Waste Management Act 1996

Requirement to hold waste licence.

39

39.(1) Subject to subsections (4) and (7), a person shall not dispose of or undertake the recovery of waste F134[(including the treatment of waste)] at a facility, on or after such date as may be prescribed, save under and in accordance with a licence under this Part (in this Act referred to as a “waste licence”) that is in force in relation to the carrying on of the activity concerned at that facility.

(2) For the purpose of subsection (1), different dates may be prescribed in respect of different waste disposal or recovery activities, different classes of facility and different classes of waste.

(3) The recovery or disposal of waste shall, in the period before a waste licence in relation to such recovery or disposal is granted or refused, be deemed not to have contravened the provisions of this Part if, before the date prescribed under subsection (1) in respect of the activity concerned—

(a) an application has been made for a waste licence in respect of that activity and the requirements of regulations under sections 45 and 50 in relation to the application for a waste licence have been complied with by the applicant therefor, and

(b) in the case of a disposal of waste, other than one carried out by a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, it is carried out in accordance with a permit issued under the European Communities (Waste) Regulations, 1979, F135[] the European Communities (Toxic and Dangerous Waste) Regulations, 1982, F136[or the European Communities (Waste Oils) Regulations, 1992,] as appropriate.

F137[(4) The Minister may by regulations provide that subsection (1) shall not apply in respect of the recovery or disposal in a specified manner of a specified class or classes of waste F138[including a class or classes of household waste], if and for so long as the person carrying out the recovery or disposal of the waste, as the case may be, complies with specified conditions in relation to the carrying out of such recovery or disposal.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions in relation to the following matters

(a) the quantity of waste concerned which may be recovered or disposed of in a particular period,

F139[(aa) the nature or quantity of the waste, who delivers it for disposal or recovery or whether it is segregated,

(ab) a specified class or classes of facility where waste shall be delivered for disposal or recovery,

(ac) a specified class or classes of activity that shall be carried out at a place where waste shall be delivered for disposal or recovery,]

(b) the use of the best available techniques to prevent or eliminate or, where that is not practicable, to limit, abate or reduce, an emission from the recovery or disposal activity concerned,

(c) a requirement that the person concerned obtain from a local authority or the Agency a waste permit or such other authorisation or certificate as may be prescribed in respect of the carrying on by him or her of the activity concerned,

(d) the specification of controls to be exercised or measures to be taken by a local authority or the Agency in relation to the carrying on of an activity in respect of which such a permit, authorisation or certificate is required (which controls and measures a local authority or the Agency is hereby empowered to exercise or take, as the case may be),

(e) a requirement regarding the payment to a local authority or the Agency of a fee of a specified amount in respect of an application for such a permit, authorisation or certificate, or of such charges as are necessary to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the local authority or the Agency in relation to such application,

(f) where a question arises as to whether or not a particular waste recovery or disposal activity falls within regulations under subsection (4), enabling the Agency to determine that question and providing that that determination of the Agency shall be final,

(g) such other matters as the Minister considers are appropriate to ensure that the recovery or disposal activity concerned will not cause environmental F140[pollution,]]

F141[(h) specifying conditions in relation to such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purpose of this subsection, subsection (5A), (5B) or (5C).]

F142[(5A) Without prejudice to the generality of subsection (4), regulations under that subsection providing for an exemption from waste licensing requirements, in relation to the disposal of non-hazardous waste at the place of production or in relation to the recovery of waste, through a process of certification shall ensure compliance with

(a) general rules

(i) ensuring that environmental pollution is not caused by the disposal or recovery activity,

(ii) specifying the types and quantities of waste covered by an exemption in relation to the carrying out of each type of such recovery or disposal activity,

(iii) specifying the method of treatment to be used,

(iv) ensuring that disposal operations should consider best available techniques,

and

(b) specific conditions for exemptions relating to hazardous waste specifying

(i) the types of activity,

(ii) any other necessary requirements for carrying out the different forms of recovery,

(iii) where relevant, the limit values for the content of hazardous substances in the waste as well as emission limit values.]

