Disposal & Recovery
Waste Management Act
PART I
Preliminary and General
Short title and commencement.
1.—(1) This Act may be cited as the Waste Management Act, 1996.
(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions:
Provided that if immediately before the expiration of the period of 2 years from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this Act or the said provision or provisions shall come into operation (or, in the case of such provision or provisions that remains or remain to be commenced for a particular purpose, shall come into operation for that purpose) upon the expiration of the said period.
Annotations
Editorial Notes:
E3
Power pursuant to section exercised (1.07.1996) by Waste Management Act, 1996 (Commencement) Order 1996 (S.I. No. 192 of 1996).
2. The Waste Management Act, 1996 (other than sections 6 (2), 32 (2), 57 and 58) shall come into operation on the 1st day of July, 1996.
Community acts given effect to by this Act.
2.—The purposes for which the provisions of this Act are enacted include the purpose of giving effect to the Community acts specified in the Table to this section.
TABLE
F1[…]
F1[…]
Council Directive 76/403/EEC of 6 April, 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls1
Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances2
F2[Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment3F3[, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142
Council Directive 86/278/EEC of 12 June, 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture4
F1[…]
Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos5
Council Directive 89/369/EEC of 8 June, 1989 on the prevention of air pollution from new municipal waste incineration plants6
F1[…]
Council Directive 91/157/EEC of 18 March, 1991 on batteries and accumulators containing dangerous substances7
Council Directive 91/271/EEC of 21 May, 1991 concerning urban waste water treatment8
F1[…]
Commission Directive 93/86/EEC of 4 October, 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances9
F4[Council Directive 1999/31/EC of 26 April 199910 on the landfill of waste and Council Directive 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste]
F5[Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 11
European Parliament and Council Directive 94/62/EC of 20 December, 1994 on packaging and packaging waste12
F6[F1[…]
European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles13
European Parliament and Council Directive 2000/76/EC of 4 December, 2000 on the incineration of waste14
F7[European Parliament and Council Directive 2002/95/EC of 27 January 200315 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
European Parliament and Council Directive 2002/96/EC of 27 January 200316 on waste electrical and electronic equipment
European Parliament and Council Directive 2003/108/EC of 8 December 200317 amending Directive 2002/96/EC on waste electrical and electronic equipment]
F8[Directive 2006/21/EC of the European Parliament and of the Council of 15 March 200618 on the management of waste from extractive industries
F9[…]
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives]
Annotations
Amendments:
F1
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(a)-(f).
F2
Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 3, in effect as per reg. 1(2).
F3
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 5.
F4
Inserted (21.02.2013) by European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013), reg. 2(a).
F5
Substituted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(1)(b), in effect as per reg. 1(2).
F6
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 19, S.I. No. 393 of 2004.
F7
Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 4, in effect as per reg. 2.
F8
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(g).
F9
Deleted (7.01.2014) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 24, in effect as per reg. 2.
Editorial Notes:
E4
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; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.
E5
Previous affecting provision: section amended (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(1)(a), in effect as per reg. 1(2); section further amended as per F-note above.
E6
Previous affecting provision: power pursuant to section exercised (7.12.2007, 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), (3).
E7
Previous affecting provision: power 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. 2; revoked (21.06.2014) by European Union (End-of-Life Vehicle) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3.
1O.J. No. L 108/41, 26 April, 1976
10 OJ No L182, 16.07.1999, p. 0001.
11 OJ L 190, 12.7.2006, p.1 ]
12O.J. No. L 365/10, 31 December, 1994
13O.J. No. L269, 21.10.2000, p.34.
14O.J. No. L332, 28.12.2000, p.91. ]
15 O.J. No. L 37/19, 13 February, 2003.
16 O.J. No. L 37/24, 13 February, 2003.
17 O.J. No. L 345/106, 31 December, 2003
18 OJ No. L102, 11.04.2006, p.15
2O.J. No. L 20/43, 26 January, 1980
3 O.J. No. L 26, 28.1.2012 p.1 ]
4O.J. No. L 181/6, 4 July, 1986
5O.J. No. L 85/40, 28 March, 1987
6O.J. No. L 163/32, 14 June, 1989
7O.J. No. L 78/38, 26 March, 1991
8O.J. No. L 135/40, 30 May, 1991
9O.J. No. L 264/51, 23 October, 1993
F10[
Non-application of this Act.
3. (1) This Act shall not apply to—
(a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 200919 on the geological storage of carbon dioxide or excluded from the scope of that Directive pursuant to Article 2(2) of that Directive,
(b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land,
(c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated,
(d) the dumping (within the meaning of the Dumping at Sea Act 1981 (No. 8 of 1981)) of waste at sea,
(e) radioactive waste,
(f) decommissioned explosives, or
(g) faecal matter, if not covered by subsection (2)(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.
(2) This Act shall not apply to the following to the extent that they are covered by other Community acts:
(a) waste waters;
(b) animal by-products, including processed products covered by Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 200920 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation) F11[, except those which are destined for incineration, landfilling or use in a biogas or composting plant];
(c) carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No. 1069/2009;
(d) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC.
F12[(e) substances that are destined for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC)No 767/200910 of the European Parliament and of the Council and that do not consist of or contain animal by-products.]
(3) Without prejudice to obligations under other relevant Community acts, this Act shall not apply to sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation if it is proved that the sediments are non-hazardous.]
Annotations
Amendments:
F10
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 4.
F11
Inserted (14.06.2011) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 3.
F12
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 4.
19 OJ No. L140, 05.06.2009, p.114
21 OJ No. L300, 14.11.2009, p.1
F14[
Definitions of “activity”, “disposal”, “hazardous waste”, “recovery” and “waste”.
4. (1) In this Act—
“activity” includes operation;
“disposal”—
(a) means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy, and
(b) without prejudice to the generality of paragraph (a), includes the disposal operations listed in the Third Schedule,
and “waste disposal activity” shall be construed accordingly;
“hazardous waste” means waste which displays one or more of the hazardous properties listed in the Second Schedule;
F13[‘non-hazardous waste’ means waste which is not covered by the definition of hazardous waste.]
“recovery”—
(a) means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy, and
(b) without prejudice to the generality of paragraph (a), includes the recovery operations listed in the Fourth Schedule,
and “waste recovery activity’ shall be construed accordingly;
“waste” means any substance or object which the holder discards or intends or is required to discard.
(2) A reference in this Act to waste shall be construed as including a reference to hazardous waste.]
Annotations
Amendments:
F13
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 5.
F14
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 4.
Editorial Notes:
E8
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.
E9
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E10
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 in effect as per reg. 1(2).
Interpretation generally.
5.—(1) In this Act, save where the context otherwise requires—
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;
“the Act of 1987” means the Air Pollution Act, 1987;
“the Act of 1992” means the Environmental Protection Agency Act, 1992;
“aftercare” means, in relation to a facility which has been used for the purpose of waste recovery or disposal, any measures that are necessary to be taken in relation to the facility for the purpose of preventing environmental pollution following the cessation of the activity in question at the facility;
“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;
“any Minister of the Government concerned” means any Minister of the Government (other than the Minister) who, having regard to the functions vested in him or her, in the opinion of the Minister might be concerned with or interested in the matter in question;
F19[“authorised person” means F20[(other than in section 10A)] a person who is appointed in writing by—
(a) the Minister,
(b) a local authority,
(c) the Agency,
(d) the Commissioner of the Garda Síochána (or a member of the Garda Síochána nominated by that Commissioner for the purposes of appointing authorised persons under this Act), or
(e) such other person as may be prescribed,
to be an authorised person for the purposes of this Act or any Part or section thereof;]
“authorised waste collector” means a holder of a waste collection permit that is in force;
F15[‘backfilling’ means any recovery operation where suitable non-hazardous waste is used for purposes of reclamation in excavated areas or for engineering purposes in landscaping. Waste used for backfilling must substitute non-waste materials, be suitable for the aforementioned purposes, and be limited to the amount strictly necessary to achieve those purposes;]
F21[“best available techniques” means best available techniques as defined in Article 2(12) of Directive 2008/1/EC;
F18[‘bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants;]
“broker” means any person arranging the recovery or disposal of waste on behalf of others, including any such person that does not take physical possession of the waste;
“collection” means the gathering of waste, including the preliminary sorting and storage of waste for the purposes of transport to a waste treatment facility;]
“commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or for the purposes of sport, recreation, education or entertainment but does not include household, agricultural or industrial waste;
“Community act” means an act adopted by an institution of the European Communities;
F15[‘construction and demolition waste’ means waste generated by construction and demolition activities;]
“contravention” includes, in relation to any provision, a failure or refusal to comply with that provision, and “contravene” shall be construed accordingly;
F21[“dealer” means any person who acts in the role of principal to purchase and subsequently sell waste, including any such person who does not take physical possession of the waste;]
F22[“development” has the meaning assigned to it by section 3 of the Planning and Development Act 2000]
F23[‘EIA Directive’ means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142;]
“emission” has the meaning assigned to it by the Act of 1992;
“emission into the atmosphere” means the emission of a pollutant, within the meaning of the Act of 1987, into the atmosphere;
F24[“emission limit value” means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time;]
F25[“Environment Fund” has the meaning assigned to it by section 74;]
F22[“environmental impact assessment” shall be construed in accordance with section 40(2A);]
F23[‘environmental impact assessment report’ shall be construed in accordance with section 40(2A);]
F26[F27[…]]
“environmental medium” has the meaning assigned to it by the Act of 1992;
“environmental pollution” means, in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would F28[…] endanger human health or harm the environment, and in particular—
(a) create a risk to waters, the atmosphere, land, soil, plants or animals,
(b) create a nuisance through noise, odours or litter, or
(c) adversely affect the countryside or places of special interest;
“established activity” means—
(a) in relation to an activity the carrying on of which requires a waste licence, an activity—
(i) in respect of which a permission under Part IV of the Act of 1963 is granted before the date prescribed under section 39 (1) in respect of that activity (“the relevant date”) and which permission on that date has not ceased to have effect in accordance with the provisions of sections 2 and 4 of the Local Government (Planning and Development) Act, 1982, or
(ii) which is, immediately before the relevant date, being carried on or was, at any time during the period of 12 months ending on the said date, carried on, other than an activity which involves or is associated with an unauthorised structure or an unauthorised use within the meaning of the Act of 1963, and
(b) in any other case, an activity which was being lawfully carried on immediately before the commencement of the provision concerned of this Act that requires the use of the F29[best available techniques];
“European Communities” has the meaning assigned to it by the European Communities Act, 1972;
“European Waste Catalogue” means the list of waste set out in Commission Decision 94/3/EC of 20 December, 19931, (made pursuant to Article 1 (a) of Council Directive 75/442/EEC2 on waste) and includes such list as amended from time to time;
F25[“executive function” means a function other than a reserved function;]
F15[‘extended producer responsibility scheme’ means a set of measures taken by Member States to ensure that producers of products bear financial responsibility or financial and organisational responsibility for the management of the waste stage of a product’s life cycle.]
