Waste Management Act 1996

Waste Management Act 1996


Number 10 of 1996


WASTE MANAGEMENT ACT 1996

REVISED

Updated to 12 April 2019


This Revised Act is an administrative consolidation of the Waste Management Act 1996. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, and all statutory instruments up to and including Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019), made 12 April 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 10 of 1996


WASTE MANAGEMENT ACT 1996

REVISED

Updated to 12 April 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Waste Management Acts 1996 to 2011 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(3)). The Acts in this group are:

Waste Management Act 1996 (10/1996)

Waste Management (Amendment) Act 2001 (36/2001), other than s. 14

Protection of the Environment Act 2003 (27/2003), Part 3

Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), Part 5

Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007

Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008)

Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008)

Environment (Miscellaneous Provisions) Act 2011 20/2011), Part 4

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Environment (Miscellaneous Provisions) Act 2015 (29/2015)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

Planning and Development (Amendment) Act 2010 (30/2010)

Protection of the Environment Act 2003 (27/2003)

Minister for the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002)

Courts and Court Officers Act 2002 (15/2002)

Local Government Act 2001 (37/2001)

Waste Management (Amendment) Act 2001 (36/2001)

Planning and Development Act 2000 (30/2000)

National Beef Assurance Scheme Act 2000 (2/2000)

Litter Pollution Act 1997 (12/1997)

All Acts up to and including Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019)

European Union (Properties of Waste which Render it Hazardous) Regulations 2018 (S.I. No. 383 of 2018)

Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018)

Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. No. 599 of 2017)

Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017)

Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017)

Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017)

Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016)

Waste Management (Fixed Payment Notice) (Producer Responsibility) Regulations 2016 (S.I. No. 373 of 2016)

European Union (Waste Directive) (Recovery Operations) Regulations 2016 (S.I. No. 372 of 2016)

Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016)

Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016)

Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. No. 538 of 2015)

European Union (Properties of Waste which Render it Hazardous) Regulations 2015 (S.I. No. 233 of 2015)

Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015)

Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015)

Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015)

Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015)

Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 546 of 2014)

European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014)

Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014)

European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014)

European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014)

European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014)

European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014)

European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013)

Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. No. 504 of 2013)

Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013)

Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013)

European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013)

European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013)

European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012)

Waste Management (Landfill Levy) (Amendment) Regulations 2012 (S.I. No. 221 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011)

Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011)

European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011)

European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011)

Waste Management (Licensing) (Amendment) Regulations 2010 (S.I. No. 350 of 2010)

Waste Management (Waste Electical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010)

Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010)

Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010)

Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I. No. 31 of 2010)

Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010)

European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010)

Waste Management (Landfill Levy) Amendment Regulations 2009 (S.I. No. 550 of 2009)

Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009)

Waste Management (Landfill Levy) Order 2009 (S.I. No. 496 of 2009)

European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009)

European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009)

Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008)

Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment)(Amendment) Regulations 2008 (S.I. No. 376 of 2008)

Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008)

Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008)

Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008)

Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008)

Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008)

Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007)

Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007)

Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007)

Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007)

Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007)

Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007)

Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 (S.I. No. 66 of 2007)

Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007)

Waste Management (Landfill Levy)(Amendment) Regulations 2006 (S.I. No. 402 of 2006)

Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006)

Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006)

Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005)

Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005)

Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005)

Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004)

European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004)

Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004)

Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004)

Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003 (S.I. No. 478 of 2003)

European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003)

Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003)

Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002)

Waste Management (Landfill Levy) Regulations 2002 (S.I. No. 86 of 2002)

Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001)

Waste Management (Collection Permit) (Amendment) Regulations 2001 (S.I. No. 540 of 2001)

Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001)

Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001)

Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001)

Waste Management Act, 1996 (Prescribed Date) Order 2001 (S.I. No. 345 of 2001)

Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001)

Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations 2001 (S.I. No. 267 of 2001)

Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000)

Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000)

Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998)

European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 166 of 1998)

Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998)

Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998)

Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998)

Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998)

Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998)

Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 (S.I. No. 148 of 1998)

Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998)

Waste Management (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 146 of 1998)

Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997)

Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997)

Waste Management (Register) Regulations 1997 (S.I. No. 183 of 1997)

Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997)

Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997)

Waste Management Act, 1996 (Commencement) Order 1996 (S.I. No. 192 of 1996)

All statutory instruments up to and including Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019), made 12 April 2019, were considered in the preparation of this revision.


Number 10 of 1996


WASTE MANAGEMENT ACT 1996

REVISED

Updated to 12 April 2019


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Community acts given effect to by this Act.

3.

Non-application of this Act.

4.

Definitions of “ waste”, “ hazardous waste”, “ disposal”, “ recovery”.

5.

Interpretation generally.

6.

Repeals and revocations.

7.

Regulations, orders and directions.

8.

Orders in relation to Third Schedule or Fourth Schedule .

9.

Offences by bodies corporate.

10.

Penalties.

10A.

Fixed payment notice for certain offences relating to producer responsibility.

10B.

Fixed payment notice for certain offences relating to waste collection permit.

11.

Prosecution of offences.

11A.

Presumption in certain prosecutions.

12.

Cost of prosecutions.

13.

Payment of certain fines to local authority, Agency or other persons.

14.

Powers of authorised person.

15.

Monitoring and inspection.

16.

Service of notices.

17.

Time for the doing of certain things: Saturdays, Sundays, public holidays, etc.

18.

Information.

19.

Register to be maintained by each local authority and the Agency.

20.

Expenses.

21.

Transfer of functions from local authorities to Agency, etc.

21A.

Waste hierarchy.

PART II

Waste Management Planning

22.

Waste management plans.

23.

Publication of notices in relation to waste management plans and procedure on review of such plans.

24.

Power of Minister in relation to waste management plans.

25.

Duty of local authority on making, varying or replacing a waste management plan.

26.

Hazardous waste management plan.

PART III

Measures to Reduce Production, and Promote Recovery, of Waste

27.

Interpretation ( Part III ).

27A.

Waste prevention programmes.

28.

Waste prevention and minimisation.

29.

Measures related to recovery of waste.

30.

Public authority waste management.

31.

Recovery of waste by local authorities.

31A.

Costs.

PART IV

Holding, Collection and Movement of Waste

32.

General duty of a holder of waste.

33.

Collection of waste.

34.

Waste collection permits.

34A.

Review of waste collection permit.

34B.

Transfer of a waste collection permit.

34C.

Information required by authorised persons or nominated authority.

34D.

Fit and proper person.

35.

Presentation of waste for collection.

36.

Regulations in relation to movement of waste.

PART V

Recovery And Disposal Of Waste

37.

Interpretation ( Part V ).

37A.

Principles of self-sufficiency and proximity.

38.

Waste management facilities.

39.

Requirement to hold waste licence.

39A.

Licensing under this Part and Part IV of Act of 1992.

40.

Grant of waste licences.

41.

Conditions attached to a waste licence.

42.

Application for a waste licence or review of a waste licence.

42A.

Calculation of appropriate period and other time limits over holidays.

42B.

Amendments of waste licence of clerical or technical nature.

43.

Section 42 : supplementary provisions.

44.

Conduct of oral hearing and written report thereon.

45.

Regulations regarding waste licences.

46.

Review of waste licences.

47.

Transfer of waste licences.

48.

Surrender of waste licences.

48A.

Revocation or suspension of waste licence in certain circumstances.

49.

Limit on duration of waste licences.

50.

Fees.

51.

Recovery of sludges and agricultural waste.

52.

Discharges to sewers.

53.

Financial provisions regarding waste recovery and disposal.

53A.

Operator of landfill facility to impose charge for disposals.

54.

Application of the Act of 1963 and related regulations.

PART VA

Recovery of End-of-Life Vehicles

53B.

Interpretation and supplemental (Part VA).

53C.

Producer responsibility for free treatment and recovery of end-of-life vehicles.

53D.

Requirement to deposit mechanically propelled vehicle for recovery, etc.

53E.

Regulations for purposes of section 53D, etc.

53F.

Offences for failure to comply with section 53D, etc.

PART VB

Waste Electrical and Electronic Equipment

53G.

Interpretation and supplemental (Part VB).

53H.

Regulations for purposes of promoting, supporting or facilitating the prevention, minimisation, or restriction of hazardous substances in waste.

53I.

Distributor and producer responsibility for the take back, treatment and recovery of waste electrical and electronic equipment.

53J.

Registration.

53K.

Obligation to mark electrical and electronic equipment placed on the market.

53L.

Obligation to provide information to users of electrical and electronic equipment.

53M.

Obligation to provide information to recovery facilities.

PART VI

General Provisions Regarding Environmental Protection

55.

Power of local authority to require measures to be taken in relation to the holding, recovery or disposal of waste.

55A.

Powers under section 55 also exercisable by Agency.

56.

Powers of local authority to take measures to prevent or limit environmental pollution caused by waste.

56A.

Powers under section 56 also exercisable by Agency and clarification of that section.

57.

Powers of High Court in relation to the holding, recovery or disposal of waste.

58.

Remedies for unauthorised holding, recovery or disposal of waste.

59.

Functions of local authorities in regard to waste.

PART VII

Miscellaneous

60.

Policy directions by Minister in relation to waste licensing, the movement of waste and other matters.

61.

Detention and forfeiture of certain vehicles and equipment.

62.

Power to give effect to Community acts. ( Repealed)

63.

Agreements between Agency and other public authorities.

64.

Mass balances of specified substances. ( Repealed)

65.

Amendment of Act of 1992 and Act of 1987.

66.

Amendment of Local Government (Water Pollution) Act, 1977.

67.

Immunity of the Agency and local authorities.

68.

Adaptation of certain references and transitional provisions.

69.

Transfer of functions in relation to waste licences.

70.

Exclusion of certain enactments relating to public health.

71.

Abandoned vehicles.

72.

Power to impose environmental levy.

73.

Power to impose landfill levy.

74.

Environment Fund.

75.

Charges for waste services.

76.

Transitional provisions consequent on Protection of the Environment Act 2003.

76A.

Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.

77.

Transitional and savings provisions consequent on Environment (Miscellaneous Provisions) Act 2015.

FIRST SCHEDULE

Examples of Waste Prevention Measures Referred to in Article 29 of Waste Directive

SECOND SCHEDULE

Properties of Waste which Render it Hazardous

THIRD SCHEDULE

Disposal Operations

FOURTH SCHEDULE

Recovery Operations

FIFTH SCHEDULE

Repeals and Revocations

Part I

Enactments Repealed

Part II

Statutory Instruments Revoked


Number 10 of 1996


WASTE MANAGEMENT ACT 1996

REVISED

Updated to 12 April 2019


AN ACT TO MAKE PROVISION IN RELATION TO THE PREVENTION, MANAGEMENT AND CONTROL OF WASTE; TO GIVE EFFECT TO PROVISIONS OF CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE MATTERS; TO AMEND THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992, AND TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [20 th May, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note that name of Minister for and Department of Communications, Energy and Natural Resources changed to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—

( a) the enactments specified in Schedule 1, and

( b) (b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.

...

Schedule 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.

...

Waste Management Act 1996 (No. 10 of 1996)

...

C2

Application of collectively cited Waste Management Acts 1996 to 2003 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

Waste Management Acts 1996 to 2003

...

...

...

C3

Application of Act and authorisations and regulations made under Act restricted (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 9 and 11, in effect as per reg. 1(2).

9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.

...

Review of existing authorisations

11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred to in Article 9, or any Regulation made to give effect to a requirement of the said Acts, a public authority shall as soon as may be practicable, but not later than 22 December 2012 and sooner if required or where directed by the Minister,

( a) examine the terms of every authorisation or revised authorisation to which Article 9 applies and for the time being in force and determine whether, having regard to the requirements of Article 7 of these Regulations, the authorisation or revised authorisation requires to be reviewed for the purposes of compliance with the said Article, and

( b) if the authorisation or revised authorisation requires to be so reviewed complete such a review by the required date, or

( c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case.

(2) A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to ensure compliance with the environmental objectives and quality standards established by these Regulations.

C4

Requirements for granting of certain authorisations under Act specified (27.07.2009) by European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009), reg. 12 and sch. 4.

12. Without prejudice to the generality of Regulation 9 or any requirement arising under the European Communities Environmental Objectives (Surface Water) Regulations 2009, a public authority considering an application for authorisation of a discharge to waters draining to the surface water bodies identified under the First Schedule to these Regulations, under the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 or Regulations made for that purpose under the European Communities Act of 1972 shall, where it is satisfied that the proposed discharge would not contravene Article 6(3) and 6(4) of the Habitats Directive, set down in the authorisation, emission limit values that aim to achieve the ecological quality objectives set out in the Fourth Schedule to these Regulations.

PART I

Preliminary and General

Short title and commencement.

1

1. (1) This Act may be cited as the Waste Management Act, 1996.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions:

Provided that if immediately before the expiration of the period of 2 years from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this Act or the said provision or provisions shall come into operation (or, in the case of such provision or provisions that remains or remain to be commenced for a particular purpose, shall come into operation for that purpose) upon the expiration of the said period.

Annotations:

Editorial Notes:

E1

Power pursuant to section exercised (1.07.1996) by Waste Management Act, 1996 (Commencement) Order 1996 (S.I. No. 192 of 1996).

2. The Waste Management Act, 1996 (other than sections 6 (2), 32 (2), 57 and 58) shall come into operation on the 1st day of July, 1996.

Community acts given effect to by this Act.

2

2.The purposes for which the provisions of this Act are enacted include the purpose of giving effect to the Community acts specified in the Table to this section.

TABLE

F1 [ ]

F1 [ ]

Council Directive 76/403/EEC of 6 April, 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls 1

Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances 2

F2 [ Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment 3

Council Directive 86/278/EEC of 12 June, 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture 4

F1 [ ]

Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos 5

Council Directive 89/369/EEC of 8 June, 1989 on the prevention of air pollution from new municipal waste incineration plants 6

F1 [ ]

Council Directive 91/157/EEC of 18 March, 1991 on batteries and accumulators containing dangerous substances 7

Council Directive 91/271/EEC of 21 May, 1991 concerning urban waste water treatment 8

F1 [ ]

Commission Directive 93/86/EEC of 4 October, 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances 9

F3 [ Council Directive 1999/31/EC of 26 April 1999 10 on the landfill of waste and Council Directive 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste ]

F4 [ Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 11

European Parliament and Council Directive 94/62/EC of 20 December, 1994 on packaging and packaging waste 12

F1 [ ]

F5 [ European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles 13

European Parliament and Council Directive 2000/76/EC of 4 December, 2000 on the incineration of waste 14

F6 [ European Parliament and Council Directive 2002/95/EC of 27 January 2003 15 on the restriction of the use of certain hazardous substances in electrical and electronic equipment

European Parliament and Council Directive 2002/96/EC of 27 January 2003 16 on waste electrical and electronic equipment

European Parliament and Council Directive 2003/108/EC of 8 December 2003 17 amending Directive 2002/96/EC on waste electrical and electronic equipment ]

F7 [ Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 18 on the management of waste from extractive industries

F8 [ ]

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives ]

Annotations:

Amendments:

F1

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(a)-(f).

F2

Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 3, in effect as per reg. 1(2).

F3

Inserted (21.02.2013) by European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013), reg. 2(a).

F4

Substituted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(1)(b), in effect as per reg. 1(2).

F5

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 19, S.I. No. 393 of 2004.

F6

Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 4, in effect as per reg. 2.

F7

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(g).

F8

Deleted (7.01.2014) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 24, in effect as per reg. 2.

Editorial Notes:

E2

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.

E3

Previous affecting provision: section amended (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(1)(a), in effect as per reg. 1(2); section further amended as per F-note above.

E4

Previous affecting provision: power pursuant to section exercised (7.12.2007, 15.12.2007, and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3, subject to transitional provision and construed as per reg. 36(2), (3).

E5

Previous affecting provision: power pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 2; revoked (21.06.2014) by European Union (End-of-Life Vehicle) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3.

1O.J. No. L 108/41, 26 April, 1976

10 OJ No L182, 16.07.1999, p. 0001.

11 OJ L 190, 12.7.2006, p.1 ]

12O.J. No. L 365/10, 31 December, 1994

13 O.J. No. L269, 21.10.2000, p.34.

14 O.J. No. L332, 28.12.2000, p.91. ]

15 O.J. No. L 37/19, 13 February, 2003.

16 O.J. No. L 37/24, 13 February, 2003.

17 O.J. No. L 345/106, 31 December, 2003

18 OJ No. L102, 11.04.2006, p.15

2O.J. No. L 20/43, 26 January, 1980

3 O.J. No. L 26, 28.1.2012 p.1 ]

4O.J. No. L 181/6, 4 July, 1986

5O.J. No. L 85/40, 28 March, 1987

6O.J. No. L 163/32, 14 June, 1989

7O.J. No. L 78/38, 26 March, 1991

8O.J. No. L 135/40, 30 May, 1991

9O.J. No. L 264/51, 23 October, 1993

F9 [ Non-application of this Act.

3

3. (1) This Act shall not apply to

( a ) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 19 on the geological storage of carbon dioxide or excluded from the scope of that Directive pursuant to Article 2(2) of that Directive,

( b ) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land,

( c ) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated,

( d ) the dumping (within the meaning of the Dumping at Sea Act 1981 (No. 8 of 1981)) of waste at sea,

( e ) radioactive waste,

( f ) decommissioned explosives, or

( g ) faecal matter, if not covered by subsection (2)( b ) , straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.

(2) This Act shall not apply to the following to the extent that they are covered by other Community acts:

( a ) waste waters;

( b ) animal by-products, including processed products covered by Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 20 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation) F10 [ , except those which are destined for incineration, landfilling or use in a biogas or composting plant ] ;

( c ) carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No. 1069/2009;

( d ) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC.

(3) Without prejudice to obligations under other relevant Community acts, this Act shall not apply to sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation if it is proved that the sediments are non-hazardous. ]

Annotations:

Amendments:

F9

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 4.

F10

Inserted (14.06.2011) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 3.

19 OJ No. L140, 05.06.2009, p.114

21 OJ No. L300, 14.11.2009, p.1

F11 [ Definitions of activity , disposal , hazardous waste , recovery and waste .

4

4. (1) In this Act

activity includes operation;

disposal

( a ) means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy, and

( b ) without prejudice to the generality of paragraph ( a ), includes the disposal operations listed in the Third Schedule ,

and waste disposal activity shall be construed accordingly;

hazardous waste means waste which displays one or more of the hazardous properties listed in the Second Schedule ;

recovery

( a ) means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy, and

( b ) without prejudice to the generality of paragraph ( a ), includes the recovery operations listed in the Fourth Schedule ,

and waste recovery activity shall be construed accordingly;

waste means any substance or object which the holder discards or intends or is required to discard.

(2) A reference in this Act to waste shall be construed as including a reference to hazardous waste. ]

Annotations:

Amendments:

F11

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 4.

Editorial Notes:

E6

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E7

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E8

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part in effect as per reg. 1(2).

Interpretation generally.

