Waste Management Act 1996

Number 10 of 1996

WASTE MANAGEMENT ACT 1996

REVISED

Updated to 1 September 2023

This Revised Act is an administrative consolidation of the Waste Management Act 1996. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Employment Permits (Amendment) (No. 2) Regulations 2023 (S.I. No. 439 of 2023), made 4 September 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 10 of 1996

WASTE MANAGEMENT ACT 1996

REVISED

Updated to 1 September 2023

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Waste Management Acts 1996 to 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(3)). The Acts in this group are:

• Waste Management Act 1996 (10/1996)

• Waste Management (Amendment) Act 2001 (36/2001), other than s. 14

• Protection of the Environment Act 2003 (27/2003), Part 3

• Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), Part 5

• Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007

• Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008)

• Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008)

• Environment (Miscellaneous Provisions) Act 2011 20/2011), Part 4

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Circular Economy and Miscellaneous Provisions Act 2022 (26/2022)

• Environment (Miscellaneous Provisions) Act 2015 (29/2015)

• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

• Environment (Miscellaneous Provisions) Act 2011 (20/2011)

• Planning and Development (Amendment) Act 2010 (30/2010)

• Fines Act 2010 (8/2010)

• Protection of the Environment Act 2003 (27/2003)

• Minister for the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002)

• Courts and Court Officers Act 2002 (15/2002)

• Local Government Act 2001 (37/2001)

• Waste Management (Amendment) Act 2001 (36/2001)

• Planning and Development Act 2000 (30/2000)

• National Beef Assurance Scheme Act 2000 (2/2000)

• Litter Pollution Act 1997 (12/1997)

All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Circular Economy (Waste Recovery Levy) Regulations 2023 (S.I. No. 406 of 2023)

• Waste Management (Landfill Levy) (Amendment) Regulations 2023 (S.I. No. 398 of 2023)

• Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 (S.I. No. 104 of 2023)

• Waste Management (Collection Permit) (Amendment) Regulations 2023 (S.I. No. 63 of 2023)

• Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2023 (S.I. No. 16 of 2023)

• Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022 (S.I. No. 51 of 2022)

• Separate Collection (Deposit Return Scheme) Regulations 2021 (S.I. No. 599 of 2021)

• European Union (Single Use Plastics) (No. 2) Regulations 2021 (S.I. No. 516 of 2021)

• Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020 (S.I. No. 738 of 2020)

• European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020)

• European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020)

• Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019 (S.I. No. 684 of 2019)

• Waste Management (Facility Permit And Registration) (Amendment) Regulations 2019 (S.I. No. 250 of 2019)

• Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019)

• European Union (Properties of Waste which Render it Hazardous) Regulations 2018 (S.I. No. 383 of 2018)

• Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018)

• Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. No. 599 of 2017)

• Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017)

• Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017)

• Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017)

• Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016)

• Waste Management (Fixed Payment Notice) (Producer Responsibility) Regulations 2016 (S.I. No. 373 of 2016)

• European Union (Waste Directive) (Recovery Operations) Regulations 2016 (S.I. No. 372 of 2016)

• Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016)

• Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016)

• Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. No. 538 of 2015)

• European Union (Properties of Waste which Render it Hazardous) Regulations 2015 (S.I. No. 233 of 2015)

• Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015)

• Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015)

• Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015)

• Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015)

• Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 546 of 2014)

• European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014)

• Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014)

• European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014)

• European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014)

• European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014)

• European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014)

• European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013)

• Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. No. 504 of 2013)

• Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013)

• Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013)

• European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013)

• European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013)

• European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012)

• Waste Management (Landfill Levy) (Amendment) Regulations 2012 (S.I. No. 221 of 2012)

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

• European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011)

• Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011)

• European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011)

• European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011)

• Waste Management (Licensing) (Amendment) Regulations 2010 (S.I. No. 350 of 2010)

• Waste Management (Waste Electical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010)

• Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010)

• Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010)

• Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I. No. 31 of 2010)

• Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010)

• European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010)

