Waste Management Act 1996

Adaptation of certain references and transitional provisions.

68

68. (1) References in any enactment (other than this Act) to a permit under—

( a) the European Communities (Waste) Regulations, 1979,

( b) the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or

( c) the European Communities (Waste Oils) Regulations, 1992,

shall be construed as references to, as appropriate—

(i) such a permit that is for the time being in force by virtue of subsection (6),

(ii) a waste collection permit under Part IV ,

(iii) a waste licence under Part V .

(2) F222 [ ]

(3) The provisions of section 62 of the Act of 1992 shall, in so far as they apply or have effect in relation to a particular landfill facility, cease to have effect upon the grant of a waste licence under section 40 in respect of that facility.

(4) F222 [ ]

(5) Section 102 of the Act of 1992 is hereby amended by—

( a) the insertion in subsection (1), after “ Local Government (Water Pollution) Act, 1977”, of “ or a waste management plan under section 22 of the Waste Management Act, 1996 ”,

( b) the insertion in subsection (2), after “ Local Government (Water Pollution) Act, 1977,”, of “ or sections 22, 23 and 25 of the Waste Management Act, 1996, ”.

(6) ( a) A permit issued under the European Communities (Waste) Regulations, 1979, the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or the European Communities (Waste Oils) Regulations, 1992, being a permit to which this subsection applies, shall, notwithstanding the revocation of the said Regulations by this Act, continue in force in accordance with its terms but shall cease to have effect upon, as the case may be—

(i) the grant to the holder of the permit of, as appropriate—

(I) a waste collection permit referred to in paragraph (b), or

(II) a waste licence referred to in the said paragraph, or

(ii) the making of a decision by the Agency or the local authority concerned to refuse to grant to the said holder such a permit or licence.

( b) This subsection applies to an aforesaid permit if—

(i) the holder thereof has applied before the appropriate date referred to in section 39 (1) for the grant of a waste licence, or, as the case may be, applied before the date referred to in section 34 (1) for a waste collection permit, in respect of the activity to which the first-mentioned permit relates, and

(ii) the said application is made in accordance with the requirements of regulations under this Act F223 [ and has not been withdrawn by the applicant ].

F224 [ ( c ) A permit which is continued in force by virtue of this subsection shall not cease to have effect solely by reason of the expiry of the period in relation to which the permit was granted and paragraph (a) shall be construed accordingly. ]

F225 [ (7) A reference in subsection (1) or (6) to a waste licence shall be construed as including a reference to a waste permit or such other authorisation or certificate as may be prescribed under section 39(4) . ]

Annotations:

Amendments:

F222

Repealed (1.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.

F223

Inserted (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 5(a).

F224

Inserted (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 5(b).

F225

Inserted (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 5(c).