5

5. (1) In this Act, save where the context otherwise requires—

the Act of 1963” means the Local Government (Planning and Development) Act, 1963;

the Act of 1987” means the Air Pollution Act, 1987;

the Act of 1992” means the Environmental Protection Agency Act, 1992;

aftercare” means, in relation to a facility which has been used for the purpose of waste recovery or disposal, any measures that are necessary to be taken in relation to the facility for the purpose of preventing environmental pollution following the cessation of the activity in question at the facility;

the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;

any Minister of the Government concerned” means any Minister of the Government (other than the Minister) who, having regard to the functions vested in him or her, in the opinion of the Minister might be concerned with or interested in the matter in question;

F12 [ authorised person means F13 [ (other than in section 10A ) ] a person who is appointed in writing by

( a ) the Minister,

( b ) a local authority,

( c ) the Agency,

( d ) the Commissioner of the Garda S í och á na (or a member of the Garda S í och á na nominated by that Commissioner for the purposes of appointing authorised persons under this Act), or

( e ) such other person as may be prescribed,

to be an authorised person for the purposes of this Act or any Part or section thereof; ]

authorised waste collector” means a holder of a waste collection permit that is in force;

F14 [ best available techniques means best available techniques as defined in Article 2(12) of Directive 2008/1/EC;

bio-waste means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants;

broker means any person arranging the recovery or disposal of waste on behalf of others, including any such person that does not take physical possession of the waste;

collection means the gathering of waste, including the preliminary sorting and storage of waste for the purposes of transport to a waste treatment facility; ]

commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or for the purposes of sport, recreation, education or entertainment but does not include household, agricultural or industrial waste;

Community act” means an act adopted by an institution of the European Communities;

contravention” includes, in relation to any provision, a failure or refusal to comply with that provision, and “ contravene” shall be construed accordingly;

F14 [ dealer means any person who acts in the role of principal to purchase and subsequently sell waste, including any such person who does not take physical possession of the waste; ]

F15 [ development has the meaning assigned to it by section 3 of the Planning and Development Act 2000 ]

emission” has the meaning assigned to it by the Act of 1992;

emission into the atmosphere” means the emission of a pollutant, within the meaning of the Act of 1987, into the atmosphere;

F16 [ emission limit value means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time; ]

F17 [ Environment Fund has the meaning assigned to it by section 74 ; ]

F15 [ environmental impact assessment shall be construed in accordance with section 40(2A) ; ]

F18 [ environmental impact statement means a statement of the direct and indirect effects that a proposed development will have or is likely to have on the environment and shall include the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment 11 ; ]

environmental medium” has the meaning assigned to it by the Act of 1992;

environmental pollution” means, in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would F19 [ ] endanger human health or harm the environment, and in particular—

( a) create a risk to waters, the atmosphere, land, soil, plants or animals,

( b) create a nuisance through noise, odours or litter, or

( c) adversely affect the countryside or places of special interest;

established activity” means—

( a) in relation to an activity the carrying on of which requires a waste licence, an activity—

(i) in respect of which a permission under Part IV of the Act of 1963 is granted before the date prescribed under section 39 (1) in respect of that activity (“the relevant date”) and which permission on that date has not ceased to have effect in accordance with the provisions of sections 2 and 4 of the Local Government (Planning and Development) Act, 1982, or

(ii) which is, immediately before the relevant date, being carried on or was, at any time during the period of 12 months ending on the said date, carried on, other than an activity which involves or is associated with an unauthorised structure or an unauthorised use within the meaning of the Act of 1963, and

( b) in any other case, an activity which was being lawfully carried on immediately before the commencement of the provision concerned of this Act that requires the use of the F20 [ best available techniques ];

European Communities” has the meaning assigned to it by the European Communities Act, 1972;

European Waste Catalogue” means the list of waste set out in Commission Decision 94/3/EC of 20 December, 1993 1, (made pursuant to Article 1 ( a) of Council Directive 75/442/EEC 2 on waste) and includes such list as amended from time to time;

F17 [ executive function means a function other than a reserved function; ]

facility” means, in relation to the recovery or disposal of waste, any site or premises used for such purpose;

functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F21 [ ]

household waste” means waste produced within the curtilage of a building or self-contained part of a building used for the purposes of living accommodation;

F22 [ Industrial Emissions Directive means Directive 2010/75/EU 1 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast); ]

industrial waste” includes waste produced or arising from manufacturing or industrial activities or processes;

F22 [ integrated pollution control activity has the same meaning as it has in section 3 (amended by Regulation 4 of the European Union (Industrial Emissions) Regulations 2013) of the Act of 1992; 1

land” includes any subsoil thereunder and structure thereon and land covered with water (whether inland or coastal);

F23 [ landfill means a waste disposal site for the deposit of waste onto or into land (i.e. underground), including:

( a ) internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and

( b ) a permanent site (i.e. more than one year) which is used for temporary storage of waste, but excluding

( c ) facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, and

( d ) storage of waste prior to recovery or treatment for a period less than three years as a general rule, or

( e ) storage of waste prior to disposal for a period less than one year. ]

leachate” means any liquid percolating through deposited waste and emitted from or contained within a landfill;

local authority” means—

( a) in the case of a county borough, the corporation of the county borough, and

( b) in the case of any other administrative county, the council of the county,

and references to the functional area of a local authority shall be construed accordingly;

F17 [ manager means

( a ) with respect to the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and

( b ) with respect to the council of a county, the manager for the purposes of the County Management Acts, 1940 to 1994; ]

F14 [ Minister means the Minister for the Environment, Heritage and Local Government; ]

monitoring” includes the inspection, measurement, sampling or analysis, whether periodically or continuously, for the purpose of this Act, of waste, a premises at which waste is produced, or a facility at

which waste is held, recovered or disposed of, and of any emissions therefrom, or any environmental medium which is affected by or which, in the opinion of the local authority concerned or the Agency may be affected by, such emissions;

municipal waste” means household waste as well as commercial and other waste which, because of its nature or composition, is similar to household waste;

occupier” includes, in relation to any premises, the owner, a lessee, any person entitled to occupy the premises and any other person having, for the time being, control of the premises;

packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such packaging as may be prescribed;

person in charge” includes, in relation to any premises, the occupier of the premises or a manager, supervisor or operator of an activity relating to the holding, disposal or recovery of waste which is carried on at the premises;

planning authority” has the meaning assigned to it by the Act of 1963;

plant” includes any equipment, appliance, apparatus, machinery, vehicle, skip, works, building or other structure used for the purposes of, or the provision of which is incidental to, the holding, disposal or recovery of waste;

F21 [ ]

premises” includes any messuage, building, vessel, structure or land (whether or not there are structures on the land and whether or not the land is covered with water), and any plant or vehicles on such land, or any hereditament of any tenure, together with any out-buildings and curtilage;

F24 [ preparing for re-use means checking, F25 [ cleaning ] or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing; ]

prescribed” means prescribed by regulations made by the Minister under this Act;

F14 [ prevention means measures, taken before a substance, material or product has become waste, that reduce

( a ) the quantity of waste, including through the re-use of products or the extension of the lifespan of products,

( b ) the adverse impacts of the generated waste on the environment and human health, or

( c ) the content of harmful substances in materials and products; ]

product” includes any naturally occurring or manufactured thing;

public authority” means—

( a) a Minister of the Government,

( b) the Commissioners of Public Works in Ireland,

( c) a local authority for the purposes of the Local Government Act, 1941,

( d) a harbour authority within the meaning of the Harbours Act, 1946,

( e) a health board established under the Health Act, 1970,

( f) a board or other body established by or under statute,

( g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

( h) a company in which all the shares are held by a board, company, or other body referred to in paragraph (f) or (g) of this definition;

F14 [ recycling

( a ) subject to paragraph (b) , means any recovery operation by which waste materials are reprocessed into products, materials or substances, whether for the original or other purposes, including the reprocessing of organic material,

( b ) does not include

(i) energy recovery, and

(ii) the reprocessing into materials that are to be used as fuels or for backfilling operations;

regeneration of waste oils means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils;

the Regulations of 2011 means the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 ); ]

reserved function” means—

( a) in relation to the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1994,

( b) in relation to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

F24 [ re-use means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

separate collection means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment; ]

service station” means any installation where fuel is capable of being dispensed to motor vehicle fuel tanks from stationary storage tanks;

sewage” and “ sewage effluent” have the meanings assigned to them by the Local Government (Water Pollution) Act, 1977;

scheduled activity” means any process, development or operation for the time being specified in the First Schedule to the Act of 1992;

structure” means any building, erection, structure, excavation, or other thing, constructed, erected, or made on, in or under land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;

temporary storage of waste” shall be construed in accordance with subsection (3);

transport” includes, in relation to waste, the movement of waste by road, rail, air, sea or inland waterway but does not include the movement of waste from one place to another—

( a) by means of any pipe or similar apparatus which joins those two places, or

( b) on and within the site at which the waste is held for the time being;

F14 [ TFS Regulation means Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 6 on shipments of waste;

treatment means recovery or disposal operations, including preparation prior to recovery or disposal; ]

vehicle” includes—

( a) part of a vehicle,

( b) an article designed as a vehicle but not capable of functioning as a vehicle,

( c) a skip designed or used for carriage on a vehicle,

( d) a load on a vehicle;

waste collection permit” has the meaning assigned to it by section 34 ;

F24 [ Waste Directive means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives;

waste holder means the waste producer or the person who is in possession of the waste;

waste management means the collection, transport, recovery and disposal of waste, including

( a ) the supervision of such operations,

( b ) the after-care of disposal sites, and

( c ) actions taken as a dealer or broker;

waste oils means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

waste producer means anyone

( a ) whose activities produce waste (in this Act referred to as the original waste producer ), or

( b ) who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of such waste;

waste prevention and management legislation and policy means

( a ) this Act and regulations made under this Act,

( b ) policy issued by the Minister,

( c ) waste management plans made by a local authority, or

( d ) waste prevention programmes guidance or policy issued by the Agency; ]

waste licence” shall be construed in accordance with section 37 ;

F26 [ waste service means any service, facility, approval or other thing which a local authority may or is required to render, supply, grant, issue or otherwise provide in the performance of any of its functions under this Act to any person or in respect of any premises; ]

waters” has the meaning assigned to it by the Local Government (Water Pollution) Act, 1977.

F27 [ (1A) In this Act, a reference to

( a ) the date on which a waste licence is granted is a reference to the date on which the licence is sealed with the seal of the Agency, and

( b ) the date on which a decision by the Agency to refuse a waste licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed. ]

F28 [ (2) ( a ) A reference in this Act to best available techniques shall be construed as meaning the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle, the basis for emission limit values designed to prevent or eliminate, or where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.

( b ) For the purposes of paragraph ( a )

( i )       best , in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;

( ii )       available techniques means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the Third and Fourth Schedules, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;

( iii ) techniques includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.

( c ) F29 [ ] ]

(3) In this Act, a reference to the temporary storage of waste shall, without prejudice to any particular provision that may be made pursuant to section 39 (6) , be construed as a reference to the storage of waste for a period not exceeding 6 months.

F30 [ (3A) References in this Act to Dublin City Council are references to Dublin City Council in its designation as the competent authority under Article 53 of the TFS Regulation as provided for in Regulation 4 of the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ). ]

F31 [ (3B) Subject to this Act, a word or expression that is used in this Act and that is also used in Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive. ]

(4) In this Act, a reference to a Part, section, or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.

(5) In this Act, a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision (including a Schedule) in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

(6) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Annotations:

Amendments:

F12

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(a), S.I. No. 498 of 2003.

F13

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 33, S.I. No. 358 of 2015.

F14

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(i), (ii), (iv), (vii), (viii) and (x).

F15

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(a), in effect as per reg. 1(2).

F16

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(b), S.I. No. 393 of 2004.

F17

Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 3, commenced on enactment.

F18

Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(b), in effect as per reg. 1(2).

F19

Deleted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(2)(c), in effect as per reg. 1(2).

F20

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 21, S.I. No. 393 of 2004.

F21

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(iii) and (v).

F22

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 25(a).

F23

Substituted (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), reg. 11(1).

F24

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(vi), (ix), and (xi).

F25

Substituted (14.06.2011) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 4.

F26

Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(c), S.I. No. 393 of 2003.

F27

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(2), S.I. No. 393 of 2004.

F28

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(3), S.I. No. 393 of 2004, subject to saver in s. 59.

F29

Deleted (7.01.2014) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 25(b), in effect as per reg. 2.

F30

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(b).

F31

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(c), in effect as per reg. 1(2).

Editorial Notes:

E9

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E10

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E11

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E12

Previous affecting provision: subs. (1) amended (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(2)(a), (b) and (d), in effect as per reg. 1(2); substituted as per F-notes above.

2O.J. No. L 15/5, 7 January, 1994

11 O.J. No. L 26, 28.1.2012 p.1

3O.J. No. L 194/39, 25 July, 1975

6 OJ No. L 190, 12.7.2006, p.1

Repeals and revocations.

6

6. (1) Each enactment mentioned in column (2) of Part I of the Fifth Schedule is hereby repealed to the extent specified in column (3) of the said Part.

(2) Each statutory instrument mentioned in column (2) of Part II of the Fifth Schedule is hereby revoked to the extent specified in column (3) of the said Part.

Regulations, orders and directions.

7

7. (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) Regulations made under this Act may make different provisions in relation to different areas, different circumstances, different classes of persons or waste and different waste management or other activities.

(3) A regulation under this Act (other than a regulation under section 7 (6), 39 (8) or 62 ) or an order under this Act (other than an order under F32 [ section 1(2) , 8 , 69(1) or 72(12) ] or an order under subsection (5) amending or revoking an order under section 8 or 69 (1) ) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4) Where regulations under section 7 (6), 39 (8) or 62 , or an order under section 8 or 69 (1) or an order under subsection (5) amending or revoking such an order, is or are proposed to be made, a draft of the regulations or the order, as the case may be, shall be laid before each House of the Oireachtas and the regulations or order shall not be made until a resolution approving of the draft has been passed by each such House.

(5) ( a) The Minister may by order amend or revoke an order made by him or her under this Act F32 [ (other than an order under section 72(12) but including an order under this paragraph) ] and by direction amend or revoke a direction given by him or her under this Act (including a direction under this paragraph).

( b) The Agency may by direction amend or revoke a direction given by it under this Act (including a direction under this paragraph).

( c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking.

(6) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation, and any such regulations may modify any provision of this or any other enactment so far as may be necessary or expedient for the purposes aforesaid but no regulations may be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision.

Annotations:

Amendments:

F32

Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 10, commenced on enactment.

Editorial Notes:

E13

Power pursuant to section exercised (12.04.2019) by Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019).

E14

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E15

Power pursuant to section exercised (19.12.2017) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. No. 599 of 2017).

E16

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E17

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E18

Power pursuant to section exercised (1.10.2017) by Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017), in effect as per reg. 2.

E19

Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).

E20

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

E21

Power pursuant to section exercised (24.11.2015) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. No. 538 of 2015).

E22

Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).

E23

Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).

E24

Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).

E25

Power pursuant to section exercised (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), in effect as per reg. 2.

E26

Power pursuant to section exercised (25.11.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 546 of 2014).

E27

Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).

E28

Power pursuant to section exercised (18.12.2013) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. No. 504 of 2013).

E29

Power pursuant to section exercised (13.07.2010) by Waste Management (Licensing) (Amendment) Regulations 2010 (S.I. No. 350 of 2010), in effect as per reg. 2.

E30

Power pursuant to section exercised (1.03.2010) by Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010), in effect as per reg. 1(2).

E31

Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).

E32

Power pursuant to section exercised (27.07.2009) by Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009 (S.I. No. 286 of 2009).

E33

Power pursuant to section exercised (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), in effect as per reg. 1(2).

E34

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).

E35

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).

E36

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.

E37

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).

E38

Power pursuant to section exercised (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007), in effect as per reg. 3.

E39

Power pursuant to section exercised (20.02.2007) by Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007), in effect as per reg. 3.

E40

Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).

E41

Power pursuant to section exercised (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), in effect as per reg. 2.

E42

Power pursuant to section exercised (30.12.2004) by Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004), in effect as per reg. 1(2).

E43

Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).

E44

Power pursuant to section exercised (9.10.2003) by Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003 (S.I. No. 478 of 2003).

E45

Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.

E46

Power pursuant to section exercised (19.12.2001) by Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001).

E47

Power pursuant to section exercised (14.09.2001) by Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001).

E48

Power pursuant to section exercised (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), in effect as per reg. 1(2).

E49

Power pursuant to section exercised (30.06.2001) by Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations 2001 (S.I. No. 267 of 2001), in effect as per reg. 1(3).

E50

Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).

E51

Power pursuant to section exercised (1.05.2000) by Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000), in effect as per reg. 1(2).

E52

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

E53

Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.

E54

Power pursuant to section exercised (20.05.1998) by Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 (S.I. No. 148 of 1998), in effect as per reg. 1(2).

E55

Power pursuant to section exercised (20.05.1998) by Waste Management (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 146 of 1998), in effect as per reg. 1(2).

E56

Power pursuant to section exercised (30.04.1997) by Waste Management (Register) Regulations 1997 (S.I. No. 183 of 1997).

E57

Power pursuant to section exercised (27.03.1997) by Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997).

E58

Previous affecting provision: power pursuant to section exercised (1.07.2013) by Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.

E59

Previous affecting provision: power pursuant to section exercised (1.07.2012) by Waste Management (Landfill Levy) (Amendment) Regulations 2012 (S.I. No. 221 of 2012), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.

E60

Previous affecting provision: pursuant to section exercised (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), in effect as per reg. 2; revoked (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).

E61

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E62

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.

E63

Previous affecting provision: power pursuant to section exercised (1.02.2010) by Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I. No. 31 of 2010), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.

E64

Previous affecting provision: power pursuant to section exercised (20.01.2010) by Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010); superseded (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(d), S.I. No. 433 of 2011.

E65

Previous affecting provision: power pursuant to section exercised (31.12.2009) by Waste Management (Landfill Levy) Amendment Regulations 2009 (S.I. No. 550 of 2009), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.

E66

Previous affecting provision: power pursuant to section exercised (11.12.2009) by Waste Management (Landfill Levy) Order 2009 (S.I. No. 496 of 2009), art. 4; superseded (20.01.2010) by Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010), art. 4.

E67

Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.

E68

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E69

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E70

Previous affecting provision: pursuant to section exercised (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), in effect as per reg. 2; revoked (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).

E71

Previous affecting provision: power pursuant to section exercised (4.06.2008) by Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008); superseded (11.12.2009) by Waste Management (Landfill Levy) Order 2009 (S.I. No. 496 of 2009), art. 4.

E72

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3, subject to transitional provision and construed as per reg. 36(2) and (3).

E73

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E74

Previous affecting provision: pursuant to section exercised (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 (S.I. No. 66 of 2007), in effect as per reg. 3; revoked on same date (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007), reg. 6, in effect as per reg. 3.

E75

Previous affecting provision: pursuant to section exercised (28.07.2006) by Waste Management (Landfill Levy)(Amendment) Regulations 2006 (S.I. No. 402 of 2006); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.

E76

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E77

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005); revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), reg. 35(1), in effect as per reg. 34; subject to transitional provision and construed as per reg. 35(2) and (3).

E78

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E79

Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).

E80

Previous affecting provision: pursuant to section exercised (13.03.2002) by Waste Management (Landfill Levy) Regulations 2002 (S.I. No. 86 of 2002); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.

E81

Previous affecting provision: pursuant to section exercised (30.11.2001) by Waste Management (Collection Permit) (Amendment) Regulations 2001 (S.I. No. 540 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art. 2(1) and sch. 1, in effect as per art. 1(2); subject to transitional provision in art. 2(2).

E82

Previous affecting provision: power pursuant to section exercised (14.09.2001) by Waste Management Act 1996 (Prescribed Date) Order 2001 (S.I. No. 345 of 2001); superseded (14.09.2001) by Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001).

E83

Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).

E84

Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2 and sch. 1, in effect as per reg. 1(2).

E85

Previous affecting provision: power pursuant to section exercised (1.12.1998) by Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998), in effect as per reg. 1(2); rendered obsolete by revocation of S.I. No. 242 of 1997, see below.

E86

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 3(1) and sch. 1, in effect as per reg. 2; subject to transitional provisions in reg. 3(2), (3), and (4).

E87

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998), in effect as per reg. 1(2); revoked (12.07.2007) by Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007), reg. 12, in effect as per reg. 1(2).

E88

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998), in effect as per reg. 1(2); revoked (31.12.2011) by European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 (S.I. No. 324 of 2011), reg. 19(2), in effect as per reg. 19(2).

E89

Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.

E90

Previous affecting provision: pursuant to section exercised (1.08.1997) by Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997), in effect as per reg. 1(2); revoked (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), reg. 31, in effect as per reg. 1(2); subject to transitional provision in reg. 32.

E91

Previous affecting provision: pursuant to section exercised (1.07.1997) by Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997), in effect as per reg. 3; revoked (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), reg. 29, in effect as per reg. 3; subject to transitional provisions in reg. 30.

E92

Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.

Orders in relation to Third Schedule or Fourth Schedule .

8

8.The Minister may make an order amending the Third Schedule or the Fourth Schedule by adding or deleting anything to or from either of the said Schedules.

Offences by bodies corporate.

9

9. (1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

Annotations:

Editorial Notes:

E93

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E94

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E95

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

Penalties.

10

10. (1) A person guilty of an offence under this Act (other than an offence referred to in subsection (2)) shall be liable—

( a) on summary conviction, to a F33 [ class A fine ] or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment, or

( b) on conviction on indictment, to a fine not exceeding F34 [ 15,000,000 ] or to imprisonment for a term not exceeding 10 years, or to both such fine and such imprisonment.

(2) A person guilty of an offence under section 16 (5), 32 (6) (where the offence consists of a contravention of regulations under subsection (4) of that section), 33 (8) F35 [ 34(1)(c) , in so far as the offence consists of contravention of a condition attached, under section 34(7)(d) , to a waste collection permit, 34(10A) , 34A(13) ] , 38 (7) or 40 (13) shall be liable on summary conviction to a F36 [ class A fine ] or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment.

(3) If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding F34 [ 1,000 ] or (in the case of an offence to which subsection (1) applies) on conviction on indictment, to a fine not exceeding F34 [ 130,000 ].

