Overview

1. About this consultation

1.1    This consultation paper seeks views and comments on proposals for a new Code of Practice on Sampling and Reporting at Materials Facilities. The document sets out the requirement for sampling and reporting of waste materials received by Materials Facilities (MFs). This consultation is likely to be of interest to waste businesses, waste stakeholders and environmental groups that have an interest in sampling and reporting.

1.2 Purpose of this consultation

1.2.1  DAERA recognises the need to keep people informed and to give people the opportunity to comment on our policy proposals. The consultation therefore invites people to answer a number of questions on our proposed new Code of Practice on Sampling and Reporting at Materials Facilities in line with the requirements of “Managing Public Money NI” in order to deliver a more effective policy.

1.3 Timing and duration of this consultation

1.3.1 The consultation will commence on the 16 September 2024 and close on the 12 November 2024.

1.3.2 You can respond to this consultation online by completing the Citizen Space response template .

1.3.3 When responding, please state whether you are doing so as an individual or representing the views of an organisation. If you are responding on behalf of an organisation, please make it clear who the organisation represents, and where applicable, how the views of members were considered.

1.3.4 The consultation will be available in other formats upon request. You can email any queries to: eprteam@daera-ni.gov.uk

2. How we consult

2.1   Consultation principles

2.1.1 The consultation can be responded to in full or in part, guided by where your interest lies. You may find it helpful to answer questions as they arise at the end of each section.

2.1.2 We know that not everyone will wish or feel able to answer all the questions in this consultation. You are encouraged to answer the questions you would like to respond to, but you don’t have to respond to all of them. There are some questions to be answered on the ‘About you’ page. Once these have been completed you may submit your response.

2.1.3 Following the closing date, all responses will be analysed and considered.

2.2   Confidentiality

2.2.1 The Department will publish a synopsis of responses to the consultation. This will include a list of names of organisations that responded but not personal names, addresses or other contact details. Your response, and all other responses to this consultation, may be disclosed on request and/or made available on the DAERA website (redacted). The Department can only refuse to disclose information in exceptional circumstances. Before you submit your response, please read the paragraphs below on the confidentiality of responses as this will give you guidance on the legal position about any information given by you in response to this consultation.

2.2.2 The Freedom of Information Act 2000 and the Environmental Information Regulations 2004 give the public a right of access to any information held by a public authority, in this case DAERA. The right of access to information includes information provided in response to a consultation

2.2.3 The Department cannot automatically consider as confidential information supplied to it in response to a consultation. However, it does have the responsibility to decide whether any information provided by you in response to this publication should be made public or treated as confidential.

2.2.4 The information provided in your response, excluding personal data, may be published or disclosed in accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. Any personal information you provide in your response will be handled in accordance with the UK-GDPR and will not be published.

2.2.5 If you want the non-personal information that you provide to be treated as confidential, please tell us why, but be aware that under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 we cannot guarantee confidentiality.

2.2.6 For information regarding your personal data please refer to the DAERA Privacy Statement at DAERA Privacy Statement | Department of Agriculture, Environment and Rural Affairs (daera-ni.gov.uk).

2.2.7 For further information about confidentiality of responses please contact the Information Commissioners Office. Please see its website at www.ico.org.uk .

3. Executive Summary

3.1    The proposed new Code of Practice on Sampling and Reporting at Materials Facilities (which shall be referred to as ‘the Code’) sets out the requirement for sampling and reporting of waste materials received by Materials Facilities (MFs). England, Scotland, and Wales have had similar sampling regulations in place since 2015/16. The Waste (Recyclate Quality) (Scotland) Regulations 2015[1]; and the Environmental Permitting (England and Wales) Regulations 2016[2].

3.2    The Code is issued by DAERA to provide guidance to operators of MFs which manage waste on the discharge of certain duties, specifically those in the Waste Management Licensing (Northern Ireland) Regulations 2003[3] and the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013[4]. Compliance with this Code is to be made a condition of any waste management licence or Pollution Prevention Control permit (which authorises treatment of such waste material) that is granted or varied by NIEA.

3.3       The Department of Agriculture, Environment and Rural Affairs (DAERA) is seeking views from interested stakeholders on the proposed new and relevant draft regulation.

Definition of a Materials Facility (MF)

3.4    The Code will support the introduction of extended producer responsibility for packaging (pEPR). There are several benefits in relation to this waste management and regulation, including:

• • •  
• increasing transparency on material quality in the supply chain, through provision of accurate information on contamination levels, and variances in these levels to the market and to customers;
• demonstrating Northern Ireland’s commitment to deliver high quality recycling;
• improving the contracting environment, for operators of MFs and for all businesses involved in the material supply chain;
• encouraging innovation in the operation of MFs and supply chain dynamics;
• enabling NIEA to ensure consistency of approach and practice in MFs material and sampling control, irrespective of the technology available to the authorisation MF operator; and
• enhancing the quantity and quality of waste data, especially packaging data, required to achieve the effective implementation of the packaging Extended Producer Responsibility system and realise the associated environmental benefits.

3.5    Packaging EPR is being introduced by DAERA, alongside the governments of the other UK nations, as part of our work to build a more circular economy and address the global climate emergency. This sampling and the Code are important for the effective implementation of pEPR and will provide parity for Northern Ireland with other UK nations.

3.6    The purpose of this consultation with interested stakeholders is to ensure that the Code, (which puts these changes into practice), is clear and avoids any unforeseen circumstances.

3.7    The consultation will run from 16 September to 12 November. We welcome responses from all interested stakeholders and especially waste-management companies and waste-sector trade bodies. We intend to lay the relevant legislation (in early 2025) which will bring in the requirement to follow the Code from 1 April 2025.

[5] https://www.legislation.gov.uk/nisi/1997/2778/contents