Waste Management Act 1996

34C

F128[Information required by authorised persons or nominated authority

34C.(1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to in subsection (7) request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to in subsection (3), as is specified in the notice (in this section referred to as the specified information).

(2) Where an authorised person or a nominated authority makes a request under subsection (1), the relevant person to whom the notice is given shall provide the specified information within the period of 14 days beginning on the date of the notice.

(3) A local authority or, as the case may be, a nominated authority, may specify all or any of the following information in a notice under subsection (1):

(a) details in the possession or control of the relevant person of the address (including the postcode (if any) within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011) of every person who has household waste collected by an authorised waste collector or who deposits household waste at a facility;

(b) in relation to each such person referred to in paragraph (a) who has household waste so collected or who deposits household waste at a facility:

(i) the name of every person availing of a household waste collection service;

(ii) any unique identification number which the authorised collector has assigned to a person availing of a household waste collection service;

(iii) details of the separate collection or deposition of separate collection of household waste;

(iv) details of when household waste or classes of household waste were last collected or deposited;

(v) details of the structure of the fees charged to the person from whom the household waste is collected or depositing the waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection from or deposition by that person of household waste.

(4) The specified information to be provided by a relevant person pursuant to a notice under subsection (1) shall be provided in such form and manner as may be specified by the local authority or, as the case may be, the nominated authority in the notice.

(5) Where a relevant person fails to provide the information requested in a notice given under subsection (1) by a local authority

(a) in the form and manner requested, or

(b) within the time limit referred to in subsection (2),

the local authority shall notify the nominated authority as soon as is reasonably practicable, in such form as is specified by the nominated authority, of the breach of a waste collection permit condition under section 34(7)(b)(ix) or of a condition of a licence under section 41(3)(d)(va).

(6) In this section relevant person means

(a) an authorised waste collector, or

(b) the holder (other than a local authority) of a waste licence or such other authorisation or certificate which accepts household waste directly from a person.

(7) Each local authority or, as the case may be, a nominated authority shall maintain a register of persons availing of a household waste collection service for the purpose of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act relating to household waste.

(8) The register maintained under subsection (7) shall include

(a) such information referred to in sections 34(7)(b)(ix), 39(5B)(ee) and 41(3)(d)(va) received by a local authority or, as the case may be, nominated authority, and

(b) such information received by a local authority or, as the case may be, nominated authority pursuant to a notice under subsection (1),

as relates to waste services provided by or on behalf of a local authority for the collection of household waste.]

Annotations

Amendments:

F128

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.