(4) In imposing any penalty under subsection (1), the court shall, in particular, have regard to the risk or extent of environmental pollution F37 [ , and any remediation required, ] arising from the act or omission constituting the offence.

Annotations:

Amendments:

F33

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 34(a), S.I. No. 358 of 2015.

F34

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 22(b) and (d), S.I. No. 498 of 2003.

F35

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 34(b)(i), S.I. No. 358 of 2015.

F36

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 34(b)(ii), S.I. No. 358 of 2015.

F37

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 22(e), S.I. No. 498 of 2003.

Editorial Notes:

E96

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E97

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E98

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E99

Previous affecting provision: subss. (1)(a) and (2) amended (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 22(a) and (c), S.I. No. 498 of 2003, subject to saver in s. 59; section further amended as per F-notes above.

10A

F38 [ Fixed payment notice for certain offences relating to producer responsibility

10A. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence the authorised person may give to the person a notice (in this Act referred to as a fixed payment notice ) in writing and in the prescribed form stating that

( a ) the person is alleged to have committed that offence,

( b ) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or the Agency, as appropriate, at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice,

( c ) the person is not obliged to make the payment specified in the notice, and

( d ) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given

( a ) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or the Agency, as appropriate, at the address specified in the notice the payment specified in the notice, accompanied by the notice,

( b ) the local authority concerned or the Agency, as appropriate, shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority or Agency, as appropriate, shall retain the money for disposal in accordance with subsection (5) , and

( c ) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is

( a ) 2,000, where the relevant offence consists of a contravention of Regulation 10(5)(a) of the WEEE Regulations,

( b ) 1,000, where the relevant offence consists of a contravention of

(i) Regulation 17(3) or 21(1)(b) of the Batteries and Accumulators Regulations,

(ii) Regulation 14(1)(b)(i), 14(1)(b)(iii), 20(a) or 22(1) of the End-of-Life Vehicles Regulations,

(iii) Regulation 10(1)(b), 10(1)(c) or 10(1)(d) of the Packaging Regulations, or

(iv) Regulation 10(7) or 15(1)(a)(ii) of the WEEE Regulations,

(c) 500, where the relevant offence consists of a contravention of

(i) Regulation 21(4)(a) or 32(c) of the Batteries and Accumulators Regulations,

(ii) Regulation 10(1)(a), 15(1)(b) or 15(2)(c) of the Packaging Regulations, or

(iii) Regulation 13(5), 29(a)(i), 29(a)(ii) or 30(3) of the WEEE Regulations,

or

( d ) 100, where the relevant offence consists of contravention of Regulation 33 of the End-of-Life Vehicles Regulations.

(5) ( a ) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 of the Local Government Act 2001 and expended in accordance with that section.

( b ) Moneys received by the Agency pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined by the Agency with the prior consent of the Minister and the Minister for Public Expenditure and Reform.

(6) ( a ) In this section

authorised person means

(i) in relation to a relevant offence referred to in paragraph (b)(i) , an authorised person within the meaning of the Batteries and Accumulators Regulations,

(ii) in relation to a relevant offence referred to in paragraph (b)(ii) , an authorised person within the meaning of the End-of-Life Vehicles Regulations,

(iii) in relation to a relevant offence referred to in paragraph (b)(iii) , an authorised person within the meaning of the Packaging Regulations, and

(iv) in relation to a relevant offence referred to in paragraph (b)(iv) , an authorised person within the meaning of the WEEE Regulations;

Batteries and Accumulators Regulations means the European Union (Batteries and Accumulators) Regulations 2014 ( S.I. No. 283 of 2014 );

End-of-Life Vehicles Regulations means the European Union (End-of-Life Vehicles) Regulations 2014 ( S.I. No. 281 of 2014 );

Packaging Regulations means the European Union (Packaging) Regulations 2014 ( S.I. No. 282 of 2014 );

WEEE Regulations means the European Union (Waste Electrical and Electronic Equipment) Regulations 2014 ( S.I. No. 149 of 2014 ).

( b ) In this section relevant offence means

(i) an offence under Regulation 47 of the Batteries and Accumulators Regulations consisting of a contravention of Regulation 17(3), 21(1)(b), 21(4)(a) or 32(c) of those regulations,

(ii) an offence under Regulation 34 of the End-of-Life Vehicles Regulations consisting of a contravention of Regulation 14(1)(b)(i), 14(1)(b)(iii), 20(a), 22(1) or 33 of those regulations,

(iii) an offence under Regulation 34 of the Packaging Regulations consisting of a contravention of Regulation 10(1)(a), 10(1)(b), 10(1)(c), 10(1)(d), 15(1)(b) or 15(2)(c) of those regulations, or

(iv) an offence under Regulation 39 of the WEEE Regulations consisting of a contravention of Regulation 10(5)(a), 10(7), 13(5), 15(1)(a)(ii), 29(a)(i), 29(a)(ii) or 30(3) of those regulations. ]

Annotations:

Amendments:

F38

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 35, S.I. No. 358 of 2015.

Editorial Notes:

E100

The section heading is taken from the amending section in the absence of one included in the amendment.

E101

Power pursuant to section exercised (14.07.2016) by Waste Management (Fixed Payment Notice) (Producer Responsibility) Regulations 2016 (S.I. No. 373 of 2016).

10B

F39 [ Fixed payment notice for certain offences relating to waste collection permit

10B. (1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under section 34(1)(c) , in so far as the offence consists of contravention of a condition attached, under section 34(7)(d) , to a waste collection permit, the authorised person may give to the person a notice in writing (in this Act referred to as a fixed payment notice ) in the prescribed form stating that

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice make to the local authority concerned at the address specified in the notice a payment of 500 in respect of that offence, accompanied by the notice,

(c) the person is not obliged to make the payment specified in the notice, and

(d) a prosecution of the person to whom the notice is given in respect of the offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned, at the address specified in the notice, the payment specified in the notice accompanied by the notice,

(b) the local authority concerned shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority shall retain the money for disposal in accordance with subsection (4) , and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for an offence under section 34(1)(c) , in so far as the offence consists of contravention of a condition attached, under section 34(7)(d) , to a waste collection permit, it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 of the Local Government Act 2001 and expended in accordance with that section. ]

Annotations:

Amendments:

F39

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 36, S.I. No. 358 of 2015.

Editorial Notes:

E102

The section heading is taken from the amending section in the absence of one included in the amendment.

E103

Form prescribed for purposes of subs. (1) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 38 and sch. 9, as inserted (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016), reg. 2(t) and (w).

Prosecution of offences.

11

11. (1) Subject to subsection (5), summary proceedings for an offence under this Act may be brought by a local authority (whether or not the offence is committed in the authority’s functional area) or by the Agency.

(2) Notwithstanding subsection (1), the Minister may, by regulations, provide that summary proceedings for an offence aforesaid specified in the regulations may be brought by such person (including the Minister) as is so specified.

(3) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings in relation to an offence under this Act may be commenced—

( a) at any time within 12 months from the date on which the offence was committed, or

( b) if, at the expiry of that period, the person against whom the proceedings are to be brought is outside the State, within 6 months of the date on which he or she next enters the State, or

( c) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings, comes to such person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.

(4) For the purpose of this section, a certificate signed by or on behalf of the person bringing the proceedings as to the date on which evidence relating to the offence concerned came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.

(5) Subject to any order under section 69 , summary proceedings for an offence under this Act in respect of a failure to comply with a condition attached to a waste licence or any other requirements of or under this Act in relation to the carrying on of an activity, the subject of such a licence, may only be brought by the Agency.

Annotations:

Editorial Notes:

E104

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E105

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E106

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E107

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

11A

F40 [ Presumption in certain prosecutions.

11A. In a prosecution for an offence under section 32(6) or 39(9) relating to the recovery or disposal of waste on, in, over or under any land where it is proved that, by reason of

( a ) the nature of the particular recovery or disposal activity that was carried on,

( b ) the period of time over which it appears that activity was carried on,

( c ) the characteristics of the land and the degree of use or control it appears the owner of the land made of, or exercised in relation to, the land at the relevant time or times, or

( d ) any other relevant circumstances,

it is a reasonable inference that that recovery or disposal was carried on with the consent of the owner of the land then, it shall be presumed, until the contrary is shown, that that recovery or disposal was carried on with that owner s consent. ]

Annotations:

Amendments:

F40

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 23, S.I. No. 498 of 2003.

Cost of prosecutions.

12

12.Where a person is convicted of an offence under this Act in proceedings brought by a local authority, the Agency, or a person specified under section 11 (2) , the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the local authority, Agency or other person, as the case may be, the costs and expenses, measured by the court, incurred by the local authority, Agency or other person in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers, as the case may be.

Payment of certain fines to local authority, Agency or other persons.

13

13.Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act in proceedings brought by a local authority, the Agency or a person specified under section 11(2) it shall, on the application of the local authority, the Agency or the said person, as the case may be (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the local authority, the Agency or the said person and such payment may be enforced by the local authority, the Agency or the said person, as the case may be, as if it were due to it or him or her on foot of a decree or order made by the court in civil proceedings.

Powers of authorised person.

14

14. (1) An authorised person may, for any purpose connected with this Act—

( a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose, and

F41 [ ( b ) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary for the purpose. ]

(2) Subject to subsection(7), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this section unless he or she has given to the occupier of the dwelling not less than 24 hours notice in writing of his or her intended entry.

(3) Every authorised person shall be furnished with a certificate of his or her appointment and when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4) Whenever an authorised person enters any premises or boards any vehicle, pursuant to this section, the authorised person may therein, as appropriate—

( a) make such plans, take such photographs F42 [ , record such information on data loggers, make such tape, electrical, video or other recordings ] and carry out such inspections,

( b) make such tests F43 [ make such copies of documents and records (including records in electronic form) found therein and take such samples ],

( c) carry out such surveys, take such levels, make such excavations and carry out such examinations of depth and nature of subsoil,

( d) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,

( e) require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,

( f) require the production of and inspect such records and documents F44 [ , including records held in electronic form ], and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her by or under this Act.

(5) ( a) An authorised person who, having entered any premises or boarded any vehicle, pursuant to this section, considers that waste thereon or therein is such, or is being handled or transported in such manner, as to constitute a risk of environmental pollution, may direct the holder of such waste to take such measures as are considered by that authorised person to be necessary to remove that risk, including the disposal of the waste, in such manner and place and within such period as the authorised person may specify.

( b) If a holder of waste fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the direction is carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the holder of the waste by him or her, or the person by whom he or she was appointed, as a simple contract debt in any court of competent jurisdiction.

(6) Any person who—

( a) refuses to allow an authorised person to enter any premises or board any vehicle or to take any person or equipment with him or her in the exercise of his or her powers under this section,

( b) obstructs or impedes an authorised person in the exercise of any of his or her powers under this section,

( c) gives either to an authorised person, a relevant local authority or the Agency, information which to his or her knowledge is false or misleading in a material respect, or

( d) fails or refuses to comply with any requirement of this section or of an authorised person,

shall be guilty of an offence.

(7) ( a) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this subsection authorising the entry by the authorised person into the premises.

( b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time or times within 1 month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (4) or (5).

(8) An authorised person may, in the exercise of any power conferred on him or her by this Act involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith.

(9) An authorised person may enter on land for the purpose of assessing the suitability of the land for waste disposal; such an entry shall be subject to the relevant provisions of section 83 (other than subsection (6)) of the Act of 1963 as if it were an entry made under that section.

(10) The Minister may make regulations for the purposes of this section.

(11) Without prejudice to the generality of subsection (10), regulations under this section may provide for all or any of the following matters—

( a) the taking of samples and the carrying out of tests, examinations and analyses,

( b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses, or

( c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.

(12) Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

Annotations:

Amendments:

F41

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 24(1)(a), S.I. No. 498 of 2003.

F42

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 24(2)(a), S.I. No. 498 of 2003.

F43

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 24(2)(b), S.I. No. 498 of 2003.

F44

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 24(2)(c), S.I. No. 498 of 2003.

Modifications (not altering text):

C5

Section applied with modifications (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 4(4), in effect as per reg. 1(2).

Designation of competent authority

4. ...

(4) Without prejudice to the powers conferred on the competent authority or its authorised officers by these Regulations, it is declared that the provisions of section 14 of the Act, subject to any modifications or adaptations as may be required, shall apply in relation to these Regulations.

C6

Section applied with modifications (12.07.2007) by Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007), reg. 4(3), in effect as per reg. 1(2).

Designation of competent authority.

4. ...

(3) Without prejudice to the powers conferred on the competent authority or its authorised officers by the TFS Regulation and these Regulations it is declared that the provisions of section 14 of the Act, subject to any modifications or adaptations as may be required, shall apply in relation to these Regulations.

Editorial Notes:

E108

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E109

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E110

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E111

Offence under subs. (6) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).

E112

Offence under subs. (6) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.

E113

Offence under subs. (6) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).

E114

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.

E115

Previous affecting provision: offence under subs. (6) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).

E116

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E117

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

Monitoring and inspection.

15

15. (1) ( a) Each local authority and the Agency shall carry out, or cause to be carried out, such monitoring of the nature, extent and effects of emissions to the environment arising from the holding, recovery or disposal of waste as it considers to be necessary for the performance of its functions under this Act.

F45 [ ( b )(i) Establishments or undertakings which carry out waste treatment operations, establishments or undertakings which collect or transport waste on a professional basis, brokers and dealers, and establishments or undertakings which produce hazardous waste, shall be subject to appropriate periodic inspections by the local authorities, the Agency and Dublin City Council, as appropriate.

(ii) Inspections concerning collection and transport operations shall cover the origin, nature, quantity and destination of the waste collected and transported.

(iii) The authorities referred to in subparagraph (i) may take account of registrations obtained under the Community Eco-Management and Audit Scheme (in this Act referred to as EMAS ), in particular regarding the frequency and intensity of inspections. ]

F45 [ (2)( a ) The persons referred to in section 39(1) , the producers of hazardous waste and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of the quantity, nature and origin of the waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste, and shall make that information available, on request, to the local authorities, the Agency or Dublin City Council, as appropriate.

( b ) For hazardous waste, the records shall be preserved for at least 3 years (except in the case of establishments and undertakings transporting hazardous waste which shall keep such records for at least 12 months).

( c ) Documentary evidence that the management operations have been carried out shall be supplied by the establishment or undertaking concerned at the request of the local authorities, the Agency or Dublin City Council, or of a previous holder, as appropriate. ]

(3) ( a) Where it appears necessary so to do for any purpose of this Act, a local authority or the Agency may require any person who holds or is in control of the recovery or disposal of any waste to carry out or arrange to have carried out such monitoring in relation to the activity concerned as the local authority or the Agency may specify and to keep and to supply to the local authority or the Agency such records of the said monitoring as the local authority or the Agency may specify.

( b) A person who fails to comply with a requirement under this subsection shall be guilty of an offence.

(4) Each local authority and the Agency shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring carried out under this section that are in its possession or control.

(5) Each local authority and the Agency shall carry out or take or cause to be carried out or taken such monitoring or other measures as it considers necessary to verify that any monitoring or records of such monitoring required by it under subsection (3) to be carried out or kept are being carried out or kept.

(6) Without prejudice to any other provisions of this Act, the Minister shall make regulations requiring the making of payments to the Agency or a local authority by any person holding, dealing in, or in control of the recovery or disposal of, waste for the purpose of defraying costs which may be incurred by the Agency or local authority in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities aforesaid of that person.

(7) A defrayment, the payment of which is required under regulations under this section, shall be payable on demand and, in default of being so paid, shall be recoverable from the person concerned by the Agency or local authority concerned as a simple contract debt in any court of competent jurisdiction.

Annotations:

Amendments:

F45

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 2011), reg. 6.

Modifications (not altering text):

C7

Application of subs. (2) restricted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 36.

Hazardous waste produced by households

36. (1) Section 15(2) of the Act of 1996 and Regulations 33, 34, 35 and 45 shall not apply to mixed waste produced by households.

(2) Section 15(2) of the Act of 1996 and Regulations 35 and 45 shall not apply to separate fractions of hazardous waste produced by households until they are accepted for collection, disposal or recovery by an establishment or an undertaking which has obtained a waste licence or has been registered in accordance with section 39(1) of the Act of 1996 or Regulation 39.

Editorial Notes:

E118

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

E119

Offence under subs. (3) prescribed (24.07.2013) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).

E120

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.

E121

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).

E122

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).

E123

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).

E124

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

E125

Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.

E126

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E127

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.

E128

Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.

E129

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E130

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E131

Previous affecting provision: offence under subs. (6) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).

E132

Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art. 2(1) and sch. 1, in effect as per art. 1(2); subject to transitional provision in art. 2(2).

E133

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), art. 3(1) and sch. 1, in effect as per art. 2; subject to transitional provisions in art. 3(2), (3), and (4).

E134

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998), in effect as per reg. 1(2); revoked (12.07.2007) by Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007), reg. 12, in effect as per reg. 1(2).

E135

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998), in effect as per reg. 1(2); revoked (31.12.2011) by European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 (S.I. No. 324 of 2011), reg. 19(2), in effect as per reg. 19(2).

Service of notices.

16

16. (1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—

( a) by addressing it to the person by name and delivering it to him or her,

( b) by leaving it at the address at which the person ordinarily resides,

( c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides,

( d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, F46 [ that address, ]

( e) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or F46 [ near the premises, or ]

F47 [ ( f ) by such other means as may be prescribed. ]

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “ the occupier”, “ the owner” or “ the person in charge”, as the case may be.

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not at any time during the period of 3 months after a notice is affixed under subsection (1) (e) remove, damage or deface the notice without lawful authority.

(5) A person who contravenes subsection (4) shall be guilty of an offence.

Annotations:

Amendments:

F46

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 25(a) and (b), S.I. No. 498 of 2003.

F47

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 25(c), S.I. No. 498 of 2003.

Editorial Notes:

E136

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

Time for the doing of certain things: Saturdays, Sundays, public holidays, etc.

17

17. (1) Where a provision of this Act, or of any regulation made under this Act, or of any notice served under this Act, enables representations or objections to be made, or requires documents, particulars or other information to be furnished, before the expiration of a specified period and the last day of the period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973) or any other day on which the principal office of the local authority concerned or the Agency (as the case may be) is closed, the representations, objections, documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the local authority or the Agency on the next following day on which the principal office of the local authority or the Agency is open.

(2) In this section “ representations or objections” includes submissions and observations.

Information.

18

18. (1) The Minister, a local authority or the Agency may, for any purpose relating to his or her or its functions under this Act, by the service of a notice in writing on the person, require—

( a) any holder of waste, or

( b) any person, engaged in the importation, exportation, production, collection, recovery or disposal of waste, or any related or ancillary activity, or

( c) any person acting as a waste broker or dealer, or

( d) the occupier or person in charge of any waste facility,

to maintain such records and to furnish in writing to the Minister, local authority or Agency, as the case may be, within such period (being not less than 14 days after the date of the service of the notice) and, if appropriate, thereafter at such frequency as may be specified in the notice, such particulars, as to—

(i) any activity or process as aforesaid or any facility concerned,

(ii) provision proposed to be made or made or measures taken for the importation, exportation, collection, recovery or disposal of any waste concerned,

(iii) the origin, type, quantity, nature, composition and properties of waste concerned, or

(iv) any other related or ancillary matter,

as may be so specified.

(2) A person who fails to comply with a notice under this section or who furnishes any information in reply to such a notice which he or she knows to be false or misleading in a material respect shall be guilty of an offence.

(3) The Minister shall make regulations requiring—

( a) a specified class or classes of person carrying on a specified class or classes of waste recovery or disposal activity, or

( b) a specified class or classes of holder or producer of a specified class or classes of waste,

to maintain specified records for a specified period or periods, and to provide or make available specified information, including evidence of specified matters, to a local authority, the Agency or any other specified person, at such frequency, under such circumstances and in such manner as may be specified.

(4) Information obtained under this section by a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or the Agency so requests, be furnished to the Minister or the Agency, as the case may be.

(5) Each local authority and the Agency shall compile or otherwise obtain, and furnish to the Minister, such statistics or other information relating to any aspect of waste production and management, at such frequency, as may be specified in writing by the Minister.

(6) Where the Agency or a local authority brings proceedings against a person in respect of an offence under this Act, and the person is convicted of that offence, the Agency or the local authority, as the case may be, shall, as soon as may be after the conviction of the person, inform each local authority or, as the case may be, each other local authority and the Agency of the fact that the person has been so convicted, giving such details, as it thinks appropriate, of the nature of the offence.

