Waste Management Act 1996

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:

E225

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.

E226

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

E227

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).

E228

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.

E229

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).

E230

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.

E231

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).

E232

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.

E233

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.

E234

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.

E235

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.

E236

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.

E237

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).

E238

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).

E239

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).

E240

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).

E241

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.

E242

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.

E243

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.

E244

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.