Waste Facilities
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
Repeals and revocations.
6.—(1) Each enactment mentioned in column (2) of Part I of the Fifth Schedule is hereby repealed to the extent specified in column (3) of the said Part.
(2) Each statutory instrument mentioned in column (2) of Part II of the Fifth Schedule is hereby revoked to the extent specified in column (3) of the said Part.
Regulations, orders and directions.
7.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.
(2) Regulations made under this Act may make different provisions in relation to different areas, different circumstances, different classes of persons or waste and different waste management or other activities.
(3) A regulation under this Act (other than a regulation under section 7 (6), 39 (8) or 62) or an order under this Act (other than an order under F41[section 1(2), 8, 69(1) or 72(12)] or an order under subsection (5) amending or revoking an order under section 8 or 69 (1)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(4) Where regulations under section 7 (6), 39 (8) or 62, or an order under section 8 or 69 (1) or an order under subsection (5) amending or revoking such an order, is or are proposed to be made, a draft of the regulations or the order, as the case may be, shall be laid before each House of the Oireachtas and the regulations or order shall not be made until a resolution approving of the draft has been passed by each such House.
(5) (a) The Minister may by order amend or revoke an order made by him or her under this Act F41[(other than an order under section 72(12) but including an order under this paragraph)] and by direction amend or revoke a direction given by him or her under this Act (including a direction under this paragraph).
(b) The Agency may by direction amend or revoke a direction given by it under this Act (including a direction under this paragraph).
(c) An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking.
(6) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation, and any such regulations may modify any provision of this or any other enactment so far as may be necessary or expedient for the purposes aforesaid but no regulations may be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision.
Annotations
Amendments:
F41
Inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 10, commenced on enactment.
Editorial Notes:
E18
Power pursuant to section exercised (9.02.2022) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022 (S.I. No. 51 of 2022).
E19
Power pursuant to section exercised (30.12.2020) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020 (S.I. No. 738 of 2020).
E20
Power pursuant to section exercised (20.12.2019) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019 (S.I. No. 684 of 2019).
E21
Power pursuant to section exercised (11.09.2019) by Waste Management (Facility Permit And Registration) (Amendment) Regulations 2019 (S.I. No. 250 of 2019), in effect as per reg. 1(2).
E22
Power pursuant to section exercised (12.04.2019) by Waste Management (Landfill Levy) (Amendment) Regulations 2019 (S.I. No. 182 of 2019).
E23
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.
E24
Power pursuant to section exercised (19.12.2017) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. No. 599 of 2017).
E25
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E26
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).
E27
Power pursuant to section exercised (1.10.2017) by Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017), in effect as per reg. 2.
E28
Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).
E29
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E30
Power pursuant to section exercised (24.11.2015) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. No. 538 of 2015).
E31
Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).
E32
Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).
E33
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E34
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.
E35
Power pursuant to section exercised (25.11.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 546 of 2014).
E36
Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).
E37
Power pursuant to section exercised (18.12.2013) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. No. 504 of 2013).
E38
Power pursuant to section exercised (13.07.2010) by Waste Management (Licensing) (Amendment) Regulations 2010 (S.I. No. 350 of 2010), in effect as per reg. 2.
E39
Power pursuant to section exercised (1.03.2010) by Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010), in effect as per reg. 1(2).
E40
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E41
Power pursuant to section exercised (27.07.2009) by Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009 (S.I. No. 286 of 2009).
E42
Power pursuant to section exercised (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), in effect as per reg. 1(2).
E43
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).
E44
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).
E45
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.
E46
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).
E47
Power pursuant to section exercised (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007), in effect as per reg. 3.
E48
Power pursuant to section exercised (20.02.2007) by Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007), in effect as per reg. 3.
E49
Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).
E50
Power pursuant to section exercised (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), in effect as per reg. 2.
E51
Power pursuant to section exercised (30.12.2004) by Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004), in effect as per reg. 1(2).
E52
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E53
Power pursuant to section exercised (9.10.2003) by Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003 (S.I. No. 478 of 2003).
E54
Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.
E55
Power pursuant to section exercised (19.12.2001) by Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001).
E56
Power pursuant to section exercised (14.09.2001) by Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001).
E57
Power pursuant to section exercised (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), in effect as per reg. 1(2).
E58
Power pursuant to section exercised (30.06.2001) by Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations 2001 (S.I. No. 267 of 2001), in effect as per reg. 1(3).
E59
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E60
Power pursuant to section exercised (1.05.2000) by Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000), in effect as per reg. 1(2).
E61
Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).
E62
Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.
E63
Power pursuant to section exercised (20.05.1998) by Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 (S.I. No. 148 of 1998), in effect as per reg. 1(2).
E64
Power pursuant to section exercised (20.05.1998) by Waste Management (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 146 of 1998), in effect as per reg. 1(2).
E65
Power pursuant to section exercised (30.04.1997) by Waste Management (Register) Regulations 1997 (S.I. No. 183 of 1997).
E66
Power pursuant to section exercised (27.03.1997) by Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997).
E67
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.
E68
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.
E69
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).
E70
Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E71
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E72
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.
E73
Previous affecting provision: power pursuant to section exercised (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.
E74
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.
E75
Previous affecting provision: power pursuant to section exercised (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.
E76
Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.
E77
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E78
Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E79
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).
E80
Previous affecting provision: power pursuant to section exercised (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.
E81
Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3, subject to transitional provision and construed as per reg. 36(2) and (3).
E82
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).
E83
Previous affecting provision: pursuant to section exercised (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 (S.I. No. 66 of 2007), in effect as per reg. 3; revoked on same date (1.07.2007) by Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007), reg. 6, in effect as per reg. 3.
E84
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.
E85
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
E86
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005); revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), reg. 35(1), in effect as per reg. 34; subject to transitional provision and construed as per reg. 35(2) and (3).
E87
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
E88
Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E89
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.
E90
Previous affecting provision: pursuant to section exercised (30.11.2001) by Waste Management (Collection Permit) (Amendment) Regulations 2001 (S.I. No. 540 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art. 2(1) and sch. 1, in effect as per art. 1(2); subject to transitional provision in art. 2(2).
E91
Previous affecting provision: power pursuant to section exercised (14.09.2001) by Waste Management Act 1996 (Prescribed Date) Order 2001 (S.I. No. 345 of 2001); superseded (14.09.2001) by Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001).
E92
Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E93
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2 and sch. 1, in effect as per reg. 1(2).
E94
Previous affecting provision: power pursuant to section exercised (1.12.1998) by Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998), in effect as per reg. 1(2); rendered obsolete by revocation of S.I. No. 242 of 1997, see below.
E95
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 3(1) and sch. 1, in effect as per reg. 2; subject to transitional provisions in reg. 3(2), (3), and (4).
E96
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998), in effect as per reg. 1(2); revoked (12.07.2007) by Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007), reg. 12, in effect as per reg. 1(2).
E97
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998), in effect as per reg. 1(2); revoked (31.12.2011) by European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 (S.I. No. 324 of 2011), reg. 19(2), in effect as per reg. 19(2).
E98
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E99
Previous affecting provision: pursuant to section exercised (1.08.1997) by Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997), in effect as per reg. 1(2); revoked (23.07.2001) by Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001), reg. 31, in effect as per reg. 1(2); subject to transitional provision in reg. 32.
E100
Previous affecting provision: pursuant to section exercised (1.07.1997) by Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997), in effect as per reg. 3; revoked (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), reg. 29, in effect as per reg. 3; subject to transitional provisions in reg. 30.
E101
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
Orders in relation to Third Schedule or Fourth Schedule.
8.—The Minister may make an order amending the Third Schedule or the Fourth Schedule by adding or deleting anything to or from either of the said Schedules.
Interpretation (Part V).
37.—In this Part, unless the context otherwise requires—
“civic waste facility” shall be construed in accordance with section 38 (2);
“waste licence” includes a revised waste licence under section 46 (2).
F131[
Principles of self-sufficiency and proximity.
37A.(1)(a) In carrying out their respective functions under this Act and related waste prevention and management legislation and policy, the Minister (in cooperation with other Member States where this is necessary or advisable), the Agency, An Bord Pleanála and the local authorities shall take appropriate measures to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques.
(b)(i) By way of derogation from the TFS Regulation, Dublin City Council may, following consultation with the Agency and any local authority concerned, in carrying out their respective functions under this Act in order to protect the national network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with waste management plans.
(ii) Dublin City Council shall notify the Commission of any such decision.
(iii) Dublin City Council may also limit outgoing shipments of waste on environmental grounds as set out in the TFS Regulation.
(2) The network shall be designed to enable the Community as a whole to become self-sufficient in waste disposal as well as in the recovery of waste referred to in subsection (1), and to enable the State to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste.
(3) The network shall enable waste to be disposed of or waste referred to in subsection (1) to be recovered in one of the nearest appropriate installations, by means of the most appropriate methods and technologies, in order to ensure a high level of protection for the environment and public health.
(4) The principles of proximity and self-sufficiency shall not mean that the State has to possess the full range of final recovery facilities within the State.]
Annotations
Amendments:
F131
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 17.
Waste management facilities.
38.—(1) A local authority shall provide and operate, or arrange for the provision and operation of, such facilities as may be necessary for the recovery and disposal of household waste arising within its functional area.
(2) A local authority may provide and operate, or may arrange for or facilitate the provision and operation of—
(a) civic waste facilities, that is to say, facilities at which waste may be deposited by members of the public, and
(b) other facilities for—
(i) the segregation, mixing, baling, storage or treatment of waste prior to its recovery or disposal,
(ii) the recovery of waste, or
(iii) the disposal of waste (other than household waste).
(3) Without prejudice to the provisions of subsection (2), a local authority, having made an examination of the matter, shall provide, or arrange for the provision of, such facility or facilities as appears or appear to it to be necessary and reasonable at which vehicles may be discarded.
(4) For the purpose of subsections (1), (2) and (3), a local authority may enter into an agreement or otherwise make arrangements with any other local authority or other person for the recovery or disposal of waste by such authority or person on its behalf, or the joint provision or operation by it and that other authority or person, of any relevant facility.
F132[(5) Neither the provisions of this section nor the repeal of any enactment mentioned in Part I of the Fifth Schedule shall prejudice—
(a) the continued operation of waste disposal facilities by the corporation of a borough (other than a county borough) or the council of an urban district, or
(b) the use of such facilities by such a corporation or council at a more intensive level than the level of the use that was being made of them on the commencement of this section (whether the more intensive use is constituted by an increased input of waste into the facilities or the use of a larger proportion of the facilities than was being used on the commencement of this section or otherwise),
if—
(i) in a case falling solely within paragraph (a), the said facilities were in operation upon the commencement of this section, and
(ii) in a case falling within paragraphs (a) and (b), subparagraph (i) is complied with and the use of the facilities at that more intensive level is provided for in the waste management plan in force in relation to the borough or urban district concerned.]
F133[(5A)(a) It shall be the duty of waste producers and holders to ensure that, where recovery in accordance with section 29(2A)(a) is not undertaken, waste undergoes safe disposal operations which meet the requirements of section 32(1) on the protection of human health and the environment.
(b) A person who contravenes paragraph (a) shall be guilty of an offence.
(c) The Agency and the local authorities shall, in carrying out their functions under this Act, take the necessary measures to ensure that waste undergoes recovery operations in accordance with this section.]