“facility” means, in relation to the recovery or disposal of waste, any site or premises used for such purpose;
F15[‘food waste’ means all food as defined in Article 2 of Regulation (EC) No 178/200211 of the European Parliament and of the Council that has become waste;]
“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;
F30[…]
“household waste” means waste produced within the curtilage of a building or self-contained part of a building used for the purposes of living accommodation;
F31[“Industrial Emissions Directive” means Directive 2010/75/EU1 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);]
“industrial waste” includes waste produced or arising from manufacturing or industrial activities or processes;
F31[“integrated pollution control activity” has the same meaning as it has in section 3 (amended by Regulation 4 of the European Union (Industrial Emissions) Regulations 2013) of the Act of 1992;1
“land” includes any subsoil thereunder and structure thereon and land covered with water (whether inland or coastal);
F32[“landfill” means a waste disposal site for the deposit of waste onto or into land (i.e. underground), including:
(a) internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and
(b) a permanent site (i.e. more than one year) which is used for temporary storage of waste, but excluding
(c) facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, and
(d) storage of waste prior to recovery or treatment for a period less than three years as a general rule, or
(e) storage of waste prior to disposal for a period less than one year.]
“leachate” means any liquid percolating through deposited waste and emitted from or contained within a landfill;
“local authority” means—
(a) in the case of a county borough, the corporation of the county borough, and
(b) in the case of any other administrative county, the council of the county,
and references to the functional area of a local authority shall be construed accordingly;
F25[“manager” means—
(a) with respect to the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and
(b) with respect to the council of a county, the manager for the purposes of the County Management Acts, 1940 to 1994;]
F15[‘material recovery’ means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling;]
F21[“Minister” means the Minister for the Environment, Heritage and Local Government;]
“monitoring” includes the inspection, measurement, sampling or analysis, whether periodically or continuously, for the purpose of this Act, of waste, a premises at which waste is produced, or a facility at
which waste is held, recovered or disposed of, and of any emissions therefrom, or any environmental medium which is affected by or which, in the opinion of the local authority concerned or the Agency may be affected by, such emissions;
“municipal waste” means household waste as well as commercial and other waste which, because of its nature or composition, is similar to household waste;
F15[‘municipal waste’ means:
(a) mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture;
(b) mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households;
Municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or construction and demolition waste. This definition is without prejudice to the allocation of responsibilities for waste management between public and private actors;]
“occupier” includes, in relation to any premises, the owner, a lessee, any person entitled to occupy the premises and any other person having, for the time being, control of the premises;
“packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such packaging as may be prescribed;
“person in charge” includes, in relation to any premises, the occupier of the premises or a manager, supervisor or operator of an activity relating to the holding, disposal or recovery of waste which is carried on at the premises;
“planning authority” has the meaning assigned to it by the Act of 1963;
“plant” includes any equipment, appliance, apparatus, machinery, vehicle, skip, works, building or other structure used for the purposes of, or the provision of which is incidental to, the holding, disposal or recovery of waste;
F30[…]
“premises” includes any messuage, building, vessel, structure or land (whether or not there are structures on the land and whether or not the land is covered with water), and any plant or vehicles on such land, or any hereditament of any tenure, together with any out-buildings and curtilage;
F33[“preparing for re-use” means checking, F34[cleaning] or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing;]
“prescribed” means prescribed by regulations made by the Minister under this Act;
F16[‘prevention’ means measures taken before a substance, material or product has become waste, that reduce:
(a) the quantity of waste, including through the re-use of products or the extension of the life span of products;
(b) the adverse impacts of the generated waste on the environment and human health; or
(c) the content of hazardous substances in materials and products;]
“product” includes any naturally occurring or manufactured thing;
“public authority” means—
(a) a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a local authority for the purposes of the Local Government Act, 1941,
(d) a harbour authority within the meaning of the Harbours Act, 1946,
(e) a health board established under the Health Act, 1970,
(f) a board or other body established by or under statute,
(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or
(h) a company in which all the shares are held by a board, company, or other body referred to in paragraph (f) or (g) of this definition;
F21[“recycling”—
(a) subject to paragraph (b), means any recovery operation by which waste materials are reprocessed into products, materials or substances, whether for the original or other purposes, including the reprocessing of organic material,
(b) does not include—
(i) energy recovery, and
(ii) the reprocessing into materials that are to be used as fuels or for backfilling operations;
“regeneration of waste oils” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils;
“the Regulations of 2011” means the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011);]
F15[‘the Regulations of 2020’ means the European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020);]
“reserved function” means—
(a) in relation to the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1994,
(b) in relation to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;
F33[“re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;
“separate collection” means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment;]
“service station” means any installation where fuel is capable of being dispensed to motor vehicle fuel tanks from stationary storage tanks;
“sewage” and “sewage effluent” have the meanings assigned to them by the Local Government (Water Pollution) Act, 1977;
“scheduled activity” means any process, development or operation for the time being specified in the First Schedule to the Act of 1992;
“structure” means any building, erection, structure, excavation, or other thing, constructed, erected, or made on, in or under land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;
“temporary storage of waste” shall be construed in accordance with subsection (3);
“transport” includes, in relation to waste, the movement of waste by road, rail, air, sea or inland waterway but does not include the movement of waste from one place to another—
(a) by means of any pipe or similar apparatus which joins those two places, or
(b) on and within the site at which the waste is held for the time being;
F21[“TFS Regulation” means Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 6 on shipments of waste;
“treatment” means recovery or disposal operations, including preparation prior to recovery or disposal;]
“vehicle” includes—
(a) part of a vehicle,
(b) an article designed as a vehicle but not capable of functioning as a vehicle,
(c) a skip designed or used for carriage on a vehicle,
(d) a load on a vehicle;
“waste collection permit” has the meaning assigned to it by section 34;
F33[“Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives;
“waste holder” means the waste producer or the person who is in possession of the waste;
F17[‘waste management’ means the collection, transport, recovery including sorting, and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker;]
“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;
“waste producer” means anyone—
(a) whose activities produce waste (in this Act referred to as the “original waste producer”), or
(b) who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of such waste;
“waste prevention and management legislation and policy” means—
(a) this Act and regulations made under this Act,
(b) policy issued by the Minister,
(c) waste management plans made by a local authority, or
(d) waste prevention programmes guidance or policy issued by the Agency;]
“waste licence” shall be construed in accordance with section 37;
F35[“waste service” means any service, facility, approval or other thing which a local authority may or is required to render, supply, grant, issue or otherwise provide in the performance of any of its functions under this Act to any person or in respect of any premises;]
“waters” has the meaning assigned to it by the Local Government (Water Pollution) Act, 1977.
F36[(1A) In this Act, a reference to—
(a) the date on which a waste licence is granted is a reference to the date on which the licence is sealed with the seal of the Agency, and
(b) the date on which a decision by the Agency to refuse a waste licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed.]
F37[(2) (a) A reference in this Act to “best available techniques” shall be construed as meaning the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle, the basis for emission limit values designed to prevent or eliminate, or where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.
(b) For the purposes of paragraph (a)—
(i) “best”, in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;
(ii) “available techniques” means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the Third and Fourth Schedules, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;
(iii) “techniques” includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.
(c) F38[…]]
(3) In this Act, a reference to the temporary storage of waste shall, without prejudice to any particular provision that may be made pursuant to section 39 (6), be construed as a reference to the storage of waste for a period not exceeding 6 months.
F39[(3A) References in this Act to Dublin City Council are references to Dublin City Council in its designation as the competent authority under Article 53 of the TFS Regulation as provided for in Regulation 4 of the Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007).]
F40[(3B) Subject to this Act, a word or expression that is used in this Act and that is also used in the EIA Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]
(4) In this Act, a reference to a Part, section, or Schedule is a reference to a Part or section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.
(5) In this Act, a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision (including a Schedule) in which the reference occurs, unless it is indicated that a reference to some other provision is intended.
(6) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).
Annotations
Amendments:
F15
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 7.
F16
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 6
F17
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 6.
F18
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 6.
F19
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(a), S.I. No. 498 of 2003.
F20
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 33, S.I. No. 358 of 2015.
F21
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(i), (ii), (iv), (vii), (viii) and (x).
F22
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(a), in effect as per reg. 1(2).
F23
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 6(a)(i), (ii).
F24
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(b), S.I. No. 393 of 2004.
F25
Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 3, commenced on enactment.
F26
Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(b), in effect as per reg. 1(2).
F27
Deleted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 6(a)(iii).
F28
Deleted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(2)(c), in effect as per reg. 1(2).
F29
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 21, S.I. No. 393 of 2004.
F30
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(iii) and (v).
F31
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 25(a).
F32
Substituted (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), reg. 11(1).
F33
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(vi), (ix), and (xi).
F34
Substituted (14.06.2011) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 4.
F35
Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 20(1)(c), S.I. No. 393 of 2003.
F36
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(2), S.I. No. 393 of 2004.
F37
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 20(3), S.I. No. 393 of 2004, subject to saver in s. 59.
F38
Deleted (7.01.2014) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 25(b), in effect as per reg. 2.
F39
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(b).
