety (Miscellaneous Amendments and
Revocation) Regulations (Northern Ireland) 2009 revokes
Paragraph 5 of Schedule 3 (Exceptions to the prohibitions
on the supply and use of chrysotile).
Control of Asbestos Regulations (Northern Ireland)
2012 SR 179
Revoke and replace the Control of Asbestos Regulations
(Northern Ireland) 2007 and the Control of Asbestos
(Amendment) Regulations (Northern Ireland) 2010, with
some modifications so that there is a consolidated set of
Asbestos Regulations. Bans the import, supply and new
use of asbestos. Requires employers to assess risks and
limit employees’ exposure. Also requires employers to
have the correct licence before working with asbestos
and to ensure that their employees have proper training.
The main changes relate to the scope of the exemption
set out in Directive 2009/148/EC on the protection of
workers from the risks related to exposure to asbestos at
work.
The
Environmental
Protection
(Disposal of
Polychlorinated
Biphenyls and
other
Dangerous
Imposes requirements that holders of PCB contaminated
equipment with a total volume greater than 5dm3 (5 litres)
or any other PCBs at a concentration greater than
0.005% (50ppm) are required to have registered with the
Northern Ireland Environment Agency by 31st July 2000.
Registered holders had to remove from use and dispose,
properly of all substances covered by the Regulations by
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Substances)
Regulations
(Northern
Ireland) 2000
31st December 2000. Those permitted to continue
holding stocks of PCBs etc. after these dates include
companies with transformers with PCBs in oil at
concentrations of 50-500 ppm (the transformer can
continue to be used until the end of its useful life).
Public Health
(Ireland) Act
1878 as
amended
Sections 107 to 127 as amended contain the principal
provisions dealing with a wide variety of nuisances which
can arise on public health and other grounds. Provision
is made for the serving of notices by sanitary authorities
requiring the abatement of nuisances and for access to
the courts for non-compliance with any notice served.
This covers odour nuisance.
Operations that have
potential to cause
nuisance
Pollution Control
and Local
Government
(Northern
Ireland) Order
1978
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. Where a statutory nuisance occurs
local authorities have the power to serve an abatement
notice on the person causing the nuisance. Failure to
comply with an abatement notice is an offence. This
order includes local authority powers for controlling noise
nuisance.
Operations that have
potential to cause
nuisance
Clean
The Clean Neighbourhoods and Environment Act
Neighbourhoods (Northern Ireland) 2011 contains a range of legislative
and
measures to improve the quality of the local environment
Operations that have
potential to cause
nuisance
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Checks to be made
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Control / Compliance
Measures
Environment Act by giving district councils additional powers to deal with
(Northern
litter, fly-posting and graffiti, dogs, noise, statutory
Ireland) 2011
nuisance, nuisance alleyways, abandoned and nuisance
vehicles and abandoned shopping trolleys.
The Act received Royal Assent on 4 May 2011
Disclaimer: ARENA Network which helped to compile this Register does not guarantee this list is exhaustive nor 100% accurate. Legal
compliance does and always will remain the responsibility of the client and not ARENA Network.
REGISTER REVIEW SCHEDULE
AS PER OUR PROCEDURE ENV-P04 FOR MANAGING LEGAL COMPLIANCE, WE WILL USE WHATEVER MEANS POSSIBLE TO ENSURE THIS
REGISTER IS UP-TO-DATE AND THEN RECORD THE DATE IT WAS REVIEWED AND A SUMMARY OF ANY CHANGES MADE BELOW. WE
WILL ALSO REVIEW OTHER REQUIREMENTS BY LOOKING AT CLIENT REQUIREMENTS, TRADE BODY REQUIREMENTS ETC. WE WILL ALSO
MAKE LEGAL COMPLIANCE CHECKS.
List of authorisations, consents and approval required by the applicable legislation
Check other areas for legislation, such as the business environmental guidance website NI Business Info and government agency the NIEA:
 NIBusinessInfo: Environment and efficiency
 NIEA
Date Reviewed)
Changes made if any to the Register
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