(6) The Minister may take such measures as seem to him or her to be appropriate to promote and support the establishment of such facilities for the good management, including the recovery or disposal, of waste as he or she may consider to be necessary or desirable, and without prejudice to the generality of the foregoing, may for the purpose of this subsection provide, with the consent of the Minister for Finance, grants or other forms of financial assistance in respect of the establishment of such facilities.
(7) (a) Where it appears to a local authority or the Agency that it is necessary so to do for the purpose of the effective and orderly disposal of waste, a local authority or the Agency may, in such circumstances and subject to such conditions as may be prescribed, require a holder or producer of any class or classes of waste, other than household waste, to dispose, or arrange for the disposal, of that waste, in such manner, under such conditions and at such appropriate waste disposal facility as may be specified by it.
(b) A person who fails to comply with a requirement under this subsection shall be guilty of an offence.
(8) The Agency shall classify facilities that exist in the State for the disposal of waste in such manner and having regard to such criteria as may be prescribed.
(9) For the purpose of subsection (2), other than paragraph (b) (iii), and subsection (3), “local authority” includes, as appropriate, the corporation of a borough of any kind and the council of an urban district.
(10) Section 3 (c) of the Derelict Sites Act, 1990, is hereby amended by the addition of “or under” after “conferred by”.
(11) (a) A person shall not deposit or discard waste at a facility provided by a local authority under this section otherwise than in accordance with any conditions for the time being standing specified by the local authority as respects the nature, type and quantity of waste that may be so deposited or discarded or the use otherwise of such a facility.
(b) A local authority shall take such steps as are reasonable to bring to the notice of members of the public any conditions for the time being standing specified by it for the purposes of paragraph (a).
(c) A person who contravenes paragraph (a) shall be guilty of an offence.
(d) Subject to paragraph (e), waste deposited or discarded at a facility provided by a local authority under this section shall become the property of the authority.
(e) Without prejudice to paragraph (c), where a person deposits or discards waste in contravention of paragraph (a)—
(i) the waste shall not become the property of the local authority concerned unless it decides to assume ownership of the waste,
(ii) any expenses incurred by the local authority concerned in recovering or disposing, or arranging for the recovery or disposal, of the waste shall be recoverable by it from the person as a simple contract debt in any court of competent jurisdiction.
Annotations
Amendments:
F132
Substituted (17.07.2001) by Waste Management (Amendment) Act 2001 (10/1996), s. 7, commenced on enactment.
F133
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 17.
Modifications (not altering text):
C16
Functions transferred and reference 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:
E397
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E398
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
Requirement to hold waste licence.
39.—(1) Subject to subsections (4) and (7), a person shall not dispose of or undertake the recovery of waste F134[(including the treatment of waste)] at a facility, on or after such date as may be prescribed, save under and in accordance with a licence under this Part (in this Act referred to as a “waste licence”) that is in force in relation to the carrying on of the activity concerned at that facility.
(2) For the purpose of subsection (1), different dates may be prescribed in respect of different waste disposal or recovery activities, different classes of facility and different classes of waste.
(3) The recovery or disposal of waste shall, in the period before a waste licence in relation to such recovery or disposal is granted or refused, be deemed not to have contravened the provisions of this Part if, before the date prescribed under subsection (1) in respect of the activity concerned—
(a) an application has been made for a waste licence in respect of that activity and the requirements of regulations under sections 45 and 50 in relation to the application for a waste licence have been complied with by the applicant therefor, and
(b) in the case of a disposal of waste, other than one carried out by a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, it is carried out in accordance with a permit issued under the European Communities (Waste) Regulations, 1979, F135[…] the European Communities (Toxic and Dangerous Waste) Regulations, 1982, F136[or the European Communities (Waste Oils) Regulations, 1992,] as appropriate.
F137[(4) The Minister may by regulations provide that subsection (1) shall not apply in respect of the recovery or disposal in a specified manner of a specified class or classes of waste F138[including a class or classes of household waste], if and for so long as the person carrying out the recovery or disposal of the waste, as the case may be, complies with specified conditions in relation to the carrying out of such recovery or disposal.
(5) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions in relation to the following matters—
(a) the quantity of waste concerned which may be recovered or disposed of in a particular period,
F139[(aa) the nature or quantity of the waste, who delivers it for disposal or recovery or whether it is segregated,
(ab) a specified class or classes of facility where waste shall be delivered for disposal or recovery,
(ac) a specified class or classes of activity that shall be carried out at a place where waste shall be delivered for disposal or recovery,]
(b) the use of the best available techniques to prevent or eliminate or, where that is not practicable, to limit, abate or reduce, an emission from the recovery or disposal activity concerned,
(c) a requirement that the person concerned obtain from a local authority or the Agency a waste permit or such other authorisation or certificate as may be prescribed in respect of the carrying on by him or her of the activity concerned,
(d) the specification of controls to be exercised or measures to be taken by a local authority or the Agency in relation to the carrying on of an activity in respect of which such a permit, authorisation or certificate is required (which controls and measures a local authority or the Agency is hereby empowered to exercise or take, as the case may be),
(e) a requirement regarding the payment to a local authority or the Agency of a fee of a specified amount in respect of an application for such a permit, authorisation or certificate, or of such charges as are necessary to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the local authority or the Agency in relation to such application,
(f) where a question arises as to whether or not a particular waste recovery or disposal activity falls within regulations under subsection (4), enabling the Agency to determine that question and providing that that determination of the Agency shall be final,
(g) such other matters as the Minister considers are appropriate to ensure that the recovery or disposal activity concerned will not cause environmental F140[pollution,]]
F141[(h) specifying conditions in relation to such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purpose of this subsection, subsection (5A), (5B) or (5C).]
F142[(5A) Without prejudice to the generality of subsection (4), regulations under that subsection providing for an exemption from waste licensing requirements, in relation to the disposal of non-hazardous waste at the place of production or in relation to the recovery of waste, through a process of certification shall ensure compliance with—
(a) general rules—
(i) ensuring that environmental pollution is not caused by the disposal or recovery activity,
(ii) specifying the types and quantities of waste covered by an exemption in relation to the carrying out of each type of such recovery or disposal activity,
(iii) specifying the method of treatment to be used,
(iv) ensuring that disposal operations should consider best available techniques,
and
(b) specific conditions for exemptions relating to hazardous waste specifying—
(i) the types of activity,
(ii) any other necessary requirements for carrying out the different forms of recovery,
(iii) where relevant, the limit values for the content of hazardous substances in the waste as well as emission limit values.]
F143[(5B) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c) specifying requirements in relation to—
(a) the weighing of household waste accepted by a facility,
(b) reporting, to specified persons, the weight of household waste accepted by a facility,
(c) subject to subsection (5C), charging of fees for acceptance of household waste, and services for its recovery or treatment,
(d) in relation to the acceptance of household waste, preparing and publishing a customer charter and its form and content,
(e) providing separate receptacles for different household waste or classes of household waste,
(f) providing to a local authority or nominated authority under section 34(1)(aa)(ii) —
(i) details of persons with regard to the deposition of separate collection of household waste,
(ii) details of persons who choose not to partake in the deposition of separate collection of household waste,
(iii) details of when household waste was last deposited, and
(iv) written confirmation of the structure of the fees being charged to persons depositing the household waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the deposition of household waste,
(g) as respects contamination that may be caused by the incorrect segregation of household waste in receptacles for segregated household waste:
(i) monitoring by a holder of levels of contamination;
(ii) recording and maintaining specified data on levels of contamination;
(iii) training to be provided for staff of a holder in relation to monitoring contamination;
(iv) protocols and procedures in the event that such contamination is detected by the holder, including informing the person who delivers the household waste to the facility being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their waste (“person who delivers household waste”) or refusing to accept the waste,
and
(h) where a weighing system is used to determine weight-based collection charges, the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste permit or such other authorisation of certificate referred to in subsection (5)(c).
(5C) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations under subsection (4), specify a condition to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c), specifying a requirement that the holder of such waste permit or such other authorisation of certificate (“holder”) shall charge fees for accepting household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the holder’s facility by the person who delivers household waste.
(b) Regulations under paragraph (a) shall provide for the means by which fees for accepting waste shall be calculated by a holder and shall—
(i) require a holder to charge a fee for each kilogramme of household waste accepted by the holder,
(ii) prohibit a holder from charging any form of fee other than that referred to at subparagraph (i), and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted, and
(iii) require a holder to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.
(c) (i) For the purposes of paragraph (b)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder from the person who delivers household waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.
(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).
(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.]
(6) The Minister may by regulations—
(a) require the producer of a specified class or classes of waste, other than household waste, to—
(i) comply with specified conditions in relation to the treatment or temporary storage by him or her of the waste at the premises where it is produced, including the obtaining of the prior written consent of the relevant local authority to such treatment or storage,
(ii) make a plan with respect to the taking of such measures, in the event of an incident occurring that involves the loss or release of the waste, as will prevent or minimise the risk of environmental pollution therefrom,
(iii) effect and maintain a policy of insurance insuring him or her to a specified extent as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the production or holding of the waste,
(b) enable a local authority to attach specified conditions to a consent granted by it pursuant to regulations under paragraph (a) (i) and to revoke such a consent where any of the conditions so attached are not complied with,
(c) specify a maximum period for which the waste may be stored as aforesaid and deem storage of the waste beyond that period to be a disposal or recovery, as appropriate, F144[of the waste,]
F145[(d) prohibit, or limit to a specified extent, the recovery or disposal of a specified class or classes of waste in a specified manner or in a specified class or classes of facility.]
(7) F146[Subsection (1)] shall not apply in respect of—
F147[(a) the recovery or disposal of waste at a facility referred to in F148[paragraph 7.7.1, 7.7.2 or 11.1] of the First Schedule to the Act of 1992,]
(b) household waste produced and disposed of within the curtilage of the same dwelling,
(c) the deposit of litter in a litter bin,
(d) F149[…],
(e) the transfer of waste to a local authority, the corporation of a borough that is not a county borough, the council of an urban district or any other person for the purpose of its being recovered or disposed of in accordance with this Act or a licence or revised licence under Part IV of the Act of 1992, F150[and]
(f) F151[…]
(g) such other activities as may be prescribed.
(8) The Minister may make regulations amending the First Schedule to the Act of 1992 by the addition thereto, subject to such modifications, if any, as he or she may determine and specifies in the regulations, of any of the activities specified in the Third Schedule or the Fourth Schedule.
(9) A person who contravenes subsection (1) or a provision of regulations under subsection (4) or (6) shall be guilty of an offence.
Annotations
Amendments:
F134
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg 19(a).
F135
Deleted (19.05.1998) by European Communities (Amendment of Waste Management Act, 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 4(a).
F136
Inserted (19.05.1998) by European Communities (Amendment of Waste Management Act, 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 4(b).
F137
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 33(a), S.I. No. 393 of 2004.
F138
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(a), S.I. No. 358 of 2015.
F139
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(b)(i), S.I. No. 358 of 2015.
F140
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(b)(ii), S.I. No. 358 of 2015.
F141
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(b)(iii), S.I. No. 358 of 2015.
F142
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 19(b).
F143
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 40(c), S.I. No. 358 of 2015.