F40
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 6(b).
Editorial Notes:
E11
Definition of “municipal waste” superseded by insertion of new definition (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 7.
E12
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.
E13
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E14
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).
E15
Previous affecting provision: definition of “prevention” substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 5(a)(vii); substituted as per F-note above.
E16
Previous affecting provision: subs. (1) amended (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(2)(a), (b) and (d), in effect as per reg. 1(2); substituted as per F-notes above.
E17
Previous affecting provision: subs. (3B) inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 4(c), in effect as per reg. 1(2); substituted as per F-note above.
1 OJ No. L 26, 28.1.2012, p.1
11 OJ L 31, 1.2.2002, p. 1
2 OJ No. L 124, 25.4.2014, p.1
6 OJ No. L 190, 12.7.2006, p.1
F263[
Power to impose landfill levy.
73.—(1) The Minister may, after consultation with F264[such other Minister of the Government, if any, as the Minister considers appropriate], make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as a ‘landfill levy’ and is in this section referred to as the ‘levy’) in respect of—
(a) the carrying on of a specified class or classes of waste disposal activity (being an activity referred to in F265[paragraph D1 or D5 of the Third Schedule]), or
(b) the disposal by means of a waste disposal activity referred to in F266[paragraph D1 or D5 of the Third Schedule], or a specified class or classes of such activity, of a specified class or classes of waste, or
(c) subject to subsection (2), both the carrying on of an activity referred to in paragraph (a) and an activity referred to in paragraph (b).
(2) Regulations under subsection (1)(c) shall not result in levy being payable twice in respect of a particular disposal of a particular quantity of waste.
F267[(3) The amount of the levy shall be specified in the regulations under subsection (1) but shall not exceed an amount of €120 for each tonne of waste disposed of.
(3A) The Minister may, subject to subsections (3) and (3B), amend the amount of the levy standing specified in regulations under subsection (1) for the purposes of promoting—
(a) the prevention of the generation of waste, and
(b) the reduction of the quantity of waste disposed of by means of an activity referred to in subsection (1),
once and once only in each financial year beginning with the financial year in which the Environment (Miscellaneous Provisions) Act 2011 is passed.
(3B) The Minister shall, when amending the amount of levy standing specified in regulations under subsection (1), substitute an amount that does not exceed the amount so standing specified by €50.]
(4) Subject to subsection (3), regulations under subsection (1) may specify, as respects the amount of the levy payable under them, different such amounts by reference to different activities referred to in any of paragraphs (a), (b) and (c) of subsection (1) in respect of which the levy is so payable.
(5) The levy shall be payable by the person who carries on the waste disposal activity concerned.
F268[(5A) Where any amount of levy becomes payable in accordance with regulations made under this section and is not paid, simple interest on the amount shall be paid by the person liable to pay the levy and such interest shall be calculated from the date on which the levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.
(5B) Interest due in accordance with subsection (5A) shall be payable to the Environment Fund in the manner specified in the regulations under subsection (1) and the provisions of those regulations relating to the recovery of the levy shall apply to the interest as if it were levy.
(5C) Interest paid in accordance with subsection (5A) shall be treated as levy for the purposes of—
(a) subsection (8), in relation to provision under that subsection for levy by virtue of paragraph (l) of section 72(6), and
(b) section 74(7).]
(6) Regulations under subsection (1) shall—
(a) provide that the levy (not being levy chargeable by virtue of those regulations on the local authority) shall be payable to the local authority in whose functional area the waste disposal activity concerned is carried on, and
(b) confer on that local authority powers with respect to the collection and recovery of the levy (and, for this purpose, the regulations may adapt, with or without modifications, the provisions of any enactment relating to the estimation, collection and recovery of, or the inspection of records or the furnishing of information in relation to, any tax charged or imposed by that enactment).
(7) (a) Regulations under subsection (1) may, for the purpose mentioned in paragraph (b), restrict the extent to which a local authority may exercise a power to make a charge for the provision by it of any service in circumstances where, in the opinion of the Minister, such exercise is so as to enable the local authority to recoup amounts paid by it by way of levy.
(b) The purpose mentioned in paragraph (a) is ensuring that the exercise of the power referred to in that paragraph does not result in one or more categories of person paying a disproportionate amount of the total amount of charges a local authority could reasonably be expected to make in respect of the provision of services in the circumstances concerned.
(c) For so long as regulations under subsection (1) restrict the exercise of the power referred to in paragraph (a), the enactment that confers that power shall be construed as if there were contained in it a provision the effect of which is to restrict the exercise of the power in the manner provided by the said regulations.
(8) Regulations under subsection (1) may provide, in relation to levy under this section, for all the matters which regulations under section 72 may, by virtue of paragraphs (a), (c), (d) and (g) to (l) of subsection (6) of that section, provide in relation to levy under that section and those paragraphs shall, accordingly, apply for the purposes of this section with any necessary modifications (including such modifications as will enable like provision with respect to the payment into the Environment Fund of amounts received by a local authority on account of levy under this section to be made with respect to levy under this section chargeable on the local authority itself).
(9) F269[…]
(10) A person who fails to—
(a) pay levy which is due and payable by virtue of regulations under subsection (1), or
(b) comply with a provision of regulations under that subsection,
shall be guilty of an offence.]
Annotations
Amendments:
F263
Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 11, commenced on enactment.
F264
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(a), S.I. No. 433 of 2011.
F265
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(b), S.I. No. 433 of 2011.
F266
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(c), S.I. No. 433 of 2011.
F267
Substituted and inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(d), S.I. No. 433 of 2011.
F268
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(e), S.I. No. 433 of 2011.
F269
Deleted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(f), S.I. No. 433 of 2011, subject to transitional provision in s. 47(2).
Editorial Notes:
E562
Power pursuant to section exercised (12.04.2019) by Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019).
E563
Power pursuant to section exercised (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), in effect as per reg. 2.
E564
The section heading is taken from the amending section in the absence of one included in the amendment.
E565
Previous affecting provision: power pursuant to section exercised (1.07.2013) by Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.
E566
Previous affecting provision: power pursuant to section exercised (1.07.2012) by Waste Management (Landfill Levy) (Amendment) Regulations 2012 (S.I. No. 221 of 2012), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 434 of 2011, see below.
E567
Previous affecting provision: pursuant to section exercised (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), in effect as per reg. 2; revoked (1.06.2015) by Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).
E568
Previous affecting provision: power pursuant to section exercised (1.02.2010) by Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I. No. 31 of 2010), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.
E569
Previous affecting provision: power pursuant to section exercised and subs. (3) amended (20.01.2010) by Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010); superseded (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(d), S.I. No. 433 of 2011.
E570
Previous affecting provision: power pursuant to section exercised (31.12.2009) by Waste Management (Landfill Levy) Amendment Regulations 2009 (S.I. No. 550 of 2009), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 199 of 2008, see below.
E571
Previous affecting provision: power pursuant to section exercised and subs. (3) amended (11.12.2009) by Waste Management (Landfill Levy) Order 2009 (S.I. No. 496 of 2009), art. 4; superseded (20.01.2010) by Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010), art. 4.
E572
Previous affecting provision: pursuant to section exercised (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), in effect as per reg. 2; revoked (1.09.2011) by Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011), reg. 19(1), in effect as per reg. 2; subject to transitional provision in reg. 19(2).
E573
Previous affecting provision: power pursuant to section exercised and subs. (3) amended (4.06.2008) by Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008); superseded (11.12.2009) by Waste Management (Landfill Levy) Order 2009 (S.I. No. 496 of 2009), art. 4.
E574
Previous affecting provision: pursuant to section exercised (28.07.2006) by Waste Management (Landfill Levy)(Amendment) Regulations 2006 (S.I. No. 402 of 2006); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.
E575
Previous affecting provision: pursuant to section exercised (13.03.2002) by Waste Management (Landfill Levy) Regulations 2002 (S.I. No. 86 of 2002); revoked (1.07.2008) by Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008), reg. 20, in effect as per reg. 2.
F270[
Environment Fund.
74.—(1) There shall stand established, on the passing of the Waste Management (Amendment) Act 2001, a fund which shall be known, and is in this Act referred to, as the ”Environment Fund”.
(2) Subject to subsection (3), the Minister shall manage and control the Environment Fund.
(3) The Minister may by regulations delegate the management and control of all or part of the Environment Fund and any other functions under this section related to such management and control to a specified person and functions so delegated shall, accordingly, be performable by that person.
(4) The Environment Fund shall consist of such accounts as the Minister may determine.
(5) The said accounts shall be in such form and be prepared in such manner as the Minister may determine.
(6) As soon as may be after the end of each financial year, the Minister shall submit the accounts of the Environment Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas.
F271[(7) Subject to, and in accordance with, regulations under section 53C, F272[72 or 73], there shall be paid into the Environment Fund the amounts specified in those regulations of financial resources or levy collected or recovered thereunder.]
(8) The Minister may, out of moneys provided by the Oireachtas, pay into the Environment Fund in any financial year, such an amount as he or she determines, with the consent of the Minister for Finance, in relation to that year.
(9) Without prejudice to subsection (12), the Minister may from time to time pay out of the Environment Fund such amounts of moneys as he or she considers appropriate for any or all of the following purposes, namely—
(a) to assist, support or promote any programmes or schemes established for the prevention or reduction of waste in the State or the establishment of such programmes or schemes,
(b) to assist the establishment, equipping and, where appropriate, the operation of waste re-use and recycling activities generally, or recovery activities in respect of any specified class of waste,
(c) to assist, support or promote research and development with respect to any aspect of waste management,
(d) to assist, support or promote the production, distribution or sale of products of a particular class, being products which possess characteristics (whether characteristics of an inherent nature or related to the process by which they are manufactured) likely to render them less harmful to the environment than other products falling within the same class,
(e) to assist, support or promote the development of initiatives by producers to prevent or reduce waste arising from activities carried on by them,
(f) to assist generally the implementation of waste management plans (within the meaning of Part II) and the hazardous waste management plan,
(g) to facilitate or assist the enforcement of the provisions of any enactment (including this Act) relating to waste management or the prevention of litter or otherwise relating to the protection of the environment,
(h) to facilitate or assist projects, commonly known as partnership projects, that involve local authorities and the purpose of which is to improve the quality of the environment in so far as it affects a particular local community or communities,
(i) to promote awareness of the need generally to protect the environment and, in particular, to assist, support or promote national and regional campaigns the objectives of which are to foster such awareness,
(j) to promote or support education and training that would facilitate the achievement of the objectives of campaigns as aforesaid,
(k) to assist the provision of the necessary resources (whether human or material) to enable such education and training to be carried out or facilitate the improvement of any such resources that exist for the time being,
F273[(ka) to facilitate, assist, support or promote initiatives undertaken by international organisations or other persons outside the State in respect of the protection of the environment or sustainable development or both,]
(l) to assist, support or promote initiatives undertaken by community groups, environmental groups or other like persons with respect to the protection of any aspect of the environment, and
(m) such other purposes with respect to the protection of the environment as may be prescribed.