(7) Where the Agency grants, effects the transfer or accepts the surrender of a waste licence, it shall (unless the holder of the licence or the transferee thereof is a local authority) within a period of 21 days thereafter inform the local authority in whose functional area the activity, the subject matter of the licence concerned, will be, or (as the case may be) is or has been, carried on, of that fact.

(8) A person who contravenes a provision of regulations under subsection (3) shall be guilty of an offence.

Annotations:

Editorial Notes:

E137

Power pursuant to subs. (3) exercised (12.04.2019) by Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019).

E138

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E139

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E140

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E141

Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).

E142

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

E143

Power pursuant to subs. (3) exercised (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), in effect as per reg. 2.

E144

Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).

E145

Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).

E146

Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).

E147

Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).

E148

Power pursuant to subs. (3) exercised (1.07.2013) by Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013), in effect as per reg. 2.

E149

Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).

E150

Power pursuant to section exercised (27.07.2009) by Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009 (S.I. No. 286 of 2009).

E151

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).

E152

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).

E153

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.

E154

Offences under subss. (2) and (8) prescribed as offences for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.

E155

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).

E156

Offences under subss. (2) and (8) prescribed as offences for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).

E157

Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).

E158

Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).

E159

Power pursuant to section exercised (1.05.2000) by Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000), in effect as per reg. 1(2).

E160

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

E161

Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.

E162

Previous affecting provision: power pursuant to subs. (3) exercised (1.07.2013) by Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.

E163

Previous affecting provision: power pursuant to subs. (3) exercised (1.07.2012) by Waste Management (Landfill Levy) (Amendment) Regulations 2012 (S.I. No. 221 of 2012), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.

E164

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E165

Previous affecting provision: pursuant to subs. (3) exercised (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), in effect as per reg. 2; revoked (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).

E166

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.

E167

Previous affecting provision: power pursuant to section exercised (1.02.2010) by Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I. No. 31 of 2010), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.

E168

Previous affecting provision: power pursuant to section exercised (31.12.2009) by Waste Management (Landfill Levy) Amendment Regulations 2009 (S.I. No. 550 of 2009), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.

E169

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E170

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E171

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E172

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (1.10.2017) by Waste Management (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).

E173

Previous affecting provision: pursuant to section exercised (28.07.2006) by Waste Management (Landfill Levy)(Amendment) Regulations 2006 (S.I. No. 402 of 2006); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.

E174

Previous affecting provision: pursuant to section exercised (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), in effect as per reg. 2; revoked (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).

E175

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E176

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E177

Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).

E178

Previous affecting provision: pursuant to section exercised (13.03.2002) by Waste Management (Landfill Levy) Regulations 2002 (S.I. No. 86 of 2002); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.

E179

Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art. 2(1) and sch. 1, in effect as per art. 1(2); subject to transitional provision in art. 2(2).

E180

Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).

E181

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), art. 3(1) and sch. 1, in effect as per art. 2; subject to transitional provisions in art. 3(2), (3), and (4).

E182

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998), in effect as per reg. 1(2); revoked (31.12.2011) by European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 (S.I. No. 324 of 2011), reg. 19(2), in effect as per reg. 19(2).

E183

Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.

E184

Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.

Register to be maintained by each local authority and the Agency.

19

19. (1) Each local authority and the Agency shall as soon as may be after the commencement of this section establish and maintain a register for the purposes of this Act, and shall make therein all such entries and additions as may, from time to time, be prescribed.

(2) A register under this section shall be kept at the principal office of the local authority concerned or the Agency, as the case may be, and shall be made available for inspection by any person during office hours.

(3) Where a request is made to a local authority or the Agency for a copy of an entry in the register maintained by it under this section, the authority or the Agency, as the case may be, shall issue such a copy to the applicant on, if it so requires, the payment by the applicant to it of a fee of such an amount (not exceeding the reasonable cost of making the copy) as it may determine.

(4) Every document purporting to be a copy of an entry in a register maintained by a local authority or the Agency under this section and purporting to be certified by an officer of the local authority or the Agency to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(5) Evidence of an entry in a register under this section may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

(6) A local authority shall notify, in such manner and at such times as may be prescribed, the Agency of such particulars entered in a register maintained by it under this section as may be prescribed.

(7) ( a) A local authority or the Agency may keep a register under this section otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction of any entry in the register.

( b) References in the preceding provisions of this section to a copy of an entry in a register under this section shall be construed as including references to such a legible copy or reproduction.

Annotations:

Editorial Notes:

E185

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E186

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E187

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E188

Power pursuant to section exercised (1.10.2017) by Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017), in effect as per reg. 2.

E189

Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).

E190

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

E191

Additional entries for register maintained under section prescribed (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 26, in effect as per reg. 3.

E192

Additional entries for register maintained under section prescribed (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 17(1), in effect as per reg. 3.

E193

Additional entries for register maintained under section prescribed (1.03.2010) by Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010), reg. 4, in effect as per reg. 1(2).

E194

Additional entries for register maintained under section prescribed (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 5, in effect as per reg. 1(2).

E195

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.

E196

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).

E197

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).

E198

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).

E199

Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).

E200

Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).

E201

Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.

E202

Power pursuant to section exercised (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), in effect as per reg. 1(2).

E203

Power pursuant to section exercised (30.04.1997) by Waste Management (Register) Regulations 1997 (S.I. No. 183 of 1997).

E204

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E205

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.

E206

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E207

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E208

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).

E209

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E210

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E211

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E212

Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).

E213

Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art. 2(1) and sch. 1, in effect as per art. 1(2); subject to transitional provision in art. 2(2).

E214

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), art. 3(1) and sch. 1, in effect as per art. 2; subject to transitional provisions in art. 3(2), (3), and (4).

E215

Previous affecting provision: pursuant to section exercised (1.08.1997) by Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997), in effect as per reg. 1(2); revoked (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), reg. 31, in effect as per reg. 1(2); subject to transitional provision in reg. 32.

E216

Previous affecting provision: pursuant to section exercised (1.07.1997) by Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997), in effect as per reg. 3; revoked (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), reg. 29, in effect as per reg. 3; subject to transitional provisions in reg. 30.

Expenses.

20

20.The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Transfer of functions from local authorities to Agency, etc.

21

21. (1) The Minister may, following consultation with the Agency, where he or she is satisfied that any function conferred on a local authority by this Act could be more effectively performed by the Agency in lieu of being performed by that authority, by regulations provide that the function shall be performed by the Agency with effect from a date specified in the regulations.

(2) Whenever regulations under subsection (1) are in force in relation to a particular function, a reference in this Act to a local authority shall, where appropriate, be construed as a reference to the Agency and the function to which the regulations relate shall be a function of the Agency.

(3) The Minister may, where he or she is satisfied that any function conferred on a local authority by this Act could, as respects the functional area of the corporation of a borough (other than a county borough), or the council of an urban district, that is situate in the functional area of that local authority, be more effectively performed by the said corporation or council in lieu of being performed by that authority, by regulations provide that the said function shall, with effect from a date specified in the regulations, be performed, as respects the first-mentioned functional area, by the said corporation or, as the case may be, council.

(4) Whenever regulations under subsection (3) are in force in relation to a particular function, a reference in this Act to a local authority shall, where appropriate, be construed as a reference to the corporation of the borough or the council of the urban district to which the regulations relate and the function to which the regulations relate shall be a function of the said corporation or council.

(5) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying and applying any provision of this Act or of any other enactment) as appear to the Minister to be necessary for the purpose or in consequence of, or to give full effect to, the regulations.

21A
21A

F48 [ Waste hierarchy.

21A. (1) The following waste hierarchy shall apply as a priority order in waste prevention and management legislation and policy:

( a ) prevention;

( b ) preparing for re-use;

( c ) recycling;

( d ) other recovery (including energy recovery); and

( e ) disposal.

(2)( a ) When applying the waste hierarchy referred to in subsection (1) , the Minister, the Agency and the local authorities, in carrying out their respective functions under this Act, shall take measures to encourage the options that deliver the best overall environmental outcome.

( b ) Such measures may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste.

(3) The Minister shall ensure that the development of waste legislation and policy is a fully transparent process, observing existing national rules about the consultation and involvement of citizens and stakeholders.

(4) In carrying out their respective functions under this Act and related waste management legislation and policy, the Minister, the Agency and the local authorities shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Article 1 of the Waste Directive and section 32(1) . ]

Annotations:

Amendments:

F48

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 7.

PART II

Waste Management Planning

Waste management plans.

22

22. (1) In this section—

relevant period” means the period beginning on the date of making of the waste management plan concerned or, as the case may be, the date on which the F49 [ last evaluation ] of the said plan under subsection (4) was completed and ending on the date on which the local authority or authorities concerned expect to complete or, as may be appropriate, to next complete, F49 [ an evaluation ] of the plan under that subsection;

F50 [ revise , in relation to a waste management plan, includes a review of the plan; ]

waste management plan” includes, where the context admits, a replacement waste management plan under subsection (4) F51 [ ].

F52 [ (2)( a ) Subject to subsection (3) and section 24 , in order that plans in combination cover the entire geographical territory of the State, each local authority shall make a waste management plan for non-hazardous waste in relation to its functional area.

( b ) The Agency, shall, in accordance with section 26 , establish such a plan for the State in respect of hazardous waste.

( c ) The plans shall

(i) lay down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use,

(ii) be in accordance with the waste hierarchy set out in section 21A ,

(iii) meet the protection of human health and the environment obligations set out in section 32(1) , and

(iv) meet the principles of self-sufficiency and proximity set out in section 37A .

( d ) Waste management plans and the hazardous waste management plan in existence at the commencement of the Regulations of 2011 shall be evaluated by 31 December 2012 and, consequent on any such evaluation, where appropriate, be revised to be brought into line with the requirements of the Waste Directive.

(3) Two or more local authorities may, in lieu of each of them making a waste management plan, jointly make a plan (in this Act also referred to as a waste management plan ) as respects their functional areas with regard to the matters specified in subsection (2) .

(4) A local authority or, in the case of a waste management plan under subsection (3) , the 2 or more local authorities concerned, shall ensure that a waste management plan made by it or them from time to time as occasion may require is evaluated at least once in each period of 6 years after the date of making of the plan and may, consequent on such an evaluation, where appropriate, make, in accordance with Article 9 of the Waste Directive, Regulation 31 of the Regulations of 2011 and section 23 , any revisions to the plan or replace it with a new waste management plan as it or they thinks or think fit. ]

(5) A local authority shall, before it commences the preparation of any of the following, namely, a waste management plan under subsection (2) or (3), a F53 [ revision ] of, or a replacement for, such a plan under subsection (4)or a replacement for such a plan in compliance with a requirement made by the Minister under section 24 , cause notice of its intention to commence such preparation to be published in a newspaper circulating in its functional area and such a notice shall state that written representations in relation to the matter may be made to the local authority within a specified period, being a period of not less than 2 months from the date of publication of the notice.

F54 [ (6)( a ) A waste management plan shall

(i) set out an analysis of the current waste management situation in the geographical entity concerned (if regional, for example, for the region),

(ii) set out the measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste, and

(iii)(I) set out an evaluation of how the plan will support the implementation of the objectives and provisions of the Waste Directive,

(II) set out such measures or arrangements as are to be taken or entered into by the local authority or local authorities,with a view to securing the objectives of the plan, and

(III) with regard to hazardous waste, cover the matters specified in subsection (8) in so far as they relate to its functional area.

( b ) A waste management plan shall contain, as appropriate, and taking into account the geographical level and coverage of the planning area, at least the following:

(i)(I) the type, quantity and source of waste generated within the territory, the waste likely to be shipped from or to the national territory, and an evaluation of the development of waste streams in the future; and

(II) a requirement that, in order to fulfil this obligation, liaison shall be undertaken, as appropriate, with the Minister, the Agency, Dublin City Council and other relevant local authorities;

(ii) existing waste collection schemes and major disposal and recovery installations, including any special arrangements for waste oils, hazardous waste or waste streams addressed by specific Community acts;

(iii) an assessment in accordance with section 37A of the need for new collection schemes, the closure of existing waste installations, additional waste installation infrastructure and, if necessary, the investments related thereto;

(iv) sufficient information on the location criteria for site identification and on the capacity of future disposal or major recovery installations, if necessary;

(v) general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems;

(vi) information as respects the integration and implementation of measures consequential on, or incidental to, the requirements of section 27A in relation to waste prevention programmes;

(vii) the measures taken by the Minister to give effect to Article 22 of the Waste Directive in relation to bio-waste.

( c ) A waste management plan may contain, taking into account the geographical level and coverage of the planning area, the following:

(i) organisational aspects related to waste management including a description of the allocation of responsibilities between public and private actors carrying out the waste management;

(ii) an evaluation of the usefulness and suitability of the use of economic and other instruments in tackling various waste problems, taking into account the need to maintain the smooth functioning of the internal market;

(iii) the use of awareness campaigns and information provision directed at the general public or at a specific set of consumers.

( d ) Waste management plans shall conform to the waste planning requirements laid down in Article 14 of European Parliament and Council Directive 94/62/EC of 20 December 1994 7 on packaging and packaging waste, and the strategy for the implementation of the reduction of biodegradable waste going to landfills, referred to in Article 5 of Council Directive 1999/31/EC of 26 April 1999 8 on the landfill of waste as well as national legislation and policy on biodegradable waste. ]

(7) Without prejudice to the generality of subsection (6), a waste management plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—

( a) the policies and objectives, and the priorities respectively assigned to them, of the local authority or authorities concerned in relation to assisting the prevention and minimisation of waste and in relation to the management generally of activities carried on by it or them or other persons as respects the collection, recovery and disposal of waste within its or their functional area or areas;

(b) the measures which—

(i) will be taken during the relevant period by the local authority or authorities concerned, and

(ii) in so far as the local authority or authorities concerned can determine, will or may be taken during the relevant period by persons other than such authority or authorities,

for the purpose of preventing or minimising the production of waste;

( c) F55 [ ]

( d) F55 [ ]

( e) facilities, plant and equipment which the local authority or authorities concerned expect to be available or, in its or their opinion, will be required to be available for the collection, recovery or disposal of waste in its or their functional area or areas during the relevant period and matters relevant to the selection of sites in respect of facilities aforesaid;

( f) general requirements of a technical or other nature applicable to the collection, recovery and disposal of waste and the aftercare of facilities used for the disposal of waste;

( g) the steps to be taken generally by the local authority or authorities concerned to enforce the provisions of this Act in its or their functional area or areas;

( h) the identification of sites at which waste disposal or recovery activities have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, measures proposed to be taken, or, where such an assessment has already been made measures taken, in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and measures proposed to be taken, or, where such measures have already been identified, measures taken, to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;

( i) any incidental and ancillary matters;

( j) such other matters as may be prescribed.

(8) There shall be included in a waste management plan, but separate from the other information contained in the plan, information as respects the implementation of measures consequential on, or incidental to, the provisions of the hazardous waste management plan or any recommendations made by the Agency under section 26 (6) .

F56 [ (8 bis.) F57 [ ] ]

(9) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a waste management plan.

F58 [ (10) ( a ) On and from the passing of the Waste Management (Amendment) Act, 2001, but without prejudice to paragraph (c) , the duties of a local authority under this section with respect to the making of a waste management plan shall be carried out by the manager of the authority and, accordingly, the making of such a plan shall be an executive function.

( b ) For the avoidance of doubt, the waste management plans to which paragraph (a) applies include such a plan which a local authority indicated its intention, before the passing of the Waste Management (Amendment) Act, 2001, to make jointly with one or more other local authorities but which plan it subsequently (but before the said passing) decided not to make.

( c ) Where in the opinion of the manager of a local authority a waste management plan purporting to be made, before the passing of the Waste Management (Amendment) Act, 2001, by the authority jointly with one or more other local authorities is invalid because the decision of the authority purporting to make the plan, expressly or by implication, qualifies its assent to the plan

(i) by making its assent to the plan subject to one or more conditions being satisfied, or

(ii) by the authority purporting to reserve to itself a power to vary the plan, otherwise than pursuant to the powers conferred on it in that behalf by this section, or

(iii) in any other respect whatsoever,

the manager shall, not later than the date prescribed for the purposes of subsection (2) , by order

(I) declare that he or she is of that opinion, and

(II) make the said plan,

and the said plan, as so made, shall, accordingly, be deemed for all purposes to be the waste management plan made by the local authority, but without prejudice to any steps taken by that or any other local authority, before the date of the making of the said order, pursuant to the terms of the said plan as purported to be jointly made by those local authorities.

F59 [ ( d ) On and from the commencement of section 26 (2)(b) of the Protection of the Environment Act 2003, F60 [ the evaluation, revision ] or replacement of a waste management plan shall be an executive function. ]

( e ) F61 [ ]

( f ) F61 [ ]

( g ) A local authority shall not, by resolution, under section 3 or 4 of the City and County Management (Amendment) Act, 1955 , or section 179 of the Planning and Development Act, 2000 , give a direction that works not be proceeded with or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a waste management plan or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 3, 4 or 179 which contravenes this paragraph shall be void.

F62 [ (10A) ( a ) The development plan for the time being in force in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in the waste management plan in force in relation to that area.

( b )(i) In the event of there being a conflict between an objective deemed to be included in a development plan by virtue of paragraph (a) (the firstmentioned objective ) and an objective otherwise included in the development plan (the second-mentioned objective ), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the waste management plan referred to in that paragraph.

(ii) A reference in subparagraph (i) to

(I) an objective deemed to be included in a development plan by virtue of paragraph (a) shall be construed as including a reference to an objective deemed to be included in a development plan by virtue of this subsection before the amendment of it by section 26 of the Protection of the Environment Act 2003 ,

(II) an objective otherwise included in a development plan shall be construed as including a reference to an objective otherwise included in a development plan before the amendment of this subsection by that section 26 .

(10AA) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or An Bord Plean á la solely on the ground that the development to which the application relates is not specifically referred to in the waste management plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that waste management plan. ]

(10B) ( a ) Where a planning authority proposes to grant permission under Part III of the Planning and Development Act, 2000 , for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority s functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall

(i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area,

(ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under the Planning and Development Act, 2000 .

( b ) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.

( c ) Following consideration of any submissions or observations received in accordance with paragraph (b) , the manager of the planning authority may, subject to, and in accordance with, the provisions of the Planning and Development Act, 2000 (apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.

( d ) Section 34(6) of the Planning and Development Act, 2000 , shall not apply to applications for permission referred to in paragraph ( a ).

( e ) Notwithstanding section 34(8) of the Planning and Development Act, 2000 , where a notice referred to in paragraph (a) is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published.

(10C) ( F63 [ a ] ) Where development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the area concerned but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to the area concerned, is proposed to be carried out by

( F63 [ i ] ) a local authority that is a planning authority, or

( F63 [ ii ] ) some other person on behalf of, or jointly or in partnership with such a local authority, pursuant to a contract entered into by that local authority,

within the functional area of the authority (hereafter in this section referred to as proposed development ), the manager shall publish notice of the intention of the authority to carry out the proposed development in one or more newspapers circulating in that functional area.

( F63 [ b ] ) Any submission or observation in writing in relation to the proposed development which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.

( F63 [ c ] ) Following consideration of any submissions or observations received in accordance with subsection (2) , the manager may

( F63 [ i ] ) notwithstanding the fact that the proposed development would materially contravene the development plan, decide to proceed with the proposed development, with or without modifications (and, where he or she so decides, he or she shall follow the relevant procedures contained in section 175 or 179 of the Planning and Development Act, 2000 , as appropriate), or

( F63 [ ii ] ) decide not to proceed with the proposed development. ]

F64 [ (10D) ( a ) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000 , planning authorities and An Bord Plean á la shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.

( b ) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection. ]

(11) In making or F65 [ evaluating ] a waste management plan, the local authority or authorities concerned shall have regard to the proper planning and development of its or their functional area or areas and shall, for this purpose, have regard to the provisions of—

( a) the development plan or plans and any special amenity area order made under the Act of 1963,

( b) a water quality management plan made under the Local Government (Water Pollution) Acts, 1977 and 1990, and

( c) an air quality management plan made under the Air Pollution Act, 1987,

for the time being in force in relation to the said area or areas.

(12) A local authority shall take such steps as are appropriate and necessary to attain in relation to its functional area the objectives in a waste management plan made by the authority (whether such plan has been made by the authority or jointly by the authority with another local authority or other local authorities).

(13) The corporation of a borough (not being a county borough) or the council of an urban district shall, in the performance by it of any functions in relation to waste management, have regard to the provisions of a waste management plan made by the council of the county in whose functional area the borough or urban district is situate.

(14) F66 [ ]

Annotations:

Amendments:

F49

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(a)(ii).

F50

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(a)(i).

F51

Deleted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(a), S.I. No. 393 of 2003.

F52

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(b).

