The Waste Regulations (Northern Ireland) 2011 (“the NI Regulations”) transpose the revised Waste Framework Directive 2008/98/EC (‘the Directive’) in Northern Ireland. The equivalent legislation in England and Wales is the Waste (England and Wales) Regulations 2011 (‘the E&W Regulations’).
The NI Regulations are set out slightly differently from the E&W Regulations. However, following legal advice, it has been concluded that the effect is broadly the same and it is agreed that an amendment to the NI Ireland Regulations is required to ensure that legislation in Northern Ireland reflects the Directive more accurately.
Regulation 21 of the NI Regulations provides that co-mingled collection shall be regarded as separate collection. The Department, therefore, proposes to amend the NI Regulations so as to remove regulation 21.
The Department is also using this as an opportunity to effect some corrections to amendments to subordinate legislation effected by the NI Regulations. These do not entail any change in policy or any legislative change and so are not subject to consultation. They are included solely in the interests of completeness.