• Waste Management (Landfill Levy) Amendment Regulations 2009 (S.I. No. 550 of 2009)

• Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009)

• Waste Management (Landfill Levy) Order 2009 (S.I. No. 496 of 2009)

• European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009)

• European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009)

• Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008)

• Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment)(Amendment) Regulations 2008 (S.I. No. 376 of 2008)

• Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008)

• Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008)

• Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008)

• Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008)

• Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008)

• Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007)

• Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007)

• Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007)

• Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007)

• Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007)

• Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007)

• Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 (S.I. No. 66 of 2007)

• Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007)

• Waste Management (Landfill Levy)(Amendment) Regulations 2006 (S.I. No. 402 of 2006)

• Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006)

• Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006)

• Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005)

• Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005)

• Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005)

• Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004)

• European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004)

• Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004)

• Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004)

• Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003 (S.I. No. 478 of 2003)

• European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003)

• Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003)

• Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002)

• Waste Management (Landfill Levy) Regulations 2002 (S.I. No. 86 of 2002)

• Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001)

• Waste Management (Collection Permit) (Amendment) Regulations 2001 (S.I. No. 540 of 2001)

• Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001)

• Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001)

• Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001)

• Waste Management Act, 1996 (Prescribed Date) Order 2001 (S.I. No. 345 of 2001)

• Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001)

• Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations 2001 (S.I. No. 267 of 2001)

• Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000)

• Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000)

• Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998)

• European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 166 of 1998)

• Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998)

• Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998)

• Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998)

• Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998)

• Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998)

• Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 (S.I. No. 148 of 1998)

• Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998)

• Waste Management (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 146 of 1998)

• Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997)

• Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997)

• Waste Management (Register) Regulations 1997 (S.I. No. 183 of 1997)

• Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997)

• Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997)

• Waste Management Act, 1996 (Commencement) Order 1996 (S.I. No. 192 of 1996)

All statutory instruments up to and including Employment Permits (Amendment) (No. 2) Regulations 2023 (S.I. No. 439 of 2023), made 4 September 2023, were considered in the preparation of this revision.

Number 10 of 1996

WASTE MANAGEMENT ACT 1996

REVISED

Updated to 1 September 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and commencement.
2.	Community acts given effect to by this Act.
3.	Non-application of this Act.
4.	Definitions of “waste”, “hazardous waste”, “disposal”, “recovery”.
5.	Interpretation generally.
6.	Repeals and revocations.
7.	Regulations, orders and directions.
8.	Orders in relation to Third Schedule or Fourth Schedule.
9.	Offences by bodies corporate.
10.	Penalties.
10A.	Fixed payment notice for certain offences relating to producer responsibility.
10B.	Fixed payment notice for certain offences relating to waste collection permit.
10C.	Fixed payment notice for certain offences relating to single use plastic.
11.	Prosecution of offences.
11A.	Presumption in certain prosecutions.
12.	Cost of prosecutions.
13.	Payment of certain fines to local authority, Agency or other persons.
14.	Powers of authorised person.
14A.	Operation of CCTV for certain purposes.
14B.	Operation of mobile recording device by authorised person for certain purposes.
14C.	Codes of practice for purposes of sections 14A and 14B.
14D.	Admissibility of evidence obtained under section 14, 14A or 14B.
15.	Monitoring and inspection.
16.	Service of notices.
17.	Time for the doing of certain things: Saturdays, Sundays, public holidays, etc.
18.	Information.
19.	Register to be maintained by each local authority and the Agency.
20.	Expenses.
21.	Transfer of functions from local authorities to Agency, etc.
21A.	Waste hierarchy.

PART II

Waste Management Planning

22.	Waste management plans.
23.	Publication of notices in relation to waste management plans and procedure on review of such plans.
24.	Power of Minister in relation to waste management plans.
25.	Duty of local authority on making, varying or replacing a waste management plan.
26.	Hazardous waste management plan.