F53

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(c).

F54

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(d).

F55

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(e).

F56

Inserted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(3), in effect as per reg. 1(2).

F57

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(f).

F58

Substituted and inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 4, commenced on enactment.

F59

Substituted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(b), S.I. No. 393 of 2003.

F60

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(g).

F61

Deleted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(b), S.I. No. 393 of 2003.

F62

Substituted and inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(c), S.I. No. 393 of 2003.

F63

Substituted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 27(2) and (3), S.I. No. 393 of 2003.

F64

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.

F65

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(h).

F66

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(i).

Modifications (not altering text):

C8

Reference in subs. (10C)(c) to “subsection 2” construed (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 27(4), S.I. No. 393 of 2003.

Further amendment of section 22 of Act of 1996: minor textual corrections.

27.—...

“relevant subsection” means subsection (10C) (inserted by the Act of 2001) of section 22 of the Act of 1996.

...

(4) The reference in the relevant subsection, in the third division thereof, to “subsection (2)” shall be read, and be construed as always having been intended to be read, as a reference to “paragraph ( b)”.

Editorial Notes:

E217

Power pursuant to section exercised (14.09.2001) by Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001).

E218

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

E219

Power pursuant to section exercised (27.03.1997) by Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997).

E220

Previous affecting provision: subs. (8bis) inserted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(3), in effect as per reg. 1(2); deleted as per F-note above.

E221

Previous affecting provision: power pursuant to section exercised (14.09.2001) by Waste Management Act 1996 (Prescribed Date) Order 2001 (S.I. No. 345 of 2001); superseded (14.09.2001) by Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001).

E222

Previous affecting provision: subs. (1) amended (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 5, commenced on enactment; subsection further amended as per F-note above.

7 OJ No. L 365, 31.12.1994, p.10

8 OJ No. L 182, 16.07.1999, p.1.

Publication of notices in relation to waste management plans and procedure on review of such plans.

23

23. (1) Where a local authority proposes to make, under subsection (2) or (3) of section 22 , F67 [ or to revise ] or replace under subsection (4) of that section, or to replace in compliance with a requirement made by the Minister under section 24 , a waste management plan (“ the plan”), the local authority shall cause to be published in at least one newspaper circulating in its functional area a notice of the proposal to F67 [ make, revise ] or replace, as the case may be, the plan, and shall submit a copy of the proposed plan or, as the case may be, the proposed F67 [ revision ] of the plan, to the Minister, the Agency and such other persons as may be prescribed.

(2) A notice under subsection (1) shall state that—

( a) a copy of the proposed plan or, as the case may be, F67 [ the proposed revision ] of the plan may—

(i) be inspected at a specified place and at specified times during a specified period, being a period of not less than 2 months from the time when the proposed plan or F67 [ revision is deposited for inspection (and the proposed plan or revision ] shall be so deposited and made available for such inspection accordingly), and

(ii) be purchased from the local authority (and the proposed plan or F67 [ revision ] shall be made available for such purchase accordingly (at a cost not exceeding the reasonable cost of making a copy));

( b) written representations in relation to the proposed plan or to the F67 [ proposed revision ] of the plan made to the local authority within the period aforesaid will be taken into consideration by the local authority or authorities concerned before the making of the plan or, as the case may be, F67 [ the revision ] of the plan (and any such representations shall be taken into consideration accordingly).

(3) The local authority or authorities concerned, having considered any representations duly made to it or each of them, as the case may be, within the relevant period under subsection (2), may make, F67 [ revise ] or replace the plan (whether in the terms as originally proposed or with such amendments as it or they thinks or think fit).

(4) ( a) A local authority which has made a plan under subsection (2) or (3) of section 22 shall furnish to a person, on request and, if the authority so requires, payment to it by the person of such reasonable fee as it may charge, a copy of, or extract from, the plan, within a period of 21 days of receipt by the authority of such request, or of payment of such fee as it may charge, whichever shall be the later.

( b) A document purporting to be a copy of a plan or to be an extract from a plan and to be certified by an officer of a local authority which made the plan under subsection (2) or (3) of section 22 as a true copy shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he or she was in fact such an officer.

( c) Evidence of a plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

Annotations:

Amendments:

F67

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 9.

Editorial Notes:

E223

Power pursuant to section exercised (27.03.1997) by Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997).

Power of Minister in relation to waste management plans.

24

24.The Minister may, after consultation with the local authority or authorities concerned—

( a) require that two or more local authorities jointly make a waste management plan under section 22 (3) ,

( b) require that the making of waste management plans, whether under subsection (2) or (3) of section 22 , by two or more local authorities be co-ordinated in such manner and in relation to such matters as the Minister may specify, and

( c) require a local authority or, as the case may be, two or more local authorities, to F68 [ revise ] (whether by addition or deletion) a waste management plan made by it or them in such manner as the Minister may specify or to replace the plan by a new waste management plan,

and the local authority or authorities shall comply with any such requirement of the Minister.

Annotations:

Amendments:

F68

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 10.

Duty of local authority on making, varying or replacing a waste management plan.

25

25.As soon as may be after a local authority or, as the case may be, two or more local authorities, has or have made, F69 [ revised ] or replaced a waste management plan, the local authority or, as the case may be, one of the local authorities, shall transmit a copy of the plan or F69 [ revision ] or the new plan, as the case may be, to the Minister, the Agency and such other persons as may be prescribed.

Annotations:

Amendments:

F69

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 11.

Hazardous waste management plan.

26

26. (1) The Agency shall, as soon as may be after the commencement of this section, but not later than such date as may be prescribed, make a national plan (in this Act referred to as “ the hazardous waste management plan”) with regard to—

( a) the prevention and minimisation of hazardous waste,

( b) the recovery of hazardous waste,

( c) the collection and movement of hazardous waste, and

( d) the disposal of such hazardous waste as cannot be prevented or recovered.

(2) The hazardous waste management plan shall have regard to, and incorporate such information contained in, any waste management plan as the Agency considers appropriate and shall—

( a) describe the type, quantity and origin of hazardous waste arising in the State, the movement of hazardous waste within, into or out of the State, and facilities available for the collection, recovery or disposal of such waste in the State, and such description shall indicate the likely position with respect to each of those matters for such period after the making or review under subsection (3) of the plan as the Agency thinks appropriate;

( b) specify objectives and, where appropriate, targets which in the opinion of the Agency are practicable or desirable in relation to the prevention and minimisation of the production of hazardous waste, the minimisation of the harmful nature of such waste and the recovery or disposal of such waste, over such periods as may be specified;

( c) provide for, as appropriate, the identification of sites at which waste disposal activities, being activities that to a significant extent involved hazardous waste, have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, the taking or recommendation of measures in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and the recommendation of measures to be taken to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;

( d) have regard to the need to give effect to the polluter pays principle;

( e) have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution;

( f) make recommendations, as respects the management of hazardous waste, regarding—

(i) priorities, measures or programmes which could be pursued,

(ii) infrastructure, waste facilities or other physical resources considered by the Agency to be necessary throughout the State or in any area of the State,

(iii) the functions of any relevant public authorities;

(g) specify policies which the Agency proposes to pursue, having regard to its functions under this Act or any other enactment.

F70 [ (3) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 6 years after the date of making of the hazardous waste management plan, evaluate the plan and make such revisions to it, in accordance with Article 9 of the Waste Directive and Regulation 31 of the Regulations of 2011, as it thinks fit and references in this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised. ]

(4) ( a) The Agency shall cause to be published in at least one national newspaper—

(i) a notice of its intention to make the hazardous waste management plan,

(ii) where it has carried out a review of that plan and proposes to revise the plan consequent on such a review, a notice of that proposal,

and shall furnish a copy of the plan or, as the case may be, the proposed revision of the plan to the Minister, each local authority and such other persons as may be prescribed.

( b) Subsections (2), (3) and (4) of section 23 shall apply in relation to the hazardous waste management plan and a notice aforesaid as those provisions apply in relation to a waste management plan and a notice under subsection (1) of section 23 with the following and any other necessary modifications, namely—

(i) references in those provisions to a plan and a proposed F71 [ revision ] of a plan shall be construed, respectively, as references to the hazardous waste management plan and a proposed revision of that plan,

(ii) references in those provisions to F71 [ revising ] or replacing a plan shall be construed as references to revising a plan,

(iii) references in those provisions to a local authority shall be construed as references to the Agency.

(5) A Minister of the Government, a local authority and any other public authority in whom are vested functions by or under any enactment in relation to the protection of the environment shall have regard to, and in so far as it is considered by that Minister of the Government, local authority or other public authority to be appropriate to do so, shall take measures to implement or otherwise give effect to, recommendations contained in the hazardous waste management plan.

(6) Without prejudice to subsection (5), the Agency may, having regard to the provisions of the hazardous waste management plan and the functions of local authorities in relation to the management of hazardous waste, make such recommendations to one or more local authorities as the Agency considers appropriate in relation to the effective management by it or them of hazardous waste, and such recommendations shall be regarded as having been issued under and in accordance with section 63 of the Act of 1992.

(7) For the purpose of the making or F72 [ evaluation ] of a hazardous waste management plan by the Agency, it shall be the duty of each local authority and any public authority referred to in subsection (5) to furnish to the Agency, on request being made by the Agency therefor, any relevant information which is available to, or may reasonably be obtained by, the local authority or public authority.

(8) Nothing in this Part shall be construed as requiring the Agency to provide, or assume a direct role in the provision of, any waste facilities, equipment or related resources or as imposing a duty on the Agency owed to any person to identify a site at which a waste disposal activity has been carried on or to do any other thing referred to in subsection (2) (c) in relation to such a site.

(9) Upon the making of the hazardous waste management plan or of any revisions thereto, the Agency shall—

( a) cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and

( b) furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the management of hazardous waste.

F73 [ (10) In this section, revise , in relation to the national hazardous waste management plan, includes a review of the plan. ]

Annotations:

Amendments:

F70

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(a).

F71

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(b).

F72

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(c).

F73

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(d).

PART III

Measures to Reduce Production, and Promote Recovery, of Waste

Interpretation ( Part III ).

27

27. (1) In this Part—

deposit and refund scheme” means, in relation to any product, substance, component or packaging, a scheme whereby the producer, distributor or retailer, as the case may be, who operates the scheme requires a purchaser of a product or substance to pay to him or her a refundable deposit in relation to the product or substance or any component thereof or packaging therefor, that is to say a deposit of money the amount of which will be repaid by the producer, distributor or retailer, as the case may be, to the purchaser if the purchaser returns to him or her the product, substance, component or packaging, as the case may be;

distributor” means a person who sells or supplies a product or substance by wholesale and “ distribute” shall be construed accordingly;

environmental audit” has the same meaning as it has in section 74 of the Act of 1992;

environmental management system” means a system for managing the carrying on of an activity with regard to its effects on the environment;

life cycle assessment” means, in relation to a product, an assessment of the effects on the environment of the manufacture, distribution, marketing and use of the product and the recovery or, as appropriate, disposal thereof (including the use of energy and raw materials in, and the production of waste from, any of the said activities);

producer” includes such person as the Minister may specify by regulations to be a producer for the purposes of this Part (and such specification may include the importer or vendor of the product concerned);

producer responsibility obligation” means a requirement to take steps for the purpose of the prevention, minimisation, limitation or recovery of waste as respects the class or classes of product to which the requirement relates and may include a requirement to achieve specified targets in relation to those matters;

waste audit” means an evaluation of the manner in which an activity is carried on with a view to identifying opportunities for—

( a) preventing or minimising the production of waste from the activity or the harmfulness of any waste produced from the activity, and

( b) facilitating the recovery of any waste so produced.

(2) A reference in this Part to the implementation and operation of a waste reduction programme shall be construed as a reference to the taking of steps in a systematic manner for the purpose of—

( a) reducing the production of waste from the activity concerned or the harmfulness of any waste produced from the activity, and

( b) recovering any waste so produced,

having regard to the results of a waste audit conducted in relation to the activity.

Annotations:

Editorial Notes:

E224

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E225

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E226

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E227

Power pursuant to section exercised (1.10.2017) by Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017), in effect as per reg. 2.

E228

Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).

E229

Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.

E230

Power pursuant to section exercised (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), in effect as per reg. 1(2).

E231

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E232

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.

E233

Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.

E234

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E235

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E236

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).

E237

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E238

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E239

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005); revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), reg. 35(1), in effect as per reg. 34; subject to transitional provision and construed as per reg. 35(2) and (3).

E240

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E241

Previous affecting provision: power pursuant to section exercised (1.12.1998) by Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998), in effect as per reg. 1(2); rendered obsolete by revocation of S.I. No. 242 of 1997, see below.

E242

Previous affecting provision: pursuant to section exercised (1.08.1997) by Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997), in effect as per reg. 1(2); revoked (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), reg. 31, in effect as per reg. 1(2); subject to transitional provision in reg. 32.

E243

Previous affecting provision: pursuant to section exercised (1.07.1997) by Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997), in effect as per reg. 3; revoked (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), reg. 29, in effect as per reg. 3; subject to transitional provisions in reg. 30.

27A

F74 [ Waste prevention programmes.

27A. (1) The Agency shall establish waste prevention programmes not later than 12 December 2013 in accordance with

( a ) Article 1 of the Waste Directive (to lay down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use), and

( b ) the waste hierarchy set out in section 21A .

(2)( a ) The programmes referred to in subsection (1) shall be integrated into the waste management plans provided for in section 22 or into other environmental policy programmes, as appropriate, or shall function as separate programmes.

( b ) Where such programmes are integrated into a waste management plan or into other programmes, the waste prevention measures shall be clearly identified.

(3)( a ) The programmes provided for in subsection (1) shall set out waste prevention objectives.

( b ) The Agency shall describe the existing prevention measures and evaluate the usefulness of the examples of measures indicated in the First Schedule or other appropriate measures.

( c ) The aim of such objectives and measures shall be to break the link between economic growth and the environmental impacts associated with the generation of waste.

(4) The Agency

( a ) shall determine appropriate specific qualitative or quantitative benchmarks for waste prevention measures adopted in order to monitor and assess the progress of the measures, and

( b ) may determine specific qualitative or quantitative targets and indicators, other than those referred to in subsection (5) , for the same purpose.

(5) Indicators adopted in accordance with the procedure referred to in Article 39(3) of the Waste Directive shall have effect.

(6) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 6 years after the date of making of a waste prevention programme, evaluate the plan and make such revisions to it, in accordance with Article 9 of the Waste Directive and Regulation 31 of the Regulations of 2011, as it thinks fit and references in Part II and this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.

(7) Upon the establishment of a waste prevention programme or programmes or of any revisions thereto, the Agency shall

( a ) cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and

( b ) furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the programme or programmes.

(8) In this section, revise , in relation to a waste prevention programme, includes a review of the programme. ]

Annotations:

Amendments:

F74

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 13.

Waste prevention and minimisation.

28

28. (1) For the purpose of promoting, supporting or facilitating the prevention or minimisation of waste, any Minister of the Government or a local authority may provide such support or assistance, including the provision of moneys, as he or she or the local authority considers appropriate in relation to research and development projects being carried out, or proposed to be carried out, by any person in respect of the prevention or minimisation of waste, and for the purposes aforesaid may establish programmes and specify criteria and objectives governing the availability and provision of such assistance and support.

(2) ( a) A person who carries on any activity of an agricultural, commercial or industrial nature (including the manufacture of any product) shall have due regard to the need to prevent or minimise the production of waste from that activity and, as the case may be, from any product manufactured by him or her as a result of such an activity, and shall take all such reasonable steps as are necessary for the purposes of such prevention or minimisation (including, where appropriate, steps as respects the design of any product aforesaid).

( b) The Minister may by regulations specify steps, as respects any particular activity aforesaid, that shall be regarded as reasonable steps necessary to be taken for the purposes of the prevention or, as the case may be, minimisation of the production of waste referred to in paragraph (a), and a person who carries on such an activity shall take those steps accordingly.

(3) ( a) Subject to paragraph (c), the Minister may, after consultation with any Minister of the Government concerned, make regulations for the purpose of preventing, minimising or limiting the production of waste or a specified class or classes of waste, and any such class may be defined by reference to the manufacturing or industrial process or other activity giving rise to the waste concerned or to such other matters as the Minister thinks appropriate.

( b) Subject as aforesaid, regulations under this section may include provisions for the imposition of producer responsibility obligations on producers of products.

( c) Regulations under this section shall only apply to a scheduled activity to such extent as the Minister may determine following consultation with the Agency.

(4) Without prejudice to the generality of subsection (3), regulations under this section may provide for all or any of the following matters—

( a) requiring a person, in a specified manner, to conduct a waste audit and implement and operate a waste reduction programme in relation to an activity carried on by him or her,

( b) requiring the keeping of specified documents, records or other particulars, and the furnishing of specified information to specified persons or the publication of specified information, in relation to the conduct of a waste audit or the implementation and operation of a waste reduction programme,

( c) exempting a person from the requirements of regulations under the foregoing paragraphs, as respects a particular activity being carried on by that person, if and for so long as he or she is carrying out a specified environmental audit, or operating a specified environmental management system, in relation to the particular activity,

( d) prohibiting, otherwise than with the consent of a person prescribed for the purpose by regulations under paragraph (e), the display or use of any specified mark or symbol at any premises or on or in any product, substance, packaging, advertisement or notice,

( e) prescribing a person for the purposes of regulations under paragraph (d), the procedures to be followed by such a person in granting any consent under such regulations and enabling him or her to withdraw such a consent in specified circumstances,

( f) without prejudice to paragraph (g), requiring a person to use the F75 [ best available techniques ] for preventing or limiting the production of waste from an activity carried on by the said person,

( g) the specification, by the Minister or such person as may be prescribed for the purpose by the regulations, of the F75 [ best available techniques ] for preventing or limiting the production of waste from an activity carried on by a person specified in regulations under paragraph (f),

( h) requiring the producer of a specified class or classes of product to carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be specified,

( i) prohibiting, or limiting or controlling in a specified manner and to a specified extent—

(i) the production or use, in a production process or otherwise, of any substance, material or thing,

(ii) the composition, production, importation, distribution, supply, sale, disposal or advertising of any product or substance, or

(iii) the production of any waste,

( j) specifying requirements to be complied with as respects the design, composition or production of packaging and the use which may be made of packaging, including a requirement—

(i) that the composition, volume or weight of packaging be restricted or limited to such extent as is consistent with its purpose of providing protection for the product or substance concerned,

(ii) that packaging be designed, produced and used so as to be capable of being re-used,

( k) requiring products to be designed, manufactured or constructed in a specified manner or in accordance with such standards as may be prescribed in accordance with regulations under paragraph (l),

( l) enabling a specified person or persons to prescribe standards for the purposes of regulations under paragraph (k),

( m) requiring a producer to prepare and publish, at a specified frequency and in a specified manner—

(i) a plan specifying the steps proposed to be taken by him or her to prevent or minimise the production of waste from any activity of production carried on by him or her or from a product manufactured by him or her, or any component of, or packaging related to, such a product, and

(ii) a report on the steps taken by him or her in pursuance of such a plan and the results of those steps,

( n) requiring the preparation and publication, at a specified frequency and in a specified manner, by a person who is the subject of any specified requirement of regulations under this section (other than a requirement imposed by regulations under paragraph (m)) of—

(i) a plan specifying the steps to be taken by him or her to comply with such a requirement, and

(ii) a report on the steps taken by him or her to comply with such a requirement and the results of those steps,

( o) conferring on public authorities (including the Minister) and other specified persons specified additional functions for the purpose of securing or facilitating the operation of provisions of regulations under this section,

( p) any matters consequential on, or incidental to, the foregoing.

(5) ( a) Without prejudice to subsection (3) or section 7 (2) , regulations under this section may make provision in relation to persons, products, substances, activities or other matters referred to in this section generally or in relation to a specified class or classes of such persons, products, substances, activities or other matters.

( b) A target an obligation to achieve which is imposed on a person by regulations under this section may be defined in such regulations by reference to a specified proportion (whether by weight, volume or otherwise) of the products, substances or other things to which the obligation relates.

(6) A person who contravenes subsection (2) (b) or a provision of regulations under this section shall be guilty of an offence.

(7) In a prosecution for a contravention of regulations under this section (being a contravention consisting of a failure to achieve a target specified in the regulations), it shall be a good defence to prove that the accused took all reasonable steps to achieve the said target.

Annotations:

Amendments:

F75

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 21, S.I. No. 393 of 2004.

Modifications (not altering text):

C9

Additional purposes for which regulations may be made under section specified (1.07.1997) by Litter Pollution Act 1997 (12/1997), s. 30, S.I. No. 213 of 1997.