(10) Any payment of moneys out of the Environment Fund under any of paragraphs (a) to (m) of subsection (9) shall be made to the person or persons who carry on or, as the case may be, carried on the activity the principal purpose of which is, in the opinion of the Minister, the particular purpose in respect of which that payment is made.
(11) Without prejudice to the preceding provisions of this section, no payment shall be made out of the Environment Fund in respect of such activity as may be prescribed if the activity is carried on otherwise than in accordance with such guidelines as may be issued by the Minister for the purpose and the Minister shall cause copies of such guidelines to be laid before each House of the Oireachtas within 3 months after they have been issued.
(12) (a) The Minister may from time to time pay out of the Environment Fund such an amount of moneys as he or she determines for the purposes of defraying, in whole or in part, the expenses incurred, on or after the establishment of the Fund, by him or her, or by any person to whom functions are delegated under subsection (3), in connection with the administration of the Fund.
(b) Any amount of moneys paid out of the Environment Fund under paragraph (a) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Finance, may determine.
(13) The Minister may establish a committee to advise the Minister with respect to the performance by him or her of the functions under subsection (9) or (11) and a committee so established may advise the Minister accordingly.]
Annotations
Amendments:
F270
Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 12, commenced on enactment.
F271
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 51, S.I. No. 393 of 2004.
F272
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 14(a), S.I. No. 433 of 2011.
F273
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 14(b), S.I. No. 433 of 2011.
Modifications (not altering text):
C23
Functions transferred and references to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
…
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 10 of 1996
Waste Management Act 1996
Sections 38(6), 72 and 74
…
…
…
…
Editorial Notes:
E576
The section heading is taken from the amending section in the absence of one included in the amendment.
F274[
Charges for waste services.
75.—(1) A local authority may make a charge in respect of the provision of any waste service by, or on behalf of, that authority.
(2) A charge made by a local authority under subsection (1) shall be of such an amount as the authority considers appropriate and shall be payable by and recoverable from the person for whom the service is provided, or, where the service is provided in respect of premises—
(a) in case the premises are not owned by a local authority and comprise more than one dwelling, the owner of the premises, and
(b) in any other case, the occupier of the premises,
and different such charges may be made by such an authority in respect of persons, premises or services of different classes or descriptions or, where the service relates to the collection, recovery or disposal of waste (without prejudice to any other basis for making a charge) in respect of different quantities, volumes or types of waste.
(3) A local authority may, if it is satisfied that it is appropriate so to do on grounds of personal hardship, waive all or portion of a charge made by it under subsection (1).
(4) Where a charge (or portion thereof) is waived under subsection (3), the liability of a person to pay that charge (or portion thereof) and any obligation on the local authority by whom the waiver was made to collect the charge (or portion thereof) shall cease.
(5) (a) An amount payable to a local authority on foot of a charge made under subsection (1) shall be payable either in advance or in such instalments payable on or by such dates as the authority shall determine, and, in default of being paid within two months of becoming payable, may be recovered by the authority as a simple contract debt in any court of competent jurisdiction.
(b) In any proceedings by a local authority pursuant to this subsection a certificate purporting to be signed by an officer of the authority authorised by it for purposes of this subsection and stating any matters relating to the liability of the defendant in the proceedings to pay an amount due on foot of a charge made under this section shall be sufficient evidence of those matters until the contrary is shown.
(c) Such a certificate shall be admitted in evidence in those proceedings without proof of the signature on it, that the signatory was an officer of the authority concerned or that he or she was authorised by it for the purposes of this subsection.
(d) The Minister may make regulations in relation to form and content of the certificate referred to in paragraph (b).
(6) For the avoidance of doubt, subsection (5) authorises a local authority to determine that an amount referred to in that subsection shall be payable in advance of the particular occasion on which a waste service provided by it on a regular basis is provided to a person or in respect of premises and, in particular, that the amount so payable shall be the amount it determines should be payable in respect of each occasion of the service being provided by it.
(7) Where a sum is due to a local authority by a person in respect of a charge made under subsection (1) and, at the same time, another sum is due by that authority to that person, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.
(8) Notwithstanding the provisions of any order made under any other enactment, the making of a charge in respect of the provision of a waste service and any exercise of the power of waiver under subsection (3) shall each be an executive function.
(9) A local authority shall not, by resolution, under section 140 of the Local Government Act 2001 give a direction or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, this section and any such resolution purporting to be passed under the said section 140 which contravenes this subsection shall be void.
(10) (a) The manager of a local authority may make an order prescribing that waste placed for the purposes of its being collected by or on behalf of the local authority shall bear evidence, in such a manner or form as is provided in the order, of the payment of any charge that has been made under this section in respect of the collection of the waste.
(b) In so far as there is any inconsistency between the provisions of an order under this subsection and bye-laws made by the local authority concerned under section 35(1) the provisions of the order shall prevail.
(c) The manager of a local authority may by order amend or revoke an order made by him or her under this subsection (including an order under this paragraph).
(11) In this section—
“dwelling” includes a part of any premises let as a separate dwelling, whether or not the person to whom it is let shares with any other person any accommodation, amenity or facility in connection therewith or any other portion of the premises;
“owner” means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let.]
Annotations
Amendments:
F274
Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 52, S.I. No. 393 of 2003.
F59[
Waste hierarchy.
21A.— (1) The following waste hierarchy shall apply as a priority order in waste prevention and management legislation and policy:
(a) prevention;
(b) preparing for re-use;
(c) recycling;
(d) other recovery (including energy recovery); and
(e) disposal.
(2)(a) When applying the waste hierarchy referred to in subsection (1), the Minister, the Agency and the local authorities, in carrying out their respective functions under this Act, shall take measures to encourage the options that deliver the best overall environmental outcome.
(b) Such measures may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste.
(3) The Minister shall ensure that the development of waste legislation and policy is a fully transparent process, observing existing national rules about the consultation and involvement of citizens and stakeholders.
(4) In carrying out their respective functions under this Act and related waste management legislation and policy, the Minister, the Agency and the local authorities shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Article 1 of the Waste Directive and section 32(1).]
F60[(5) The Minister shall make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those indicated in the Sixth Schedule or other appropriate instruments and measures.]
F60[(6) In order to contribute to the objectives laid down in Directives 2000/53/EC on the end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment, the Minister may also make use of the economic instruments and measures referred to under sub-paragraph (5) and indicated in the Sixth Schedule.]
Annotations
Amendments:
F59
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 7.
F60
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 8.
F59[
Waste hierarchy.
21A.— (1) The following waste hierarchy shall apply as a priority order in waste prevention and management legislation and policy:
(a) prevention;
(b) preparing for re-use;
(c) recycling;
(d) other recovery (including energy recovery); and
(e) disposal.
(2)(a) When applying the waste hierarchy referred to in subsection (1), the Minister, the Agency and the local authorities, in carrying out their respective functions under this Act, shall take measures to encourage the options that deliver the best overall environmental outcome.
(b) Such measures may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste.
(3) The Minister shall ensure that the development of waste legislation and policy is a fully transparent process, observing existing national rules about the consultation and involvement of citizens and stakeholders.
(4) In carrying out their respective functions under this Act and related waste management legislation and policy, the Minister, the Agency and the local authorities shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Article 1 of the Waste Directive and section 32(1).]
F60[(5) The Minister shall make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those indicated in the Sixth Schedule or other appropriate instruments and measures.]
F60[(6) In order to contribute to the objectives laid down in Directives 2000/53/EC on the end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment, the Minister may also make use of the economic instruments and measures referred to under sub-paragraph (5) and indicated in the Sixth Schedule.]
Annotations
Amendments:
F59
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 7.
F60
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 8.
F283[THIRD SCHEDULE
Disposal Operations
Section 4(1).
D 1 Deposit into or on to land (e.g. landfill, etc.)
D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)
D 3 Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.)
D 4 Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.)
D 5 Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.)
D 6 Release into a water body except seas/oceans
D 7 Release to seas/oceans including sea-bed insertion
D 8 Biological treatment not specified elsewhere in this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12
D 9 Physico-chemical treatment not specified elsewhere in this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.)
D 10 Incineration on land
D 11 Incineration at sea (this operation is prohibited by EU legislation and international conventions)
D 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)
D 13 Blending or mixing prior to submission to any of the operations numbered from D 1 to 12 (if there is no other D code appropriate, this can include preliminary operations prior to disposal including pre-processing such as, amongst others, sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12)
D 14 Repackaging prior to submission to any of the operations numbered D 1 to D 13
D 15 Storage pending any of the operations numbered D 1 to D 14 (excluding temporary storage (being preliminary storage according to the definition of ‘collection’ in section 5(1)), pending collection, on the site where the waste is produced).]
Annotations
Amendments:
F283
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 24.
Editorial Notes:
E579
Previous affecting provision: schedule substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 54 and sch. 3, S.I. No. 393 of 2004; substituted as per F-note above.
E580
Previous affecting provision: paras. 1, 6, 7, 11, 12, and 13 amended (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 6; substituted as per F-note above.
