C25

Application of subs. (1) restricted (26.09.2008) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 44(1) and (2), in effect as per reg. 44(1).

Non-application of section 39(1) of the Act

44. (1) Without prejudice to regulation 21(1)(b)(ii), on and from 26 September 2008, section 39(1) of the Act shall not apply in respect of the temporary storage of waste batteries at a—

(a) place where batteries are distributed, or a facility used by a distributor for the storage of batteries prior to their distribution, and where the quantities of waste batteries being stored at any one time does not exceed—

(i) 2,500 kg of waste batteries other than waste specified in paragraph (ii) or, as appropriate,

(ii) 250 kg of waste portable batteries provided they were accepted free of charge in accordance with the provisions of regulation 21, are managed in accordance with the provisions of regulation 22, and that such a place is registered and inspected or exempted from registration in accordance with the provisions of regulation 42,

(b) workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of regulation 25(c)(i)(A) and where the quantities being stored at any one time does not exceed 250 kg of waste portable batteries, or

(c) place owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, designated as a collection point by a local authority in accordance with the provisions of regulation 25(c)(i)(B) and where the quantities being stored at any one time does not exceed—

(i) 500 kg of waste batteries, other than waste specified in paragraph (ii) or, as appropriate,

(ii) 50 kg of waste portable batteries.

(2) The exemptions provided for in sub-regulation(1) shall not apply—

(a) to contaminated waste batteries that presents a health and safety risk, and

(b) unless the waste batteries will be eventually—

(i) treated at an appropriate facility in accordance with the requirements set out in Part A, and

(ii) recycled at an appropriate facility in accordance with the requirements set out in Part B of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.

C26

Application of subs. (1) restricted (29.03.2014) by European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014), reg. 42, in effect as per reg. 45; subject to limitation as provided in reg. 4.

Non-application of section 39(1) of the Act

42. (1) Without prejudice to regulation 14(1)(b), section 39(1) of the Act of 1996 shall not apply in respect of the temporary storage of waste electrical and electronic equipment at a place—

(a) where electrical and electronic equipment is distributed, or a facility used by a distributor for the storage of electrical and electronic equipment prior to its distribution, and where the quantities of waste electrical and electronic equipment being stored at any one time does not exceed—

(i)45 cubic metres of household waste electrical and electronic equipment, other than waste specified in paragraphs (ii) and (iii),

(ii)1,000 units of waste electrical and electronic equipment listed in category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations or,

(iii)25 kgs of mobile phones.

provided it is managed in accordance with the provisions of regulation 15, and that such a place is registered and inspected in accordance with the provisions of regulation 40, or

(b) owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number and where the quantities being stored at any one time does not exceed—

(i)90 cubic metres of household waste electrical and electronic equipment other than waste electrical and electronic equipment listed in category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations and waste specified in paragraph (ii),

(ii)50 kgs of mobile phones,

(2) The exemptions provided for in sub-regulation (1) shall not apply—

(a) to contaminated waste electrical and electronic equipment that presents a health and safety risk,

(b) unless storage of the waste electrical and electronic equipment is in accordance with the technical requirements as set out in Schedule 8,

(c) unless the waste electrical and electronic equipment will be prepared for re-use or eventually treated at an authorised facility in accordance with the technical requirements as set out in Schedule 9.

(3) Waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles, may be accepted and stored at a collection point pending onward transport to an authorised facility, or a temporary facility established with the approval of, or designated by, the appropriate local authority, to which members of the public have access for the deposit of waste electrical and electronic equipment from private households, where—

(a) the quantities of waste electrical and electronic equipment being stored at any one time do not exceed—

(i)540 cubic metres of waste electrical and electronic equipment from private households, other than waste specified in paragraphs (ii) and (iii).

(ii)12,000 units of waste electrical and electronic equipment listed in Category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations or, as appropriate,

(iii)300 kgs of mobile phones, and

(b) the waste electrical and electronic equipment shall be stored for a period not exceeding 30 days.

(4) Sub-regulation 3 shall only apply where—

(a) the restrictions imposed on the sources, maximum quantities and duration of storage of waste electrical and electronic equipment from private households are not exceeded at any time, and a—

(i) licensed or, as appropriate, authorised facility has notified the Agency or, as appropriate, the relevant local authority of its intentions to accept waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles and has received written approval from the Agency or, as appropriate, the relevant local authority to this request, or

(ii) registration certificate has been granted under sub- regulation 5 by the Agency or, as appropriate, the relevant local authority in relation to the reception of waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles at the facility, and

(b) the activity is being carried on in accordance with the technical requirements specified in Schedule 8 and the rules specified in—

(i) Part I of the Fourth Schedule of the Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007) as amended by the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No 86 of 2008) subject to any amendment that may be made to those regulations from time to time, and

(ii) Schedule 15 of these Regulations

and complies with the general requirements laid down in Article 10 of Directive 2008/98/EC.