Extension of purposes for which regulations under Waste Management Act, 1996, may be made.

30.—The purposes for which regulations under sections 28 and 29 of the Waste Management Act, 1996, may be made shall include the purposes of preventing, minimising or controlling litter under this Act.

Editorial Notes:

E244

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E245

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E246

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E247

Power pursuant to section exercised (1.10.2017) by Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017), in effect as per reg. 2.

E248

Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).

E249

Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).

E250

Offence under subs. (6) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.

E251

Offence under subs. (6) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).

E252

Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).

E253

Power pursuant to section exercised (30.12.2004) by Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004), in effect as per reg. 1(2).

E254

Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.

E255

Power pursuant to section exercised (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), in effect as per reg. 1(2).

E256

Power pursuant to section exercised (1.05.2000) by Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000), in effect as per reg. 1(2).

E257

Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.

E258

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E259

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.

E260

Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.

E261

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E262

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E263

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E264

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).

E265

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E266

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005); revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), reg. 35(1), in effect as per reg. 34; subject to transitional provision and construed as per reg. 35(2) and (3).

E267

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E268

Previous affecting provision: power pursuant to section exercised (1.12.1998) by Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998), in effect as per reg. 1(2); rendered obsolete by revocation of S.I. No. 242 of 1997, see below.

E269

Previous affecting provision: pursuant to section exercised (1.08.1997) by Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997), in effect as per reg. 1(2); revoked (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), reg. 31, in effect as per reg. 1(2); subject to transitional provision in reg. 32.

E270

Previous affecting provision: pursuant to section exercised (1.07.1997) by Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997), in effect as per reg. 3; revoked (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), reg. 29, in effect as per reg. 3; subject to transitional provisions in reg. 30.

Measures related to recovery of waste.

29

29.F76 [ (1) A reference in this section to the implementation and operation of a source separation programme for waste shall be construed as a reference to the taking of steps in a systematic manner for the purposes of

( a ) separating specified waste from other waste and the holding of such waste so separated prior to its collection, recovery or disposal, and

( b ) giving effect to the requirements of Article 22 of the Waste Directive in relation to bio-waste. ]

(2) For the purpose of promoting, supporting or facilitating the recovery of waste, any Minister of the Government or a local authority may provide to any person such support or assistance, including financial assistance, as he or she or the local authority considers appropriate, including the provision of moneys in relation to research and development projects being carried out or proposed to be carried out by any person in respect of the recovery of waste, and for the purposes aforesaid may establish programmes and specify criteria and objectives governing the availability and provision of such assistance and support.

F77 [ (2A)( a ) It shall be the duty of waste producers and holders to ensure that waste undergoes recovery operations in accordance with sections 21A and 32(1) .

( b ) A person who contravenes paragraph (a) shall be guilty of an offence.

( c ) The Agency and the local authorities, in carrying out their functions under this Act and related waste management legislation and policy, shall take the necessary measures to ensure that waste undergoes recovery operations in accordance with this section and sections 21A and 32(1) .

(2B) Where necessary to comply with subsection (2A) and to facilitate or improve recovery, waste shall be collected separately if technically, environmentally and economically practicable and shall not be mixed with other waste or other material with different properties. ]

(3) ( a) The Minister may, after consultation with any Minister of the Government concerned, make regulations in relation to or for the purpose of the recovery of waste or a specified class or classes of waste, and any such class may be defined by reference to the manufacturing or industrial process or other activity giving rise to the waste concerned or to such other matters as the Minister thinks appropriate.

F78 [ ( b ) Regulations under this section may include provisions for the imposition of producer responsibility obligations on producers of products including provisions requiring the producer of a specified product to partly or wholly bear the waste management costs of that product and or the sharing of these costs with the distributors of such specified products. ]

F79 [ ( c ) In order to maximise environmental benefits, including the environmentally sound management of products at their end of life, regulations under this section may also include provisions for the application of economic instruments including the making of arrangements relating to the display of environmental management charges, at a specified rate, by a producer or distributor as appropriate, to the purchasers of specified products. ]

(4) Without prejudice to the generality of subsection (3), regulations under this section may provide for all or any of the following matters—

( a) requiring the labelling or marking of a product or substance or its packaging, in a specified manner, so as to identify or specify—

(i) the composition of the product, substance or packaging,

(ii) the potential hazards of the product, substance or packaging in the event of its being recovered or disposed of,

(iii) the potential of the product, substance or packaging to be recovered,

(iv) such other information as may be specified,

( b) specifying requirements to be complied with as respects the nature, composition or design of packaging and the use to be made of packaging, and such requirements may include a prohibition on the use of packaging otherwise than in the specified circumstances or a requirement that packaging be designed in accordance with such standards as may be prescribed in accordance with regulations under paragraph (e) for the purpose of facilitating the recovery of the packaging,

( c) prohibiting, or limiting or controlling in a specified manner and to a specified extent, the importation, distribution, supply or sale in a specified container or other packaging of any product or substance,

( d) for the purpose of facilitating the removal of components from, or the dismantling of, products prior to their recovery or disposal, requiring products to be designed, manufactured or constructed in a specified manner or in accordance with such standards as may be prescribed in accordance with regulations under paragraph (e),

( e) enabling a specified person or persons to prescribe standards for the purposes of regulations under paragraph (b) or (d),

( f) requiring a producer, distributor or retailer to operate a deposit and refund scheme in relation to a product or substance of a type or brand made, distributed or sold by him or her, or any component of, or packaging related to, such product or substance,

( g) specifying the conditions under which a scheme referred to in paragraph (f) is to be operated (including the amount of the deposit or deposits to be required of the purchasers concerned and the targets that the operator of such a scheme shall achieve as respects the return of products, substances or packaging under the scheme in a particular period),

( h) requiring a producer, distributor or retailer to collect or arrange for the collection of, or to take back or arrange for the taking back of, without imposing any charge for so doing, any product or substance of a type or brand made, distributed or sold by such producer, distributor or retailer, or any component of, or packaging related to, such product or substance, after the purchaser thereof F80 [ (or, as appropriate, any person who acquires the product or substance subsequent to its first being purchased) ] no longer has any use for it, and specifying the conditions under which such collection or taking back is to be conducted (including the targets that the producer, distributor or retailer shall achieve as respects the collection or taking back of such type or brand of product or substance, or such related components or packaging, in a particular period),

( i) requiring the owner or manager of a supermarket, service station or other sales outlet to provide, free of charge, specified facilities at such an outlet for the removal by customers of packaging from products or substances purchased by them at that outlet, and receptacles for the deposit of such packaging,

( j) requiring the owner or manager of a supermarket, service station or other sales outlet to impose a charge on a customer in respect of the provision by him or her to the customer of any bag, container or other such packaging in relation to products or substances purchased by the customer at that sales outlet, such charge being of an amount equal to the full cost of such packaging or to such other amount as may be specified in the regulations,

( k) requiring the purchaser of a product or substance to return such product or substance, or any component of, or packaging related to, such product or substance, after he or she no longer has any use for it to a retailer of such a product or substance or to deliver it to an authorised waste collector or other specified person or facility,

( l) requiring a producer of a product or substance to use recovered or recoverable material or components in the production of the product or substance, or prohibiting, or limiting or controlling in a specified manner and to a specified extent, the use of specified virgin material in such production,

( m) requiring a person to implement and operate, in a specified manner, a source separation programme for waste of a specified class or classes,

( n) requiring that waste, the subject of a source separation programme, be offered and made available, free of charge or otherwise, in a specified manner, to a specified person for collection by such a person,

( o) requiring, in a specified manner, the owner or manager of a supermarket, service station or other sales outlet to provide, operate and maintain, or arrange for the provision, operation and maintenance of, waste collection receptacles at such an outlet for use by members of the public and transfer or arrange for the transfer of waste that may be so placed in such receptacles to a specified waste recovery facility,

( p) requiring that any used product, substance, component, packaging or other waste to which regulations under any other provision of this subsection apply be recovered in a specified manner,

( q) requiring specified other steps to be taken in relation to waste referred to in paragraph (p) where, by reason of circumstances defined in the regulations, it is not practicable to recover the waste,

( r) notwithstanding any other provision of this section, requiring a local authority to provide specified financial assistance in a specified manner to persons engaged in the recovery of household waste,

( s) exempting from all or any of the requirements of regulations under this section a person who is certified by an association or body corporate formed or established for the purpose of carrying on waste recovery activities and approved by the Minister in accordance with regulations under paragraph (t) to be either—

(i) a member or shareholder of that association or body corporate, as the case may be, or

(ii) participating, in a satisfactory manner, in a scheme for the recovery of waste, or complying with any requirements specified by that association or body corporate, as the case may be, in relation to the recovery of waste,

( t) (i) the granting by the Minister of approvals for the purpose of regulations under paragraph (s) and the conditions which he or she may attach to such approvals, including conditions relating to—

(I) the financial and administrative arrangements to be made by the association or body corporate concerned,

(II) the waste recovery activities to be carried on by the association or body corporate concerned and the manner in which they are to be carried on,

(III) targets to be achieved by the association or body corporate concerned with respect to the recovery of waste by it,

(ii) enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,

(iii) the means by which an association or body corporate shall determine, for the purpose of regulations under paragraph (s), whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,

(iv) the grant and revocation by an association or body corporate of a certificate for the purpose of regulations under paragraph (s) and the notifications to be given by it in respect of such a grant or revocation to the person concerned and other specified persons,

( u) requiring a person to keep specified documents, records or other particulars and to furnish specified information to specified persons in relation to the steps taken by him or her to comply with a specified requirement of regulations under this section, and enabling a specified person to verify the accuracy of any matter stated or recorded pursuant to a requirement of regulations under this paragraph,

( v) requiring a producer or distributor to prepare and publish, at a specified frequency and in a specified manner—

(i) a plan specifying steps proposed to be taken by him or her to promote, support or facilitate the recovery of any product or substance made, distributed or sold by him or her, or any component of, or packaging related to, such a product or substance, and

(ii) a report on the steps taken by him or her in pursuance of such a plan and the results of those steps,

( w) requiring the preparation and publication, at a specified frequency and in a specified manner, by a person who is the subject of any specified requirement of regulations under this section (other than a requirement imposed by regulations under paragraph (v)) of—

(i) a plan specifying the steps to be taken by him or her to comply with such a requirement, and

(ii) a report on the steps taken by him or her to comply with such a requirement and the results of those steps,

( x) conferring on public authorities (including the Minister) and other specified persons specified additional functions for the purpose of securing or facilitating the operation of provisions of regulations under this section,

( y) requiring local authorities to facilitate, promote or carry out in a specified manner the composting of municipal waste of an organic nature or any other process for the biological transformation of such waste,

( z) any matters consequential on, or incidental to, the foregoing.

(5) ( a) Without prejudice to subsection (3) or section 7 (2) , regulations under this section may make provision in relation to persons, products, substances, activities or other matters referred to in this section generally or in relation to a specified class or classes of such persons, products, substances, activities or other matters.

( b) A target an obligation to achieve which is imposed on a person by regulations under this section may be defined in such regulations by reference to a specified proportion (whether by weight, volume or otherwise) of the products, substances or other things to which the obligation relates.

(6) A person who contravenes a provision of regulations under this section shall be guilty of an offence.

(7) In a prosecution for a contravention of regulations under this section (being a contravention consisting of a failure to achieve a target specified in the regulations), it shall be a good defence to prove that the accused took all reasonable steps to achieve the said target.

Annotations:

Amendments:

F76

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(a).

F77

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(b).

F78

Substituted by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(c), as inserted (17.06.2016) by European Union (Waste Directive) (Amendment) Regulations 2016 (S.I. No. 315 of 2016), reg. 3(a).

F79

Inserted by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(d), as inserted (17.06.2016) by European Union (Waste Directive) (Amendment) Regulations 2016 (S.I. No. 315 of 2016), reg. 3(b).

F80

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 28, S.I. No. 393 of 2004.

Modifications (not altering text):

C10

Additional purposes for which regulations may be made under section specified (1.07.1997) by Litter Pollution Act 1997 (12/1997), s. 30, S.I. No. 213 of 1997.

Extension of purposes for which regulations under Waste Management Act, 1996, may be made.

30.—The purposes for which regulations under sections 28 and 29 of the Waste Management Act, 1996 , may be made shall include the purposes of preventing, minimising or controlling litter under this Act.

Editorial Notes:

E271

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E272

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E273

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E274

Power pursuant to section exercised (1.10.2017) by Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017), in effect as per reg. 2.

E275

Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).

E276

Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).

E277

Offence under subs. (6) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.

E278

Offence under subs. (6) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).

E279

Power pursuant to section exercised (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007), in effect as per reg. 3.

E280

Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).

E281

Power pursuant to section exercised (30.12.2004) by Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004), in effect as per reg. 1(2).

E282

Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.

E283

Power pursuant to section exercised (19.12.2001) by Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001).

E284

Power pursuant to section exercised (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), in effect as per reg. 1(2).

E285

Power pursuant to section exercised (1.05.2000) by Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000), in effect as per reg. 1(2).

E286

Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.

E287

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E288

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.

E289

Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.

E290

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E291

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E292

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E293

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).

E294

Previous affecting provision: pursuant to section exercised (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 (S.I. No. 66 of 2007), in effect as per reg. 3; revoked on same date (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007), reg. 6, in effect as per reg. 3.

E295

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E296

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005); revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), reg. 35(1), in effect as per reg. 34; subject to transitional provision and construed as per reg. 35(2) and (3).

E297

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E298

Previous affecting provision: power pursuant to section exercised (1.12.1998) by Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998), in effect as per reg. 1(2); rendered obsolete by revocation of S.I. No. 242 of 1997, see below.

E299

Previous affecting provision: pursuant to section exercised (1.08.1997) by Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997), in effect as per reg. 1(2); revoked (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), reg. 31, in effect as per reg. 1(2); subject to transitional provision in reg. 32.

E300

Previous affecting provision: pursuant to section exercised (1.07.1997) by Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997), in effect as per reg. 3; revoked (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), reg. 29, in effect as per reg. 3; subject to transitional provisions in reg. 30.

Public authority waste management.

30

30. (1) (a) The Minister shall, as soon as may be after the commencement of this section, promulgate a programme with regard to the prevention, minimisation and recovery of waste arising from the performance by public authorities of their functions.

( b) A programme under this subsection may deal with such class or classes of waste, or apply to such class or classes of public authorities, as the Minister may consider appropriate.

(2) The Minister shall review from time to time as he or she thinks appropriate a programme under subsection (1) and make such revisions thereto as he or she thinks fit.

(3) Without prejudice to the generality of subsection (1), a programme under that subsection may include—

( a) specific objectives in relation to different types of waste,

( b) measures for the co-ordination of steps being taken or proposed to be taken by public authorities in relation to the prevention, minimisation and recovery of waste,

( c) proposals for the regulation pursuant to powers under this Act or any other enactment of activities carried on for the prevention, minimisation and recovery of waste.

(4) For the purpose of a programme under subsection (1), the Minister shall publish guidelines and criteria in relation to the prevention, minimisation and recovery of waste, to which public authorities shall have regard in the performance of their functions, and such guidelines and criteria may include provision for all or any of the following matters—

( a) consideration being given by public authorities to the likely effects on the environment of particular goods or services they propose to purchase or engage,

( b) objectives with regard to the use by public authorities of materials recovered from waste,

( c) the conduct by public authorities of waste audits and the implementation and operation by them of waste reduction programmes and the publication of the results of such audits and programmes,

( d) the making by public authorities of plans (“public authority waste management plans”), specifying appropriate measures to facilitate, and objectives with regard to, the prevention, minimisation and recovery of waste by them,

( e) the content, publication, implementation and review of public authority waste management plans,

( f) the preparation and publication by public authorities of reports on the implementation by them of their respective public authority waste management plans and their compliance generally with guidelines and criteria published under this subsection.

Recovery of waste by local authorities.

31

31. (1) A local authority may—

( a) engage or participate in the recovery of waste, and for that purpose may enter into one or more agreements with any other local authority or other person,

( b) buy or otherwise acquire waste for the purpose of recovering it,

( c) use, sell or otherwise dispose of any material or thing, including energy, recovered from waste.

(2) For the purpose of subsection (1), “ local authority” includes the corporation of a borough of any kind and the council of an urban district.

31A

F81 [ Costs.

31A. In accordance with the polluter pays principle, the costs of waste management shall be borne by the original waste producer or by the current or previous waste holders. ]

Annotations:

Amendments:

F81

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 15.

PART IV

Holding, Collection and Movement of Waste

General duty of a holder of waste.

32

32. F82 [ (1) A person shall not

( a ) cause or facilitate the abandonment, dumping or unauthorised management or treatment of waste, or

( b ) hold, transport, recover or dispose of waste, or treat waste, in a manner that causes or is likely to cause environmental pollution.

(1A)( a ) It shall be the responsibility of the original waste producer or other waste holder to carry out the treatment of waste himself or herself or have the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector in accordance with section 21A and subsection (1) .

( b ) The Agency, the local authorities and Dublin City Council shall take the necessary measures to ensure that, within their territory or area of responsibility, the establishments or undertakings which collect or transport waste on a professional basis deliver the waste collected and transported to appropriate treatment installations in accordance with subsection (1) . ]

(2) A person shall not, save in such circumstances as may be specified under subsection (4), transfer the control of waste to any person other than an appropriate person.

F83 [ (2A)( a ) When the waste is transferred from the original waste producer or waste holder to an appropriate person for preliminary treatment, the responsibility for carrying out a complete recovery or disposal operation shall not be discharged as a general rule.

( b ) Without prejudice to the TFS Regulation, the Agency and Dublin City Council, as the case may be, may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases the responsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.

(2B) The Minister or any Minister of the Government concerned may, in carrying out their functions under this Act, decide, by measures taken to give effect to Article 8 of the Waste Directive, that the responsibility for arranging waste management is to be borne partly or wholly by the producer of the product from which the waste came and that distributors of such product may share this responsibility. ]

(3) A holder of waste shall, without delay, inform—

( a) the local authority in whose functional area the loss, spillage, or other matter mentioned in this subsection occurs, or

( b) in the case of hazardous waste, both the said local authority and the Agency,

of any loss, spillage, accident or other development concerning that waste which causes, or is likely to cause, environmental pollution.

(4) The Minister may by regulations—

( a) provide that the holder of a specified class or classes of waste shall effect and maintain a policy of insurance insuring him or her to a specified extent as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the holding by him or her of the waste,

( b) provide that on the transfer of waste, in specified circumstances, the holder of the waste shall provide to the transferee specified particulars in writing of the waste so as to enable that person to avoid a contravention of the relevant provisions of this Act,

( c) provide that subsection (2) shall not apply in specified circumstances.

(5) In this section “ an appropriate person” means a local authority, the corporation of a borough that is not a county borough, the council of an urban district, or a person otherwise authorised under and in accordance with this Act or the Act of 1992 F84 [ (including a dealer) ] to undertake the collection, recovery or disposal of the class of waste in question.

(6) ( a) A person who contravenes subsection F85 [ (1), (1A)(a), (2) ] or (3) or a provision of regulations under subsection (4) shall be guilty of an offence.

( b) In a prosecution for a contravention of subsection (1), it shall be a good defence to prove that the activity concerned was carried on in accordance with a waste collection permit or waste licence under this Act F86 [ , a permit, authorisation or certificate referred to in section 39(5)(c) (inserted by Statutory Instrument No. 166 of 1998 ) ] or a licence or revised licence F87 [ for an integrated pollution control activity ] under Part IV of the Act of 1992.

F86 [ ( c ) In a prosecution for a contravention of subsection (1) , where it is proved that

(i) a waste collection permit or waste licence under this Act, a permit, authorisation or certificate referred to in section 39(5)(c) or a licence or revised licence under Part IV of the Act of 1992 was required for the carrying on of the activity concerned, and

(ii) such a permit, licence, authorisation or certificate was not in force in respect of the carrying on of that activity or was not being complied with in any respect,

then it shall be presumed, until the contrary is shown, that the carrying on of that activity was likely to cause environmental pollution. ]

(7) F88 [ ]

Annotations:

Amendments:

F82

Substituted and inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(a).

F83

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(b).

F84

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(c).

F85

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(d).

F86

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 29, S.I. No. 498 of 2003.

F87

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 26.

F88

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(e).

Editorial Notes:

E301

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E302

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E303

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E304

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

E305

Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).

E306

Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).

E307

Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).

E308

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).

E309

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.

E310

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

E311

Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.

E312

Contraventions under subss. (1) and (3) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(c).

E313

Responsibility for enforcement of obligations imposed by section assigned to local authorities or the Agency, as the case may be, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 40(1)(b), in effect as per reg. 2.