F284[FOURTH SCHEDULE
Recovery Operations
Section 4(1)
R 1 Use principally as a fuel or other means to generate energy: This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above:
— 0.60 for installations in operation and permitted in accordance with applicable Community acts before 1 January 2009,
— 0.65 for installations permitted after 31 December 2008,
using the following formula, applied in accordance with the reference document on Best Available Techniques for Waste Incineration:
Energy efficiency = (Ep — (Ef + Ei)/ (0.97x(Ew+Ef)
where—
“Ep” means annual energy produced as heat or electricity and is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1(GJ/year),
“Ef” means annual energy input to the system from fuels contributing to the production of steam (GJ/year),
“Ew” means annual energy contained in the treated waste calculated using the net calorific value of the waste (GJ/year),
“Ei” means annual energy imported excluding Ew and Ef (GJ/year), “0.97” is a factor accounting for energy losses due to bottom ash and radiation.
The energy efficiency formula value will be multiplied by a climate correction factor (CCF) shown below:
1. CCF for installations in operation and permitted in accordance with applicable Union legislation before 1September 2015.
CCF = 1 if HDD greater than or equal to3350
CCF = 1.25 if HDD less than or equal to 2150
CCF = — (0.25/1200) HDD + 1.698 when greater than 2150 and less than 3350
2. CCF for installations permitted after 31 August 2015 and for installations under paragraph 1 above after 31 December 2029:
CCF = 1 if HDD greater than or equal to 3350
CCF = 1.12 if HDD less than or equal to 2150
CCF = — (0.12/1200) HDD + 1.335 when greater than 2150 and less than 3350
(The resulting value of CCF will be rounded at three decimal places).
The value of HDD (Heating Degree Days) should be taken as the average of annual HDD values for the incineration facility location, calculated for a period of 20 consecutive years before the year for which CCF is calculated. For the calculation of the value of HDD the following method established by Eurostat should be applied: HDD is equal to (18°C — Tm) d if Tm is lower than or equal to 15°C (heating threshold) and is nil if Tm is greater than 15°C; where Tm is the mean (Tmin+Tmax/2) outdoor temperature over a period of d days.
Calculations are to be executed on a daily basis (d= 1), added up to a year.
R 2 Solvent reclamation/regeneration
R 3 Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes), which includes gasification and pyrolisis using the components as chemicals
R 4 Recycling/reclamation of metals and metal compounds
R 5 Recycling/reclamation of other inorganic materials, which includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials
R 6 Regeneration of acids or bases
R 7 Recovery of components used for pollution abatement
R 8 Recovery of components from catalysts
R 9 Oil re-refining or other reuses of oil
R 10 Land treatment resulting in benefit to agriculture or ecological improvement
R 11 Use of waste obtained from any of the operations numbered R 1 to R 10
R 12 Exchange of waste for submission to any of the operations numbered R 1 to R 11 (if there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as, amongst others, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11)
R 13 Storage of waste pending any of the operations numbered R 1 to R 12 (excluding temporary storage (being preliminary storage according to the definition of “collection” in section 5(1)), pending collection, on the site where the waste is produced).]
Annotations
Amendments:
F284
Substituted (31.07.2016) by European Union (Waste Directive) (Recovery Operations) Regulations 2016 (S.I. No. 372 of 2016), reg. 4, in effect as per reg. 3.
Editorial Notes:
E581
Previous affecting provision: schedule amended (14.06.2011) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 5; substituted as per F-note above.
E582
Previous affecting provision: schedule substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 24; substituted as per F-note above.
E583
Previous affecting provision: schedule substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 55 and sch. 4, S.I. No. 393 of 2004; substituted as per F-note above.
E584
Previous affecting provision: schedule amended (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 7; substituted as per F-note above.
S.I. No. 524/2008 –
Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008
WASTE MANAGEMENT (CERTIFICATION OF HISTORIC UNLICENCED WASTE DISPOSAL AND RECOVERY ACTIVITY) REGULATIONS 2008
INDEX
1. Citation
2. Purpose of Regulations
3. Scope
4. Interpretation generally
5. Duty of a local authority to identify and register closed landfills
6. Duty of a local authority to carry out an assessment of the risk of environmental pollution
7. Application by a local authority to the Agency for a certificate ofauthorisation
8. Duty of a local authority to comply with the terms of a certificate ofauthorisation
9. Powers of the Environmental Protection Agency
10. Prosecutions and penalties
11. Amendments to Waste Management Act
12. Amendment to Waste Management (Miscellaneous Provisions) Regulations
13. Amendment to Waste Licensing Regulations
S.I. No. 524 of 2008
WASTE MANAGEMENT (CERTIFICATION OF HISTORIC UNLICENCED WASTE DISPOSAL AND RECOVERY ACTIVITY) REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 12th December, 2008.
WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving full effect to the provisions of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 1 on waste and Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances to make provision for offences under the following regulations to be prosecuted on indictment:
AND WHEREAS I consider it necessary, having further regard to section 3(3) of the Act of 1972 as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect having regard to the acts or omissions of which the offence consists, to make such provision in the following Regulations:
NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving effect to Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 on waste and Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances hereby makes the following Regulations:
Citation
1. These Regulations may be cited as the Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of—
(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 on waste, and
(2) Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances.
Scope
3. These Regulations apply to each closed landfill identified pursuant to Regulation 5 at which waste disposal or recovery activities were carried on without a waste licence.
Interpretation generally
4. (1) In these Regulations—
(a) a reference to a Regulation is a reference to a Regulation in these Regulations unless it is indicated that reference to some other Regulation is intended;
(b) a reference to a paragraph that is not otherwise identified is a reference to the paragraph of the provision in which the reference occurs.
(2) A word or expression that is used in these Regulations and is also used in the Waste Management Acts 1996 to 2008 shall have in these Regulations the same meaning as it has in the Act unless the contrary intention appears.
(3) In these Regulations—
“Act” means the Waste Management Acts 1996 to 2008;
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;
“authorised person” means a person who is appointed in writing by a local authority or the Agency to be an authorised person for the purposes of these Regulations;
“closed landfill” means a landfill site operated by a local authority for the recovery or disposal of waste without a waste licence on any date between 15 July 1977 and 27 March 1997 (i.e. prior to the entry into force of the Waste Management (Licensing) Regulations, 1997 ( S.I. No. 133 of 1997 ));
“Code of Practice” means the “CODE OF PRACTICE on Environmental Risk Assessment for Unregulated Waste Disposal Sites” prepared by the Agency under section 76 of the Environmental Protection Agency Acts 1992 and 2003;
“environmental pollution” has the meaning assigned to it in the Act;
“necessary measures” means measures (including suitable remediation measures) to ensure that waste disposed of or recovered in a closed landfill is not causing, or is not likely to cause, environmental pollution;
“risk assessment” means a systematic methodology which considers the likelihood of occurrence and the consequence of occurrence of an event through the determination and evaluation of the nature, effect and extent of exposure to a potential hazard;
“Waste Management Acts 1996 to 2008” means the Waste Management Act, 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act, 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), the Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ) and the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ).
Duty of a local authority to identify and register closed landfills
5. (1) Each local authority shall identify by 30 June 2009 all closed landfills within its functional area and for such purposes shall have regard to the methodology set out in Appendix 1 of the Code of Practice.
(2) Each local authority shall have regard to the reporting requirements of Chapter 8 of the Code of Practice and maintain a register of all closed landfills identified by it pursuant to Regulation 5(1), which shall be revised and updated as necessary and at least once in each period of twelve months thereafter.
(3) The Agency shall prescribe the particulars to be entered in the register referred to in Regulation 5(2) and the form and manner in which such information shall be entered and maintained.
Duty of a local authority to carry out an assessment of the risk ofenvironmental pollution
6. (1) Subject to Regulation 6(2), each local authority shall carry out a Risk Assessment in respect of all closed landfills identified pursuant to Regulation 5(1) and for such purposes shall have regard to the Code of Practice.
(2) The Risk Assessment shall evaluate the priority to be assigned to the closed landfill site in accordance with the Risk Classification system set out in Chapter 4.3.3 of the Code of Practice.
(3) Where a closed landfill, identified by a local authority pursuant to Regulation 5(1), is situate on property in the ownership or control of a person other than the local authority concerned, then that authority shall request the owner or occupier of such property, as the case may be, to permit its authorised persons, officials, servants or agents, to enter onto such property for the purposes of preparing the Risk Assessment described in Regulation 6(1) or for any other purpose and any local authority concerned shall discharge any reasonable costs or expenses incurred by any such owner or occupier by reason of such actions as described herein.
(4) A person on whose land consent is required under Regulation 6(3) to access such land shall grant such consent in relation to the closed landfill to the local authority or its authorised officials, servants or agents.
(5) The local authority may give such directions, as it considers appropriate, to the person in Regulation 6(3), to require that person to permit the carrying out of the necessary measures pursuant to Regulation 6(3).
(6) A person commits an offence if that person fails to comply with a direction under Regulation 6(5).
Application by a local authority to the Agency for a certificate of authorisation
7. (1) On completion of the Risk Assessment referred to in Regulation 6(1), a local authority shall make application to the Agency for certification of compliance with the requirements of these Regulations, which certificate shall be known as and referred to in these Regulations as a certificate of authorisation.
(2) An application under Regulation 7(1) shall be made in a format to be determined by the Agency and may require, at the discretion of the Agency, the submission of the following information or material or both—
(a) the location or postal address of the closed landfill, including, where appropriate, the name of the townland or townlands,
(b) details of the current owner or occupier or both of the closed landfill,
(c) details of the current use of the land on which the closed landfill is situate,
(d) the National Grid reference,
(e) a map indicating the precise location,
(f) scaled plans and sections,
(g) the types and estimated quantities of waste deposited,
(h) the Risk Assessment as provided for in Regulation 6(1) (to include any necessary measures recommended therein in accordance with the requirements of Chapter 7 of the Code of Practice).
(3) A fee of €5,000 shall be payable by a local authority to the Agency in respect of each application for a certificate of authorisation. The Agency may, however, refund or waive all or part of the fee payable in respect of a particular application where it is satisfied that the payment in full of the fee would not be justified or reasonable having regard to the limited scale or nature of the landfill activity concerned.
