Waste Management Act 1996

Waste collection permits.

34

34.(1) F125[(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, F126[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 F126[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 F126[collection or transport of waste] where such F126[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 F126[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.

F127[(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 F128[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 F129[to refuse to grant the permit for stated reasons which may include the abandonment of the application by the applicant].

F130[(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 F131[(3) and (4)], an application for a waste collection permit may be refused, or a waste collection permit may be revoked F132[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) F133[]

F134[(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 F135[household waste or commercial waste] collected or transported;

(ii) reporting of the weight of F135[household waste or commercial waste] collected or transported to the person who presents the F135[household waste or commercial 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 F135[household waste or commercial waste] for collection);

(iii) subject to paragraph (f)(i) and (ii), charging of fees for F135[household waste or commercial waste] collection or transport services;

(iv) in relation to collection of F135[household waste or commercial waste], preparing and publishing a customer charter and its form and content;

(v) providing information to the person who presents F135[household waste or commercial 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 F135[household waste or commercial waste];

(viii) collection or transport of different F135[household waste or commercial waste] at specified frequencies;

(ix) with regard to persons from whom F135[household waste or commercial 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 F135[household waste or commercial waste] from those persons

(I) details of the collection of separate classes of F135[household waste or commercial waste],

(II) details of persons who choose not to partake in the collection of separate classes of F135[household waste or commercial waste],

(III) details of when F135[household waste or commercial 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 F135[household waste or commercial 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 F136[or shall] 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 F135[is required to be delivered, or to which it is prohibited from being 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 F135[concerned, and the form in which such records are to be kept and preserved and in which the information is to be supplied];

(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 F135[incorrect separation of waste in receptacles for segregated 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 F135[the receptacle;]

F136[(xxiii) the achievement of such targets as may be specified in the permit in relation to recycling rates;

(xxiv) effecting and maintaining a record, document and data management system of such standard, or in accordance with such criteria, as the Minister may prescribe and which may include an electronic record, document and data management system;

(xxv) the requirement to collect waste where a waste service is not provided;

(xxvi) the requirement to effect and maintain a customer communication and awareness programme.]

(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 F135[household waste or commercial waste].

(f) Regulations under paragraph (e) shall provide for the means by which fees for collection or F135[transport of household waste or commercial waste, as the case may be,] shall be calculated by a permit holder and shall require a permit holder to

(i) charge a fee for each kilogramme of F135[household waste or commercial waste, as the case may be, collected or transported, or both,] which fee shall only be calculated by reference to weight of F135[household waste or commercial waste, as the case may be, 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 F135[household waste or commercial waste, as the case may be, incentivise waste prevention and 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 F135[household waste or commercial waste, as the case may be,] collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated F135[household waste or commercial waste, as the case may be,] 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 F135[household waste or commercial waste, as the case may be].

(ii) The Minister shall review the costs of managing F135[household waste and commercial 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 F137[] a waste collection permit, or

(ii) to refuse to grant F137[] such a permit,

forthwith notify the applicant therefor F137[] of the decision and the reasons for the decision.

(9) (a) An applicant for F138[] a waste collection permit may, within F139[28 days] 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 F138[] of a waste collection permit F138[].

(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.

F140[(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;

F141[(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;

F142[(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;

F143[(via) for the purposes of subsection (7), prescribing any matter referred to in that subsection as prescribed or to be prescribed;]

(vii) F144[]

(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 F145[application;]

F146[(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.

F147[(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).

F148[(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:

F125

Substituted and inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(a), commenced on enactment.

F126

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(a), S.I. No. 358 of 2015.

F127

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(b), S.I. No. 358 of 2015.

F128

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(c), S.I. No. 358 of 2015.

F129

Substituted (24.02.2023) by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(a), S.I. No. 49 of 2023, art. 2(a).

F130

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(d), S.I. No. 358 of 2015.

F131

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(i), S.I. No. 358 of 2015.

F132

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(ii), S.I. No. 358 of 2015.

F133

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(f), S.I. No. 358 of 2015.

F134

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(g), S.I. No. 358 of 2015.

F135

Substituted (24.02.2023) by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(b)(i), (ii)(II)-(IV), and (iii)-(v), S. I. No. 49 of 2023, reg. 2(a).

F136

Inserted (24.02.2023) by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(b)(ii)(I), (v), S.I. No. 49 of 2023, art. 2(a).

F137

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(h), S.I. No. 358 of 2015.

F138

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(i), S.I. No. 358 of 2015.

F139

Substituted (24.02.2023) by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(c), S.I. No. 49 of 2023, art. 2(a), subject to transitional provision in subs. (2).

F140

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(j), S.I. No. 358 of 2015.

F141

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(i), S.I. No. 358 of 2015.

F142

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(ii), S.I. No. 358 of 2015.

F143

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iii), S.I. No. 358 of 2015.

F144

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iv), S.I. No. 358 of 2015.

F145

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(v), S.I. No. 358 of 2015.

F146

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(vi), S.I. No. 358 of 2015.

F147

Substituted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(b), commenced on enactment.

F148

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 31(b), S.I. No. 393 of 2004.

F149

Inserted by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(d), not commenced as of date of revision.

F150

Inserted by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(e)(i), (ii), not commenced as of date of revision.

F151

Inserted by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(f), not commenced as of date of revision.

Modifications (not altering text):

C19

Prospective affecting provisions: subss. (10B), (11)(b)(iva) and (xa)-(xc) inserted by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 26(1)(d), (e)(i), not commenced as of date of revision.

F149[(10B) A person shall not carry out any waste collection activity for, or on behalf of, the holder of a waste collection permit unless the person is an authorised waste collector.]

(11) ...

(b) ...

F150[(iva) the bases upon which a local authority may consider an application to be abandoned;]

...

F150[(xa) requiring that a permit holder defray, or contribute towards, any costs incurred by the local authority or, as the case may be, the nominated authority (within the meaning of section 34B) concerned, in the ongoing maintenance of the waste collection permitting system;]

F151[(xb) targets in relation to recycling rates for permit holders;

(xc) standards or criteria, or both, in relation to record, document and data management by permit holders;]

...

C20

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/EC6, 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.

...

C21

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.

C22

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:

E348

Power pursuant to section exercised (7.03.2023) by Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 (S.I. No. 104 of 2023). 

E349

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.

E350

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

E351

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).

E352

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

E353

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

E354

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

E355

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

E356

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).

E357

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.

E358

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

E359

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

E360

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.

E361

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).

E362

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).

E363

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).

E364

Previous affecting provision; power pursuant to section exercised (14.02.2023) by Waste Management (Collection Permit) (Amendment) Regulations 2023 (S.I. No. 63 of 2023); revoked (7.03.2023) by Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 (S.I. No. 104 of 2023), reg. 8(1). 

E365

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.

E366

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.

E367

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.

E368

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.

E369

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.

E370

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.

E371

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.

E372

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).

E373

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).

E374

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).

E375

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.

E376

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.

E377

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.

E378

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).

E379

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).

E380

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).

E381

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).

E382

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).

E383

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.