Waste Management Act 1996

74

F239 [ Environment Fund.

74. (1) There shall stand established, on the passing of the Waste Management (Amendment) Act 2001, a fund which shall be known, and is in this Act referred to, as the Environment Fund .

(2) Subject to subsection (3) , the Minister shall manage and control the Environment Fund.

(3) The Minister may by regulations delegate the management and control of all or part of the Environment Fund and any other functions under this section related to such management and control to a specified person and functions so delegated shall, accordingly, be performable by that person.

(4) The Environment Fund shall consist of such accounts as the Minister may determine.

(5) The said accounts shall be in such form and be prepared in such manner as the Minister may determine.

(6) As soon as may be after the end of each financial year, the Minister shall submit the accounts of the Environment Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas.

F240 [ (7) Subject to, and in accordance with, regulations under section 53C , F241 [ 72 or 73 ] , there shall be paid into the Environment Fund the amounts specified in those regulations of financial resources or levy collected or recovered thereunder. ]

(8) The Minister may, out of moneys provided by the Oireachtas, pay into the Environment Fund in any financial year, such an amount as he or she determines, with the consent of the Minister for Finance, in relation to that year.

(9) Without prejudice to subsection (12) , the Minister may from time to time pay out of the Environment Fund such amounts of moneys as he or she considers appropriate for any or all of the following purposes, namely

( a ) to assist, support or promote any programmes or schemes established for the prevention or reduction of waste in the State or the establishment of such programmes or schemes,

( b ) to assist the establishment, equipping and, where appropriate, the operation of waste re-use and recycling activities generally, or recovery activities in respect of any specified class of waste,

( c ) to assist, support or promote research and development with respect to any aspect of waste management,

( d ) to assist, support or promote the production, distribution or sale of products of a particular class, being products which possess characteristics (whether characteristics of an inherent nature or related to the process by which they are manufactured) likely to render them less harmful to the environment than other products falling within the same class,

( e ) to assist, support or promote the development of initiatives by producers to prevent or reduce waste arising from activities carried on by them,

( f ) to assist generally the implementation of waste management plans (within the meaning of Part II ) and the hazardous waste management plan,

( g ) to facilitate or assist the enforcement of the provisions of any enactment (including this Act) relating to waste management or the prevention of litter or otherwise relating to the protection of the environment,

( h ) to facilitate or assist projects, commonly known as partnership projects, that involve local authorities and the purpose of which is to improve the quality of the environment in so far as it affects a particular local community or communities,

( i ) to promote awareness of the need generally to protect the environment and, in particular, to assist, support or promote national and regional campaigns the objectives of which are to foster such awareness,

( j ) to promote or support education and training that would facilitate the achievement of the objectives of campaigns as aforesaid,

( k ) to assist the provision of the necessary resources (whether human or material) to enable such education and training to be carried out or facilitate the improvement of any such resources that exist for the time being,

F242 [ ( ka ) to facilitate, assist, support or promote initiatives undertaken by international organisations or other persons outside the State in respect of the protection of the environment or sustainable development or both, ]

( l ) to assist, support or promote initiatives undertaken by community groups, environmental groups or other like persons with respect to the protection of any aspect of the environment, and

( m ) such other purposes with respect to the protection of the environment as may be prescribed.

(10) Any payment of moneys out of the Environment Fund under any of paragraphs (a) to (m) of subsection (9) shall be made to the person or persons who carry on or, as the case may be, carried on the activity the principal purpose of which is, in the opinion of the Minister, the particular purpose in respect of which that payment is made.

(11) Without prejudice to the preceding provisions of this section, no payment shall be made out of the Environment Fund in respect of such activity as may be prescribed if the activity is carried on otherwise than in accordance with such guidelines as may be issued by the Minister for the purpose and the Minister shall cause copies of such guidelines to be laid before each House of the Oireachtas within 3 months after they have been issued.

(12) ( a ) The Minister may from time to time pay out of the Environment Fund such an amount of moneys as he or she determines for the purposes of defraying, in whole or in part, the expenses incurred, on or after the establishment of the Fund, by him or her, or by any person to whom functions are delegated under subsection (3) , in connection with the administration of the Fund.

( b ) Any amount of moneys paid out of the Environment Fund under paragraph (a) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Finance, may determine.

(13) The Minister may establish a committee to advise the Minister with respect to the performance by him or her of the functions under subsection (9) or (11) and a committee so established may advise the Minister accordingly. ]

Annotations:

Amendments:

F239

Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 12, commenced on enactment.

F240

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 51, S.I. No. 393 of 2004.

F241

Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 14(a), S.I. No. 433 of 2011.

F242

Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 14(b), S.I. No. 433 of 2011.

Modifications (not altering text):

C22

Functions transferred and references to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

...

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 10 of 1996

Waste Management Act 1996

Sections 38(6), 72 and 74

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...

...

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Editorial Notes:

E555

The section heading is taken from the amending section in the absence of one included in the amendment.