(4) The Agency may request from a local authority such further information or material or both as may be required by it for the purpose of determining the application within such period as may be stipulated by it and a local authority shall submit to the Agency such information as requested to the reasonable satisfaction of the Agency.
(5) The Agency shall, within 4 months or such later date as it may determine and advise to the local authority, prepare a draft certificate of authorisation, which shall be made available to the local authority concerned which may make representations on the proposed draft certificate and any representations received by the Agency within the subsequent period of 30 days shall be considered by it.
(6) As soon as practicable after the expiry of the 30 day period provided for in Regulation 7(5), the Agency shall determine the certificate of authorisation, which may vary from the draft certificate and shall issue an appropriately validated certificate of authorisation to the local authority and place a copy on any relevant website maintained by the Agency.
(7) A certificate of authorisation issued under Regulation 7(6):—
(a) shall determine the adequacy of the Risk Assessment (including any necessary measures recommended therein) submitted by a local authority as part of the application for a certificate of authorisation; and
(b) may specify further necessary measures in addition to those identified by the Risk Assessment having regard to ensuring appropriate protection for human health and the environment to ensure conformity with the provisions of Council Directive 2006/12/EC1 and Council Directive 80/68/EEC 2 .
(c) shall require that a validation report is compiled by the authorisation holder in accordance with the requirements of Chapters 7.3 and 8.2.4 of the Code of Practice.
Duty of a local authority to comply with the terms of a certificate of authorisation
8. (1) A local authority shall make all reasonable efforts to comply with any validated certificate of authorisation issued to it by the Agency pursuant to Regulation 7(6).
(2) Any local authority that contravenes Regulation 7(4) or Regulation 8(1) shall be guilty of an offence.
Powers of the Environmental Protection Agency
9. (1) The powers and functions conferred on the Agency pursuant to these Regulations may be performed on its behalf by any person appointed by it in writing to be an authorised person for the purposes of these Regulations.
(2) Without prejudice to the powers conferred on the Agency or its authorised persons pursuant to these Regulations, it is declared that the provisions of section 13 of the Environmental Protection Agency Act (No. 7 of 1992), subject to any modifications or adaptations as may be required, shall apply for any purpose connected with these Regulations.
(3) Where the Agency is of opinion that a local authority has failed to perform any function of that authority provided for by these Regulations or has performed that function in an unsatisfactory manner, the provisions of section 63 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), as amended by section 13 of the Protection of the Environment Act 2003 (No. 27 of 2003) shall apply mutatis mutandis as if the reference therein to a statutory function of a local authority included a reference to functions conferred on local authorities pursuant to these Regulations.
Prosecutions and penalties
10. (1) An offence under these Regulations may be prosecuted by the Agency.
(2) Any person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a fine not exceeding €3,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years or both.
Amendments to Waste Management Act
11. The Act shall have effect with the following specified modifications:
(1) in section 5 by substituting the following for the definition of “landfill”—
“ ‘landfill’ means a waste disposal site for the deposit of waste onto or into land (i.e. underground), including:
(a) internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and
(b) a permanent site (i.e. more than one year) which is used for temporary storage of waste, but excluding
(c) facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, and
(d) storage of waste prior to recovery or treatment for a period less than three years as a general rule, or
(e) storage of waste prior to disposal for a period less than one year.”
(2) by the addition in section 67 of subsection (3)—
“(3) Subsections (1) and (2) shall not be construed as enabling a local authority or the Agency to avoid the consequences under EU law of any failure to comply with the Community acts given effect to by this Act.”
Amendment to Waste Management (Miscellaneous Provisions) Regulations
12. The Waste Management (Miscellaneous Provisions) Regulations, 1998 ( S.I. No. 164 of 1998 ) are amended by the deletion of Regulation 5.
Amendment to Waste Licensing Regulations
13. The Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ) are amended as follows:
(1) In article 52(5) by the substitution of “shall review” for “may review”.
/images/ls
GIVEN under my Official Seal,
8 December 2008
JOHN GORMLEY.
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for the certification of historic unlicenced waste disposal sites in operation between 1977 and 1996, when our modern waste legislation came into effect. The regulations will provide for the registration of these facilities by the local authorities, the carrying out of a screening risk assessment of the sites and the determination of any remedial measures required (all of which will be the responsibility of the relevant local authority). These facilities will require a certificate of authorisation from the EPA. This certificate will determine the adequacy of the risk assessment and may specify further necessary measures to ensure the protection of the environment.
The Regulations also make a number of minor amendments to waste legislation to correctly transpose certain aspects of the Landfill Directive and to remove an obsolete provision relating to the requirement for a waste permit.
1 OJ L 114, 27.4.2006, p.9-21.
2 OJ L 20, 26.1.1980, p.43-48.
2 OJ L 20, 26.1.1980, p.43-48.
1 OJ L 114, 27.4.2006, p.9-21.
2 OJL 20, 26.1.1980, p.43-48.
S.I. No. 687/2011 –
European Union (Stage II Petrol Vapour Recovery during Refuelling of Motor Vehicles at Service Stations) Regulations 2011.
“Iris Oifigiúil” of 30th December, 2011.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2009/126/EC1 of the European Parliament and of the Council of 21 October 2009, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Stage II Petrol Vapour Recovery during Refuelling of Motor Vehicles at Service Stations) Regulations 2011.
Definitions
2. (1) In these Regulations—
“approved assessor” means a person approved by a competent authority in accordance with Regulation 9;
“competent authority” has the meaning assigned by Regulation 3;
“connected persons” means brothers, sisters, ancestors or lineal descendants, uncles, aunts, nieces or nephews;
“Directive” means Directive 2009/126/EC of the European Parliament and of the Council of 21 October, 2009, on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations;
“existing service station” means a service station which is built or for which an individual planning permission or a licence under Section 21 of the Dangerous Substances Act, 1972 (No. 10 of 1972) is granted before 1 January 2012;
“Local authority” means-
(a) a county council, and
(b) a city council,
within the meaning of the Local Government Act 2001 (No.37 of 2001);
“new service station” means a service station which is built or for which an individual planning permission or a licence under Section 21 of the Dangerous Substances Act, 1972 (No. 10 of 1972) is granted after 1 January 2012;
“Regulations of 1979” means the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 ( S.I. No. 311 of 1979 ).
“service station” means any installation where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks;
“Stage II petrol vapour recovery system” means equipment aimed at recovering the petrol vapour displaced from the fuel tank of a motor vehicle during refuelling at a service station and which transfers that petrol vapour to a storage tank at the service station or back to the petrol dispenser for resale; and
“throughput” means the total annual quantity of petrol unloaded from mobile containers into a service station.
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
Competent Authority
3. (1) Each local authority is a competent authority for the purpose of these Regulations and the Directive and shall be responsible for the enforcement of these Regulations within their functional area and shall take such steps as are necessary for this purpose.
(2) Not later than twelve months after the entry into effect of these Regulations, each competent authority shall, in respect of its functional area, establish and thereafter maintain a register of—
(a) service stations,
(b) the date of receipt of each application for a certificate of installation submitted under Regulation 7 and such contents of the application as it deems relevant,
(c) the date of issue of each certificate issued under Regulation 7 and such contents of the certificate as it deems relevant,
(d) the date of receipt of each report submitted under Regulation 10 and such contents of the report as it deems relevant,
(e) the date of issue of each certificate issued under Regulation 10 and such contents of the certificate as it deems relevant,
(f) the name and business address of the owner of the service station when submitted as part of an application for a certificate of installation or a certificate of testing or updated by the owner in accordance with Regulation 5(13).
(3) Each competent authority shall carry out, or cause to be carried out, such random inspections as it deems necessary or as may be required for the purposes of verifying compliance with these Regulations.
(4) The Minister may issue guidance from time to time on any aspect of the implementation of these Regulations.
Authorised Officers
4. (1) A competent authority may authorise in writing any person, hereinafter referred to as an “authorised officer”, for the purposes of these Regulations.
(2) An authorised officer may, for the purpose of insuring that these Regulations are being complied with—
(a) at all reasonable times, enter and inspect a service station,
(b) require any person involved in the operation of a service station or any equipment or other device at that service station to produce to him or her any books, documents or records (and in the case of such information in a non-legible form to reproduce it in permanent legible form) relating to the service station that are in the person’s power or control and to give to him or her such information as he or she may reasonably require in relation to the service station,
(c) inspect and take copies of, or take extracts from, any such books, documents or records, including in the case of information in a non-legible form a copy of or extract from such information in permanent legible form,
(d) inspect and copy or extract information from any data (within the meaning of the Data Protection Act 1988 ) found by or produced to the officer under this Regulation,
(e) carry out, or have carried out, such examinations, inspections or tests of the Stage II petrol vapour recovery system or other devices found on the service station as the officer considers appropriate and, if the officer so thinks fit, remove or have removed from there any equipment or other devices and retain them for a reasonable period to facilitate such examination, testing or inspection,
(f) examine any procedure connected with the manufacture, installation or maintenance of the Stage II petrol vapour recovery system,
(g) exercise such other powers as necessary to ensure that the Regulations are complied with, and
(h) exercise such other powers as necessary to carry out his or her functions.
(3) A person shall not obstruct an authorised officer exercising any powers under these Regulations and shall not wilfully withhold any information which an authorised officer may request for the purpose of these Regulations.
Stage II Petrol Vapour Recovery System Installation
5. (1) The owner of a new service station shall ensure that the new service station is equipped with a Stage II petrol vapour recovery system that satisfies the minimum specifications set out under Regulation 6 if—
(a) its actual or intended throughput is greater than 500 m3/year; or
(b) its actual or intended throughput is greater than 100 m3/year and it is situated under permanent living quarters or working areas.
(2) The owner of an existing service station shall ensure that a Stage II petrol vapour recovery system that satisfies the minimum specifications set out under Regulation 6 is installed at the time of the service station’s next major refurbishment after 1 January, 2012 if—
(a) its actual or intended throughput is greater than 500 m3/year; or
(b) its actual or intended throughput is greater than 100 m3/year and it is situated under permanent living quarters or working areas.