PART III

Measures to Reduce Production, and Promote Recovery, of Waste

27.	Interpretation (Part III).
27A.	Prevention of Waste.
27B.	Waste prevention programmes.
28.	Waste prevention and minimisation.
29.	Measures related to recovery of waste.
30.	Public authority waste management.
31.	Recovery of waste by local authorities.
31A.	Costs.

PART IV

Holding, Collection and Movement of Waste

32.	General duty of a holder of waste.
33.	Collection of waste.
34.	Waste collection permits.
34A.	Review of waste collection permit.
34B.	Transfer of a waste collection permit.
34C.	Information required by authorised persons or nominated authority.
34D.	Fit and proper person.
35.	Presentation of waste for collection.
36.	Regulations in relation to movement of waste.

PART V

Recovery And Disposal Of Waste

37.	Interpretation (Part V).
37A.	Principles of self-sufficiency and proximity.
38.	Waste management facilities.
39.	Requirement to hold waste licence.
39A.	Licensing under this Part and Part IV of Act of 1992.
40.	Grant of waste licences.
41.	Conditions attached to a waste licence.
42.	Application for a waste licence or review of a waste licence.
42A.	Calculation of appropriate period and other time limits over holidays.
42B.	Amendments of waste licence of clerical or technical nature.
43.	Section 42: supplementary provisions.
44.	Conduct of oral hearing and written report thereon.
45.	Regulations regarding waste licences.
46.	Review of waste licences.
47.	Transfer of waste licences.
48.	Surrender of waste licences.
48A.	Revocation or suspension of waste licence in certain circumstances.
49.	Limit on duration of waste licences.
50.	Fees.
51.	Recovery of sludges and agricultural waste.
52.	Discharges to sewers.
53.	Financial provisions regarding waste recovery and disposal.
53A.	Operator of landfill facility to impose charge for disposals.
54.	Application of the Act of 1963 and related regulations.

PART VA

Recovery of End-of-Life Vehicles

53B.	Interpretation and supplemental (Part VA).
53C.	Producer responsibility for free treatment and recovery of end-of-life vehicles.
53D.	Requirement to deposit mechanically propelled vehicle for recovery, etc.
53E.	Regulations for purposes of section 53D, etc.
53F.	Offences for failure to comply with section 53D, etc.

PART VB

Waste Electrical and Electronic Equipment

53G.	Interpretation and supplemental (Part VB).
53H.	Regulations for purposes of promoting, supporting or facilitating the prevention, minimisation, or restriction of hazardous substances in waste.
53I.	Distributor and producer responsibility for the take back, treatment and recovery of waste electrical and electronic equipment.
53J.	Registration.
53K.	Obligation to mark electrical and electronic equipment placed on the market.
53L.	Obligation to provide information to users of electrical and electronic equipment.
53M.	Obligation to provide information to recovery facilities.

PART VI

General Provisions Regarding Environmental Protection

55.	Power of local authority to require measures to be taken in relation to the holding, recovery or disposal of waste.
55A.	Powers under section 55 also exercisable by Agency.
56.	Powers of local authority to take measures to prevent or limit environmental pollution caused by waste.
56A.	Powers under section 56 also exercisable by Agency and clarification of that section.
57.	Powers of High Court in relation to the holding, recovery or disposal of waste.
58.	Remedies for unauthorised holding, recovery or disposal of waste.
59.	Functions of local authorities in regard to waste.

PART VII

Miscellaneous

60.	Policy directions by Minister in relation to waste licensing, the movement of waste and other matters.
61.	Detention and forfeiture of certain vehicles and equipment.
62.	Power to give effect to Community acts. (Repealed)
63.	Agreements between Agency and other public authorities.
64.	Mass balances of specified substances. (Repealed)
65.	Amendment of Act of 1992 and Act of 1987.
66.	Amendment of Local Government (Water Pollution) Act, 1977.
67.	Immunity of the Agency and local authorities.
68.	Adaptation of certain references and transitional provisions.
69.	Transfer of functions in relation to waste licences.
70.	Exclusion of certain enactments relating to public health.
71.	Abandoned vehicles.
72.	Power to impose environmental levy. (Repealed)
73.	Power to impose landfill levy.
73A.	Waste recovery levy.
74.	Environment Fund. (Repealed)
75.	Charges for waste services.
75A.	Powers to make regulations in respect of end-of-waste and by-products processes.
76.	Transitional provisions consequent on Protection of the Environment Act 2003.
76A.	Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.
77.	Transitional and savings provisions consequent on Environment (Miscellaneous Provisions) Act 2015.

