Waste Management Act 1996

Powers of High Court in relation to the holding, recovery or disposal of waste.

57

57.(1) Where, on application by any person to the High Court, that Court is satisfied that waste is being held, recovered or disposed of in a manner that causes or is likely to cause environmental pollution F273[or section 34 or 39(1) to be contravened], it may by order—

(a) require the person holding, recovering or disposing of such waste to carry out specified measures to prevent or limit, or prevent a recurrence of, such pollution F273[or contravention], within a specified period,

(b) require the person holding, recovering or disposing of such waste to do, refrain from or cease doing any specified act, or to refrain from or cease making any specified omission,

(c) make such other provision, including provision in relation to the payment of costs, F273[including costs incurred by the Agency in relation to the carrying out of relevant inspections or surveys and the taking of relevant samples and the analysis of the results of any such activities,] as the Court considers appropriate.

(2) An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(3) An application for an order under this section may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

(4) Without prejudice to the powers of the High Court to enforce an order under this section, a person who fails to comply with an order under this section shall be guilty of an offence.

Annotations

Amendments:

F273

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 48, S.I. No. 498 of 2003.

Editorial Notes:

E565

Offence under subs. (4) 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(d).

E566

Defence to proceedings brought under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iv), as inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

E567

Previous affecting provision: offence under subs. (4) 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(d), 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).