Recycling
Producer Responsibility
For the purpose of promoting or securing an increase in the reuse, recovery, or recycling of products and materials, the Department may make regulations imposing responsibility on producers, in respect of products and materials, as may be prescribed. Legislation is the Producer Responsibility Obligations (NI) Order 1998.
The power to make regulations is exercisable after consultations with persons appearing to the Department, to be representative of persons whose interests are likely to be substantially affected by the regulations it proposes to make.
Except where regulations are required under EU obligations or any other international treaty, the power to make regulations shall be exercisable only where the Department has consulted above and is satisfied
- that the proposed exercise will be likely to result in an increase in reuse, recovery, and recycling of products or materials;
- that the increase would produce environmental or economic benefits; that those benefits are significant as against the likely cost resulting from the obligation imposed;
- that the burdens imposed on business by the regulations are the minimum necessary to secure the benefits; and
- that those burdens are imposed on persons most able to make a contribution to the achievement of the targets, having regard to the desirability of acting fairly between persons who manufacture, process, distribute, or supply products or materials and taking into account the need to ensure that the proposed producer responsibility obligation is so framed as to be effective in achieving the purpose for which it is imposed.
Nothing in the latter category is to prevent regulations imposing a producer responsibility obligation on a class of or description of person, to the exclusion of others.
The Department is to have a duty to exercise the power to make regulations, which it considers are best calculated to secure that the exercise does not have the effect of restricting, distorting, or preventing competition or if it is likely to have such an effect, that it is no greater than necessary for achieving environmental and economic benefits above.
The powers are exercisable in a case above for the purpose of sustaining a minimum level of reuse, recovery, and recycling of products rather than promoting or securing an increase in such reuse, recovery, or recycling.
Regulations may, in particular, make provision in relation to
- classes and descriptions to whom the producer responsibility obligation applies, classes or descriptions of products and materials
- targets to be achieved in respect of the proportion by weight, volume, or otherwise of the products or materials which are to be reused, recovered, or recycled generally or in a prescribed way;
- particulars of the obligation imposed;
- registration of persons subject to producer responsibility obligation, who are not members of registered exemption schemes;
- imposition requiring requirements in connection with the registration, period of registration; approval and withdrawal of exemption schemes;
- imposition of requirements on persons who are not members of registered exemption schemes;
- cancellation of registration of schemes; powers in relation to applications for registration of schemes;
- competition security of registered exemption schemes; fees payable in relation to applications, approvals, registrations, certification of compliance etc.;
- appeals to the Planning Appeals Commission against refusal of registration or imposition of conditions or cancellation; imposition on the Department of a duty to monitor compliance;
- imposition of prescribed duties to maintain records, make returns to the Department in such form as may be prescribed;
- imposition on the Department of a duty to maintain or make available to the public a register containing prescribed information regarding registered exemption schemes or persons required to register otherwise, powers of entry and inspection;
- powers to require in connection with competition scrutiny, provision of information relating to any scheme.
If action proposed is incompatible with EU or other international obligations, the Department may direct the operator not to take the action in question.
Persons issuing certificates of compliance must do so in accordance with the guidelines issued by the Department. It may include guidance as to matters which are or are not to be treated as evidence of compliance and non-compliance.
In making provision for fees, the Department is to have regard to the objective that the regulation should be self-funding.