E314

Offence under subs. (6) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.

E315

Offence under subs. (6) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).

E316

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.

E317

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E318

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).

E319

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E320

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E321

Previous affecting provision: contraventions under subss. (1) and (3) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(c), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).

E322

Previous affecting provision: application of subs. (2) restricted (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), reg. 5, in effect as per reg. 1(2); deleted (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), reg. 12.

Collection of waste.

33

33. (1) (a) Each local authority shall collect, or arrange for the collection of, household waste within its functional area.

( b) The corporation of a borough (other than a county borough) or the council of an urban district may collect, or arrange for the collection of, household waste.

(2) Subsection (1) (a) shall not apply to household waste in any part of a local authority's functional area to the extent that any of the conditions mentioned in subsection (3) applies to that part or, as appropriate, to that household waste.

(3) The conditions referred to in subsection (2) are—

( a) an adequate waste collection service is available in the part concerned of the local authority's functional area,

( b) the estimated costs of the collection of the waste concerned by the local authority would, in the opinion of the authority, be unreasonably high,

( c) the local authority is satisfied that adequate arrangements for the disposal of the waste concerned can reasonably be made by the holder of the waste.

(4) A local authority may collect, or arrange for the collection of waste, other than household waste.

(5) A local authority may enter into arrangements with one or more other local authorities, or with one or more other persons, for the collection on its behalf by the said authority or authorities or, as the case may be, by the said person or persons, of waste in its functional area or in a part or parts of that area.

(6) Notwithstanding any other provision of this Act, a local authority shall be under no duty to collect, or arrange for the collection of, waste from any person—

( a) if any provision of bye-laws under section 35 regarding the presentation of the waste for collection is not complied with F89 [ (and, for the avoidance of doubt, such a provision includes the provision referred to in section 35(3)(gg) ) ], or

F89 [ ( aa ) if any provision of an order under section 75(10) in relation to the waste is not complied with, or

( aaa ) if that person has failed to pay a charge made under section 75 or the Local Government (Financial Provisions) (No. 2) Act 1983 in respect of the collection of the waste concerned, or ]

( b) if the waste contains any product or substance or packaging therefor in contravention of regulations under section 29 .

(7) Waste collected or recovered by a local authority shall become the property of the authority.

(8) ( a) A person shall not, without lawful authority, disturb, interfere with or remove—

(i) anything deposited at a facility provided by or on behalf of a local authority or an authorised waste collector for the deposit or storage of waste, or any plant, including any receptacles therein,

(ii) anything deposited in a receptacle for waste, whether such receptacle is for the use by members of the public or otherwise.

( b) A person shall not obstruct or interfere with the collection of waste by a local authority or an authorised waste collector.

( c) A person who contravenes paragraph (a) or (b) shall be guilty of an offence.

(9) For the purpose of this section, other than subsection (1), “ local authority” includes the corporation of a borough of any kind and the council of an urban district.

Annotations:

Amendments:

F89

Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 30, S.I. No. 393 of 2003.

Waste collection permits.

34

34. (1) F90 [ ( a ) Subject to paragraph (b) , a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business, F91 [ collect or transport waste ] , on or after such date as may be prescribed, save under and in accordance with a permit (in this Act referred to as a waste collection permit ) granted by

(i) the local authority in whose functional area the waste is collected,

(ii) such other local authority as stands nominated for the purpose in accordance with paragraph (aa) , or

(iii) such other body or bodies as may be prescribed.

( aa ) Where two or more local authorities

(i) have jointly made, or propose jointly to make, a waste management plan under section 22(3) , or

(ii) are otherwise cooperating with one another to achieve common objectives with respect to waste management in their functional areas,

the local authorities may or shall, if the Minister requires them to do so, decide that, for the purposes of the said plan or the achievement of the said objectives, one of them shall perform each of F91 [ the functions under this section or section 34A in relation to waste collection permits or review of waste collection permits ] with respect to each of their functional areas and, accordingly, nominate that local authority for that purpose. ]

( b) The Minister may make regulations providing that paragraph (a) shall not apply in respect of the F91 [ collection or transport of waste ] where such F91 [ collection or transport ] is carried out in compliance with such requirements (which may include a requirement as to the entry of specified particulars concerning the person carrying out the F91 [ collection or transport ] in the register maintained by the local authority concerned under section 19 ) as are specified in the regulations.

( c) A person who contravenes paragraph (a) or any requirement of regulations under paragraph (b) shall be guilty of an offence.

F92 [ (1A) In this section

waste means different waste, including household waste, or a class or classes of waste as may be prescribed;

household waste means different household waste or a class or classes of household waste as may be prescribed. ]

(2) ( a) The Agency may give such guidance or directions to a local authority or local authorities generally as it considers appropriate in relation to the control to be exercised or the measures to be taken by it or them of, or with regard to, the F93 [ collection or transport of hazardous waste ] by persons in its or their functional area or areas or the grant by it or them of waste collection permits in respect of such waste.

( b) A local authority shall have regard to any guidance and comply with any direction given to it under paragraph (a) in performing any of its functions under this section or section 33 , as appropriate.

(3) On an application being made to a local authority for the grant of a permit under this section, the authority may decide to grant the permit, subject to, or without, conditions or to refuse to grant the permit.

F94 [ (4) A local authority shall not grant a waste collection permit unless it is satisfied that

(a) the applicant is a fit and proper person within the meaning of section 34D to hold a waste collection permit, and

(b) the activity concerned would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and the implementation of that plan. ]

(5) ( a) Without prejudice to subsections F95 [ (3) and (4) ] , an application for a waste collection permit may be refused, or a waste collection permit may be revoked F96 [ under section 34A ] , if the applicant, permit holder or any other relevant person has been convicted of an offence under this Act prescribed for the purposes of this subsection, or of an offence under any other enactment, or instrument under an enactment, as may be so prescribed.

( b) The reference in paragraph (a) to a relevant person is a reference to a person whom the local authority determines to be relevant for the purposes of considering the application concerned or, as the case may be, of deciding whether to revoke the waste collection permit, having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.

(6) F97 [ ]

F98 [ (7) (a) Conditions attached to a waste collection permit shall specify the requirements to be complied with by the holder of the permit ( permit holder ) in respect of the activities to which the permit relates ( activities concerned ).

(b) Conditions may, or, if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v) , shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) weighing of household waste collected or transported;

(ii) reporting of the weight of household waste collected or transported to the person who presents the household waste for collection being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste ( person who presents household waste for collection );

(iii) subject to paragraph (f)(i) and (ii) , charging of fees for household waste collection or transport services;

(iv) in relation to collection of household waste, preparing and publishing a customer charter and its form and content;

(v) providing information to the person who presents household waste for collection that identifies the vehicle used for that collection;

(vi) requiring that waste is segregated before it can be collected or transported;

(vii) providing separate receptacles for different household waste;

(viii) collection or transport of different household waste at specified frequencies;

(ix) with regard to persons from whom household waste is collected by an authorised waste collector, providing the following information to the local authority, when requested to do so under section 18 , regarding collections of household waste from those persons

(I) details of the collection of separate classes of household waste,

(II) details of persons who choose not to partake in the collection of separate classes of household waste,

(III) details of when household waste was last collected, and

(IV) written confirmation of the structure of the fees being charged to the person from whom the waste is collected, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection of household waste.

(c) Conditions may, or if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v) , shall also be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) waste which may be collected;

(ii) separate collection of waste;

(iii) prohibition of certain practices by a permit holder in order that waste which has been segregated prior to collection or transport does not become unsuitable for recycling or recovery;

(iv) the place to which waste is required to be delivered for preparation for reuse, recovery or disposal;

(v) methods, receptacles (including skips and skip bags) and vehicles to be employed by a permit holder in the collection or transport of waste, including requirements regarding dimensions of receptacles, care and disposal of the contents of the receptacles, the periods during which receptacles may be left in a public place, the locations from which different receptacles may be collected, the supervision by the permit holder of their use and the restriction to such persons as may be prescribed of the placing in or removal from any place of receptacles;

(vi) the display of identifying marks or colours on a receptacle or vehicle referred to in subparagraph (v) ;

(vii) complying with technical, environmental, inspection or safety measures or standards (including standards regarding the presentation, segregation, weighing, packaging or labelling of waste);

(viii) keeping and preserving of records and supplying information to the local authority, or any other person as may be prescribed, in relation to the activities concerned;

(ix) effecting and maintaining a policy of insurance insuring the permit holder as respects any liability on his or her part to pay damages or costs on account of injury to a person or property arising from the activities concerned;

(x) matters consequent on measures that may be taken under section 35 ;

(xi) matters consequent on measures that may be taken under Part II ;

(xii) matters consequent on giving effect to Community Acts;

(xiii) information to be furnished to customers (including providing information to customers on the presentation, segregation, packaging or labelling of waste or the charges payable for its collection or transport);

(xiv) matters consequent on the implementation and demonstration of the implementation of the waste hierarchy referred to in section 21A ;

(xv) undergoing specified training in relation to the activities concerned;

(xvi) inspecting and acceptance of waste by a permit holder;

(xvii) effecting and maintaining an environmental management system, within the meaning of section 27 , in respect of the activities concerned;

(xviii) the hours between which waste concerned may be collected in specified areas;

(xix) effecting and maintaining a customer complaint management system;

(xx) preventing the occurrence of littering from vehicles in the course of the activities concerned;

(xxi) having information, in such form as may be specified in a waste collection permit, to accompany and be carried in the vehicle transporting the waste;

(xxii) as respects contamination that may be caused by the incorrect separation of household waste from other waste in receptacles for segregated household waste

(I) monitoring by a permit holder of levels of contamination,

(II) recording and maintaining specified data on levels of contamination,

(III) training to be provided for staff of a permit holder in relation to monitoring contamination, or

(IV) protocols and procedures where contamination is detected by the collector, including for informing the person who presents household waste for collection or non-collection of the receptacle.

(d) Conditions shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) collection only of a European Waste Catalogue waste type specified on the waste collection permit;

(ii) deposit of waste only at a facility specified on the waste collection permit;

(iii) use only of a vehicle specified on the waste collection permit for the collection of waste;

(iv) carrying of a copy, in a form specified in the permit, of the waste collection permit on each vehicle;

(v) display of the permit holder name or number on promotional material, vehicles, skips, receptacles or bags of the permit holder;

(vi) submission of specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit;

(vii) where a weighing system is used to determine weight-based collection charges, submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ), in such form that may be specified on the waste collection permit.

(e) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer or by the current or previous waste holders, shall make regulations prescribing a requirement for attachment of a condition to a waste collection permit that a permit holder shall charge fees for the collection or transport of household waste.

(f) Regulations under paragraph (e) shall provide for the means by which fees for collection or transport of household waste shall be calculated by a permit holder and shall require a permit holder to

(i) charge a fee for each kilogramme of household waste collected or transported which fee shall only be calculated by reference to weight of household waste collected and transported, and for the avoidance of doubt, methods of calculation of a fee based on pay by lift or throw, tags or a flat-rate shall not be considered to be calculated by reference to weight of waste collected,

(ii) charge a service fee, as considered appropriate by the permit holder (including a nil fee), in addition to the fee referred to in subparagraph (i) ,

(iii) demonstrate by prescribed means if the fees charged for collection or transport of waste incentivise household waste prevention and household waste segregation, and

(iv) furnish to an authorised person, information in a prescribed form, regarding the billing system used by the permit holder in respect of fees referred to under subparagraph (i) or (ii) .

(g) (i) For the purposes of paragraph (f)(i) , the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its collection from the person who presented that waste for collection, its delivery to an authorised facility by a permit holder and its final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.

(ii) The Minister shall review the costs of managing household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i) .

(iii) The Minister following a review under subparagraph (ii) , once and only once in each financial year beginning in the financial year that he or she first prescribes under subparagraph (i) , may substitute for the amount of the fee prescribed under subparagraph (i) , an amount which does not exceed the amount so prescribed by 5 cent. ]

(8) ( a) A local authority, before making a decision in relation to an application made to it for the grant of a waste collection permit, shall consider any submissions made to it under and in accordance with regulations under subsection (11) in relation to the application.

( b) A local authority shall, if it decides—

(i) to grant F99 [ ] a waste collection permit, or

(ii) to refuse to grant F99 [ ] such a permit,

forthwith notify the applicant therefor F99 [ ] of the decision and the reasons for the decision.

(9) ( a) An applicant for F100 [ ] a waste collection permit may, within one month of the date of a notice under subsection (8), appeal against the decision of the local authority concerned to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.

(b) On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority concerned as he or she thinks proper in relation to the grant F100 [ ] of a waste collection permit F100 [ ].

(10) A contravention of any provision of section 32 or 39 , or of any condition of a waste collection permit, by any person employed by or on behalf of, or otherwise carrying out any waste collection activity for, or on behalf of, the holder of the permit, shall be deemed to also be a contravention of the provision or condition, as the case may be, by that holder.

F101 [ (10A) A person who, under this section furnishes information to a local authority which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence. ]

(11) ( a) The Minister may make regulations for the purpose of this section.

( b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters—

(i) the form in which an application for the grant of a waste collection permit (“a permit”) shall be made and the form of a permit;

F102 [ (ia) prescribing a class or classes of waste or household waste for purposes of a waste collection permit or conditions that may or shall be attached to that permit, including by reference to the nature or quantity of the waste, its presentation for collection or whether it is to be segregated; ]

(ii) information and particulars to be submitted by an applicant for the grant of a permit, and verification of such information and particulars;

(iii) specifying the period within which an application for the grant of a permit shall be dealt with by a local authority;

(iv) matters in respect of which a local authority must be satisfied prior to the granting of a permit;

F103 [ (v) requiring a local authority to attach specified conditions to a permit, including a condition referred to in subsection (7)(b) or (c) ; ]

(vi) specifying conditions that a local authority may attach to a permit;

F104 [ (via) for the purposes of subsection (7) , prescribing any matter referred to in that subsection as prescribed or to be prescribed; ]

(vii) F105 [ ]

(viii) the making available for inspection by members of the public of an application for the grant of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;

(ix) the publication by a local authority of decisions made by it in relation to permits;

(x) requiring an applicant for the grant of a permit to defray, or contribute towards, any costs incurred by the local authority concerned in carrying out an investigation in relation to the F106 [ application; ]

F107 [ (xi) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of this section and the regulations. ]

(12) The collection of waste shall, in the period before a waste collection permit in relation to such collection is granted or refused, be deemed not to have contravened the provisions of this section if, before the date prescribed under subsection (1) (a), an application has been made for a waste collection permit in respect of such collection and the requirements of regulations under subsection (11) in relation to the application have been complied with by the applicant therefor.

F108 [ (13) ( a ) The reference in subsection (1)(a) to a local authority, where it first occurs, shall be construed as including a reference to the corporation of a borough of any kind and the council of an urban district.

( b ) Each other reference in this section (other than subsections (1)(aa) and (4) ) to a local authority shall be construed as including a reference to a body standing prescribed for the purposes of subsection (1)(a)(iii) .

F109 [ ( c ) If a body stands prescribed for the purposes aforesaid, then this section shall have effect, in so far as it relates to such a body, as if the following subsection was substituted for subsection (4) :

(4) A body standing prescribed for the purposes of subsection (1)(a)(iii) shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan as the case may be. . ] ]

Annotations:

Amendments:

F90

Substituted and inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(a), commenced on enactment.

F91

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(a), S.I. No. 358 of 2015.

F92

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(b), S.I. No. 358 of 2015.

F93

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(c), S.I. No. 358 of 2015.

F94

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(d), S.I. No. 358 of 2015.

F95

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(i), S.I. No. 358 of 2015.

F96

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(ii), S.I. No. 358 of 2015.

F97

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(f), S.I. No. 358 of 2015.

F98

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(g), S.I. No. 358 of 2015.

F99

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(h), S.I. No. 358 of 2015.

F100

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(i), S.I. No. 358 of 2015.

F101

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(j), S.I. No. 358 of 2015.

F102

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(i), S.I. No. 358 of 2015.

F103

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(ii), S.I. No. 358 of 2015.

F104

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iii), S.I. No. 358 of 2015.

F105

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iv), S.I. No. 358 of 2015.

F106

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(v), S.I. No. 358 of 2015.

F107

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(vi), S.I. No. 358 of 2015.

F108

Substituted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(b), commenced on enactment.

F109

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 31(b), S.I. No. 393 of 2004.

Modifications (not altering text):

C11

Application of subs. (1)(a) restricted (1.07.2010) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009), reg. 7(2), in effect as per reg. 4(2), as amended (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015), reg. 3(b).

Food waste arising on a producer’s premises

7. ...

(2) Section 34(1)( a) of the Act shall not apply in respect of—6

[( a) a producer, authorised, registered or approved under the European Union (Animal By-Products) Regulations 2014, or ]

( b) a producer transferring source segregated food waste arising on his premises for the purposes of an authorised treatment process in accordance with paragraph (1)( b) (iii), provided that the vehicle used for the transfer is—

(i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC 6 , and

(ii) facilitating the transfer of the waste for the purposes of an authorised treatment process, and

(iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and, as appropriate,

(iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992.

...

C12

Application of subs. (1)(a) restricted (26.09.2008) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 43, in effect as per regulation.

Non-application of section 34(1)(a) of the Act

43. (1) Without prejudice to regulation 21(1)( b)(ii), on and from 26 September 2008, section 34(1)( a) of the Act shall not apply in respect of the transport of waste batteries undertaken by a—

( a) distributor, registered or exempted from registration in accordance with the provisions of regulation 42—

(i) taking back waste batteries or, as appropriate,

(ii) depositing waste batteries at a collection point, that was accepted free of charge in accordance with the provisions of regulation 21 and is managed in accordance with the provisions of regulation 22,

( b) person or persons, acting on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number, or

( c) person or persons, acting on behalf of a workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of regulation 25( c) provided that the waste batteries are transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), other than a vehicle designed for the carriage of a skip or other demountable container.

(2) the exemptions provided for in sub-regulation(1) shall not apply—

( a) to contaminated waste batteries that present a health and safety risk, and

( b) unless the waste batteries will be eventually–

(i) treated at an appropriate facility in accordance with the requirements set out in Part A, and

(ii) recycled at an appropriate facility in accordance with the requirements set out in Part B of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.

C13

Application of subs. (1)(a) restricted (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 30, in effect as per reg. 1(2), as amended (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008), reg. 2(n).

