Waste Management Act 1996

Policy directions by Minister in relation to waste licensing, the movement of waste and other matters.

60

60.(1) The Minister may, whenever he or she thinks proper, give general directions in writing to the Agency or each local authority as to policy in relation to, as appropriate—

(a) the making or review of the hazardous waste management plan or a waste management plan,

(b) the management of waste recovery or disposal activities carried on otherwise than under a waste licence,

(c) the granting of waste licences,

(d) the performance by the Agency or local authority of its functions under this Act with respect to movements of waste,

(e) matters related to matters aforesaid.

(2) In performing its functions under this Act, the Agency or each local authority concerned, as the case may be, shall have regard to any directions given to it by the Minister under this section.

F277[(3) Save as respects the matters referred to in subsection (1)(a) and subject to subsection (3A), subsection (1) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circum~ stances by the Agency or a local authority of a function con~ ferred on it by or under this Act.

(3A) Subsection (3) shall not affect the performance by the Minister of functions transferred (whether before or after the passing of the Minister for the Environment and Local Govern~ ment (Performance of Certain Functions) Act 2002) to him or her from the Minister for Community, Rural and Gaeltacht Affairs by an order under section 6(1) of the Ministers and Sec~retaries (Amendment) Act 1939.]

(4) Whenever the Minister gives a direction under this section, he or she shall—

(a) as soon as may be cause a copy of the direction to be laid before each House of the Oireachtas;

(b) cause a copy of the direction to be transmitted to the Agency or each local authority concerned, as the case may be;

(c) cause to be published in the Iris Oifigiúil a notice of the giving of the direction.

(5) A notice under subsection (4)(c) shall specify where a copy of the direction to which it relates may be obtained and the fee (if any) payable in respect of such a copy (which the Minister is hereby empowered to charge).

Annotations

Amendments:

F277

Substituted and inserted (3.07.2002) by Minister for the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002), s. 3, commenced on enactment.