Waste Management Act 1996

34A

F126[Review of waste collection permit

34A. (1) A local authority may review a waste collection permit, or a waste collection permit amended under this section

(a) at any time after the permit was granted or amended, or

(b) on an application in that behalf being made by the holder of the permit (permit holder).

(2) A local authority shall review a waste collection permit or a waste collection permit amended under this section where

(a) the permit holder has been convicted of an offence prescribed under section 34(5),

(b) the local authority believes that the permit holder is contravening or has contravened a condition of a waste collection permit attached to that permit under section 34(7)(b) (other than a condition attached under subparagraph (v) of that section 34(7)(b)), or

(c) the local authority believes that the permit holder, during a 5 year period beginning on the date of the first such contravention, is contravening or has contravened three different conditions attached, under subparagraph (v) of paragraph (b) or paragraph (c) or (d) of section 34(7), to a waste collection permit granted to that permit holder.

(3) For the purposes of a review under this section, a local authority, by notice in writing, may request information or further information from the permit holder, the local authority concerned, the Agency, or any other person who the local authority wishes to consult, and the permit holder, local authority concerned, Agency or other person shall furnish that information or further information within the period stated in the notice.

(4) A local authority having reviewed a waste collection permit under subsection (1)(a) or considered an application under subsection (1)(b) and any information or further information furnished under subsection (3), and determined whether it is satisfied regarding the same matters in relation to which the authority is required to be satisfied for the purposes of a grant of an application under section 34, shall make a decision in relation to the review.

(5) The decision of the local authority referred to in subsection (4) may be to

(a) amend a permit, including amending conditions attached to the permit or removing the authorisation under the permit to collect certain classes of waste, including removing the authorisation relating to a vehicle which, the authority is satisfied, is the cause of a contravention of a condition attached to a waste collection permit under subparagraph (i), (ii) or (iii) of section 34(7)(b),

(b) direct measures to be taken by the permit holder within a period specified in the notice under subsection (7), including to direct the permit holder to submit an application for a waste collection permit under section 34,

(c) terminate the review without amending the waste collection permit, or

(d) revoke the waste collection permit where the local authority decides that the permit holder

(i) is not a fit and proper person within the meaning of section 34D,

(ii) has failed or neglected to take the measures required under paragraph (b), or

(iii) offered to surrender the permit and such offer is acceptable to the local authority.

(6) For the purposes of subsection (5)(a), section 34 applies, with any necessary modifications, to the attaching of a condition that may be or, as the case may be, is required to be attached to a permit following a decision of a local authority under that subsection as it applies to the attaching to a permit granted under section 34 of those conditions.

(7) The local authority, as soon as possible after its decision under subsection (4), and in any event not later than 14 days after that decision, shall give notice in writing to the permit holder or, as the case may be, person whose waste collection permit has been revoked, of the decision, the reasons therefor, that the decision may be appealed and that the decision shall be suspended, until the decision becomes final under subsection (8), or the disposal of an appeal under subsection (9).

(8) (a) If, on the expiration of the period of 28 days beginning on the date of the notice under subsection (7), no appeal under subsection (9) is made, the decision of the local authority under subsection (4) shall be final.

(b) If, following an appeal under subsection (9), the District Court gives directions to the local authority under subsection (9)(b), the decision of the local authority under subsection (4) is suspended until the local authority complies with the direction.

(9) (a) A permit holder or, as the case may be, person whose waste collection permit has been revoked, within 28 days of the date of a notice under subsection (7), may appeal against the decision of the local authority 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 as he or she thinks proper in relation to the revocation of a waste collection permit or the amendment of conditions attached to such a permit.

(10) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management responsible for prosecuting an offence prescribed under section 34(5) shall, if applicable, inform a local authority as soon as practicable if a permit holder is convicted of the offence.

(11) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management shall inform a local authority where it appears to the local authority concerned, the Agency or body that a condition of a waste collection permit under paragraph (b), (c) or (d) of section 34(7) is being or has been contravened.

(12) The Minister may make regulations for the purposes of this section providing for any of the following matters:

(a) procedures to be followed by a local authority with regard to the initiating and conducting of reviews;

(b) specific circumstances whereby a waste collection permit holder may apply to have their permit reviewed;

(c) matters in relation to which the authority shall be satisfied before accepting the surrender of a permit;

(d) the time within which reviews shall be carried out;

(e) procedures to be followed in relation to the furnishing of information under subsection (3);

(f) information to be furnished by a permit holder relating to compliance with a waste collection permit or measures directed under subsection (5)(b) ;

(g) procedures to be followed in relation to the furnishing of information under subsection (10) or (11);

(h) amendment of any entry in the register maintained by a local authority under section 19 concerning a waste collection permit that may be required following a review under this section;

(i) such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purposes of this section.

(13) A person who, under this section furnishes information to a local authority or to a local authority concerned which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.

(14) In this section reference to local authority concerned means a local authority (first-mentioned local authority) who has nominated another local authority under section 34(1)(aa) to perform functions under section 34 and this section in relation to waste collection permits or review of waste collection permits in respect of the functional area of the first-mentioned local authority.]

Annotations

Amendments:

F126

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 38, S.I. No. 358 of 2015.

Editorial Notes:

E371

The section heading is taken from the amending section in the absence of one included in the amendment.