Waste Management Act 1996

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:

E224

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