Northern Ireland Planning Service

Mining Waste Guidance

Guidance for the Management of Extractive Waste
Planning (Management of Waste from Extractive Industries) Regulations
Regulations came into operation on 1st April 2010 which transpose EC directive 2006/21/EC (MINING WASTE DIRECTIVE) on the management of waste from extractive industries  which also amends directive 2004/35/EC (the Environmental Liability Directive).
The Regulations and associated explanatory memorandum can be found here www.legislation.gov.uk/nisr/2010/64/contents/made
The Mining Waste Directive sets out requirements for the management of waste material arising from extractive industries as a result of the on-shore prospecting, extraction, treatment and storage of mineral resources and the working of quarries. Its aim is to prevent, or reduce as far as possible, the production of waste and the potential harmful effects of such waste on the environment and human health.
The main impact on local operators will be the preparation, and subsequent review, of a waste management plan (WMP) in relation to new and existing minerals permissions.
The Department has produced specific guidance for Northern Ireland quarry operators in relation to these Regulations which can be found here doe_planning_mwd_guidance.pdf (Opens PDF document in a new browser window 308 KB)
It is important to note that extractive waste material produced by the extractive industries in Northern Ireland is almost exclusively inert. Consequently full waste management plans may not be required for many sites. The level of detail required will be dependant upon the type of extractive waste produced at each site.
In order for the Department to determine whether a site is exempt, requires the submission of a full or reduced management plan documentation needs to be submitted for consideration.
Under Regulation 5(1) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 a management plan is not required for Facilities /Extractive Waste Sites WHICH CLOSED on or before 1 May 2008 and REMAIN CLOSED
Under Regulation 5 (4), if the extractive waste is inert and is not deposited in a Category A waste facility a reduced waste management plan may be appropriate.
If an operator is producing inert waste the Department shall require the completion of the forms at Annex J of the Guidance.
An operator must have a Waste Management Plan that has been formally approved by the Department if it wants to continue operations after 1st May 2012. Operations that continue after this date without the Department’s formal written approval may be subject to enforcement action.