(3) For the purpose of Regulation 5(2), the competent authority shall determine what constitutes a major refurbishment.
(4) The owner of an existing service station shall not proceed with repairs that require written permission from a licensing authority under Regulation 47 of the Regulations of 1979, until such time as the competent authority provides the owner with written notification as to whether such works constitute a major refurbishment under Regulation 5(2).
(5) The competent authority shall make its determination under Regulation 5(3) and inform the owner of the service station not later than such time as the licensing authority informs the owner of the service station of its decision as to whether to grant permission to undertake repairs under Regulation 47 of the Regulations of 1979.
(6) Notwithstanding Regulations 5(1) and 5(2), the owner of a service station with a throughput in excess of 3,000 m3/year shall ensure that the service station is equipped with a Stage II petrol vapour recovery system that satisfies the minimum specifications set out under Regulation 6 by no later than 31 December 2018.
(7) Regulations 5(1), 5(2), 5(3), 5(4), 5(5) and 5(6) do not apply to service stations exclusively used in association with the construction and delivery of new motor vehicles the tanks of which are being filled with petrol for the first time only.
(8) The owner of a service station shall be responsible for ensuring that all details of installation, maintenance, examination, testing and repair work carried out for the Stage II petrol vapour recovery system are recorded in a log book.
(9) Where an automatic monitoring system has been installed to monitor the petrol vapour capture efficiency, it shall automatically detect faults in the proper functioning of the Stage II petrol vapour recovery system and in the automatic monitoring system itself, indicate faults to the service station operator and automatically stop the flow of petrol from the faulty dispenser if the fault is not rectified within seven days.
(10) Where an automatic monitoring system has not been installed to monitor the petrol vapour capture efficiency, it shall be the duty of the owner to ensure that a weekly check to verify the functionality of the Stage II petrol vapour recovery system using appropriate methods shall be undertaken and an inspection for torn, flattened or kinked hoses and damaged seals on vapour return lines shall be carried out. The details of the findings of these weekly tests and checks shall be entered in the log book.
(11) Where the results of monitoring under Regulation 5(9) or 5(10) indicate that the Stage II petrol vapour recovery system is not in compliance with Regulation 6, the owner shall-
(a) identify the cause of the non-compliance and take corrective action to ensure compliance as soon as possible,
(b) inform the competent authority of the non-compliance of the Stage II petrol vapour recovery system,
(c) record details regarding the cause and extent of the problem and actions taken to ensure compliance in the logbook, and
(d) retest the Stage II petrol vapour recovery system to demonstrate compliance as soon as possible using appropriate methods.
(12) Upon the installation of a Stage II petrol vapour recovery system, the owner of the service station shall register with the competent authority and submit an application for a certificate of installation in accordance with Regulation 7.
(13) It shall be the duty of the owner of a service station to inform the competent authority, as soon as is reasonably possible, of any changes to the contact details supplied in a certificate of installation or a certificate of testing, particularly the name and business address of the owner of the service station.
Minimum level of petrol vapour recovery
6. (1) The petrol vapour capture efficiency of all Stage II petrol vapour recovery systems installed under Regulation 5 shall be equal to or greater than 85% as certified by the manufacturer in accordance with relevant European technical standards or type approval procedures referred to in Article 8 of Directive 2009/126/EC or, if there are no such standards or procedures, with any relevant European Union or national standard.
(2) The vapour/petrol ratio of recovered petrol vapour being transferred to a storage tank at a service station by a Stage II petrol vapour recovery system installed under Regulation 5 shall be equal to or greater than 0,95 but less than or equal to 1,05.
Applications for Certificates of Installation
7. (1) An application for a certificate of installation in accordance with Regulation 5 shall be—
(a) submitted in writing, in the form prescribed in Part 1 of Schedule 1 to these Regulations to the competent authority in whose functional area the service station is located, and
(b) accompanied by the manufacturer’s and installer’s certification which demonstrates that the Stage II petrol vapour recovery system installed is in accordance with these Regulations.
(2) Where a competent authority is satisfied that the form submitted under Regulation 7(1) shows that the requirements of these Regulations with regard to the installation of a Stage II petrol vapour recovery system have been fulfilled, it shall issue a certificate of installation to that effect in the form set out in Part 2 of Schedule 1 to these Regulations.
(3) A competent authority may carry out such investigations as it considers necessary in relation to a form submitted under this Regulation in order to satisfy itself that the owner of a service station has fulfilled their obligations under these Regulations.
Fees
8. The competent authority may charge a fee which shall be no greater than the amount which the competent authority estimates it will incur in, or in connection with, carrying out or causing to be carried out, the functions referred to in Regulation 10 in respect of applications for certificates of testing.
Approved Assessor
9. (1) A competent authority shall approve such person or persons as it considers possess the appropriate knowledge, training and experience to perform the functions of an approved assessor under these Regulations.
(2) An approved assessor shall not carry out an inspection for the purposes of Regulation 10 of a service station—
(a) which is owned by him or her, or
(b) which is owned by a connected person, or
(c) which is to be sold or let by him or her or a connected person in their capacity as a sales or letting intermediary, or
(d) in respect of which he/she carried out a site suitability assessment as part of the planning process or provided advice regarding the selection or installation of that petrol vapour recovery system, or
(e) in any other circumstances in which they have a material or financial interest in the outcome of any inspection other than the fee charged for carrying out the inspection
(3) An approved assessor shall not engage in any works or processes necessary to be undertaken to ensure the service station is compliant for the purposes of the certificate of testing.
Certificate of Testing
10. (1) It shall be the duty of the owner to ensure that In-service petrol vapour recovery systems be tested by an approved assessor at least once each year, either by checking that the vapour/petrol ratio under simulated petrol flow conditions is in conformity with Regulation 6(2) or by any other appropriate methodology.
(2) It shall the duty of the owner to ensure that automatically monitored petrol vapour recovery systems be tested, by an approved assessor at least once every three years by checking that the vapour/petrol ratio under simulated petrol flow conditions is in conformity with Regulation 6(2) or by any other appropriate methodology.
(3) Where, following a test carried out in pursuance of this Regulation, an approved assessor is satisfied as to a service stations compliance with the requirements of Regulation 6 he or she shall submit a report to that effect to the competent authority in the form set out in Part 1 of Schedule 2 to these Regulations.
(4) Where, following a test carried out in pursuance of this Regulation, an approved assessor is not satisfied as to a service stations compliance with the requirements of Regulation 6-
(a) he or she shall submit a report to that effect to the competent authority and to the owner in the form set out in Part 2 of Schedule 2 to these Regulations,
(b) the report will include the measures or works necessary to ensure the compliance of the service station with these Regulations and also state a reasonable timeframe for undertaking such measures or works. It shall be the duty of the owner to implement any measures or works necessary to ensure the compliance of the service station with these Regulations within the timeframe stated on the report to the satisfaction of the approved assessor, and
(c) following the implementation of such measures or works, if the approved assessor is then satisfied as to a service stations compliance with the requirements of Regulation 6 he or she shall submit a report to that effect to the competent authority in the form set out in Part 1 of Schedule 2 to these Regulations.
(5) Where a competent authority is satisfied that a report submitted under this Regulation discloses that the requirements of Regulation 6 have been fulfilled it shall duly notify the owner of the relevant service station and shall, upon payment by the owner of the fee prescribed in Regulation 8, issue a certificate to that effect in the form set out in Part 3 of Schedule 2 to these Regulations.
(6) Where a competent authority is of the opinion that an assessor’s report does not fulfil the requirements of the Regulations it shall inform the owner of the service station to which the report relates as soon as is practicable of its refusal to issue a certificate under this Regulation and shall require the owner to comply with the requirements of these Regulations within a reasonable timeframe.
(7) A competent authority may carry out such investigations as it considers necessary in order to satisfy itself as to the fulfilment of the Regulations by a service station in relation to which a report has been submitted under this Regulation.
Consumer information
11. When a service station has installed a Stage II petrol vapour recovery system, it shall display a sign, sticker or other notification on, or in the vicinity of, the petrol dispenser, informing consumers of that fact.
Offences
12. Any person who contravenes any provision of these Regulations shall be guilty of an offence.
Offences by bodies corporate
13. (1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
Prosecutions
14. A prosecution for a summary offence under these Regulations may be taken by a competent authority.
Penalties
15. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 3 months or both.
(2) A person guilty of an offence under these Regulations is liable on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.
SCHEDULE 1
Part 1 — Application for Certificate of Installation
By the owner of a service station under the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011.
1. Name and business address of the owner of the service station:
2. Address of the service station if different from above:
3. I am applying for a certificate of installation for the above named installation under Regulation 7 of the above-named Regulations.
4. I enclose the report of the installer and manufacturer’s details for the above installation.
Signature………………………………………………………… Date…………………………….
SCHEDULE 1
Part 2 — Certificate of Installation Issued
By a competent authority in respect of a service station under the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011.
1. Name and business address of the owner of the service station:
2. Address of the service station if different from above:
3. Date of receipt of manufacturer’s and installer’s certification which demonstrates that the Stage II petrol vapour recovery system installed is in accordance with these Regulations:
4. Register Number:
5. Is the certificate signed by the installer-:
(Name of local authority) today …………………… (date) ………………… hereby certifies that the service station at ………………… owned by ————– complies with the provisions to install a Stage II Petrol vapour recovery system in accordance with the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011.
Stamp of Local Authority to be affixed here
Signature of Authorised Officer
Date of return of stamped certificate to applicant
SCHEDULE 2
Part 1 — Approved Assessor’s Report
Particulars to be included in a report by an approved assessor where a service station complies with the requirements of the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011.
1. Name of service station owner
2. Business address/registered office of owner
3. Address of service station (if different)
4. Service station throughput (largest total annual quantity loaded/unloaded at service station in three years preceding this installation of)
5. Date of testing
6. Brief description of tests carried out
7. Is this a first test for the purposes of these regulations- If not, state day, month and year of most recent test.
Declaration
I, ………………………………………………………….., hereby confirm that I have tested the above service station on ……………………………… (insert date) ……………………………… for compliance with the provisions of the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011 and to the best of my knowledge and belief this service station is in compliance with the said provisions.