F143[(5B) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c) specifying requirements in relation to

(a) the weighing of household waste accepted by a facility,

(b) reporting, to specified persons, the weight of household waste accepted by a facility,

(c) subject to subsection (5C), charging of fees for acceptance of household waste, and services for its recovery or treatment,

(d) in relation to the acceptance of household waste, preparing and publishing a customer charter and its form and content,

(e) providing separate receptacles for different household waste or classes of household waste,

(f) providing to a local authority or nominated authority under section 34(1)(aa)(ii)

(i) details of persons with regard to the deposition of separate collection of household waste,

(ii) details of persons who choose not to partake in the deposition of separate collection of household waste,

(iii) details of when household waste was last deposited, and

(iv) written confirmation of the structure of the fees being charged to persons depositing the household waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the deposition of household waste,

(g) as respects contamination that may be caused by the incorrect segregation of household waste in receptacles for segregated household waste:

(i) monitoring by a holder of levels of contamination;

(ii) recording and maintaining specified data on levels of contamination;

(iii) training to be provided for staff of a holder in relation to monitoring contamination;

(iv) protocols and procedures in the event that such contamination is detected by the holder, including informing the person who delivers the household waste to the facility being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their waste (person who delivers household waste) or refusing to accept the waste,

and

(h) where a weighing system is used to determine weight-based collection charges, the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste permit or such other authorisation of certificate referred to in subsection (5)(c).

(5C) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations under subsection (4), specify a condition to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c), specifying a requirement that the holder of such waste permit or such other authorisation of certificate (holder) shall charge fees for accepting household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the holders facility by the person who delivers household waste.

(b) Regulations under paragraph (a) shall provide for the means by which fees for accepting waste shall be calculated by a holder and shall

(i) require a holder to charge a fee for each kilogramme of household waste accepted by the holder,

(ii) prohibit a holder from charging any form of fee other than that referred to at subparagraph (i), and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted, and

(iii) require a holder to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.

(c) (i) For the purposes of paragraph (b)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder from the person who delivers household waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.

(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).

(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.]

(6) The Minister may by regulations—

(a) require the producer of a specified class or classes of waste, other than household waste, to—

(i) comply with specified conditions in relation to the treatment or temporary storage by him or her of the waste at the premises where it is produced, including the obtaining of the prior written consent of the relevant local authority to such treatment or storage,

(ii) make a plan with respect to the taking of such measures, in the event of an incident occurring that involves the loss or release of the waste, as will prevent or minimise the risk of environmental pollution therefrom,

(iii) effect and maintain a policy of insurance insuring him or her to a specified extent as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the production or holding of the waste,

(b) enable a local authority to attach specified conditions to a consent granted by it pursuant to regulations under paragraph (a) (i) and to revoke such a consent where any of the conditions so attached are not complied with,

(c) specify a maximum period for which the waste may be stored as aforesaid and deem storage of the waste beyond that period to be a disposal or recovery, as appropriate, F144[of the waste,]

F145[(d) prohibit, or limit to a specified extent, the recovery or disposal of a specified class or classes of waste in a specified manner or in a specified class or classes of facility.]

(7) F146[Subsection (1)] shall not apply in respect of—

F147[(a) the recovery or disposal of waste at a facility referred to in F148[paragraph 7.7.1, 7.7.2 or 11.1] of the First Schedule to the Act of 1992,]

(b) household waste produced and disposed of within the curtilage of the same dwelling,

(c) the deposit of litter in a litter bin,

(d) F149[],

(e) the transfer of waste to a local authority, the corporation of a borough that is not a county borough, the council of an urban district or any other person for the purpose of its being recovered or disposed of in accordance with this Act or a licence or revised licence under Part IV of the Act of 1992, F150[and]

(f) F151[]

(g) such other activities as may be prescribed.

(8) The Minister may make regulations amending the First Schedule to the Act of 1992 by the addition thereto, subject to such modifications, if any, as he or she may determine and specifies in the regulations, of any of the activities specified in the Third Schedule or the Fourth Schedule.

(9) A person who contravenes subsection (1) or a provision of regulations under subsection (4) or (6) shall be guilty of an offence.

Annotations

Amendments:

F134

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg 19(a).

