Article 6(4) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (“the 1997 Order”) allows the Department to impose on a waste management licence conditions which require the licence holder to carry out works or do other things notwithstanding that he is not entitled to do so. Articles 10(1) and (2)(a), 12(8) and 16(7) of the 1997 Order, allows the Department to impose similar conditions when modifying the conditions of, or suspending, a waste management licence. Where such a condition is imposed, any person whose consent would be required before the works, etc. could be carried out must grant to the licence holder, or join in granting, such rights as will enable him to comply with the condition.

The purpose of this Regulation is to ensure that affected landowners must be consulted, in advance, if the conditions on a waste management licence have the effect of forcing them to grant rights over their land to a waste site operator. In addition, the Regulations also provide for people who grant such rights in relation to their land, to secure fair compensation for loss and damage caused as a result, as well as provide the basis on which the amount of compensation is to be assessed.

This Regulation will come into operation on 19th May 2008.

The full text of the Regulation can be accessed from:
http://www.opsi.gov.uk/sr/sr2008/nisr_20080160_en_1

Source: www.opsi.gov.uk (accessed 01/05/08)

This entry was posted on Thursday, May 29th, 2008 at 1:59 pm and is filed under Environmental News. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.