Waste Management Act 1996

37A

F115 [ Principles of self-sufficiency and proximity.

37A. (1)( a ) In carrying out their respective functions under this Act and related waste prevention and management legislation and policy, the Minister (in cooperation with other Member States where this is necessary or advisable), the Agency, An Bord Plean รก la and the local authorities shall take appropriate measures to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques.

( b )(i) By way of derogation from the TFS Regulation, Dublin City Council may, following consultation with the Agency and any local authority concerned, in carrying out their respective functions under this Act in order to protect the national network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with waste management plans.

(ii) Dublin City Council shall notify the Commission of any such decision.

(iii) Dublin City Council may also limit outgoing shipments of waste on environmental grounds as set out in the TFS Regulation.

(2) The network shall be designed to enable the Community as a whole to become self-sufficient in waste disposal as well as in the recovery of waste referred to in subsection (1) , and to enable the State to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste.

(3) The network shall enable waste to be disposed of or waste referred to in subsection (1) to be recovered in one of the nearest appropriate installations, by means of the most appropriate methods and technologies, in order to ensure a high level of protection for the environment and public health.

(4) The principles of proximity and self-sufficiency shall not mean that the State has to possess the full range of final recovery facilities within the State. ]

Annotations:

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F115

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 17.