FIRST SCHEDULE

Examples of Waste Prevention Measures Referred to in Article 29 of Waste Directive

SECOND SCHEDULE

Properties of Waste which Render it Hazardous

THIRD SCHEDULE

Disposal Operations

FOURTH SCHEDULE

Recovery Operations

FIFTH SCHEDULE

Repeals and Revocations

Part I

Enactments Repealed

Part II

Statutory Instruments Revoked

SIXTH SCHEDULE

Examples of Economic Instruments and other Measures to Provide Incentives For the Application of the Waste Hierarchy referred to in Article 4(3) of the Waste Directive

SEVENTH SCHEDULE

Implementation Plan to be submitted pursuant to Article 11(3) of the Waste Directive

Number 10 of 1996

WASTE MANAGEMENT ACT 1996

REVISED

Updated to 1 September 2023

AN ACT TO MAKE PROVISION IN RELATION TO THE PREVENTION, MANAGEMENT AND CONTROL OF WASTE; TO GIVE EFFECT TO PROVISIONS OF CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE MATTERS; TO AMEND THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992, AND TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [20th May, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note that the name of Minister for and Department of Communications, Energy and Natural Resources was changed to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of 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 Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made 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 Communications, Energy and Natural Resources.

...

Schedule 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.

...

Waste Management Act 1996 (No. 10 of 1996)

...

Application of collectively cited Waste Management Acts 1996 to 2003 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number	Year	Short Title/Citation
...	...	...
		Waste Management Acts 1996 to 2003
...	...	...

Application of Act and authorisations and regulations made under Act restricted (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 9 and 11, in effect as per reg. 1(2).

9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.

...

Review of existing authorisations

11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred to in Article 9, or any Regulation made to give effect to a requirement of the said Acts, a public authority shall as soon as may be practicable, but not later than 22 December 2012 and sooner if required or where directed by the Minister,

(a) examine the terms of every authorisation or revised authorisation to which Article 9 applies and for the time being in force and determine whether, having regard to the requirements of Article 7 of these Regulations, the authorisation or revised authorisation requires to be reviewed for the purposes of compliance with the said Article, and

(b) if the authorisation or revised authorisation requires to be so reviewed complete such a review by the required date, or

(c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case.

(2) A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to ensure compliance with the environmental objectives and quality standards established by these Regulations.

Requirements for granting of certain authorisations under Act specified (27.07.2009) by European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009), reg. 12 and sch. 4.

12. Without prejudice to the generality of Regulation 9 or any requirement arising under the European Communities Environmental Objectives (Surface Water) Regulations 2009, a public authority considering an application for authorisation of a discharge to waters draining to the surface water bodies identified under the First Schedule to these Regulations, under the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 or Regulations made for that purpose under the European Communities Act of 1972 shall, where it is satisfied that the proposed discharge would not contravene Article 6(3) and 6(4) of the Habitats Directive, set down in the authorisation, emission limit values that aim to achieve the ecological quality objectives set out in the Fourth Schedule to these Regulations.

Editorial Notes:

Transitional requirement for license to comply with and be enforced under collectively cited Waste Management Acts provided (31.12.2009) by Waste Management (Management of Waste From the Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009), regs. 7(1)(d), 16(3), in effect as per reg. 1(3).

Enforcement and remedies for non compliance with licences issued under collectively cited Waste Management Acts provided (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008, reg. 3 and sch. 3, in effect as per reg. 1(2).

Revised Acts

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Waste Management Act 1996