37. Section 34 of the Act of 1996 is amended by—

(a) in subsection (1) —

(i) in paragraph (a), the substitution of “collect or transport waste” for “collect waste”,

(ii) in paragraph (aa), the substitution of “the functions under this section or section 34A in relation to waste collection permits or review of waste collection permits” for “the functions under this section in relation to waste collection permits”, and

(iii) in paragraph (b) —

(I) the substitution of “collection or transport of waste” for “collection of any class or classes of waste”, and

(II) the substitution of “collection or transport” for “collection” in the next 2 places where it occurs,

(b) the insertion of the following subsection after subsection (1):

“(1A) In this section—

‘waste’ means different waste, including household waste, or a class or classes of waste as may be prescribed;

‘household waste’ means different household waste or a class or classes of household waste as may be prescribed.”,

(c) in subsection (2)(a), the substitution of “collection or transport of hazardous waste” for “collection of hazardous waste”,

(d) the substitution of the following subsection for subsection (4):

“(4) A local authority shall not grant a waste collection permit unless it is satisfied that—

(a) the applicant is a fit and proper person within the meaning of section 34D to hold a waste collection permit, and

(b) the activity concerned would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and the implementation of that plan.”,

(e) in subsection (5)(a) —

(i) the substitution of “(3) and (4) ” for “(3), (4) and (6) ”, and

(ii) the insertion of “under section 34A” after “may be revoked”,

(f) the deletion of subsection (6),

(g) the substitution of the following subsection for subsection (7):

“(7) (a) Conditions attached to a waste collection permit shall specify the requirements to be complied with by the holder of the permit (‘permit holder’) in respect of the activities to which the permit relates (‘activities concerned’).

(b) Conditions may, or, if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) weighing of household waste collected or transported;

(ii) reporting of the weight of household waste collected or transported to the person who presents the household waste for collection 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 collection of their waste (‘person who presents household waste for collection’);

(iii) subject to paragraph (f)(i) and (ii), charging of fees for household waste collection or transport services;

(iv) in relation to collection of household waste, preparing and publishing a customer charter and its form and content;

(v) providing information to the person who presents household waste for collection that identifies the vehicle used for that collection;

(vi) requiring that waste is segregated before it can be collected or transported;

(vii) providing separate receptacles for different household waste;

(viii) collection or transport of different household waste at specified frequencies;

(ix) with regard to persons from whom household waste is collected by an authorised waste collector, providing the following information to the local authority, when requested to do so under section 18, regarding collections of household waste from those persons—

(I) details of the collection of separate classes of household waste,

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

(III) details of when household waste was last collected, and

(IV) written confirmation of the structure of the fees being charged to the person from whom the waste is collected, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection of household waste.

(c) Conditions may, or if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall also be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) waste which may be collected;

(ii) separate collection of waste;

(iii) prohibition of certain practices by a permit holder in order that waste which has been segregated prior to collection or transport does not become unsuitable for recycling or recovery;

(iv) the place to which waste is required to be delivered for preparation for reuse, recovery or disposal;

(v) methods, receptacles (including skips and skip bags) and vehicles to be employed by a permit holder in the collection or transport of waste, including requirements regarding dimensions of receptacles, care and disposal of the contents of the receptacles, the periods during which receptacles may be left in a public place, the locations from which different receptacles may be collected, the supervision by the permit holder of their use and the restriction to such persons as may be prescribed of the placing in or removal from any place of receptacles;

(vi) the display of identifying marks or colours on a receptacle or vehicle referred to in subparagraph (v);

(vii) complying with technical, environmental, inspection or safety measures or standards (including standards regarding the presentation, segregation, weighing, packaging or labelling of waste);

(viii) keeping and preserving of records and supplying information to the local authority, or any other person as may be prescribed, in relation to the activities concerned;

(ix) effecting and maintaining a policy of insurance insuring the permit holder as respects any liability on his or her part to pay damages or costs on account of injury to a person or property arising from the activities concerned;

(x) matters consequent on measures that may be taken under section 35;

(xi) matters consequent on measures that may be taken under Part II;

(xii) matters consequent on giving effect to Community Acts;

(xiii) information to be furnished to customers (including providing information to customers on the presentation, segregation, packaging or labelling of waste or the charges payable for its collection or transport);

(xiv) matters consequent on the implementation and demonstration of the implementation of the waste hierarchy referred to in section 21A;

