Northern Ireland Orders in Council

"the Department" means the Department of the Environment;

"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

    (3) For the purposes of this Order the "environment" consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.

    (4) For the purposes of this Order "pollution of the environment" means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.

    (5) For the purposes of this Order "harm" means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or harm to his property; and "harmless" has a corresponding meaning.

    (6) For the purposes of this Order "process" means any activities carried on in Northern Ireland, whether on premises or by means of mobile plant, which are capable of causing pollution of the environment and "prescribed process" means a process prescribed under Article 3(1).

    (7) In paragraph (6) - 

"activities" means industrial or commercial activities or activities of any other nature whatsoever (including, with or without other activities, the keeping of a substance);

"mobile plant" means plant which is designed to move or to be moved whether on roads or otherwise;

"Northern Ireland" does not include the waters beyond 3 international nautical miles seaward from the baseline from which the breadth of the territorial sea adjacent to Northern Ireland is measured.

    (8) For the purposes of this Order the "enforcing authority" is the chief inspector or the district council by which, under Article 5, the functions conferred or imposed by this Order otherwise than on the Department or the Secretary of State are for the time being exercisable.

    (9) For the purposes of this Order "authorisation" means an authorisation for a process (whether on premises or by means of mobile plant) granted under Article 6; and a reference to the conditions of an authorisation is a reference to the conditions subject to which at any time the authorisation has effect.

    (10) A substance is "released" into any environmental medium for the purposes of this Order whenever it is released directly into that medium and "release" includes - 

(a) in relation to air, any emission of the substance into the air;

(b) in relation to water, any entry (including any discharge) of the substance into water;

(c) in relation to land, any deposit, keeping or disposal of the substance in or on land;

and for this purpose "water" and "land" shall be construed in accordance with paragraphs (11) and (12).

    (11) In order to determine for the purposes of this Order into what medium a substance is released - 

(a) any release into - 


(i) the sea or the surface of the seabed,

(ii) any river, watercourse, lake, lough or pond (whether natural or artificial or above or below ground) or reservoir or the surface of the riverbed or of other land supporting such waters, or

(iii) ground waters,



is a release into water;

(b) any release into - 



(i) land covered by water falling outside sub-paragraph (a) or the water covering such land; or

(ii) the land beneath the surface of the seabed or of other land supporting waters falling within sub-paragraph (a)(ii),



is a release into land; and

(c) any release into a sewer (within the meaning of the Water and Sewerage Services (Northern Ireland) Order 1973) shall be treated as a release into water;

but a sewer and its contents shall be disregarded in determining whether there is pollution of the environment at any time.

    (12) In paragraph (11) "ground waters" means any waters contained in underground strata, or in - 

(a) a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or

(b) any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata.

(a) subject to sub-paragraph (b), such specific conditions as the enforcing authority considers appropriate, when taken with the general condition implied by paragraph (4), for achieving the objectives specified in paragraph (2);

(b) such conditions as are specified in directions given by the Department under paragraph (3); and

(c) such other conditions (if any) as appear to the enforcing authority to be appropriate;

but no conditions shall be imposed for the purpose only of securing the health of persons at work (within the meaning of Part II of the Health and Safety at Work (Northern Ireland) Order 1978).

    (2) Those objectives are - 

(a) ensuring that, in carrying on a prescribed process, the best available techniques not entailing excessive cost will be used - 


(i) for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and

(ii) for rendering harmless any other substances which might cause harm if released into any environmental medium;



(b) compliance with any directions by the Department given for the implementation of any obligations of the United Kingdom under the Community Treaties or international law relating to environmental protection;

(c) compliance with any limits or requirements and achievement of any quality standards or quality objectives prescribed by any Northern Ireland department under any of the relevant statutory provisions;

(d) compliance with any requirements applicable to the grant of authorisations specified by or under a plan made by the Secretary of State under section 3(5) of the Environmental Protection Act 1990.

    (3) Except as respects the general condition implied by paragraph (4), the Department may give directions to the enforcing authorities as to the conditions which are, or are not, to be included in all authorisations, in authorisations of any specified description or in any particular authorisation.

    (4) Subject to paragraphs (5) and (6), there is implied in every authorisation a general condition that, in carrying on the process to which the authorisation applies, the person carrying it on must use the best available technique not entailing excessive cost - 

(a) for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and

(b) for rendering harmless any other substances which might cause harm if released into any environmental medium.

    (5) In the application of paragraphs (1) to (4) to authorisations granted - 

(a) by the chief inspector in relation to a process designated for restricted central control, or

(b) by a district council,

references to the release of substances into any environmental medium are to be read as references to the release of substances into the air.

    (6) The obligation implied by virtue of paragraph (4) shall not apply in relation to any aspect of the process in question which is regulated by a condition imposed under paragraph (1).

    (7) The objectives referred to in paragraph (2) shall, where the process - 

(a) is one designated for integrated central control; and

(b) is likely to involve the release of substances into more than one environmental medium;

include the objective of ensuring that the best available techniques not entailing excessive cost will be used for minimising the pollution which may be caused to the environment taken as a whole by the releases having regard to the best practicable environmental option available as respects the substances which may be released.

    (8) An authorisation for carrying on a prescribed process may, without prejudice to the generality of paragraph (1), include conditions - 

(a) imposing limits on the amount or composition of any substance produced by or utilised in the process in any period; and

(b) requiring advance notification of any proposed change in the manner of carrying on the process.

    (9) This Article has effect subject to Article 28.

    (10) References to the best available techniques not entailing excessive cost, in relation to a process, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the process and the design, construction, lay-out and maintenance of the buildings in which it is carried on.

