The Waste (Amendment) (Northern Ireland) Order 20071 also increases penalties for illegal waste disposal. Offenders now face a maximum fine of £50,000 or up to five years in jail.
When deciding penalties, courts should have regard to any profit the offender has made, the Order says.
They can also confiscate vehicles, plant and machinery involved in crime and make offenders pay investigation, enforcement and clean-up costs.
The Order strengthens the waste duty of care regime, requiring registered carriers to carry their authorisation with them.
DoE officers can issue fixed penalty notices for people failing to furnish documents when asked. The department can revoke a carrier’s licence if a company breaches its conditions.
Speaking on behalf of the government in the House of Lords in February, Baroness Farrington of Ribbleton admitted the order "in itself… will not provide a sufficient deterrent to illegal waste activity."
Subordinate legislation would be required "in due course," she said. "However, this is a foundation on which an effective enforcement framework can be built."
Lord Glentoran, shadow minister for Northern Ireland, raised concerns about powers given to district councils to require landowners to remove waste illegally dumped on their land. "It is no good passing the buck to landowners," he said. "Other means and deterrents must be strong enough to prevent the casual tipper in the countryside."