F144
Substituted (17.07.2017) by Waste Management (Amendment) Act 2001 (36/2001), s. 8(a), commenced on enactment.
F145
Inserted (17.07.2017) by Waste Management (Amendment) Act 2001 (36/2001), s. 8(b), commenced on enactment.
F146
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 19(c)(i).
F147
Inserted (17.07.2017) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(2), commenced on enactment.
F148
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 33(b), S.I. No. 393 of 2004.
F149
Deleted (19.05.1998) by European Communities (Amendment of Waste Management Act, 1996) Regulations 1998 (S.I. No. 166 of 1998), reg. 4(e).
F150
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 19(c)(ii).
F151
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 19(c)(iii).
Modifications (not altering text):
C17
Application of subs. (1) restricted (26.09.2008) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 44(1) and (2), in effect as per reg. 44(1).
Non-application of section 39(1) of the Act
44. (1) Without prejudice to regulation 21(1)(b)(ii), on and from 26 September 2008, section 39(1) of the Act shall not apply in respect of the temporary storage of waste batteries at a—
(a) place where batteries are distributed, or a facility used by a distributor for the storage of batteries prior to their distribution, and where the quantities of waste batteries being stored at any one time does not exceed—
(i) 2,500 kg of waste batteries other than waste specified in paragraph (ii) or, as appropriate,
(ii) 250 kg of waste portable batteries provided they were accepted free of charge in accordance with the provisions of regulation 21, are managed in accordance with the provisions of regulation 22, and that such a place is registered and inspected or exempted from registration in accordance with the provisions of regulation 42,
(b) workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of regulation 25(c)(i)(A) and where the quantities being stored at any one time does not exceed 250 kg of waste portable batteries, or
(c) place owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, designated as a collection point by a local authority in accordance with the provisions of regulation 25(c)(i)(B) and where the quantities being stored at any one time does not exceed—
(i) 500 kg of waste batteries, other than waste specified in paragraph (ii) or, as appropriate,
(ii) 50 kg of waste portable batteries.
(2) The exemptions provided for in sub-regulation(1) shall not apply—
(a) to contaminated waste batteries that presents a health and safety risk, and
(b) unless the waste batteries will be eventually—
(i) treated at an appropriate facility in accordance with the requirements set out in Part A, and
(ii) recycled at an appropriate facility in accordance with the requirements set out in Part B of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.
C18
Application of subs. (1) restricted (29.03.2014) by European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014), reg. 42, in effect as per reg. 45; subject to limitation as provided in reg. 4.
Non-application of section 39(1) of the Act
42. (1) Without prejudice to regulation 14(1)(b), section 39(1) of the Act of 1996 shall not apply in respect of the temporary storage of waste electrical and electronic equipment at a place—
(a) where electrical and electronic equipment is distributed, or a facility used by a distributor for the storage of electrical and electronic equipment prior to its distribution, and where the quantities of waste electrical and electronic equipment being stored at any one time does not exceed—
(i)45 cubic metres of household waste electrical and electronic equipment, other than waste specified in paragraphs (ii) and (iii),
(ii)1,000 units of waste electrical and electronic equipment listed in category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations or,
(iii)25 kgs of mobile phones.
provided it is managed in accordance with the provisions of regulation 15, and that such a place is registered and inspected in accordance with the provisions of regulation 40, or
(b) owned or occupied by a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number and where the quantities being stored at any one time does not exceed—
(i)90 cubic metres of household waste electrical and electronic equipment other than waste electrical and electronic equipment listed in category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations and waste specified in paragraph (ii),
(ii)50 kgs of mobile phones,
(2) The exemptions provided for in sub-regulation (1) shall not apply—
(a) to contaminated waste electrical and electronic equipment that presents a health and safety risk,
(b) unless storage of the waste electrical and electronic equipment is in accordance with the technical requirements as set out in Schedule 8,
(c) unless the waste electrical and electronic equipment will be prepared for re-use or eventually treated at an authorised facility in accordance with the technical requirements as set out in Schedule 9.
(3) Waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles, may be accepted and stored at a collection point pending onward transport to an authorised facility, or a temporary facility established with the approval of, or designated by, the appropriate local authority, to which members of the public have access for the deposit of waste electrical and electronic equipment from private households, where—
(a) the quantities of waste electrical and electronic equipment being stored at any one time do not exceed—
(i)540 cubic metres of waste electrical and electronic equipment from private households, other than waste specified in paragraphs (ii) and (iii).
(ii)12,000 units of waste electrical and electronic equipment listed in Category 5 of Schedule 1 without prejudice to regulation 4(1)(b) of these Regulations or, as appropriate,
(iii)300 kgs of mobile phones, and
(b) the waste electrical and electronic equipment shall be stored for a period not exceeding 30 days.
(4) Sub-regulation 3 shall only apply where—
(a) the restrictions imposed on the sources, maximum quantities and duration of storage of waste electrical and electronic equipment from private households are not exceeded at any time, and a—
(i) licensed or, as appropriate, authorised facility has notified the Agency or, as appropriate, the relevant local authority of its intentions to accept waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles and has received written approval from the Agency or, as appropriate, the relevant local authority to this request, or
(ii) registration certificate has been granted under sub- regulation 5 by the Agency or, as appropriate, the relevant local authority in relation to the reception of waste electrical and electronic equipment from private households that will be deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i) through deliveries by commercial vehicles at the facility, and
(b) the activity is being carried on in accordance with the technical requirements specified in Schedule 8 and the rules specified in—
(i) Part I of the Fourth Schedule of the Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007) as amended by the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No 86 of 2008) subject to any amendment that may be made to those regulations from time to time, and
(ii) Schedule 15 of these Regulations
and complies with the general requirements laid down in Article 10 of Directive 2008/98/EC.
(5)(a) A person may accept and store waste electrical and electronic equipment from private households, deposited by final users or taken back by distributors in accordance with the provisions of regulation 14(1)(b)(i), at a collection point through deliveries by commercial vehicles pending onward transport to an authorised facility, where a registration certificate has been granted in lieu of a waste permit in relation to the carrying on of the said activity at that facility.
(b) The Agency or, as appropriate, a local authority may, on application being made to it in accordance with these Regulations, grant a registration certificate (with or without conditions) or refuse to grant such a certificate, in relation to the carrying on at a facility of the said activity.
(c) An application for a registration certificate shall be made—
(i) in the case of an activity carried on by, or on behalf of, a local authority, to the Agency,
(ii) in the case of an activity carried on by a person other than a local authority, to a local authority in whose functional area the relevant facility is located.
(d) An application for a registration certificate must be made in writing and shall contain the information specified in Schedule 16, where appropriate.
(e) A fee of €300 shall accompany an application for a registration certificate.
(f) A local authority or, as appropriate, the Agency shall decide on an application for a registration certificate within four weeks from the date of submission of a valid application.
(g) Notwithstanding paragraph (f), where an applicant demonstrates that he or she has applied for a registration certificate to the Agency or, as appropriate, the relevant local authority in respect of a collection point prior to 13 February 2006, such a collection point shall, in the period before a registration certificate is granted or refused, be deemed to be registered in accordance with the terms of paragraph (a).
C19
Application of subs. (1) restricted (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), art. 6(1), in effect as per art. 2.
Non-application of section 39(1) of the Act
6. (1) Section 39(1) of the Act shall not apply in respect of the carrying on by a person of a waste recovery or disposal activity specified in Parts I or II of the third schedule of the Regulations if and for so long as the person carrying on the activity complies with the conditions specified in sub-article (2).
(2) The conditions specified for the purposes of sub-article (1) are that—
(a) in the case of an activity of a class specified in Part I of the third schedule, where—
(i) the activity is being carried on in a manner which does not cause, and is not likely to cause, environmental pollution,
(ii) there is in force in relation to the carrying on of the activity a waste facility permit granted by the local authority in whose functional area the facility is located, and
(iii) the activity is being carried on in accordance with the conditions attached to the aforementioned waste facility permit; and
(b) in the case of an activity relating to household waste of a class specified in Part II of the third schedule, where the—
(i) waste arises within the curtilage of the domestic dwelling, and
(ii) activity is carried out within the curtilage of the domestic dwelling, and
(iii) local authority in whose functional area the dwelling is situated or, as the case may be, the Agency considers, in its reasonable opinion, that the activity forms part of normal domestic activity, and
(iv) activity is carried out in accordance with all relevant legislative requirements; and
(c) in the case of an activity, other than covered in sub-article (b), of a class specified in Part II of the third schedule, where—
(i) there is in force in relation to the carrying on of the activity a certificate of registration granted by the Agency or, as the case may be, the local authority in whose functional area the facility is located, and
(ii) the activity—
(A) is being carried on in accordance with the rules specified in the fourth schedule, and
(B) complies with [requirements or articles 1, 4 and 13 of the Waste Directive].
(3) Notwithstanding sub-article (2), where a type or quantity of waste material has been deposited for the purposes of the improvement or development of land which has not been specifically authorised through—
(a) a waste licence granted under the Waste Management (Licencing) Regulations 2004 50 , as may be amended from time to time, [or]
(b) a waste facility permit granted in relation to classes of activity 5 or 6 of Part I of the third schedule, or
(c) a certificate of registration granted in relation to classes of activity 5 or 6 Part II of the third schedule, or
(d) the requirements of a planning permission granted in accordance with Part II of the Planning and Development Act 2000 51 ,
the activity shall be regarded as an unauthorised landfill facility for the purposes of the Waste Management (Landfill Levy) (Amendment) Regulations, 2006 52 .
C20
Application of subs. (1) restricted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(3) and (4), commenced on enactment, for a period specified by the Environmental Protection Agency.
Relationship between Act of 1996 and Environmental Protection Agency Act, 1992, with regard to certain activities.
13.— …
(3) Where, immediately before the passing of this Act, a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 (“the Act of 1992”) is in force in respect of an activity, being an activity which, immediately before that passing—
(a) fell within paragraph 11.1, 11.2, 11.3 or 11.4 of the First Schedule to the Act of 1992, and
(b) was not connected or associated with another activity specified in any other paragraph of that Schedule,
then, notwithstanding subsections (1) and (2) of this section but subject to subsection (4) thereof—
(i) that licence or revised licence shall continue in force and the provisions of the Act of 1992 (apart from the amendment of them effected by the said subsection (1)) shall continue to apply in relation to it, and
(ii) section 39(1) of the Act of 1996 shall not apply in relation to that activity,
for such period as the Environmental Protection Agency may determine and specifies in writing.
(4) The period determined under subsection (3) of this section shall not, other than with the consent of the holder of the licence concerned, be less than 3 years from the passing of this Act.
Editorial Notes:
E399
Power pursuant to section exercised (9.02.2022) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022 (S.I. No. 51 of 2022).
E400
Power pursuant to section exercised (30.12.2020) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020 (S.I. No. 738 of 2020).
E401
Power pursuant to section exercised (20.12.2019) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019 (S.I. No. 684 of 2019).
E402
Power pursuant to section exercised (11.09.2019) by Waste Management (Facility Permit And Registration) (Amendment) Regulations 2019 (S.I. No. 250 of 2019), in effect as per reg. 1(2).
E403
Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.
E404
Power pursuant to section exercised (19.12.2017) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. No. 599 of 2017).
E405
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E406
Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).
