Environmental guidance for your business in Northern Ireland & Scotland

Land
Recently Added Legislation

2015

Nitrates Action Programme Regulations (Northern Ireland) 2014 SR 307

Sets out an action programme for the period 01 January 2015 to 31 December 2018 concerning the protection of waters against pollution caused by nitrates from agricultural sources. It also implements a European Commission Decision allowing derogation from a land application of 170kg of nitrogen per hectare per year (kg N/ha/year) of livestock manure up to 250kg N/ha/year from grazing livestock manure for farms which meet certain conditions.

Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2015 SR 369

Amend the Nitrates Action Programme Regulations (NI) 2014 in regard to penalties and the measures concerning land management and record keeping.

2017

Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007 SR421

Any person intending to alter the use or management of areas of uncultivated or semi-natural land must obtain prior approval from the Department of Agriculture, Environment and Rural Affairs (DAERA). DAERA will screen all such applications and any that are likely to have significant environmental effects will be requested to prepare an Environmental Impact Assessment before a decision on whether the project can go ahead is given. It is an offence to carry out any such work without prior permission from DAERA.

Environmental Impact Assessment (Forestry)(Amendment) Regulations (Northern Ireland)2017 SR86

 

Amend the EIA (Forestry) Regulations (NI) 2006. They increase the level of protection for the environment through the implementation in relation to forestry by Directive 2011/92/EU, as amended by Directive 2014/52/EU on the assessment of certain public and private projects on the environment.

Current Legislation

This page provides links to the full text of key pieces of Land environmental legislation that may affect your business in Northern Ireland. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Building Regulations (Northern Ireland) 2000 SI 389

Sets out specifications for new buildings; including fuel and power conservation, sound insulation, solid waste in buildings, combustion appliances and fuel storage systems.

Control of Noise (Codes of Practice for Construction and Open Sites) Order (Northern Ireland) 2002 SR 303

Approves four British Standards Institution codes of practice for appropriate methods of minimising noise and vibration from construction and open sites in Northern Ireland.

Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003 SR 319

Sets out conditions for making silage and storing slurry and fuel oil, with limited exceptions.

Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 SR 518

Sets out measures for forestry projects.

Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007 SR421

Any person intending to alter the use or management of areas of uncultivated or semi-natural land must obtain prior approval from the Department of Agriculture, Environment and Rural Affairs (DAERA). DAERA will screen all such applications and any that are likely to have significant environmental effects will be requested to prepare an Environmental Impact Assessment before a decision on whether the project can go ahead is given. It is an offence to carry out any such work without prior permission from DAERA.

Environmental Impact Assessment (Forestry)(Amendment) Regulations (Northern Ireland)2017 SR86

Amend the EIA (Forestry) Regulations (NI) 2006. They increase the level of protection for the environment through the implementation in relation to forestry by Directive 2011/92/EU, as amended by Directive 2014/52/EU on the assessment of certain public and private projects on the environment.

 

Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 SR 252

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.

Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2009 SR 361

Amends 2009/252 to update how warrants can be issued and enforced, give magistrates more flexibility in the fines they can apply for conviction and to clarify < that references to European legislation include any future amendments.

Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2011 SR 210

Amends 2009/252 to include the geological storage of carbon dioxide as an activity for which operators will be liable if environmental damage is caused.

Farm Nutrient Management Scheme (Northern Ireland) 2005 SR 5

Sets up a DARDNI grant scheme for providing and replacing facilities to store and collect farm animal waste and separate rain water.

Farm Nutrient Management (Amendment) Scheme (Northern Ireland) 2005 SR 407

Amends 2005/5 to increase the grant rate from 40% to 60%.

Groundwater Regulations (Northern Ireland) 2009 SR 254

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.

Landfill Allowances Scheme (Northern Ireland) Regulations 2004 SR 416

Assigns landfill limits to councils, sets out how to borrow and transfer limits between councils and how the scheme will be monitored by the NIEA.

Landfill Regulations (Northern Ireland) 2003 SR 496

Introduces permits to create and operate a landfill, and sets out which categories of waste can be accepted at each class of landfill site. Also sets out a pollution control regime.

Landfill (Amendment) Regulations (Northern Ireland) 2004 SR 297

Amends 2003/496 with details of what wastes can and cannot be accepted at particular landfill sites.