F135

Deleted (19.05.1998) by European Communities (Amendment of Waste Management Act, 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 4(a).

F136

Inserted (19.05.1998) by European Communities (Amendment of Waste Management Act, 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 4(b).

F137

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 33(a), S.I. No. 393 of 2004.

F138

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(a), S.I. No. 358 of 2015.

F139

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(b)(i), S.I. No. 358 of 2015.

F140

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(b)(ii), S.I. No. 358 of 2015.

F141

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(b)(iii), S.I. No. 358 of 2015.

F142

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 19(b).

F143

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(c), S.I. No. 358 of 2015.

F144

Substituted (17.07.2017) by Waste Management (Amendment) Act 2001 (36/2001), s. 8(a), commenced on enactment.

F145

Inserted (17.07.2017) by Waste Management (Amendment) Act 2001 (36/2001), s. 8(b), commenced on enactment.

F146

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 19(c)(i).

F147

Inserted (17.07.2017) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(2), commenced on enactment.

F148

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 33(b), S.I. No. 393 of 2004.

F149

Deleted (19.05.1998) by European Communities (Amendment of Waste Management Act, 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 4(e).

F150

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 19(c)(ii).

F151

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 19(c)(iii).

Modifications (not altering text):

C17

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.

C18

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).

C19

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 .

C20

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.

Editorial Notes:

E399

Power pursuant to section exercised (9.02.2022) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022 (S.I. No. 51 of 2022).

E400

Power pursuant to section exercised (30.12.2020) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020 (S.I. No. 738 of 2020).

E401

Power pursuant to section exercised (20.12.2019) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019 (S.I. No. 684 of 2019).

E402

Power pursuant to section exercised (11.09.2019) by Waste Management (Facility Permit And Registration) (Amendment) Regulations 2019 (S.I. No. 250 of 2019), in effect as per reg. 1(2).

E403

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.

E404

Power pursuant to section exercised (19.12.2017) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. No. 599 of 2017).

E405

Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).

E406

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).

E407

Power pursuant to section exercised (24.11.2015) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. No. 538 of 2015).

E408

Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).

E409

Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).

E410

Power pursuant to section exercised (25.11.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 546 of 2014).

E411

Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).

E412

Power pursuant to section exercised (18.12.2013) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. No. 504 of 2013).

E413

Contravention under subs. (1) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(c).

E414

Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).

E415

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).

E416

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).

E417

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.

E418

Offence under subs. (9) prescribed as offence 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.

E419

Offence under subs. (9) prescribed as offence 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).

E420

Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).

E421

Power pursuant to section exercised (30.12.2004) by Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004), in effect as per reg. 1(2).

E422

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).

E423

Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.

E424

Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).

E425

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.

E426

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.

E427

Previous affecting provision: application of subs. (1) restricted (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 42, in effect as per reg. 45; revoked (29.03.2014) by European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014), reg. 46, in effect as per reg. 45.

E428

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.

E429

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 (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E430

Previous affecting provision: application of subs. (1) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 44, in effect as per reg. 44(1); subject to limitation as provided in reg. 4; 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 (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E431

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 (21.06.2014) by European Union (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).

E432

Previous affecting provision: power pursuant to section exercised and application of subs. (1) restricted (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).

E433

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).

E434

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.

E435

Previous affecting provision: application of subs. (1) restricted (13.08.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), reg. 39, in effect as per regulation; 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.

E436

Previous affecting provision: contravention under subs. (1) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(c), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).

E437

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).

E438

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).

E439

Previous affecting provision: application of subs. (1) restricted (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), reg. 4, 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), reg. 3(1) and sch. 1, in effect as per reg. 2, subject to transitional provisions in reg. 3(2), (3), and (4).

E440

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), reg. 3(1) and sch. 1, in effect as per reg. 2; subject to transitional provisions in reg. 3(2), (3), and (4).

E441

Previous affecting provision: subs. (4) substituted (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. S.I. No. 166 of 1998), reg. 4(c); substituted as per F-note above.

E442

Previous affecting provision: subs. (5) amended (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. S.I. No. 166 of 1998), reg. 4(d); substituted as per F-note above.

E443

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.

E444

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.