E407
Power pursuant to section exercised (24.11.2015) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. No. 538 of 2015).
E408
Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).
E409
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E410
Power pursuant to section exercised (25.11.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 546 of 2014).
E411
Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).
E412
Power pursuant to section exercised (18.12.2013) by Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. No. 504 of 2013).
E413
Contravention under subs. (1) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(c).
E414
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E415
Power pursuant to section exercised (27.07.2009) by Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009 (S.I. No. 286 of 2009).
E416
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).
E417
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.
E418
Offence under subs. (9) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E419
Offence under subs. (9) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E420
Power pursuant to section exercised (1.07.2006) by Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), in effect as per reg. 1(2).
E421
Power pursuant to section exercised (30.12.2004) by Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004), in effect as per reg. 1(2).
E422
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E423
Power pursuant to section exercised (1.03.2003) by Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003), in effect as per reg. 3.
E424
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E425
Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E426
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E427
Previous affecting provision: application of subs. (1) restricted (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 42, in effect as per reg. 45; revoked (29.03.2014) by European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014), reg. 46, in effect as per reg. 45.
E428
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E429
Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E430
Previous affecting provision: application of subs. (1) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 44, in effect as per reg. 44(1); subject to limitation as provided in reg. 4; revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E431
Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).
E432
Previous affecting provision: power pursuant to section exercised and application of subs. (1) restricted (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).
E433
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
E434
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
E435
Previous affecting provision: application of subs. (1) restricted (13.08.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), reg. 39, in effect as per regulation; revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
E436
Previous affecting provision: contravention under subs. (1) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(c), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E437
Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E438
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E439
Previous affecting provision: application of subs. (1) restricted (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), reg. 4, in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 3(1) and sch. 1, in effect as per reg. 2, subject to transitional provisions in reg. 3(2), (3), and (4).
E440
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 3(1) and sch. 1, in effect as per reg. 2; subject to transitional provisions in reg. 3(2), (3), and (4).
E441
Previous affecting provision: subs. (4) substituted (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. S.I. No. 166 of 1998), reg. 4(c); substituted as per F-note above.
E442
Previous affecting provision: subs. (5) amended (19.05.1998) by European Communities (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. S.I. No. 166 of 1998), reg. 4(d); substituted as per F-note above.
E443
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E444
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
50 S.I. No. 395 of 2004
51 S.I. No. 30 of 2000
52 S.I. No. 402 of 2006
F152[
Licensing under this Part and Part IV of Act of 1992
.]
F152[39A.—(1) The purpose of this section is to provide that, in relation to activities which are related to one another in the manner mentioned in this section, a single licence under either this Part F153[or, in relation to an integrated pollution control activity, Part IV of the Act of 1992], but not a licence under both those Parts, will be required for the carrying on of those activities and that this Part or that Part IV applies, accordingly, to those activities.
(2) This section has effect in relation to the following activities, namely—
(a) the recovery or disposal of waste (“the first activity”), and
(b) F154[an integrated pollution control activity] specified in the First Schedule to the Act of 1992 (“the second activity”),
where the first activity is carried on in a facility connected or associated with the second activity.
(3) If the Agency is of the opinion that the carrying on of the second activity will be subsidiary to the carrying on of the first activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of, or the First Schedule to, the Act of 1992—
(a) the second activity (irrespective of whether it would otherwise be so regarded) shall be regarded as an activity falling within section 39(1) and, accordingly—
(i) the carrying on of it and of the first activity, shall require, and may be the subject of the grant of, a waste licence under that section, and
(ii) the provisions of this Part shall otherwise apply in relation to any such activity,
and
(b) neither the carrying on of the first activity, if it would otherwise be regarded, nor of the second activity shall be regarded as requiring the grant of a licence F155[for an integrated pollution control activity] under Part IV of the Act of 1992.
(4) If the Agency is of the opinion that the carrying on of the first activity will be subsidiary to the carrying on of the second activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of the Act of 1992—
(a) the first activity (irrespective of whether it would otherwise be so regarded) F156[shall be regarded as an integrated pollution control activity] falling within section 82 of the Act of 1992 and, accordingly—
(i) the carrying on of it and of the second activity, shall require, and may be the subject of the grant of, F156[a licence for an integrated pollution control activity under Part IV] of that Act, and
(ii) the provisions of that Part shall otherwise apply in relation to any such activity,
and
(b) neither the carrying on of the second activity, if it would otherwise be regarded, nor of the first activity shall be regarded as requiring the grant of a waste licence under section 39(1).
(5) For the purposes of this section “subsidiary” means subsidiary having regard to one or, as the Agency may consider appropriate, more than one, of the following, namely—
(a) the primary purpose of the activities concerned,
(b) the size of each of the activities concerned relative to one another and any change in that regard likely to occur during the time the proposed licence will be in force,
(c) the relative likely effects on the environment of each of the activities,
(d) whether one of the activities concerned is incidental to, or consequential on, the other.
(6) A declaration under subsection (3) or (4)—
(a) may be made by the Agency of its own volition, and
(b) shall be made by the Agency, on a request being made to it under subsection (7), if the conditions specified in that subsection are complied with.
(7) A person, before making an application for a waste licence under section 39(1) or F157[or a licence for an integrated pollution control activity under section 82] of the Act of 1992 in relation to the carrying on of 2 or more activities, may request the Agency to make a declaration under subsection (3) or (4) in relation to those activities and the Agency shall accede to that request if the following conditions are complied with—
(a) the Agency is satisfied of the bona fides of the request,
(b) the person has supplied sufficient particulars to the Agency with respect to the activities, and
(c) the Agency determines that it is appropriate to accede to the request,
but, in the case of an application for a declaration under subsection (3), the Agency may, instead, make a declaration under subsection (4) and, in the case of an application for a declaration under subsection (4), the Agency may, instead, make a declaration under subsection (3), where, in either case, it considers it appropriate to make the declaration under the other subsection.
(8) Nothing in this section operates to disapply section 39(1), or section 82 of the Act of 1992, as the case may be, if the activities referred to in this section cease to be related to one another in the manner mentioned in this section.
(9) For the avoidance of doubt, this section shall apply and, in particular, a declaration under it may be made in respect of an application made before the commencement of section 34 of the Protection of the Environment Act 2003, for a waste licence under section 39 or for a licence or revised licence under section 82 of the Act of 1992.
(10) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.]
Annotations
Amendments:
F152
Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 34, S.I. No. 498 of 2003.
F153
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 27(a).
F154
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 27(b).
F155
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 27(c).
F156
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 27(d).
F157
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 27(e).
Grant of waste licences.
40.—(1) (a) On application being made in that behalf to it, the Agency may grant to the applicant a waste licence subject to, or without, conditions or refuse to grant to the applicant such a licence.
(b) This subsection is subject to sections 42 and 50 and regulations under section 45.
(2) Subject to subsection (5), in considering an application for a waste licence or in reviewing, pursuant to this Part, a waste licence, the Agency shall—
(a) carry out or cause to be carried out such investigations as it deems necessary or as may otherwise be prescribed for the purposes of such consideration or review,
(b) have regard to—
(i) any relevant air quality management plan under section 46 of the Act of 1987, or water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977, or waste management plan or hazardous waste management plan under Part II,
(ii) F158[(I) the particulars submitted with the application including the F159[environmental impact assessment report] (if any) submitted under and in accordance with F160[this Part, or with] a requirement of, or made pursuant to regulations under, section 45 and any other material including maps and plans,]
(II) any submissions or observations made to the Agency in relation to the F159[environmental impact assessment report],
(III) such supplementary information (if any) relating to F161[such report] as may have been furnished to the Agency by the applicant or licence holder under and in accordance with F160[this Part, or with] a requirement of, or made pursuant to, regulations under section 45,
(IV) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed activity,
F162[(iii) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity concerned as it considers necessary,
(iv) the policies and objectives of the Minister or the Government in relation to waste management for the time being extant, and
(v) such other matters as may be prescribed.]
F163[(2A)(a) In this subsection:
“application for a waste licence” means an application made to the Agency—
(i) for a waste licence under section 40, or
(ii) by the holder of the waste licence for a review under section 46 of the waste licence;
F164[‘environmental impact assessment’ in relation to an application for a waste licence, means a process in respect of the proposed activity—
(i) consisting of—
(I) the preparation of an environmental impact assessment report in accordance with section 40(2A)(d),
(II) the carrying out of consultation with the public, public authorities and where applicable, another Member State,
(III) the examination by the Agency of the information presented in the environmental impact assessment report, any supplementary information provided by the applicant in accordance with section 40(2A)(e) and any relevant information received in written submissions made in accordance with regulations under section 45, or objections made to the Agency under section 42(3),
(IV) the reaching by the Agency of a reasoned conclusion on the significant effects of the proposed activity on the environment, and
(V) the integration by the Agency of its reasoned conclusion into its decision under section 42(11A),
and
(ii) including an examination by the Agency to identify, describe and assess the direct and indirect significant effects of the proposed activity, including the expected effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on—
(I) population and human health,
(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19923 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 200944,
(III) land, soil, water, air and climate,
(IV) material assets, cultural heritage and the landscape, and
(V) the interaction between the factors mentioned in clauses (I) to (IV);]
F165[‘environmental impact assessment report’ means a report prepared by competent experts which contains the following information:
(i) a description of the proposed activity comprising information on the site, design, size and other relevant features of the activity;
(ii) a description of the likely significant effects of the proposed activity on the environment;
(iii) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and if possible, offset likely significant adverse effects on the environment;
(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment;
(v) any additional information specified in paragraph 2 of Schedule 6 to the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) that is relevant to the specific characteristics of the proposed activity and to the environmental features likely to be affected;
(vi) a non-technical summary of the information referred to in subparagraphs (i) to (v);
(vii) a reference list detailing the sources used for the descriptions and assessments included in the report.]
F165[(aa) In carrying out an environmental impact assessment under this subsection, the Agency shall, where appropriate, coordinate the assessment with any assessment of the proposed activity under Council Directive 92/43/EEC of 21 May 19923 or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094.]
(b) The Agency as part of its consideration of an application for a waste licence shall ensure before a waste licence is granted, and where the activity to which such waste licence relates is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location, that, in accordance with this subsection and section 42(1A) to F166[(1I)], the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.
F164[(c) Subject to paragraph (b) and section 42(1A) to (1l), an environmental impact assessment shall be carried out by the Agency in respect of an application for a waste licence relating to an activity, where development comprising or for the purpose of the activity is:
(i) of a class specified in Part 1 or Part 2 of Schedule 5 to the Planning and Development Regulations, 2001 and either—
(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other limit specified in Part 1 or Part 2, or
(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,
or
(ii) of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity, area or other limit specified in that Part and the Agency, in exercise of the powers conferred on it by regulations under section 45, determines that the proposed activity is likely to have significant effects on the environment.]
F164[(d) Subject to section 42(1A) to (1l), an applicant for a waste licence shall submit an environmental impact assessment report to the Agency in respect of an application that is subject to an environmental impact assessment under paragraph (c) and where applicable, such report shall—
(i) with a view to avoiding duplication of assessments, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation, and
(ii) be based on an opinion issued by the Agency in accordance with regulations under section 45.]
