Waste Management Act 1996

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.