Waste Management Act 1996
Information.
18.—(1) The Minister, a local authority or the Agency may, for any purpose relating to his or her or its functions under this Act, by the service of a notice in writing on the person, require—
(a) any holder of waste, or
(b) any person, engaged in the importation, exportation, production, collection, recovery or disposal of waste, or any related or ancillary activity, or
(c) any person acting as a waste broker or dealer, or
(d) the occupier or person in charge of any waste facility,
to maintain such records and to furnish in writing to the Minister, local authority or Agency, as the case may be, within such period (being not less than 14 days after the date of the service of the notice) and, if appropriate, thereafter at such frequency as may be specified in the notice, such particulars, as to—
(i) any activity or process as aforesaid or any facility concerned,
(ii) provision proposed to be made or made or measures taken for the importation, exportation, collection, recovery or disposal of any waste concerned,
(iii) the origin, type, quantity, nature, composition and properties of waste concerned, or
(iv) any other related or ancillary matter,
as may be so specified.
(2) A person who fails to comply with a notice under this section or who furnishes any information in reply to such a notice which he or she knows to be false or misleading in a material respect shall be guilty of an offence.
(3) The Minister shall make regulations requiring—
(a) a specified class or classes of person carrying on a specified class or classes of waste recovery or disposal activity, or
(b) a specified class or classes of holder or producer of a specified class or classes of waste,
to maintain specified records for a specified period or periods, and to provide or make available specified information, including evidence of specified matters, to a local authority, the Agency or any other specified person, at such frequency, under such circumstances and in such manner as may be specified.
(4) Information obtained under this section by a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or the Agency so requests, be furnished to the Minister or the Agency, as the case may be.
(5) Each local authority and the Agency shall compile or otherwise obtain, and furnish to the Minister, such statistics or other information relating to any aspect of waste production and management, at such frequency, as may be specified in writing by the Minister.
(6) Where the Agency or a local authority brings proceedings against a person in respect of an offence under this Act, and the person is convicted of that offence, the Agency or the local authority, as the case may be, shall, as soon as may be after the conviction of the person, inform each local authority or, as the case may be, each other local authority and the Agency of the fact that the person has been so convicted, giving such details, as it thinks appropriate, of the nature of the offence.
(7) Where the Agency grants, effects the transfer or accepts the surrender of a waste licence, it shall (unless the holder of the licence or the transferee thereof is a local authority) within a period of 21 days thereafter inform the local authority in whose functional area the activity, the subject matter of the licence concerned, will be, or (as the case may be) is or has been, carried on, of that fact.
(8) A person who contravenes a provision of regulations under subsection (3) shall be guilty of an offence.
Annotations
Editorial Notes:
E157
Power pursuant to subs. (3) exercised (1.09.2024) by Waste Management (Landfill Levy) (Amendment) Regulations 2024 (S.I. No. 442 of 2024), in effect as per reg. 1(2).
E158
Power pursuant to section exercised (1.07.2024) by Waste Management (Food Waste) (Amendment) Regulations 2024 (S.I. No. 294 of 2024), in effect as per reg. 2(2).
E159
Power pursuant to subs. (3) exercised (1.09.2023) by Waste Management (Landfill Levy) (Amendment) Regulations 2023 (S.I. No. 398 of 2023), in effect as per reg. 1(2).
E160
Power pursuant to section exercised (7.03.2023) by Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 (S.I. No. 104 of 2023).
E161
Power pursuant to subs. (3) exercised (12.04.2019) by Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019).
E162
Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.
E163
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E164
Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).
E165
Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).
E166
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E167
Power pursuant to subs. (3) exercised (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), in effect as per reg. 2.
E168
Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).
E169
Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).
E170
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E171
Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).
E172
Power pursuant to subs. (3) exercised (1.07.2013) by Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013), in effect as per reg. 2.
E173
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E174
Power pursuant to section exercised (27.07.2009) by Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009 (S.I. No. 286 of 2009).
E175
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).
E176
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).
E177
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.
E178
Offences under subss. (2) and (8) prescribed as offences 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.
E179
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).
E180
Offences under subss. (2) and (8) prescribed as offences 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).
E181
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E182
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E183
Power pursuant to section exercised (1.05.2000) by Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000), in effect as per reg. 1(2).
E184
Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).
E185
Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.
E186
Previous affecting provision; power pursuant to section exercised (14.02.2023) by Waste Management (Collection Permit) (Amendment) Regulations 2023 (S.I. No. 63 of 2023); revoked (7.03.2023) by Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 (S.I. No. 104 of 2023), reg. 8(1).
E187
Previous affecting provision: power pursuant to subs. (3) exercised (1.07.2013) by Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.
E188
Previous affecting provision: power pursuant to subs. (3) exercised (1.07.2012) by Waste Management (Landfill Levy) (Amendment) Regulations 2012 (S.I. No. 221 of 2012), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.
E189
Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E190
Previous affecting provision: pursuant to subs. (3) exercised (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), in effect as per reg. 2; revoked (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).
E191
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.
E192
Previous affecting provision: power pursuant to section exercised (1.02.2010) by Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I. No. 31 of 2010), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.
E193
Previous affecting provision: power pursuant to section exercised (31.12.2009) by Waste Management (Landfill Levy) Amendment Regulations 2009 (S.I. No. 550 of 2009), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.
E194
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E195
Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E196
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).
E197
Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (1.10.2017) by Waste Management (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).
E198
Previous affecting provision: pursuant to section exercised (28.07.2006) by Waste Management (Landfill Levy)(Amendment) Regulations 2006 (S.I. No. 402 of 2006); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.
E199
Previous affecting provision: pursuant to section exercised (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), in effect as per reg. 2; revoked (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).
E200
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).
E201
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
E202
Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E203
Previous affecting provision: pursuant to section exercised (13.03.2002) by Waste Management (Landfill Levy) Regulations 2002 (S.I. No. 86 of 2002); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.
E204
Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art. 2(1) and sch. 1, in effect as per art. 1(2); subject to transitional provision in art. 2(2).
E205
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E206
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), art. 3(1) and sch. 1, in effect as per art. 2; subject to transitional provisions in art. 3(2), (3), and (4).
E207
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998), in effect as per reg. 1(2); revoked (31.12.2011) by European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 (S.I. No. 324 of 2011), reg. 19(2), in effect as per reg. 19(2).
E208
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E209
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.