(e) The Agency shall request the production by the applicant of any additional or supplemental information F167[, including information specified in paragraph 2 of Schedule 6 to the Planning and Development Regulations 2001,] that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.
(f) In relation to an application for a waste licence to which paragraph (d) refers—
(i) the Agency shall consider the content of the F159[environmental impact assessment report] and any other material including maps or plans submitted as part of the application for a waste licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and
(ii) if the Agency determines that the F159[environmental impact assessment report] and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the F159[environmental impact assessment report] and other material is inadequate, and
(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.
(g) In carrying out its consideration of an application for a waste licence and in carrying out an environmental impact assessment F167[, the Agency shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report, and] the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.]
(3) F168[…]
(4) The Agency shall not grant a waste licence unless it is satisfied that—
(a) any emissions from the recovery or disposal activity in question (“the activity concerned”) will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any other enactment,
(b) the activity concerned, carried on in accordance with such conditions as may be attached to the licence, will not cause environmental pollution,
F169[(bb) if the activity concerned involves the landfill of waste, the activity, carried on in accordance with such conditions as may be attached to the licence, will comply with Council Directive 1999/31/EC on the landfill of waste,]
F170[(bbb) if the activity concerned involves the storage of metallic mercury considered as waste, the storage shall be—
(i) carried on in accordance with such conditions as may be attached to the licence, and
(ii) comply with 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.]
(c) the F171[best available techniques] will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned,
F172[(cc) the activity concerned is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and will not prejudice measures taken or to be taken by the relevant local authority or authorities for the purpose of the implementation of any such plan,]
(d) if the applicant is not a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, subject to subsection (8), he or she is a fit and proper person to hold a waste licence,
(e) the applicant has complied with any requirements under F173[section 53,]
F174[(f) energy will be used efficiently in the carrying on of the activity concerned,
(g) any noise from the activity concerned will comply with, or will not result in the contravention of, any regulations under section 106 of the Act of 1992,
(h) necessary measures will be taken to prevent accidents in the carrying on of the activity concerned and, where an accident occurs, to limit its consequences for the environment,
(i) necessary measures will be taken upon the permanent cessation of the activity concerned (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to a F175[satisfactory state,]]
F176[(j) the intended method of treatment is acceptable from the point of view of environmental protection, in particular when the method is not in accordance with section 32(1).]
(5) Where a waste licence is granted in relation to an activity, a licence under—
(a) Part III of the Act of 1987,
(b) section 4 or 16 of the Local Government (Water Pollution) Act, 1977, or
(c) section 171 of the Fisheries (Consolidation) Act, 1959,
shall not be granted in relation to such an activity, and any such licence that is in force in relation to such an activity shall thereupon cease to have effect in relation thereto.
(6) (a) Where a waste licence is granted in relation to an activity, and a foreshore licence has been granted under the Foreshore Act, 1933, in relation to the same activity, any conditions attached to that foreshore licence shall, in so far as they are for the purpose of preventing environmental pollution, cease to have effect.
(b) The grant of a licence under the Foreshore Act, 1933, in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity.
(7) For the purpose of this Part, a person shall be regarded as a fit and proper person if—
(a) neither that person nor any other relevant person has been convicted of an offence under this Act F177[, the Act of 1992, the Local Government (Water Pollution) Acts 1977 and 1990 or the Act of 1987] prescribed for the purposes of this subsection,
(b) in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him or her to direct or control the carrying on of the activity to which the waste licence will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence and the other requirements of this Act,
(c) in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the waste licence will relate in accordance with the terms thereof or in consequence of ceasing to carry on that activity.
(8) The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whom subsection (7) (a) applies.
(9) The references in subsections (7) and (8) to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.
(10) A waste licence granted to a person under this Part may not be transferred to another person, other than under and in accordance with section 47.
(11) A person shall not be entitled solely by reason of a waste licence under this Part to make, cause or permit an emission to any environmental medium.
(12) It shall be a good defence—
(a) to a prosecution for an offence under any enactment other than this Part, or
(b) to proceedings under—
(i) section 10 or 11 of the Local Government (Water Pollution) Act, 1977,
(ii) section 20 of the Local Government (Water Pollution) (Amendment) Act, 1990,
(iii) section 28, 28A or 28B of the Act of 1987,
(iv) section 57 or 58,
to prove that the act complained of is authorised by a waste licence granted under this Part.
(13) (a) A holder of a waste licence shall, within a period of 1 month after the cesser of the activity to which the licence relates, give notice in writing of that fact to the Agency.
(b) A person who fails to comply with paragraph (a) shall be guilty of an offence.
Annotations
Amendments:
F158
Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 5(1)(a), in effect as per reg. 1(2).
F159
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 4(a).
F160
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 8(a)(i), (ii).
F161
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 4(b).
F162
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(b), S.I. No. 393 of 2004.
F163
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 5(1)(b), in effect as per reg. 1(2).
F164
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 8(b)(i), (iv), (v).
F165
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 8(b)(ii), (iii).
F166
Substituted (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013), reg. 3.
F167
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 8(b)(vi), (vii).
F168
Deleted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(c), S.I. No. 393 of 2004.
F169
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(d).
F170
Inserted (21.02.2013) by European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013), reg. 2(b).
F171
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 21, S.I. No. 393 of 2004; subject to a saver in s. 59.
F172
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(e), S.I. No. 393 of 2004.
F173
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(f), S.I. No. 393 of 2004.
F174
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(g), S.I. No. 393 of 2004.
F175
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg 20(a).
F176
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg 20(b).
F177
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(h), S.I. No. 393 of 2004.
Editorial Notes:
E445
Application for waste licence under section made subject to European Union (Environmental Impact Assessment) (Waste) Regulations 2012 and European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 11, in effect as per reg. 1(2), and (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013, reg. 7.
E446
Provisions concerning costs of certain proceedings relating to waste licences granted pursuant to section prescribed (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6 and 7, S.I. No. 433 of 2011.
E447
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E448
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E449
Previous affecting provision: subs. (2)(b)(ii)(I) substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 35(a), S.I. No. 393 of 2004; substituted as per F-note above.
E450
Previous affecting provision: application of subs. (1) restricted (3.07.2003) by European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003), reg. 5; revoked (7.01.2014) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(b), in effect as per reg. 25(b).
E451
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E452
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E453
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
E454
Previous affecting provision: subs. (2A)(c), (d) amended (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013), reg. 3; subsection substituted as per F-note above.
3 OJ No. L 206, 22.7.1992, p. 7
4 OJ No. L 20, 26.1.2010, p. 7
Conditions attached to a waste licence.
41.—(1) A waste licence may provide as respects any condition attached to it that the condition shall be complied with before or after any activity to which the licence relates has been commenced or has ceased.
(2) Without prejudice to the generality of section 40 (1) (a), conditions attached to a waste licence granted under this Part—
(a) F178[shall, as a minimum]—
(i) specify the waste recovery or disposal activity, as the case may be, to which the licence relates (“the activity concerned”) and the types, nature, composition and quantity of waste permitted to be recovered F179[, disposed of or treated] during specified periods or otherwise,
(ii) specify the facility where waste may be recovered F179[, disposed of or treated] under the licence,
F180[(iia) for each type of operation permitted, the technical and any other requirements relevant to the site concerned,
(iib) the safety and precautionary measures to be taken,]
(iii) specify procedures or methods to be followed or employed with respect to F181[each type of operation involved in] the activity concerned, having regard to the nature and composition of the waste, the proximity to the facility concerned of water catchment areas and the characteristics of the receiving environment,
(iv) require specified measures to be taken to prevent the entry to waters of specified substances or to avoid pollution by specified substances,
(v) specify requirements of a technical nature to be complied with for the purpose of controlling emissions arising from, or which are a result of, the activity concerned, including—
(I) requirements relating to the design, construction, provision, operation or maintenance of the facility concerned, or any plant thereon,
(II) other requirements for the purposes aforesaid, including the use or employment of specified procedures or codes of practice,
(vi) require the monitoring, supervision and control F182[as may be necessary] of each aspect of the operation of the facility or any plant concerned by specified means and for that purpose require specified procedures or codes or practices to be followed or employed and precautions of a security nature to be taken,
F183[(vii) require the monitoring of such environmental media as, in the opinion of the Agency, may be affected by or as a result of the activity concerned, and require the Agency to be informed of the results of such monitoring and, without delay, of any incident or accident which causes, or is likely to cause, environmental pollution,]
(viii) require records to be kept F184[in accordance with section 15(2)] of the quantity, nature and origin of waste accepted into the facility concerned, the treatment, recovery or disposal of such waste, and where relevant, the quantity, nature, destination, frequency of collection and mode of transport of waste leaving the facility concerned, and specify the period for which such records are to be preserved,
(ix) in the case of a waste disposal activity, require the recording and identification of a deposit of hazardous waste in the facility concerned,
(x) require the keeping of other specified records and require specified information to be supplied to the Agency, or any other specified person, in relation to the carrying on of the activity concerned, including a statement by the holder of the licence confirming whether or not he or she has complied with each of the conditions attached to the licence,
F185[(xi) specify requirements as may be necessary for the closure, restoration and remediation of, or the carrying out of aftercare in relation to, the facility concerned,
(xii) require that it shall be a condition of any waste licence covering incineration or co-incineration with energy recovery that the recovery of energy take place with a high level of energy efficiency,]
(b) may, as appropriate—
(i) specify requirements to be complied with as respects the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission arising from, or which is a result of, the activity concerned (“an emission concerned”),
(ii) specify the periods during which an emission concerned may, or may not, be made,
(iii) specify limits to the effects of an emission concerned,
(iv) specify the concentration of a pollutant in an environmental medium or a discharge rate which shall not be exceeded,
(v) require the provision, operation and maintenance of meters, gauges and other apparatus or means for monitoring the nature, extent and effects of an emission concerned,
(vi) specify requirements as to the training and qualifications of persons employed in carrying on the activity concerned,
(vii) specify the methods, vehicles and receptacles to be employed in transporting waste to, from or within the facility concerned,
(viii) require the taking and analysis of samples, the making of measurements and compliance with specified quality control procedures in connection with the activity concerned and for that purpose require—
(I) the use of specified analytical standards or the services of specified laboratories to be availed of,
(II) the keeping of records in relation to the samples, measurements or procedures,
(III) the furnishing of information to the Agency or any other specified person in relation to the samples, measurements or procedures,
(ix) require the making of a plan, and the revision thereof at specified intervals, setting out the measures to be taken in the event of any accident or incident (including any difficulty of an operational nature) occurring that involves the facility or any plant concerned,
(x) require specified measures to be taken in the event of a breakdown of any plant or other equipment which may affect an emission concerned,
(xi) where appropriate, specify the type of fuel to be, or not to be, used, as the case may be,
(xii) require the making and maintenance of such financial provision as may be required under section 53 (1),
(xiii) require the holder of the licence to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the carrying on of the activity concerned,
(xiv) require the making of payments by the holder of the licence to the Agency to defray costs which may be incurred by the Agency in monitoring or otherwise in performing any functions in relation to the activity concerned,
(xv) F186[…]
(xvi) require the holder of the licence to comply with such further requirements in relation to the closure, restoration, remediation and aftercare of the facility concerned, or otherwise as may in due course be determined under section 46 (5),
(xvii) specify the latest date by which a condition attached to the licence is to be complied with.
