Waste Management Act 1996

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:

E218

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

E219

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).

E220

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

E221

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.

E222

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).

E223

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.