Waste Management Act 1996

53C

F199 [ Producer responsibility for free treatment and recovery of end-of-life vehicles.

53C . (1) The Minister may make regulations imposing the obligation specified in subsection (2) with effect from

( a ) the commencement of section 43 of the Protection of the Environment Act 2003 where the vehicle mentioned in that subsection is a vehicle registered on or after 1 July 2002,

( b ) 1 January 2007 where the vehicle mentioned in that subsection is a vehicle registered before, on or after 1 July 2002.

(2) The obligation mentioned in subsection (1) is an obligation on the producer of the vehicle concerned to ensure that the registered owner of an end-of-life vehicle can deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery without (subject to section 53D(4) ) any cost being incurred by the owner in respect of such deposit, treatment or recovery.

(3) Regulations under this section may provide for

( a ) the making of arrangements by producers of specified vehicles for the purpose of ensuring that the foregoing obligations of each of them under the regulations are fulfilled,

( b ) the provision by producers of the financial resources (the resources ) necessary to ensure that those foregoing obligations are fulfilled,

( c ) the following matters in relation to the provision of the resources

(i) the conferral of powers on a specified person or persons (who or each of whom is referred to in this section as a collection authority ) with respect to securing and recovering the resources,

(ii) requiring the making of a declaration to a collection authority by a producer and specifying the particulars to be included in such a declaration,

(iii) the time at which an amount of resources shall be made available by a producer and the form and manner in which they shall be made available,

(iv) requiring specified records to be kept by specified persons in respect of matters connected with the making available of the resources and specifying the form of such records,

(v) enabling the making available of resources by specified producers to be deferred in specified circumstances,

(vi) requiring specified records and accounts to be kept by a collection authority in respect of resources made available or to be made available to it,

(vii) enabling the refund of resources made available by specified producers to be made to them,

(viii) enabling a collection authority to enter into arrangements with one or more specified persons whereby that person or those persons remit to the collection authority amounts by way of financial resources within a specified period of time after liability in respect of the making available of those amounts arises,

(ix) providing for the payment into the Environment Fund by a collection authority of amounts received by it by way of resources (subject to the deduction from such amounts of any amounts specified as being capable of being deducted therefrom for the purpose of defraying expenses incurred by it in securing or recovering the resources),

( d ) the exemption of a person from all or any of the requirements of regulations under this section who is certified by an association or body corporate that is formed or established for the purpose of the carrying on of relevant activities, that is to say, ensuring that end-of-life vehicles can be deposited by their registered owners for the purpose of their being the subject of appropriate treatment and recovery in accordance with subsection (2) , and is approved by the Minister in accordance with regulations under paragraph (a) , to be either

(i) a member or shareholder of that association or body corporate, as the case may be, or

(ii) participating, in a satisfactory manner, in a scheme for the carrying on of the relevant activities referred to in this paragraph or complying with any requirements specified by that association or body corporate, as the case may be, in relation to the carrying on of those activities,

( e )(i) the granting by the Minister of approvals for the purpose of regulations under paragraph (d) and the conditions which he or she may attach to such approvals, including conditions relating to

(I) the financial and administrative arrangements to be made by the association or body corporate concerned,

(II) the relevant activities referred to in paragraph (d) to be carried on by the association or body corporate concerned and the manner in which they are to be carried on,

(III) targets to be achieved by the association or body corporate concerned with respect to the carrying on of those activities by it,

(ii) enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,

(iii) the means by which an association or body corporate shall determine, for the purpose of regulations under paragraph (d) , whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,

(iv) the grant and revocation by an association or body corporate of a certificate for the purpose of regulations under paragraph (d) and the notifications to be given by it in respect of such a grant or revocation to the person concerned and other specified persons,

( f ) the exemption of a producer from all or any of the requirements of regulations under this section (being a producer who is not otherwise so exempted by virtue of regulations under paragraph (d) ) where he or she shows to the satisfaction of the Minister or another person specified for this purpose that he or she has put arrangements in place to ensure that each end-of-life vehicle produced by him or her can be deposited by the registered owner thereof for the purpose of its being the subject of appropriate treatment and recovery in accordance with subsection (2) ,

( g ) any matters consequential on, or incidental to, the foregoing.

(4) A person who fails to comply with a provision of regulations under this section shall be guilty of an offence. ]

Annotations:

Amendments:

F199

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.

Editorial Notes:

E483

Offence under subs. (4) 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.

E484

Offence under subs. (4) prescribed as offence for purposes of s. 34(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).

E485

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.

E486

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).