F187[(2A) In relation to an application for a waste licence, within the meaning of section 40(2A)(c), the Agency may attach such environmental conditions to the waste licence as it considers necessary to avoid, prevent, reduce or offset the significant adverse effects of the activity on the environment.]
F188[(2B) Where the Agency decides, in relation to an application for a waste licence, that an environmental impact assessment is not required on the basis of features or measures proposed by the applicant to avoid or prevent significant adverse effects on the environment, the Agency may attach such features or measures as environmental conditions to the waste licence.]
(3) The Minister may by regulations—
(a) require the Agency to attach as conditions to any waste licence that may be granted by it in respect of a specified class or classes of waste recovery or disposal activity, provisions requiring compliance with any specified standard, specification, procedure or other requirement, including any requirement the imposition of which is required or necessary to give effect to any Community act in relation to waste,
(b) require the Agency to attach as a condition to a waste licence of a specified class or classes a provision prohibiting the recovery or disposal of specified waste in a facility concerned or by means of a specified recovery or disposal activity, or
(c) require the Agency to take account of any other specified matter in attaching conditions to a waste licence.
F189[(d) for the purposes of acceptance of a class of household waste at a facility, from the original waste producer or the person who arranges on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their household waste (“person who delivers household waste”), require the Agency to attach conditions to a waste licence—
(i) requiring the weighing of a class of household waste accepted by a facility,
(ii) requiring the reporting of the weight of a class of household waste accepted by a facility to the person who delivers household waste,
(iii) subject to subsection (3A), requiring the charging of fees for acceptance, recovery or treatment services by a facility of a class of household waste,
(iv) in relation to acceptance of a class of household waste, requiring the preparation and publishing of a customer charter and specifying its form and content,
(v) requiring the provision of separate receptacles for different household waste or classes of household waste,
(vi) requiring the provision to a local authority or a nominated authority under section 34(1)(aa)(ii) of—
(I) details of persons with regard to the deposition of household waste,
(II) details of persons who choose not to partake in the deposition of household waste,
(III) details of when household waste was last deposited, and
(IV) written confirmation of the structure of the fees being charged to persons depositing the household waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the deposition of household waste,
(vii) as respects contamination that may be caused by the incorrect segregation of specified household waste from other waste in receptacles for segregated household waste, requiring the holder of a waste licence:
(I) to monitor levels of contamination;
(II) to record and maintain specified data on levels of contamination;
(III) to provide training for staff in relation to monitoring contamination;
(IV) to prepare and maintain protocols and procedures in the event that such contamination is detected by the holder, including to inform the person who delivers household waste or to refuse to accept the waste,
and
(viii) where a weighing system is used to determine weight-based collection charges, requiring the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste licence.]
F190[(3A) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations, specify a condition to be attached to a waste licence specifying a requirement that the holder of the licence shall charge fees for accepting a class of household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the facility of the holder of the waste licence by the person who delivers household waste.
(b) Regulations under paragraph (a) shall provide for the means by which fees for accepting household waste shall be calculated by a holder of a waste licence and shall—
(i) require a holder of a waste licence to charge a fee for each kilogramme of household waste accepted by the holder,
(ii) prohibit a holder of a waste licence from charging any form of fee other than that referred to at subparagraph (i), and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted,
(iii) require a holder of a waste licence to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.
(c) (i) For the purposes of paragraph (b)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder of a waste licence and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder of the licence, from the person who delivers that waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.
(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).
(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.]
(4) Conditions attached to a waste licence may apply in respect of any plant, or land or any part of any land, which is, or has been, used for the purpose of, or incidental to, an activity to which the licence relates and any emission from the facility concerned.
(5) The Agency may recover the amount of any payment due to it arising from a condition attached to a waste licence as a simple contract debt in any court of competent jurisdiction.
(6) Prior to the commencement of the waste recovery or disposal activity to which a waste licence relates, as the case may be, or the coming into force of a waste licence in respect of an activity to which section 39 (3) applies, the Agency shall inspect the facility concerned in order to ensure that it complies F191[, or is capable of compliance,] with the relevant conditions attached to the waste licence.
Annotations
Amendments:
F178
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 21(a)(i).
F179
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 21(a)(ii).
F180
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(iii).
F181
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(iv).
F182
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(v).
F183
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 36(a), S.I. No. 393 of 2004.
F184
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(vi).
F185
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(vii).
F186
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(b).
F187
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 9(a).
F188
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 9(b).
F189
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 41(a), S.I. No. 358 of 2015.
F190
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 41(b), S.I. No. 358 of 2015.
F191
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 36(b), S.I. No. 393 of 2004.
Editorial Notes:
E455
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E456
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E457
Previous affecting provision: subs. (2A) inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 6(1), in effect as per reg. 1(2); substituted as per F-note above.
E458
Previous affecting provision: application of section restricted (3.07.2003) by European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003), reg. 5; revoked (7.01.2014) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(b), in effect as per reg. 25(b).
E459
Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E460
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E461
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E462
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
Application for a waste licence or review of a waste licence.
42.—(1) (a) Where a person proposes to make an application to the Agency for the grant of a waste licence under section 40or for the review of a waste licence under section 46, he or she shall publish or give notice of his or her intention to do so in such form and to such persons as may be prescribed under section 45.
(b) Where the Agency proposes to review a waste licence under section 46 (1), it shall publish such notice as may be prescribed under section 45for the purposes of this section, and shall give notice in writing to the holder of the licence and, where appropriate, to the local authority in whose functional area the activity, the subject matter of the licence, is carried on, and to such other persons (if any) as may be so prescribed, of its intention to conduct such a review.
F192[(1A) In subsections (1B) to F193[(1I)]—
“application for a licence” means an application made to the Agency—
(a) for a waste licence under section 40, or
(b) by the holder of a waste licence for a review under section 46 of the waste licence;
“application for permission” means—
(a) an application for permission for development under Part III of the Planning and Development Act 2000,
(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of the Planning and Development Act 2000, or
(c) an application for substitute consent under section 177E of the Planning and Development Act 2000;
“grant of permission” means—
(a) a grant of permission for development under Part III of the Planning and Development Act 2000,
(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Planning and Development Act 2000, or
(c) a grant of substitute consent under section 177K of the Planning and Development Act 2000.
F194[(1AA) Unless the context otherwise requires, in subsections (1B) to (1G), “environmental impact assessment” and “environmental impact assessment report” have the same meaning as they have in the Planning and Development Act 2000.]
(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required the applicant shall furnish to the Agency—
(a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Pleanála, and in that case shall also furnish to the Agency either—
(i) a copy of the F195[environmental impact assessment report] where one is required by or under the Planning and Development Act 2000 relating to that application for permission, or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Planning and Development Act 2000,
or
(b) a copy of a grant of permission comprising or for the purposes of the activity to which the application for the licence relates that was issued by the planning authority concerned or An Bord Pleanála and in that case shall also furnish to the Agency either—
(i) where the planning authority or An Bord Pleanála, accepted or required the submission of an F195[environmental impact assessment report] in relation to the application for permission, a copy of the F195[environmental impact assessment report], or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Planning and Development Act 2000.
(1C) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required but the applicant does not comply with subsection (1B), the Agency shall refuse to consider the application and shall inform the applicant accordingly.
(1D) The Agency, on receipt of an application for a waste licence where an F195[environmental impact assessment report] is required under subsection (1B)(a)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(a)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development comprising or for the purposes of the activity to which the application for a licence relates,
(d) ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Planning and Development Act 2000 has expired without an appeal being made before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence.
(1E) The Agency, on receipt of an application for a waste licence where an F195[environmental impact assessment report] is required under subsection (1B)(b)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(b)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice—
(i) stating whether the activity to which the application for a licence relates is permitted by the grant of permission referred to in subsection (1B)(b), and
(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to in subsection (1B)(b) refers and any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the activity to which the application for a licence relates.
(1F) Where—
(a) a planning authority concerned or An Bord Pleanála gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a waste licence under section 40 or a review, on the application of the holder of the licence, of a waste licence under section 46, and
(b) the application for permission is accompanied by an F195[environmental impact assessment report] or in relation to which an F195[environmental impact assessment report] was sought by the planning authority or An Bord Pleanála,
the Agency shall—
(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an activity requiring a licence under section 40 or a review, on the application of the holder of the licence, of a waste licence under section 46,
(ii) forward to the planning authority or An Bord Pleanála, as the case may be, such observations as it has on the application for permission, including the F195[environmental impact assessment report], and
(iii) enter into such consultations with the planning authority or An Bord Pleanála in relation to the environmental impacts of the proposed development as the Agency, or the planning authority or An Bord Pleanála, as the case may be, considers necessary to enable completion of the assessment.
(1G)(a) The environmental impact assessment required to be carried out by the Agency under section 40(2A), where an application for a waste licence is in respect of an activity that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Pleanála under the Planning and Development Act 2000, may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Pleanála.
(b) Where an application for permission relates to development or proposed development comprising or for the purposes of an activity in respect of which a waste licence under this Part is required—
F196[(i) in relation to which a grant of permission is required, where the development or the proposed development is of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity, area or other limit specified in that Part, and]
(ii) in respect of which, the planning authority concerned or An Bord Pleanála is obliged under the Planning and Development Act 2000 to make a determination whether an environmental impact assessment is required,
the Agency shall, when requested by the planning authority concerned or An Bord Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála in its deliberations in relation to the determination referred to in paragraph (ii) and shall accept the determination of the planning authority or An Bord Pleanála so made.
(1H)(a) Where the Agency receives an application for a licence in respect of an activity that involves development or proposed development for which a grant of permission is not required and the Agency, under section 40(2A), decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit an F195[environmental impact assessment report] and where the applicant fails to submit F195[such report] within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(b) Where an F195[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (a), the application for a licence shall be deemed to be made on the date of receipt by the Agency of the F195[environmental impact assessment report].
(c) Where an F195[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (a), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of F195[such report] notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the date of the notice and furnish any observations that the planning authority has in relation to the application including the F195[environmental impact assessment report],
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates.
(d) F197[…]]
F198[(1I)(a) This subsection applies—
(i) notwithstanding subsections (1B) to (1H),
(ii) to an application for a licence made to the Agency before 30 September 2012,
(iii) where the Agency has not made a decision under section 40(1) or section 46(2), including an application for a licence, within the meaning of subsection (1A), to which section 40(2A) applies.
(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 40(2A)(c)(ii) determines that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if an F195[environmental impact assessment report] was not submitted with the application for a licence, request the applicant to submit an F195[environmental impact assessment report] and where the applicant fails to submit F195[such report] within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(c) Where an F195[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (b)—
(i) the Agency shall consider the content of the F195[environmental impact assessment report] and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes and assesses the direct and indirect effects of the proposed development on the environment, and
(ii) if the Agency determines that the F195[environmental impact assessment report] and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the F195[environmental impact assessment report] and other material is inadequate, and
(II) require the applicant for the licence to furnish, within the period specified in the notice, to the Agency, additional information required to correct the inadequacy so identified.
(d) Where the applicant concerned fails to comply with a requirement under paragraph (c), the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing, of such failure and that the application for a licence cannot be considered by the Agency.