Signed.
Qualification/Profession and Company
Address
Date
SCHEDULE 2
Part 2 — Approved Assessor’s Report for a non-compliant service station
Particulars to be included in a report by an approved assessor where a service station does not comply with the requirements of the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011.
1. Name of service station owner
2. Address/registered office of owner
3. Address of service station
4. Service station throughput (largest total annual quantity loaded/unloaded at service station in three years preceding this installation of)
5. Date of testing
6. Brief description of tests carried out
7. Is this a first test for the purposes of these regulations- If not, state day, month and year of most recent test.
Declaration
I, ………………………………………………, hereby confirm that I have tested the above service station on …………………. (insert date) …………………………….. for compliance with the provisions of the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011 and to the best of my knowledge and belief this service station is NOT in compliance with the said provisions.
The following measures / works must be undertaken by (date) ……………………………………… to ensure the compliance of this service station with these Regulations:
Signed.
Qualification/Profession and Company
Address
Date
SCHEDULE 2
Part 3 — Certificate of Testing Issued
By a competent authority in respect of a compliant service station under the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011
1. Date of receipt of approved assessors report
2. Register Number
3. Fee received (Tick)
4. Is the report signed by an approved assessor-
(Name of local authority) today ……………………………….. (date) ……………………… hereby certifies that the service station at …………………………………… owned by ………………………………… complies with the provisions of the European Union (Stage II Petrol Vapour Recovery during refuelling of motor vehicles at service stations) Regulations 2011 and this certificate shall be valid for a period of not more than one / three (delete as appropriate) years until ………………………………………….. (date) …………………………………………. .
Stamp of Local Authority to be affixed here
Signature of Authorised Officer
Date of return of stamped certificate to applicant
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Given under my Official Seal,
21 December 2011.
PHIL HOGAN,
Minister for the Environment Community and Local Government.
EXPLANATORY NOTE
(This is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations introduce measures aimed at reducing the amount of petrol vapour emitted to the atmosphere during the refuelling of motor vehicles at service stations and transpose Directive 2009/126/EC of the European Parliament and of the Council of 21 October, 2009, on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations.
The Regulations provide that new service stations which meet either of the following two criteria will be required to be equipped with Stage II Petrol Vapour Recovery (PVRII) systems to recover Volatile Organic Compounds (VOC) during refuelling of vehicles:
• throughput >100m3 (or 100,000 litres) and situated under living or working quarters
• throughput >500m3 (or 500,000 litres)
The Regulations also provide that existing service stations are required to install PVRII systems when undergoing their next major refurbishment after 1 January, 2012 if they meet either of the following two criteria:
• throughput >100m3 (or 100,000 litres) and situated under living or working quarters
• throughput >500m3 (or 500,000 litres)
In addition, the Directive requires that service stations with a throughput >3,000m3 (or 3,000,000 litres) will be required to install PVRII technology by 31 December, 2018 at the latest (or sooner if undergoing a major refurbishment before that date).
Owners of service stations are required to apply to their local authority for a certificate of installation after installing the PVRII system and to organise for the system to be tested periodically as appropriate by an approved assessor. Owners of service stations must also obtain a certificate of testing from their local authority. Such certificates may be issued following the receipt of a report by an approved assessor which indicates that the service station is in compliance with the requirement that petrol vapour capture efficiency of the PVRII systems is equal to or greater than 85%.
A person guilty of an offence under these Regulations is liable on summary conviction to a Class A fine under the Fines Act 2010 (€5,000 as at 01 January 2012) or imprisonment for a term not exceeding 3 months or both. A person guilty of an offence under these Regulations is liable on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.
1 O.J. L285, 31.10.2009, p.36
S.I. No. 129/2016 –
European Union (Stage II Petrol Vapour Recovery During Refuelling of Motor Vehicles at Service Stations) (Amendment) Regulations 2016.
I, ALAN KELLY, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2009/126/EC1 of the European Parliament and of the Council of 21 October 2009, as amended by Commission Directive 2014/99/EU2 of 21 October 2014, hereby make the following Regulations:
1. These Regulations may be cited as the European Union (Stage II Petrol Vapour Recovery During Refuelling of Motor Vehicles at Service Stations) (Amendment) Regulations 2016.
2. These Regulations come into effect on 13 May 2016.
3. The European Union (Stage II Petrol Vapour Recovery During Refuelling of Motor Vehicles at Service Stations) Regulations 2011 ( S.I. No. 687 of 2011 ) are amended—
(a) In Regulation 6, by substituting the following for paragraph (1):
“The petrol vapour capture efficiency of all Stage II petrol vapour recovery systems installed under Regulation 5 shall be equal to or greater than 85% as certified by the manufacturer in accordance with Standard EN 16321-1:2013.”
(b) In Regulation 10, by substituting the following for paragraph (1):
“It shall be the duty of the owner to ensure that the in-service petrol vapour capture efficiency of Stage II petrol vapour recovery systems be tested by an approved assessor at least once each year in accordance with Standard EN 16321-2:2013.”
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GIVEN under my Official Seal,
8 March 2016.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations transpose Commission Directive 2014/99/EU amending Directive 2009/126/EC of the European Parliament and of the Council relating to Stage II petrol vapour recovery during refueling of motor vehicles at service stations.
These Regulations amend the European Union (Stage II Petrol Vapour Recovery During Refuelling of Motor Vehicles at Service Stations) Regulations 2011. The amendments update the Regulations to refer to the latest CEN standards.
1 O.J. L285, 31.10.2009, p.36
2 O.J. L304, 23.10.2014, p.89
S.I. No. 372/2016 –
European Union (Waste Directive) (Recovery Operations) Regulations 2016.
PART I
PRELIMINARY AND GENERAL
1. Citation
2. Interpretation
3. Entry into Force
PART II
AMENDMENT OF THE ACT OF 1996
4. Substitution of the Fourth Schedule of the Act of 1996
S.I. No. 372 of 2016
EUROPEAN UNION (WASTE DIRECTIVE) (RECOVERY OPERATIONS) REGULATIONS 2016
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 19th July, 2016.
I, SIMON COVENEY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, hereby make the following regulations:
PART I
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the European Union (Waste Directive) (Recovery Operations) Regulations 2016.
Interpretation
2. (1) In these Regulations—
“Act of 1996” means the Waste Management Act 1996
Entry into Force
3. These Regulations shall come into operation on 31st July 2016
PART II
AMENDMENT OF THE ACT OF 1996
Substitution of the Fourth Schedule of the Act of 1996
4. The Act of 1996 is amended by substituting the following Schedule for the Fourth Schedule:
“FOURTH SCHEDULE
RECOVERY OPERATIONS
Section 4(1)
R 1 Use principally as a fuel or other means to generate energy: This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above:
— 0.60 for installations in operation and permitted in accordance with applicable Community acts before 1 January 2009,
— 0.65 for installations permitted after 31 December 2008,
using the following formula, applied in accordance with the reference document on Best Available Techniques for Waste Incineration:
Energy efficiency = (Ep — (Ef + Ei)/ (0.97x(Ew+Ef)
where—
‘Ep’ means annual energy produced as heat or electricity and is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1(GJ/year),
‘Ef’ means annual energy input to the system from fuels contributing to the production of steam (GJ/year),
‘Ew’ means annual energy contained in the treated waste calculated using the net calorific value of the waste (GJ/year),
‘Ei’ means annual energy imported excluding Ew and Ef (GJ/year), ‘0.97’ is a factor accounting for energy losses due to bottom ash and radiation.
The energy efficiency formula value will be multiplied by a climate correction factor (CCF) shown below:
1. CCF for installations in operation and permitted in accordance with applicable Union legislation before 1September 2015.
CCF = 1 if HDD greater than or equal to3350
CCF = 1.25 if HDD less than or equal to 2150
CCF = — (0.25/1200) HDD + 1.698 when greater than 2150 and less than 3350
2. CCF for installations permitted after 31 August 2015 and for installations under paragraph 1 above after 31 December 2029:
CCF = 1 if HDD greater than or equal to 3350
CCF = 1.12 if HDD less than or equal to 2150
CCF = — (0.12/1200) HDD + 1.335 when greater than 2150 and less than 3350
(The resulting value of CCF will be rounded at three decimal places).
The value of HDD (Heating Degree Days) should be taken as the average of annual HDD values for the incineration facility location, calculated for a period of 20 consecutive years before the year for which CCF is calculated. For the calculation of the value of HDD the following method established by Eurostat should be applied: HDD is equal to (18°C — Tm) d if Tm is lower than or equal to 15°C (heating threshold) and is nil if Tm is greater than 15°C; where Tm is the mean (Tmin+Tmax/2) outdoor temperature over a period of d days.
Calculations are to be executed on a daily basis (d= 1), added up to a year.
R 2 Solvent reclamation/regeneration
R 3 Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes), which includes gasification and pyrolisis using the components as chemicals
R 4 Recycling/reclamation of metals and metal compounds
R 5 Recycling/reclamation of other inorganic materials, which includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials
R 6 Regeneration of acids or bases
R 7 Recovery of components used for pollution abatement
R 8 Recovery of components from catalysts
R 9 Oil re-refining or other reuses of oil
R 10 Land treatment resulting in benefit to agriculture or ecological improvement
R 11 Use of waste obtained from any of the operations numbered R 1 to R 10
R 12 Exchange of waste for submission to any of the operations numbered R 1 to R 11 (if there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as, amongst others, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11)
R 13 Storage of waste pending any of the operations numbered R 1 to R 12 (excluding temporary storage (being preliminary storage according to the definition of ‘collection’ in section 5(1)), pending collection, on the site where the waste is produced).”
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GIVEN under my Official Seal,
14 July 2016.
SIMON COVENEY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations provide for measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use and transpose Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives.
In particular, these Regulations provide for the transposition of Commission Directive (EU) No. 2015/1127 of 10 July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain directives.