Non-application of section 34(1)(a) of the Act

30. (1) Notwithstanding the additional requirements applicable to the relevant exemptions as imposed under sub-article 30(2), section 34(1)( a) of the Act shall not apply in respect of—

( a) the gathering, sorting or mixing of waste—

(i) on the premises at which the waste arose, or

(ii) which is carried on in accordance with a waste licence, a waste facility permit, a certificate of registration or an IPPC licence that is for the time being in force,

( b) the collection and transport of non-hazardous waste, other than under the conditions described in paragraph ( k)(i) by a person where—

(i) such transport is incidental to the main business activity of the person concerned, and

(ii) the quantity of waste transported by the person concerned is equal to or less than 2 tonnes other than waste which is transported in, or on, a vehicle designed for the carriage of a skip or other demountable container,

( c) the collection and transport of waste, returned or recovered refrigerant gases in refrigerant containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000 and Regulation (EC) No. 842/2006, by a person where—

(i) such transport is incidental to the main business activity of the person concerned,

(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered refrigerant gases in accordance with the relevant legislative requirements for the specific refrigerant gas type,

(iii) the quantity of waste, returned or recovered refrigerant gas transported in refrigerant containers by the person concerned is equal to or less than 2 tonnes,

(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,

(v) the handling and transport of the refrigerant gases is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,

(vi) no mixing of different refrigerant gas types occurs,

(vii) the transport of the waste, returned or recovered refrigerant gases in refrigerant containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,

(viii) the waste, returned or recovered refrigerant gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with the relevant legislative requirements for the specific refrigerant gas type,

( d) the collection and transport of waste, returned or recovered halons in halon containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000, by a person where—

(i) such transport is incidental to the main business activity of the person concerned,

(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered halons in accordance with Regulation (EC) No. 2037/2000,

(iii) the quantity of waste, returned or recovered halons transported in halon containers by the person concerned is equal to or less than 2 tonnes,

(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,

(v) the handling and transport of the halons in halon containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,

(vi) the transport of the waste, returned or recovered halons in halon containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,

(vii) the waste, returned or recovered halon gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 2037/2000,

( e) the collection and transport of waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers where recovery has the meaning assigned to it under Regulation (EC) No. 842/2006, by a person where—

(i) such transport is incidental to the main business activity of the person concerned,

(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered fluorinated greenhouse gases in accordance with Regulation (EC) No. 842/2006,

(iii) the quantity of waste, returned or recovered fluorinated greenhouse gas transported in fluorinated greenhouse gas containers by the person concerned is equal to or less than 2 tonnes,

(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,

(v) the handling and transport of the fluorinated greenhouse gas in fluorinated greenhouse gas containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,

(vi) the transport of the waste, returned or recovered fluorinated greenhouse gas in fluorinated greenhouse gas containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,

(vii) the waste, returned or recovered fluorinated greenhouse gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 842/2006,

( f) the collection and transport of specified risk material, or protein or tallow obtained from the rendering of specified risk material, under and in accordance with a licence granted under Regulation 10 of the European Communities (Specified Risk Material) Regulations, 2000 ( S.I. No. 332 of 2000),

[( g) the collection and transport of animal by-products, other than catering waste, within the meaning of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 ( S.I. No. 612 of 2006 ), subject to any amendment that may be made to those regulations from time to time, ]

( h) the collection and transport of packaging waste by a major producer, within the meaning of the Waste Management (Packaging) Regulations 2003 ( S.I. No. 61 of 2003) as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 ( S.I. No. 871 of 2004) and the Waste Management (Packaging) (Amendment) Regulations 2006 ( S.I. No. 308 of 2006), under and in accordance with, articles 5(1)( a) and 9(1)( e) of those Regulations, subject to any amendment that may be made to those Regulations from time to time,

( i) collection and transport of farm plastic waste by a producer within the meaning of the Waste Management (Farm Plastics) Regulations, 2001 ( S.I. No. 341 of 2001), under and in accordance with article 4 of those Regulations, subject to any amendment that may be made to those Regulations from time to time,

( j) the collection of waste at a bring facility,

( k) the collection and transport of waste electrical and electronic equipment by—

(i) any—

(I) person or persons in accordance with the provisions of article 38 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005);

(II) producer as defined in section 53G of the Act, from a final user other than a private household, for the purposes of fulfilling his or her obligations in accordance with the provisions of article 17(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005) and provided the quantity of waste concerned is equal to or less than 0.5 tonnes,

(III) final user other than other than a private household for the purposes of—

(A) fulfilling his or her obligations in accordance with the provisions of article 17(2) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005), or as appropriate,

(B) transporting waste electrical and electronic equipment to a collection point designated by a producer as defined in section 53G of the Act where alternative financial arrangements have been made in accordance with the provisions of article 18(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005),

subject to any amendment that may be made to the those Regulations from time to time and provided the quantity of waste concerned is equal to or less than 0.5 tonnes, or as appropriate,

(ii) person or persons acting on behalf of or in conjunction with an authorised treatment facility where the waste electrical and electronic equipment concerned will be treated in accordance with the technical requirements as set out in the seventh schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005) for the purposes of raising awareness, or as appropriate, targeting specific categories of waste electrical and electronic equipment subject to the approval of the Minister and shall be subject to such conditions as the Minister may specify, including but not exclusively—

(I) the period of approval which shall be for a period of not more than 6 months,

(II) the use of logos adopted by the Minister,

(III) the nature of information to recorded and maintained by the authorised treatment facility concerned, or as appropriate

(IV) provided to the Agency, or as appropriate, any local authority

(V) variance in the terms and conditions of approval, and

(VI) revocation of approval,

subject to any amendment that may be made to those Regulations from time to time.

( l) the collection and transport of waste, other than in a vehicle designed for the carriage of a skip or other demountable container, undertaken by or on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, provided that, in the case of waste electrical and electronic equipment, the activity is confined to the transport of waste electrical and electronic equipment listed within the first schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005), other than waste electrical and electronic equipment listed within Category 5 of that schedule.

( m) the collection of waste at a central collection point by, or on behalf of a local authority, or with the approval of a local authority, where such collection is undertaken by, or on behalf of, a community group,

(2) The exemptions provided for in sub-articles

( a) 1( j) and 1( k) shall not apply—

(i) to contaminated waste electrical and electronic equipment that presents a health and safety risk,

(ii) unless transport of the waste electrical and electronic equipment is to an authorised facility where it will be stored in accordance with the requirements of Annex III of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, and

(iii) unless the waste electrical and electronic equipment will be reused or eventually be treated at an appropriate facility in accordance with the technical requirements of Annex II of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, or as appropriate,

( b) 1( b), 1( g), 1( h), 1(i), 1( j), 1( k) and 1( l) shall not apply to any person or persons that is not fulfilling his or her producer responsibility obligations, where applicable, provided for in Regulations made in accordance with Part III, or as appropriate, Part VA, Part VB of the Act or, as appropriate, any appropriate section or Part concerning producer responsibility obligations, that may be inserted into the Act from time to time,

( c) 1( b) to 1( l) inclusive shall not apply in respect of the collection and transport of waste in any vehicle that is not—

(i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC, and

(ii) facilitating the transfer of the waste to an authorised facility, and

(iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and as appropriate,

(iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992.

Editorial Notes:

E323

Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.

E324

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E325

Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).

E326

Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).

E327

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

E328

Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).

E329

Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).

E330

Offence under subs. (1) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).

E331

Provisions concerning costs of certain proceedings relating to waste collection permits granted pursuant to section prescribed (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6 and 7, S.I. No. 433 of 2011.

E332

Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).

E333

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).

E334

Offence under subs. (1) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.

E335

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).

E336

Offence under subs. (1) prescribed as offence for purposes of subs. (5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).

E337

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

E338

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E339

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.

E340

Previous affecting provision: application of subs. (1)(a) restricted (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 41, in effect as per reg. 45; revoked (29.03.2014) by European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014), reg. 41, in effect as per reg. 45.

E341

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E342

Previous affecting provision: application of subs. (1)(a) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 43, in effect as per regulation; revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 49(1), with effect from date specified in reg. 3, as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E343

Previous affecting provision: power pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E344

Previous affecting provision: application of subs. (1)(a) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 43, in effect as per regulation; revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 49(1), with effect from date specified in reg. 3, as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E345

Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).

E346

Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).

E347

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).

E348

Previous affecting provision: application of subs. (1)(a) restricted (13.08.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), reg. 38, in effect as per regulation; revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E349

Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E350

Previous affecting provision: subs. (4) substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 31(a), S.I. No. 393 of 2004; substituted as per F-note above.

E351

Previous affecting provision: offence under subs. (6) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).

E352

Previous affecting provision: application of subs. (1)(a) restricted (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 22; revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in para. (2).

E353

Previous affecting provision: pursuant to section exercised (30.11.2001) by Waste Management (Collection Permit) (Amendment) Regulations 2001 (S.I. No. 540 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2); subject to transitional provision in reg. 2(2).

E354

Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2); subject to transitional provision in reg. 2(2).

E355

Previous affecting provision: withdrawal of application deemed refusal by local authority for purposes of subs. (12) (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 28(3); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in para. (2).

E356

Previous affecting provision: application of subs. (1)(a) restricted (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), reg. 6(2), in effect as per reg. 1(2); deleted (30.11.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 29, in effect as per regulation.

6 O.J. L 114, 27.04.2006, p 9.

6 O J L 114, 27.04.2006, p 9.

34A

F110 [ Review of waste collection permit

34A. (1) A local authority may review a waste collection permit, or a waste collection permit amended under this section

(a) at any time after the permit was granted or amended, or

(b) on an application in that behalf being made by the holder of the permit ( permit holder ).

(2) A local authority shall review a waste collection permit or a waste collection permit amended under this section where

(a) the permit holder has been convicted of an offence prescribed under section 34(5) ,

(b) the local authority believes that the permit holder is contravening or has contravened a condition of a waste collection permit attached to that permit under section 34(7)(b) (other than a condition attached under subparagraph (v) of that section 34(7)(b) ), or

(c) the local authority believes that the permit holder, during a 5 year period beginning on the date of the first such contravention, is contravening or has contravened three different conditions attached, under subparagraph (v) of paragraph (b) or paragraph (c) or (d) of section 34(7) , to a waste collection permit granted to that permit holder.

(3) For the purposes of a review under this section, a local authority, by notice in writing, may request information or further information from the permit holder, the local authority concerned, the Agency, or any other person who the local authority wishes to consult, and the permit holder, local authority concerned, Agency or other person shall furnish that information or further information within the period stated in the notice.

(4) A local authority having reviewed a waste collection permit under subsection (1)(a) or considered an application under subsection (1)(b) and any information or further information furnished under subsection (3) , and determined whether it is satisfied regarding the same matters in relation to which the authority is required to be satisfied for the purposes of a grant of an application under section 34 , shall make a decision in relation to the review.

(5) The decision of the local authority referred to in subsection (4) may be to

(a) amend a permit, including amending conditions attached to the permit or removing the authorisation under the permit to collect certain classes of waste, including removing the authorisation relating to a vehicle which, the authority is satisfied, is the cause of a contravention of a condition attached to a waste collection permit under subparagraph (i) , (ii) or (iii) of section 34(7)(b) ,

(b) direct measures to be taken by the permit holder within a period specified in the notice under subsection (7) , including to direct the permit holder to submit an application for a waste collection permit under section 34 ,

(c) terminate the review without amending the waste collection permit, or

(d) revoke the waste collection permit where the local authority decides that the permit holder

(i) is not a fit and proper person within the meaning of section 34D ,

(ii) has failed or neglected to take the measures required under paragraph (b) , or

(iii) offered to surrender the permit and such offer is acceptable to the local authority.

(6) For the purposes of subsection (5)(a) , section 34 applies, with any necessary modifications, to the attaching of a condition that may be or, as the case may be, is required to be attached to a permit following a decision of a local authority under that subsection as it applies to the attaching to a permit granted under section 34 of those conditions.

(7) The local authority, as soon as possible after its decision under subsection (4) , and in any event not later than 14 days after that decision, shall give notice in writing to the permit holder or, as the case may be, person whose waste collection permit has been revoked, of the decision, the reasons therefor, that the decision may be appealed and that the decision shall be suspended, until the decision becomes final under subsection (8) , or the disposal of an appeal under subsection (9) .

(8) (a) If, on the expiration of the period of 28 days beginning on the date of the notice under subsection (7) , no appeal under subsection (9) is made, the decision of the local authority under subsection (4) shall be final.

(b) If, following an appeal under subsection (9) , the District Court gives directions to the local authority under subsection (9)(b) , the decision of the local authority under subsection (4) is suspended until the local authority complies with the direction.

(9) (a) A permit holder or, as the case may be, person whose waste collection permit has been revoked, within 28 days of the date of a notice under subsection (7) , may appeal against the decision of the local authority to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.

(b) On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority as he or she thinks proper in relation to the revocation of a waste collection permit or the amendment of conditions attached to such a permit.

(10) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management responsible for prosecuting an offence prescribed under section 34(5) shall, if applicable, inform a local authority as soon as practicable if a permit holder is convicted of the offence.

(11) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management shall inform a local authority where it appears to the local authority concerned, the Agency or body that a condition of a waste collection permit under paragraph (b) , (c) or (d) of section 34(7) is being or has been contravened.

(12) The Minister may make regulations for the purposes of this section providing for any of the following matters:

(a) procedures to be followed by a local authority with regard to the initiating and conducting of reviews;

(b) specific circumstances whereby a waste collection permit holder may apply to have their permit reviewed;

(c) matters in relation to which the authority shall be satisfied before accepting the surrender of a permit;

(d) the time within which reviews shall be carried out;

(e) procedures to be followed in relation to the furnishing of information under subsection (3) ;

(f) information to be furnished by a permit holder relating to compliance with a waste collection permit or measures directed under subsection (5)(b) ;

(g) procedures to be followed in relation to the furnishing of information under subsection (10) or (11) ;

(h) amendment of any entry in the register maintained by a local authority under section 19 concerning a waste collection permit that may be required following a review under this section;

(i) such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purposes of this section.

(13) A person who, under this section furnishes information to a local authority or to a local authority concerned which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.

(14) In this section reference to local authority concerned means a local authority (first-mentioned local authority) who has nominated another local authority under section 34(1)(aa) to perform functions under section 34 and this section in relation to waste collection permits or review of waste collection permits in respect of the functional area of the first-mentioned local authority. ]

Annotations:

Amendments:

F110

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 38, S.I. No. 358 of 2015.

Editorial Notes:

E357

The section heading is taken from the amending section in the absence of one included in the amendment.

34B

F111 [ Transfer of a waste collection permit

34B. (1) In this section and sections 34C and 34D nominated authority means a local authority nominated under section 34(1)(aa)(ii) .

(2) A waste collection permit may be transferred to another person in accordance with this section.

(3) Where the authorised waste collector intends that the waste collection permit be transferred to another person (in this section referred to as the proposed transferee ), the authorised waste collector and the proposed transferee shall jointly make an application to the nominated authority requesting that such a transfer be effected by the authority.

(4) An application under subsection (3) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 50 and the waste collection permit concerned.

(5) The nominated authority may require the provision of such further information by the authorised waste collector or the proposed transferee as it considers appropriate for the purposes of considering an application made under subsection (3) .

(6) If, on consideration of an application under subsection (3) , and any relevant information provided in respect thereof, the nominated authority is satisfied that the proposed transferee would, if he or she were an applicant for the waste collection permit, be regarded by it as a fit and proper person within the meaning of section 34D to be granted, under section 34 , a like waste collection permit to the waste collection permit concerned, it shall effect a transfer of the waste collection permit to the proposed transferee in such manner as may be prescribed.

(7) A person to whom a waste collection permit is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the waste collection permit, including all conditions attached to the permit, regardless of how and in respect of what period, including a period before the transfer of the waste collection permit, they may arise.

(8) The Minister may make regulations in relation to all or any of the following matters:

(a) the form in which an application for the transfer of a permit shall be made;

(b) information and particulars to be submitted with an application for the transfer of a permit and verification of such information and particulars;

(c) specifying the period in which an application for a transfer of a permit shall be dealt with by a nominated authority;

(d) the making available for inspection by members of the public of an application for the transfer of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;

(e) the manner of transfer of a waste collection permit;

(f) the publication by the nominated authority of decisions made by it in relation to the transfer of permits;

(g) requiring the proposed transferee to defray, or contribute towards, any costs incurred by the nominated authority concerned in carrying out an investigation in relation to the application. ]

Annotations:

Amendments:

F111

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.

Editorial Notes:

E358

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

34C

F112 [ Information required by authorised persons or nominated authority

34C. (1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to in subsection (7) request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to in subsection (3), as is specified in the notice (in this section referred to as the specified information ).

(2) Where an authorised person or a nominated authority makes a request under subsection (1) , the relevant person to whom the notice is given shall provide the specified information within the period of 14 days beginning on the date of the notice.

(3) A local authority or, as the case may be, a nominated authority, may specify all or any of the following information in a notice under subsection (1) :

(a) details in the possession or control of the relevant person of the address (including the postcode (if any) within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011 ) of every person who has household waste collected by an authorised waste collector or who deposits household waste at a facility;

(b) in relation to each such person referred to in paragraph (a) who has household waste so collected or who deposits household waste at a facility:

(i) the name of every person availing of a household waste collection service;

(ii) any unique identification number which the authorised collector has assigned to a person availing of a household waste collection service;

(iii) details of the separate collection or deposition of separate collection of household waste;

(iv) details of when household waste or classes of household waste were last collected or deposited;

(v) details of the structure of the fees charged to the person from whom the household waste is collected or depositing the waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection from or deposition by that person of household waste.

(4) The specified information to be provided by a relevant person pursuant to a notice under subsection (1) shall be provided in such form and manner as may be specified by the local authority or, as the case may be, the nominated authority in the notice.

(5) Where a relevant person fails to provide the information requested in a notice given under subsection (1) by a local authority

(a) in the form and manner requested, or

(b) within the time limit referred to in subsection (2) ,

the local authority shall notify the nominated authority as soon as is reasonably practicable, in such form as is specified by the nominated authority, of the breach of a waste collection permit condition under section 34(7)(b)(ix) or of a condition of a licence under section 41(3)(d)(va) .

(6) In this section relevant person means

(a) an authorised waste collector, or

(b) the holder (other than a local authority) of a waste licence or such other authorisation or certificate which accepts household waste directly from a person.

(7) Each local authority or, as the case may be, a nominated authority shall maintain a register of persons availing of a household waste collection service for the purpose of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act relating to household waste.

(8) The register maintained under subsection (7) shall include

(a) such information referred to in sections 34(7)(b)(ix) , 39(5B)(ee) and 41(3)(d)(va) received by a local authority or, as the case may be, nominated authority, and

(b) such information received by a local authority or, as the case may be, nominated authority pursuant to a notice under subsection (1) ,

as relates to waste services provided by or on behalf of a local authority for the collection of household waste. ]

Annotations:

Amendments:

F112

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.

34D

F113 [ Fit and proper person

34D. (1) For the purposes of sections 34 , 34A and 34B a person is a fit and proper person if

(a) neither that person nor any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate, has been convicted

(i) summarily of an offence under

(I) subsection (6) of section 32 consisting of a contravention of subsection (1) of that section, or

(II) section 55(8) ,

or

(ii) on indictment of an offence under this Act, the Environmental Protection Agency Acts 1992 to 2011, the Local Government (Water Pollution) Acts 1977 to 2007, or the Air Pollution Acts 1987 and 2011,

(b) in the reasonable opinion of the nominated authority, that person or, as appropriate, any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate has the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act,

(c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity,

(d) that person has not had a waste collection permit revoked under section 34A , other than where the permit was surrendered, and

(e) that person has not had an order made against him or her under section 57 or 58 .

(2) The Minister may make regulations providing for requirements in relation to the requisite technical knowledge or qualifications to carry on the activity to which the waste collection permit relates in accordance with the permit and any other requirements of this Act. ]

Annotations:

Amendments:

F113

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.

Presentation of waste for collection.

35

35. (1) Whenever a local authority considers that, for the purpose of the proper management of waste or the prevention or control of environmental pollution, it is necessary so to do, it may, subject to subsection (5), make bye-laws—

( a) requiring a holder of household waste to present such waste for collection by a person collecting waste in accordance with this Part,

( b) requiring a holder of household or commercial waste who presents such waste for collection as aforesaid (whether pursuant to a requirement of bye-laws under paragraph (a) or not) to so present the waste in a manner specified in the bye-laws.

(2) A bye-law under subsection (1) shall be made in accordance with, and construed as if it was made under, Part VII of the Local Government Act, 1994.

(3) Bye-laws under subsection (1) may, without prejudice to the generality of that subsection or of section 37 (4) of the Local Government Act, 1994, include provisions specifying—

( a) that waste shall only be placed for collection in receptacles of a particular kind and that different waste shall be placed in different receptacles,

( b) the quantity of waste which may or may not be placed in any receptacle,

( c) the waste, or the mixtures of waste, which may or may not be placed in a receptacle,

( d) the measures or precautions to be taken where particular waste, or mixtures thereof, is or are placed in a receptacle,

( e) the size, colour, construction or maintenance of receptacles,

( f) the location at which the waste is to be made available for collection,

( g) times during which the waste is to be made available for collection,

F114 [ ( gg ) that waste placed for collection shall bear evidence, in such a manner or form as is provided in the bye-laws, of the payment of any charge that has been made under section 75 in respect of the collection of the waste, ]

( h) any matters consequential on, or incidental to, the foregoing.

(4) A local authority may provide or, where appropriate, may, in accordance with section 34 , require the holder of a waste collection permit granted by the authority to provide, receptacles in which household or commercial waste (either generally or of a specified nature or type) presented for collection shall be placed for such collection, and the local authority or the said holder, as the case may be, may require such reasonable payment, as it or he or she may determine, in respect of the provision of receptacles from the persons to whom they are provided.

(5) ( a) The Minister may, if he or she considers it expedient so to do for the purpose of the prevention or control of environmental pollution, give a direction to a local authority requiring it to take specified steps (including the making of bye-laws under Part VII of the Local Government Act, 1994) to ensure that specified substances, products, materials or classes of waste arising in household or commercial waste are segregated for the purpose of and in the course of collection, and recovered or disposed of in a specified manner.

( b) A local authority concerned shall comply with any direction of the Minister given under this subsection within such period as may be specified in the direction.

Annotations:

Amendments:

F114

Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 32, S.I. No. 393 of 2003.

Modifications (not altering text):

C14

References to “Part VII of the Local Government Act 1994”, or any section of that Part, construed (10.07.2006) by Local Government Act 2001 (37/2001), s. 209(2)(a), S.I. No. 361 of 2006.

Continuation in force of existing bye-laws, etc.