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The Waste and Contaminated Land (Northern Ireland) Order 1997

The Waste and Contaminated Land (Northern Ireland) Order 1997 s 76A

s 76A Power to make charging schemes

(1) As a means of recovering costs incurred by it in performing any functions mentioned in paragraph (2) , the Department may require the payment to it of such charges as may be specified in or determined under a scheme made by the Department under this Article (referred to in this Article as a “ charging scheme ”). (2) The functions referred to in paragraph (1) are— (a) functions related to— (i) Article 4(1); or (ii) regulation 18(1) of the Waste Management Licensing Regulations (Northern Ireland) 2003; (b) functions conferred by regulations made under Article 5G; (c) functions conferred by regulations made under Schedule 4 or 5 to the Environment Act 2021; (d) functions conferred by the End-of-Life Vehicles Regulations 2003; (e) functions conferred by the End-of-Life Vehicles (Producer Responsibility) Regulations 2005; (f) functions conferred by the Waste Batteries and Accumulators Regulations 2009; (g) functions conferred by the Waste Electrical and Electronic Equipment Regulations 2013; (h) functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export. (3) In sub-paragraph (h) of paragraph (2) “importation”, “exportation”, “transit of waste for export” and “waste” have the meaning they have in section 141 of the Environmental Protection Act 1990. (4) A charging scheme must specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge. (5) A charging scheme may— (a) make different provision for different cases, including different provision in relation to different persons, circumstances or localities; (b) provide for the times at which, and the manner in which, charges are to be paid; (c) revoke or amend any previous charging scheme; (d) contain supplemental, incidental, consequential or transitional provision for the purposes of the scheme. (6) Before making a charging scheme the Department must consult such persons as appear to the Department to be appropriate. (7) The Department must, when it makes or amends a charging scheme— (a) lay a copy of the scheme or amendments before the Assembly, and (b) publish the scheme or the amendments.

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