Planning Portal

Planning (Management of Waste from Extractive Industries) Regulations

Published on Wed, 31 Mar 2010 by legislation.planning@doeni.gov.uk.
New regulations - Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010
These Regulations come into operation on 1st April 2010 and transpose EC directive 2006/21/EC (the mining waste directive) on the management of waste from extractive industries and which also amends directive 2004/35/EC (the environmental liability directive).
The Regulations and associated explanatory memorandum can be found on the website of the Office of Public Service Information.
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.
Given that any extractive waste material produced by the extractive industries in Northern Ireland is almost exclusively inert, 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.  An operator must have a WMP 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.
The Regulations also set out the additional conditions which may be applied to developments which might pose a higher level of risk.
The Department is working with the main industry representative body, the Quarry Products Association (NI), to produce specific guidance for Northern Ireland in relation to these Regulations.  In addition to this the European Commission has produced its own guidance on the subject which can be accessed using the links below.

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