Waste Management Act 1996

Application of the Act of 1963 and related regulations.

54

54.(1) Where a waste licence is granted under this Act in relation to an activity, and a permission has been granted under Part IV of the Act of 1963 in respect of development comprising or for the purposes of that activity, any conditions attached to that permission shall, in so far as they are for the purposes of the prevention, limitation, elimination, abatement or reduction of environmental pollution, cease to have effect.

(2) The grant of a permission under Part IV of the Act of 1963 in relation to any development comprising or for the purposes of a waste recovery or disposal activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity.

F217[(3) Notwithstanding section 34 of the Planning and Development Act, 2000, or any other provision of that Act, where a waste licence has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 F218[or, substitute consent as defined in section 177T,] of that Act in respect of any development comprising the activity or for the purposes of the activity, subject the permission to conditions which are for the purposes of

(a) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

(3A) Where a waste licence has been granted under this Part or is or will be required in relation to an activity, a planning authority or An Bord Pleanála may, in respect of any development comprising the activity or for the purposes of the activity, decide to refuse a grant of permission under section 34 F219[or refuse a grant of substitute consent] of the Planning and Development Act 2000, where the authority or An Bord Pleanála considers that the development, notwithstanding the licensing of the activity under this Part, is unacceptable F220[on environmental grounds or on the grounds of adverse effects to the integrity of a European site (within the meaning of that Act),] having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

(3B) F221[]

(3C) F221[]

(3D) The Minister may make regulations making such incidental, consequential, or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.

(3E) Without prejudice to the generality of subsection (3D), regulations made under this section may provide for matters of procedure in relation to the request for or the making of observations from or by the Agency under this section and related matters.

(3F) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act.]

(4) Where a permission under F222[section 34 of the Planning and Development Act, 2000] has been granted or an application has been made for such permission in relation to any development comprising or for the purposes of a waste recovery or disposal activity, the carrying on of which requires the grant of a waste licence, the Agency—

(a) F223[may] consult with the planning authority in whose functional area the activity is or will be carried on in relation to any development which—

(i) is necessary to give effect to any conditions to be attached to a waste licence in respect of the activity, and

(ii) the Agency considers is not the subject of a permission or an application for a permission under F222[section 34 of the Planning and Development Act, 2000], and

(b) may attach to the waste licence such conditions related to the development aforesaid as may be specified by the said planning authority for the purposes of the proper planning and development of its functional area, or more stringent conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity.

(5) Works consisting of or incidental to the carrying out of development referred to in subsection (4) (a) F224[that were the subject of consultation in accordance with that provision and in respect of which a condition has been attached to a waste licence in accordance with subsection (4)] and the provision of waste collection receptacles in accordance with regulations under section 29 (4) (o) shall each be exempted development within the meaning, and for the purposes, of F225[the Planning and Development Act, 2000, and a condition attached to a permission under section 34 of that Act] shall not prejudice, affect or restrict in any way the provision of waste collection receptacles as aforesaid.

(6) References in sections 25, 26 and 41 of the Act of 1963 to an activity in relation to which a licence under Part IV of the Act of 1992 is required shall be construed as including references to an activity in relation to which a waste licence under this Act is required.

(7) F226[(a) In exceptional cases, the Minister may, by order, exempt an application for a waste licence, within the meaning of section 40(2A), made by or on behalf of a local authority in its functional area from a requirement to prepare an environmental impact assessment report, where such a report would adversely affect the purpose of the proposed activity.

(b) The Minister, in making an order under this subsection, shall ensure that the objectives of the EIA Directive are met and the Minister shall comply with Article 2(4) of the EIA Directive.]

(c) Without prejudice to paragraph (b), the Minister shall, where he or she considers it necessary to do so for the purpose of F226[paragraph 4] of Article 2 of the aforesaid Directive, specify in an order under this subsection requirements to be complied with by the local authority concerned or, as the case may be, the person who proposes to carry out the development on its behalf in relation to the matters specified in the said paragraph.

(d) The Minister shall cause an order under this subsection to be published F227[on the website of the Department of Communications, Climate Action and Environment and] in the Iris Oifigiúil.

(e) The reference in this subsection to a local authority's functional area is a reference to its functional area in its capacity as a planning authority.

F227[(f) The Minister shall, every 2 years, inform the Commission of the European Union of any orders made under this subsection.]

(8) The Minister may make regulations specifying the time within which an application for a waste licence shall be made relative to an application for a permission under Part IV of the Act of 1963.

Annotations

Amendments:

F217

Substituted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 257(a), S.I. No. 599 of 2001.

F218

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 80(a), S.I. No. 475 of 2011; subject to transitional provision in s. 80A, inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 17(5), in effect as per reg. 1(b).

F219

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 80(b), S.I. No. 475 of 2011; subject to transitional provision in s. 80A, inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 17(5), in effect as per reg. 1(b).

F220

Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 80(b), S.I. No. 475 of 2011; subject to transitional provision in s. 80A, inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 17(5), in effect as per reg. 1(b).

F221

Deleted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 9, in effect as per reg. 1(2).

F222

Substituted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 257(b), S.I. No. 599 of 2001.

F223

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 45(a), S.I. No. 393 of 2004; subject to a saver in s. 59.

F224

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 45(b), S.I. No. 393 of 2004.

F225

Substituted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 257(c), S.I. No. 599 of 2001.

F226

Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 11(a), (b).

F227

Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 11(c), (d).

Editorial Notes:

E500

Previous affecting provision: subs. (3B) amended (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 80(c), S.I. No. 475 of 2011; deleted as per F-note above.