(xv) undergoing specified training in relation to the activities concerned;

(xvi) inspecting and acceptance of waste by a permit holder;

(xvii) effecting and maintaining an environmental management system, within the meaning of section 27, in respect of the activities concerned;

(xviii) the hours between which waste concerned may be collected in specified areas;

(xix) effecting and maintaining a customer complaint management system;

(xx) preventing the occurrence of littering from vehicles in the course of the activities concerned;

(xxi) having information, in such form as may be specified in a waste collection permit, to accompany and be carried in the vehicle transporting the waste;

(xxii) as respects contamination that may be caused by the incorrect separation of household waste from other waste in receptacles for segregated household waste—

(I) monitoring by a permit holder of levels of contamination,

(II) recording and maintaining specified data on levels of contamination,

(III) training to be provided for staff of a permit holder in relation to monitoring contamination, or

(IV) protocols and procedures where contamination is detected by the collector, including for informing the person who presents household waste for collection or non-collection of the receptacle.

(d) Conditions shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) collection only of a European Waste Catalogue waste type specified on the waste collection permit;

(ii) deposit of waste only at a facility specified on the waste collection permit;

(iii) use only of a vehicle specified on the waste collection permit for the collection of waste;

(iv) carrying of a copy, in a form specified in the permit, of the waste collection permit on each vehicle;

(v) display of the permit holder name or number on promotional material, vehicles, skips, receptacles or bags of the permit holder;

(vi) submission of specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit;

(vii) where a weighing system is used to determine weight-based collection charges, 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 collection permit.

(e) 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 or by the current or previous waste holders, shall make regulations prescribing a requirement for attachment of a condition to a waste collection permit that a permit holder shall charge fees for the collection or transport of household waste.

(f) Regulations under paragraph (e) shall provide for the means by which fees for collection or transport of household waste shall be calculated by a permit holder and shall require a permit holder to—

(i) charge a fee for each kilogramme of household waste collected or transported which fee shall only be calculated by reference to weight of household waste collected and transported, and for the avoidance of doubt, methods of calculation of a fee based on pay by lift or throw, tags or a flat-rate shall not be considered to be calculated by reference to weight of waste collected,

(ii) charge a service fee, as considered appropriate by the permit holder (including a nil fee), in addition to the fee referred to in subparagraph (i),

(iii) demonstrate by prescribed means if the fees charged for collection or transport of waste incentivise household waste prevention and household waste segregation, and

(iv) furnish to an authorised person, information in a prescribed form, regarding the billing system used by the permit holder in respect of fees referred to under subparagraph (i) or (ii).

(g) (i) For the purposes of paragraph (f)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its collection from the person who presented that waste for collection, its delivery to an authorised facility by a permit holder and its 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 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 subparagraph (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.”,

(h) in subsection (8)(b) —

(i) in subparagraph (i), the deletion of “, or amend any conditions that it has attached to,”,

(ii) in subparagraph (ii), the deletion of “, or revoke,” and

(iii) the deletion of “or its holder, as the case may be,”,

(i) in subsection (9) —

(i) in paragraph (a), the deletion of “, or the holder of,”, and

(ii) in paragraph (b), the deletion of—

(I)“or revocation”, and

(II)“or the amendment of conditions attached to such a permit”,

(j) the insertion of the following subsection after subsection (10):

“(10A) A person who, under this section furnishes information to a local authority which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.”,

and

(k) in subsection (11)(b) —

(i) the insertion of the following subparagraph after subparagraph (i):

“(ia) prescribing a class or classes of waste or household waste for purposes of a waste collection permit or conditions that may or shall be attached to that permit, including by reference to the nature or quantity of the waste, its presentation for collection or whether it is to be segregated;”,

(ii) the substitution of the following subparagraph for subparagraph (v):

“(v) requiring a local authority to attach specified conditions to a permit, including a condition referred to in subsection (7)(b) or (c);”,

(iii) the insertion of the following subparagraph after subparagraph (vi):

“(via) for the purposes of subsection (7), prescribing any matter referred to in that subsection as prescribed or to be prescribed;”,

(iv) the deletion of subparagraph (vii),

(v) in subparagraph (x), the substitution of “application;” for “application.”, and

(vi) the insertion of the following subparagraph after subparagraph (x):

“(xi) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of this section and the regulations.”.