(e) Where an F195[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (b) and having complied with the requirements under paragraph (c), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of F195[such report] notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the F195[environmental impact assessment report],
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 40(1) or section 46(2) in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]
(2) Before making a decision under section 40in respect of an application made to it for the grant of a waste licence, or under section 46 (2) in consequence of a review of a waste licence that has been conducted by it under that section F199[including an application for a licence, within the meaning of subsection (1A), to which section 40(2A) applies], the Agency shall give notice in writing to—
(a) the applicant or the holder of the licence, as the case may be,
F199[(aa) where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to which section 40(2A) applies is required, the planning authority or An Bord Pleanála,]
(b) any person who has made a written submission to it in relation to the application or the review, in accordance with regulations under this Part,
(c) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on, and
(d) such other persons as may be prescribed,
of the decision it proposes to make in respect of the application or in consequence of the review F196[and the Agency shall publish that decision on its website.]
(3) Any person may, subject to compliance with the requirements of any regulations under sections 45 and 50, and at any time before the expiration of the appropriate period, make an objection to the Agency in relation to a decision referred to in subsection (2) that it proposes to make.
(4) An objection shall—
(a) be made in writing,
(b) state the name and address of the objector,
(c) state the subject matter of the objection,
(d) state in full the grounds of objection and the reasons, considerations and arguments on which they are based, and
(e) be accompanied by such fee (if any) as may be payable in respect of the making of such objection in accordance with regulations under section 50.
(5) (a) An objection which does not comply with the requirements of subsection (4) shall be invalid.
(b) The requirement of subsection (4) (d) shall apply whether or not the objector requests, or proposes to request, under subsection (9) an oral hearing of the objection.
(6) An objection shall be accompanied by such documents, particulars, or other information relating to the objection as the objector considers necessary or appropriate.
(7) Without prejudice to the provisions of any regulations undersection 45, an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of objection stated in the objection, and any such elaboration, submissions or further grounds of objection that is or are received by the Agency shall not be considered by it.
(8) Any documents, particulars or other information submitted by an objector, other than such documents, particulars or other information which accompanied the objection or which were furnished to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45, shall not be considered by the Agency.
(9) (a) A person making an objection under subsection (3) may request an oral hearing of the objection.
(b) (i) A request for an oral hearing of an objection shall be made in writing to the Agency and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations under section 50.
(ii) A request for an oral hearing of an objection which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Agency.
(c) A request for an oral hearing of an objection shall be made within the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.
(10) An objection, or a request for an oral hearing under subsection (9), shall be made—
(a) by sending the objection or request by prepaid post to the Agency, or
(b) by leaving the objection or request with an employee of the Agency, at the principal office of the Agency, during office hours, or
(c) by such other means as may be prescribed.
(11) (a) Where a request for an oral hearing of an objection is made in accordance with subsection (9), or otherwise where an objection has been made, the Agency shall have an absolute discretion to hold an oral hearing in relation to the objection and, if it decides to hold such a hearing, it shall give notice in writing of that decision to—
(i) the applicant or the holder of the licence, as the case may be,
(ii) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on,
F200[(aa) where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to which section 40(2A) applies is required, the planning authority or An Bord Pleanála,]
(iii) any person who requested an oral hearing, and
(iv) such other person as may be prescribed.
(b) Where the Agency decides not to hold an oral hearing under this subsection, it shall give notice in writing of its decision to the person who requested the oral hearing.
F201[(11A) When—
(a) in relation to an application for a waste licence under section 40, a decision to grant or refuse a waste licence has been taken, or
(b) a decision is made in consequence of a review on an application of the holder of the licence, of a waste licence under section 46,
the Agency, in accordance with regulations under section 45, shall inform the persons referred to in or prescribed under subsection (2), including the public, of its decision and shall F196[make the following information available on its website:]
F196[(i) the decision and, where the application was subject to an environmental impact assessment by the Agency, the reasoned conclusion on the significant effects of the activity on the environment, taking into account the results of the Agency’s examination of the environmental impact assessment report, and where appropriate, its own supplementary examination;
(ii) any environmental conditions attached to the decision, including conditions regarding monitoring measures, parameters to be monitored and the duration of the monitoring;
(iii) a description of the features, if any, of the activity and the measures, if any, envisaged to avoid, prevent, reduce or offset the significant adverse effects of the activity on the environment;
(iv) the main reasons and considerations on which the decision is based, including—
(I) information about the public participation process,
(II) a summary of the results of consultations and information gathered from the environmental impact assessment report (where applicable), written submissions made in accordance with regulations under section 45, or objections made to the Agency under section 42(3), and
(III) a description of how the results referred to in clause (II) have been incorporated or otherwise addressed by the Agency;
(v) information on the procedures available to the persons referred to in or prescribed under subsection (2), including the public, to review the substantive and procedural legality of the decision.]]
F194[(11AA) Where applicable, the Agency shall be satisfied that the reasoned conclusion referred to in subsection (11A)(b)(i) remains up-to-date when making its decision under this subsection.]
(12) In this section “the appropriate period” means the period of F202[30 days] beginning on the day on which notification is sent under subsection (2) in respect of the matter concerned.
Annotations
Amendments:
F192
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(a), in effect as per reg. 1(2).
F193
Substituted (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2011), reg. 4(1)(a).
F194
Inserted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 10(a), (f).
F195
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 4(a), (b).
F196
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 10(b), (d), (e)(i), (ii).
F197
Deleted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 10(c).
F198
Inserted (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2011), reg. 4(1)(b).
F199
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(b), in effect as per reg. 1(2).
F200
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(c), in effect as per reg. 1(2).
F201
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(d), in effect as per reg. 1(2).
F202
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 10(g).
Modifications (not altering text):
C21
Application of subs. (7) restricted (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 24, in effect as per reg. 1(2).
Power of Agency to request a further submission by an objector.
24. Where the Agency is of the opinion that, in the particular circumstances of an objection, it is appropriate in the interests of justice to enable the objector to make a further submission in relation to any matter which has arisen in relation to the objection, the Agency may, at its discretion and notwithstanding section 42(7) of the Act, give a notice under this article—
(a) requesting that objector, within a period specified in the notice (not being less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice) to make to the Agency a submission in writing in relation to the matter in question, and
(b) stating that, if a submission in writing is not received before the expiration of the period specified in the notice, the Agency will, after the expiration of that period and without further notice to the objector, proceed with its consideration of the objection and make a decision in respect of the application or in consequence of the review in question, as the case may be.
Editorial Notes:
E463
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E464
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E465
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E466
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E467
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
F203[Calculation of appropriate period and other time limits over holidays.]
F203[42A.—When calculating the appropriate period (within the meaning of section 42) or any other time limit under this Act or in any regulations made under this Act, the period between the 24th day of December and the 1st day of January, both days inclusive, shall be disregarded.]
Annotations
Amendments:
F203
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 37, S.I. No. 393 of 2004.
F204[
Amendments of waste licence of clerical or technical nature.
]
F204[42B.—(1) The Agency may amend a waste licence for the purpose of—
(a) correcting any clerical error therein,
(b) facilitating the doing of any thing pursuant to a condition attached to the licence where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the condition or the terms of the licence taken as a whole but which was not expressly provided for in the F205[condition,]
F206[(bb) facilitating compliance by the holder of a licence with technical requirements that may be established, or amended, arising from the introduction of new Community acts or amendments to existing Community acts, or]
(c) otherwise facilitating the operation of the licence and the making of the amendment does not result in the relevant requirements of section 40(4) ceasing to be satisfied.
(2) None of the requirements of section 46 or of any other provision of this Part shall apply to the exercise of the power under subsection (1) but the Agency shall, where appropriate, consult with the holder of the licence before exercising the power.
(3) The Agency shall, as soon as may be after the exercise of the power under subsection (1), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency under section 42(3) in relation to any exercise of the powers under section 40 or 46 as respects the waste licence concerned.]
Annotations
Amendments:
F204
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 38, S.I. No. 393 of 2004.
F205
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 22(a).
F206
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 22(b).
Section 42: supplementary provisions.
43.—(1) (a) Where—
(i) no objection is made in accordance with section 42 (3) to the Agency in relation to a decision that it proposes to make in respect of an application made to it for the grant of a waste licence or in consequence of a review conducted by it of a waste licence, or
(ii) any objection or objections that has or have been so made to it in relation thereto is or are withdrawn,
the decision of the Agency in relation to that application or in consequence of the review shall be that as notified by it under section 42 (2).
(b) Where the decision of the Agency is to grant a waste licence or a revised waste licence, such a licence shall be granted by it as soon as may be after the making of the decision.
(2) Without prejudice to section 40 (4), where an objection has been made in accordance with section 42 (3) in relation to a decision referred to in section 42 (2)which it proposes to make, and has not been withdrawn, the Agency shall consider such objection and any submissions, plans, documents or other information and particulars furnished to the Agency in accordance with regulations under section 45 in relation to such objection and, where an oral hearing has been held in relation to the objection, to the report on the hearing, and as soon as may be thereafter the Agency shall decide to grant or refuse to grant the relevant licence in accordance with section 40 (1).
(3) For the purposes of subsection (2), the Agency may consider an objection in relation to a decision referred to in section 42 (2), notwithstanding a default of compliance on the part of an objector with a requirement of, or made pursuant to, regulations under section 45 to furnish any submissions, plans, documents or other information and particulars, without further notice to that person.
(4) It shall be the duty of the Agency to ensure that—
(a) a decision by it under section 42 (11) to hold an oral hearing, or
(b) a decision by it in respect of an application made to it for the grant of a waste licence or in consequence of a review that has been conducted by it of a waste licence, whether or not an oral hearing has been held in relation to any objection made to it in accordance with section 42 (3) in respect of that decision,
shall be given as expeditiously as may be, and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of any such application or the completion of any such review.
(5) (a) A person shall not question the validity of a decision of the Agency on an application made to it for the grant of a waste licence, or in consequence of a review conducted by it of such a licence, otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) (hereafter in this subsection referred to as “the Order”).
(b) An application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) shall—
(i) be made within the period of 2 months commencing on the date on which the decision is given,
(ii) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to—
(I) the Agency,
(II) where the applicant for leave is not the applicant for, or the holder of, the waste licence concerned, the applicant for or holder of that licence,
(III) any person who has made an objection in accordance with section 42 (3) to the Agency in relation to the matter concerned,
(IV) any other person specified for that purpose by order of the High Court,
and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.
F207[(ba) The High Court shall not grant leave for judicial review unless it is satisfied that—
(i) the applicant has a sufficient interest in the matter which is the subject of the application, or
(ii) the applicant—
(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and
(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.
(bb) A sufficient interest for the purposes of subparagraph (i) of paragraph (ba) is not limited to an interest in land or other financial interest.
(bc) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave under this section, shall act as expeditiously as possible consistent with the administration of justice.
(bd) In paragraph (ba), “State authority, a public authority or governmental body or agency” means—
(i) a Minister of the Government;
(ii) the Commissioners of Public Works in Ireland;
(iii) a harbour authority within the meaning of the Harbours Act 1946;
(iv) a local authority within the meaning of the Local Government Act 2001;
(v) the Health Service Executive;
(vi) a person established—
(I) by or under any enactment (other than the Companies Acts),
(II) by any scheme administered by the Government, or
(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government.
(vii) A company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.]