(5)(a) A person may accept and store waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i), at a collection point through deliveries by commercial vehicles pending onward transport to an authorised facility, where a registration certificate has been granted in lieu of a waste permit in relation to the carrying on of the said activity at that facility.

(b) The Agency or, as appropriate, a local authority may, on application being made to it in accordance with these Regulations, grant a registration certificate (with or without conditions) or refuse to grant such a certificate, in relation to the carrying on at a facility of the said activity.

(c) An application for a registration certificate shall be made—

(i) in the case of an activity carried on by, or on behalf of, a local authority, to the Agency,

(ii) in the case of an activity carried on by a person other than a local authority, to a local authority in whose functional area the relevant facility is located.

(d) An application for a registration certificate must be made in writing and shall contain the information specified in Schedule 16, where appropriate.

(e) A fee of €300 shall accompany an application for a registration certificate.

(f) A local authority or, as appropriate, the Agency shall decide on an application for a registration certificate within four weeks from the date of submission of a valid application.

(g) Notwithstanding paragraph (f), where an applicant demonstrates that he or she has applied for a registration certificate to the Agency or, as appropriate, the relevant local authority in respect of a collection point prior to 13 February 2006, such a collection point shall, in the period before a registration certificate is granted or refused, be deemed to be registered in accordance with the terms of paragraph (a).

C27

Application of subs. (1) restricted (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), art. 6(1), in effect as per art. 2.

Non-application of section 39(1) of the Act

6. (1) Section 39(1) of the Act shall not apply in respect of the carrying on by a person of a waste recovery or disposal activity specified in Parts I or II of the third schedule of the Regulations if and for so long as the person carrying on the activity complies with the conditions specified in sub-article (2).

(2) The conditions specified for the purposes of sub-article (1) are that—

(a) in the case of an activity of a class specified in Part I of the third schedule, where—

(i) the activity is being carried on in a manner which does not cause, and is not likely to cause, environmental pollution,

(ii) there is in force in relation to the carrying on of the activity a waste facility permit granted by the local authority in whose functional area the facility is located, and

(iii) the activity is being carried on in accordance with the conditions attached to the aforementioned waste facility permit; and

(b) in the case of an activity relating to household waste of a class specified in Part II of the third schedule, where the—

(i) waste arises within the curtilage of the domestic dwelling, and

(ii) activity is carried out within the curtilage of the domestic dwelling, and

(iii) local authority in whose functional area the dwelling is situated or, as the case may be, the Agency considers, in its reasonable opinion, that the activity forms part of normal domestic activity, and

(iv) activity is carried out in accordance with all relevant legislative requirements; and

(c) in the case of an activity, other than covered in sub-article (b), of a class specified in Part II of the third schedule, where—

(i) there is in force in relation to the carrying on of the activity a certificate of registration granted by the Agency or, as the case may be, the local authority in whose functional area the facility is located, and

(ii) the activity—

(A) is being carried on in accordance with the rules specified in the fourth schedule, and

(B) complies with [requirements or articles 1, 4 and 13 of the Waste Directive].

(3) Notwithstanding sub-article (2), where a type or quantity of waste material has been deposited for the purposes of the improvement or development of land which has not been specifically authorised through—

(a) a waste licence granted under the Waste Management (Licencing) Regulations 2004 ⁵⁰ , as may be amended from time to time, [or]

(b) a waste facility permit granted in relation to classes of activity 5 or 6 of Part I of the third schedule, or

(c) a certificate of registration granted in relation to classes of activity 5 or 6 Part II of the third schedule, or

(d) the requirements of a planning permission granted in accordance with Part II of the Planning and Development Act 2000 ⁵¹ ,

the activity shall be regarded as an unauthorised landfill facility for the purposes of the Waste Management (Landfill Levy) (Amendment) Regulations, 2006 ⁵² .

C28

Application of subs. (1) restricted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(3) and (4), commenced on enactment, for a period specified by the Environmental Protection Agency.

Relationship between Act of 1996 and Environmental Protection Agency Act, 1992, with regard to certain activities.

13.— ...

(3) Where, immediately before the passing of this Act, a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 (“the Act of 1992”) is in force in respect of an activity, being an activity which, immediately before that passing—

(a) fell within paragraph 11.1, 11.2, 11.3 or 11.4 of the First Schedule to the Act of 1992, and

(b) was not connected or associated with another activity specified in any other paragraph of that Schedule,

then, notwithstanding subsections (1) and (2) of this section but subject to subsection (4) thereof—

(i) that licence or revised licence shall continue in force and the provisions of the Act of 1992 (apart from the amendment of them effected by the said subsection (1)) shall continue to apply in relation to it, and

(ii) section 39(1) of the Act of 1996 shall not apply in relation to that activity,

for such period as the Environmental Protection Agency may determine and specifies in writing.

(4) The period determined under subsection (3) of this section shall not, other than with the consent of the holder of the licence concerned, be less than 3 years from the passing of this Act.