    (11) It shall be the duty of enforcing authorities to have regard to any guidance issued to them by the Department for the purposes of the application of paragraphs (2) and (7) as to the techniques and environmental options that are appropriate for any description of prescribed process.

    (12) In paragraph (2) "the relevant statutory provisions" are any statutory provisions contained in or made under - 

(a) Part II of the Water Act (Northern Ireland) 1972;

(b) section 2 of the European Communities Act 1972;

(c) Parts III and IV of the Pollution Control and Local Government (Northern Ireland) Order 1978;

(d) Article 7 of the Clean Air (Northern Ireland) Order 1981; and

(e) Article 4 of this Order.

(a) state the authority's opinion;

(b) specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;

(c) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and

(d) specify the period within which those steps must be taken.

(a) applications for authorisations made to that authority;

(b) the authorisations which have been granted by that authority or in respect of which the authority has functions under this Order;

(c) variation notices, enforcement notices and prohibition notices issued by that authority;

(d) revocations of authorisations effected by that authority;

(e) appeals under Article 15;

(f) convictions for such offences under Article 23(1) as may be prescribed;

(g) information obtained or furnished in pursuance of the conditions of authorisations or under any provision of this Order;

(h) directions given to the authority under any provision of this Order by the Department; and

(i) such other matters relating to the carrying on of prescribed processes or any pollution of the environment caused thereby as may be prescribed;

but that duty is subject to Articles 21 and 22.

    (2) The register maintained by a district council shall also contain prescribed particulars of such information contained in any register maintained by the chief inspector as relates to the carrying on in the district of the district council of prescribed processes in relation to which the chief inspector has functions under this Order; and the chief inspector shall furnish each district council with the particulars which are necessary to enable it to discharge its duty under this paragraph.

    (3) Where information of any description is excluded from any register by virtue of Article 22, a statement shall be entered in the register indicating the existence of information of that description.

    (4) The Department may give to enforcing authorities directions requiring the removal from any register of theirs of any specified information not prescribed for inclusion under paragraph (1) or (2) or which, by virtue of Article 22, ought to have been excluded from the register.

    (5) The Secretary of State may give to enforcing authorities directions requiring the removal from any register of theirs of any specified information which by virtue of Article 21 ought to have been excluded from the register.

    (6) It shall be the duty of each enforcing authority - 

(a) to secure that the registers maintained by them under this Article are available, at all reasonable times, for inspection by the public free of charge; and

(b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges;

(a) to contravene Article 6(1);

(b) to fail to give the notice required by Article 9(2);

(c) to contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;

(d) without reasonable excuse to fail to comply with any requirement imposed under Article 17;

(e) without reasonable excuse, - 


(i) to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an inspector in the execution of his powers or duties under Article 17; or

(ii) to prevent any other person from appearing before an inspector, or answering any question to which an inspector may require an answer, pursuant to Article 17(3);



(f) intentionally to obstruct an inspector in the exercise or performance of his powers or duties;

(g) to fail, without reasonable excuse, to comply with any requirement imposed by a notice under Article 19(2);

(h) to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made - 



(i) in purported compliance with a requirement to furnish any information imposed by or under any provision of this Order; or

(ii) for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;



(i) intentionally to make a false entry in any record required to be kept under Article 7;

(j) with intent to deceive, to forge or use a document issued or authorised to be issued under Article 7 or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;

(k) falsely to pretend to be an inspector;

(l) to fail to comply with an order made by a court under Article 26.

    (2) A person guilty of an offence under sub-paragraph (a), (c) or

    (1) of paragraph (1) shall be liable - 

(a) on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 3 months, or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

    (3) A person guilty of an offence under sub-paragraph (b), (g), (h), (i) or (j) of paragraph (1) shall be liable - 

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.

    (4) A person guilty of an offence under sub-paragraph (d), (e) or (k) of paragraph (1) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

    (5) A person guilty of an offence under sub-paragraph (f) of paragraph (1) shall be liable - 

(a) in the case of an offence of obstructing an inspector in the execution of his powers under Article 18 - 

(i) on summary conviction, to a fine not exceeding the statutory maximum;


(ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both;



(b) in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(a) the chief inspector shall not grant an authorisation under this Order if the Department certifies to him its opinion that the release will result in or contribute to - 


(i) pollution of any waters; or

(ii) a failure to achieve any water quality objective in force under Part II of the Water Act (Northern Ireland) 1972; and



(b) any authorisation that is granted shall, as respects such releases, include (with or without others appearing to the chief inspector to be appropriate) such conditions as appear to the Department to be appropriate for the purposes of this Order as the Department requires by notice in writing given to the chief inspector;

but the chief inspector may, if it appears to be appropriate to do so, make the authorisation subject to conditions more onerous than those (if any) notified to him under sub-paragraph (b).

(a) by the Department to a district council; or

(b) by a district council to the Department or another district council,

for the purpose of facilitating the carrying out by the Department of any of its functions under this Order or by any district council of any of its functions under this Order, and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this paragraph.

    (2) Nothing in this Article shall authorise the disclosure to a district council of information disclosure of which would, in the opinion of the Secretary of State, be, contrary to the interests of national security.

    (3) No information disclosed to any person under this Article shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this Article, or any other statutory provision which authorises or requires the disclosure, if that information is information - 

(a) which relates to a trade secret of any person or which otherwise is or might be commercially confidential in relation to any person; or

(b) whose disclosure otherwise than under this Article would, in the opinion of the Secretary of State, be contrary to the interests of national security.