Landfill (Amendment) Regulations (Northern Ireland) 2007 SR 179

Amends 2003/496 by changing duties of landfill operators, making it an offence to accept agricultural, mine or quarry waste, altering procedures for closing a landfill and requirements for hazardous waste landfill applications.

Landfill (Amendment No 2) Regulations (Northern Ireland) 2007 SR 258

Amends 2003/496 to update the criteria for granular and monoloithis waste to be accepted for landfill, plus monitoring and testing requirements.

Mines Act (Northern Ireland) 1969 c. 6

Sets out controls on tips, blasting, dust precautions, record-keeping and fencing of disused or abandoned mines.

Nitrates Action Programme Regulations (Northern Ireland) 2014 SR 307

Sets out an action programme for the period 01 January 2015 to 31 December 2018 concerning the protection of waters against pollution caused by nitrates from agricultural sources. It also implements a European Commission Decision allowing derogation from a land application of 170kg of nitrogen per hectare per year (kg N/ha/year) of livestock manure up to 250kg N/ha/year from grazing livestock manure for farms which meet certain conditions.

Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2015 SR 369

Amend the Nitrates Action Programme Regulations (NI) 2014 in regard to penalties and the measures concerning land management and record keeping.

Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012 SR 59

Amend and consolidate the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999. Provide a method of ensuring that the likely effects of a new development on the environment are fully understood and taken into account before consent is given for the development to proceed.

Planning (Northern Ireland) Order 1991 SI 1220 (NI 11) (including amendments up to 2004)

Provides a framework for the later Planning Environmental Assessment Regulations and sets up a system for Tree Preservation Orders.

Radioactive Contaminated Land Regulations (Northern Ireland) 2006 SR 345

Outlines basic safety standards for protecting the health of workers and the public from the dangers of ionising radiation.

Radioactive Contaminated Land Regulations (Northern Ireland) (Amendment) Regulations SR2007/3236

Amends 2006/345 by extending those regulations to land contaminated by a nuclear occurrence.

Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990 SR 245

Bans the use of sewage sludge from treatment plants in agriculture, unless certain requirements are met including; specified pH levels, no fruit or vegetable harvesting and no soil and groundwater pollution.

Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011

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 and Contaminated Land (Northern Ireland) Order 1997 SI 2778 (NI 19) (including updates)

Sets out the waste management regime covering waste carrier registration and identifying and remedying contaminated land.

Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005 SR 32

Amends Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005. Outlines measures for public participation in creating plans or programmes relating to the environment.

Whats new on NetRegs

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    https://www.daera-ni.gov.uk/publications/waste-duty-care-responsibilities

  • Please let us know your thoughts on our new website

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  • NEW guidance on Environmental Management Systems

    We have recently updated and improved our guidance on Environmental Management Systems (EMS). You can find the guidance via the Environmental Topics tab or alternatively select the following link Environmental Management Systems (EMS).

  • Consultation on proposed changes to the packaging recycling business targets

    See NI Future legislation or Scotland Future legislation for details of the Consultation

  • NetRegs SMEnvironment survey 2016

    NetRegs has carried out a survey of environmental awareness among SMEs. There are separate reports for Scotland and Northern Ireland.

  • NIEA Guidance - Greenfield Excavated Matrials in Construction

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    NIEA: Guidance on the Regulation of Greenfield Excavated Materials in Construction and Development

  • New GPP 2 Above Ground Oil Storage

    The replacements for the PPGs are being developed. Now available GPP 2 Above Ground Oil Storage

  • SEPA Consultation on an Intergated Authorisation Framework

    SEPA is asking for your views on the proposals for integrated authorisations.

    Consultation documents

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    NEW GPP 24 now available: Stables, Kennels and Catteries

  • ENDS Award Shortlist

    NetRegs has been nominated for 3 ENDS Awards with the result being revealed on the 4th of May.

  • NetRegs wins an ENDS Environmental Impact Award

    Knowledge development category winners, see the END Awards

  • EIA (Agriculture) Regulations for Northern Ireland

    Any person intending to alter the use or management of areas of uncultivated or semi-natural land must obtain prior approval from the Department of Agriculture, Environment and Rural Affairs (DAERA).

    Read more on the DAERA website

  • Download our NEW leaflet today: Duty of Care for waste

    NetRegs have produced a new leaflet for Scottish businesses explaining what you must do to comply with YOUR duty of care for waste.

    Duty of Care for waste (Scotland) leaflet (PDF - 775KB)

     

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