(c) (i) The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.
(ii) This paragraph shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.
(d) References in this subsection to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.
Annotations
Amendments:
F207
Inserted (23.07.2014) by European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014), reg. 11.
F208[
Conduct of oral hearing and written report thereon.
44.—(1)(a) An oral hearing under section 42 shall be conducted by a person or persons appointed for that purpose by the Agency.
(b) Subject to any regulations under subsection (4), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person or persons appointed under this subsection but it shall be the duty of the person or persons to ensure that the hearing is conducted without undue formality.
(2) The person or persons appointed under subsection (1) may take evidence on oath or affirmation at the oral hearing and for that purpose may administer oaths or affirmations, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
(3) The person or persons appointed under subsection (1) shall make a written report on the objection or objections made under section 42(3) and the hearing to the Agency and shall include in the report a recommendation relating to the grant of a waste licence or a revised waste licence, as the case may be (including the conditions to be attached to such a licence) or to the refusal of such a licence.
(4)(a) The Minister may make regulations in relation to the conduct of an oral hearing under section 42 and the procedures at such a hearing.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection shall provide for all of the following—
(i) matters that may be raised at an oral hearing;
(ii) the persons who may be heard at an oral hearing;
(iii) enabling the person or persons conducting an oral hearing to require any person to attend the hearing and give evidence in relation to any matter in question at the hearing;
(iv) the publication or giving of notice of the holding of an oral hearing;
(v) the alteration of the time and place of the holding of an oral hearing;
(vi) the provision of submissions, plans, documents or other information and particulars to persons;
(vii) the adjournment or re-opening of an oral hearing, and the publication or giving of notice regarding such an adjournment or re-opening;
(viii) the replacement of a person or persons appointed to conduct an oral hearing or the conduct of a new oral hearing;
(ix) the withdrawal of a request for an oral hearing, and matters consequential thereon.]
Annotations
Amendments:
F208
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 39, S.I. No. 393 of 2004.
Editorial Notes:
E468
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E469
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E470
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E471
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E472
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
Regulations regarding waste licences.
45.—(1) The Minister shall make regulations in relation to applications for the grant of waste licences or for the review of waste licences and in relation to the grant or review of such licences, and such regulations may contain different provisions in relation to different classes of such matters.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following—
(a) the form in which an application for the grant of a waste licence (“a licence”) or for the review of a licence shall be made and the form of a licence,
(b) the time within which an application for the grant or review of a licence shall be made relative to publication or giving of a notice under section 42 (1) in respect of such an application,
(c) the making of objections under section 42 (3),
(d) the publication or giving by an applicant for the grant of a licence (“an applicant”), a holder of a licence, or the Agency of specified notices,
(e) requiring or enabling submissions, plans, documents and other information and particulars, including an F209[environmental impact assessment report], to be furnished to the Agency or any other specified person by an applicant, a holder of a licence, a person making objections under section 42 (3) (“an objector”) or any other person within such periods as may be specified,
F210[(ea) requiring applicants, licensees or other persons to furnish to the Agency or any other specified person, within such period as may be specified, any additional or supplemental information to enable the Agency to carry out an environmental impact assessment,
(eb) requiring applicants, licensees or other persons to furnish information to the Agency in response to a request for additional or further information under and for the purposes of section 40(2A)(e),]
(f) requiring or enabling an applicant, a holder of a licence, an objector or any other person to furnish to the Agency or any other specified person, within such period as may be specified by the Agency, such additional information or particulars (including an F209[environmental impact assessment report]) relating to an application for the grant of a licence or for the review of a licence as the Agency may require or request,
(g) requiring the production to the Agency, within such period as may be specified by it, of such evidence as it may reasonably require in order to verify any information or particulars furnished to it by an applicant, a holder of a licence, an objector or any other person under and in accordance with regulations under this section,
(h) requiring the Agency to publish or make available for inspection or purchase by members of the public of a copy of an application for the grant of a licence or for the review of a licence or of any submissions, plans, documents or other information (including, where appropriate, an F209[environmental impact assessment report] and any supplementary information relating thereto), or any extract therefrom, that relate or relates to such an application,
(i) procedures to be followed by the Agency in dealing with an application for the grant of a licence or in conducting a review of a licence (including consultation procedures in relation to an F209[environmental impact assessment report]), whether or not an oral hearing is held in respect thereof, and the times within which the steps in such procedures shall be taken,
(j) without prejudice to paragraph (i), the period within which a decision to grant a licence may be made,
(k) the publishing of a decision given by the Agency in respect of an application made to it for the grant of a licence or in consequence of a review conducted by it of a licence, and the reasons therefor, and of any specified documents or other information in relation to the decision,
(l) the information to be contained in an F209[environmental impact assessment report],
(m) requiring an applicant or a holder of a licence to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the Agency in relation to an application for the grant of a licence or a review of a licence, or
(n) specifying the conditions and circumstances under which an application for the grant of a licence may be deemed by the Agency to have been withdrawn.
(3) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, such regulations.
(4) A person who, in relation to an application for a waste licence or for a review of a waste licence, makes a statement in writing which to his or her knowledge is false or misleading in a material respect shall be guilty of an offence.
(5) A defrayment or contribution, the payment of which is required under regulations under this section, shall be payable on demand and, in default of being so paid, shall be recoverable by the Agency from the person concerned as a simple contract debt in any court of competent jurisdiction.
Annotations
Amendments:
F209
Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 4(a).
F210
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 8(1), in effect as per reg. 1(2).
Editorial Notes:
E473
Offence under subs. (4) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).
E474
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E475
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E476
Previous affecting provision: offence under subs. (4) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E477
Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E478
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E479
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E480
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
Review of waste licences.
F211[46.—(1) Without prejudice to subsections (2) and (5), the Agency may review a waste licence—
(a) on any of the grounds referred to in subsection (3),
(b) with the consent of, or upon an application in that behalf being made by, the holder of the licence,
(c) upon receipt of a notification under subsection (6), or
(d) at a time not less than 3 years from the date on which the licence was granted.
(2) The Agency shall review a waste licence if—
(a) it considers—
(i) that pollution arising from or as a result of the activity to which the waste licence relates is of such significance that the existing limit values specified in the waste licence need to be revised or new such values need to be specified in the waste licence,
(ii) that substantial changes in best available techniques make it possible to reduce emissions from the said activity significantly without imposing excessive costs,
(iii) that the operational safety of the said activity requires techniques, other than those currently being used in respect of it, to be used,
or
(b) new requirements (whether in the form of standards or otherwise) are prescribed, by or under any enactment or Community act, being requirements that relate to—
(i) the conduct or control of the activity to which the waste licence relates,
(ii) the content or nature of an emission concerned, or
(iii) the effects of the activity on such an emission.
(3) The grounds mentioned in subsection (1)(a) are:
(a) there has been a material change in the nature of the activity to which the waste licence relates, or in the nature or extent of an emission concerned, or of the location in which the said activity is carried on or an adjacent area,
(b) there has been a material change, which could not reasonably have been foreseen when the waste licence was granted, in the condition of the environment in the area in which the activity to which the licence relates is carried on,
(c) evidence, which was not available when the waste licence was granted and would have materially affected the decision of the Agency to grant the licence subject to the conditions to which it was granted, has become available.
(4) In the review of a waste licence under this section, the Agency shall have regard to—
(a) any change in the quality of the environment in the area in which the activity to which the waste licence relates is carried on, and
(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution,
since the waste licence was granted or last reviewed.
(5) (a)The Agency may review a waste licence upon receipt of a notification under section 40(13), or on otherwise becoming aware of the cessation of the activity to which the licence relates, or following a refusal by it to accept the surrender of the licence under section 48(7).
(b) In a review under this subsection, the Agency shall determine such measures as are in its opinion necessary for the purpose of, as appropriate—
(i) the closure, restoration, remediation or aftercare of any facility concerned for the recovery or disposal of waste,
(ii) environmental protection,
and may grant a revised waste licence accordingly, including such conditions as it deems appropriate as respects the matters aforesaid.
(6) A holder of a waste licence shall give notice in writing to the Agency of any proposal to effect a change in the nature, extent or function of an activity or facility to which that licence relates if the effecting of that change could have consequences for the environment.
(7) A change referred to in subsection (6) shall not be effected unless either—
(a) by notice in writing served on the holder concerned, the Agency states that the activity concerned could, if the change were to be effected, continue to be carried on in conformity with this Act without a review of the licence concerned under subsection (1) having to be carried out first and a revised licence granted thereunder, or
(b) a review of the licence concerned under subsection (1) is carried out first and a revised licence is granted thereunder that permits the activity concerned to continue to be carried on in conformity with this Act after the change has been effected.
(8) As soon as may be after it has completed a review of a waste licence under this section, the Agency may—
(a) grant to the holder thereof a waste licence (“a revised waste licence”) the terms and conditions of which are, in such respects as the Agency thinks appropriate, different from those of the first-mentioned licence and the revised waste licence shall have effect in lieu of the first-mentioned licence, or
(b) refuse to grant to that holder such a licence.
(9) Without prejudice to the generality of subsection (2)(b), the Minister may by regulations—
(a) prescribe specific circumstances in which the obligation under that provision to review a waste licence granted in respect of a specified class or classes of waste activity shall arise, the grounds for such review, the time within which such review shall be carried out, and relevant procedures to be followed, and
(b) require the taking by the Agency of specified measures consequent upon the completion of such a review.
(10) Subsection (9) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency or a local authority of a function conferred on it by or under this Act in relation to a waste recovery or disposal activity.]
Annotations
Amendments:
F211
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 40, S.I. No. 393 of 2004.
Editorial Notes:
E481
Review of waste licence under section made subject to European Union (Environmental Impact Assessment) (Waste) Regulations 2012 and European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 11, in effect as per reg. 1(2), and (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013, reg. 7.
E482
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
Transfer of waste licences.
47.—(1) A waste licence may be transferred from the holder to another person in accordance with this section.
(2) Where the holder of a waste licence desires that the licence be transferred to another person (hereafter in this section referred to as “the proposed transferee”), the holder of the licence and the proposed transferee shall jointly make an application to the Agency requesting that such a transfer be effected by the Agency.
(3) An application under subsection (2) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 50 and the waste licence concerned.
(4) The Agency may require the provision of such further information by the holder of the licence or the proposed transferee as it considers appropriate for the purposes of dealing with an application made by them under this section.
(5) If, on consideration of an application under subsection (2), and any relevant information provided in respect thereof, the Agency is satisfied—
(a) that the proposed transferee would, if he or she were an applicant for the licence, be regarded by it as a fit and proper person to be granted under section 40 a like waste licence to the licence concerned,
(b) that the proposed transferee has complied with any requirements under section 53, and
(c) regarding such other matters as may be prescribed,
it shall effect a transfer of the licence to the proposed transferee in such manner as may be prescribed.
(6) A person to whom a waste licence is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the licence, regardless of how and in respect of what period, including a period prior to the transfer of the licence, they may arise.
Surrender of waste licences.
48.—(1) A waste licence may be surrendered by its holder, but only if the Agency accepts the surrender.
(2) The holder of a waste licence who desires to surrender it shall make an application for that purpose to the Agency, in such form, giving such information and accompanied by such evidence as may be prescribed and accompanied by such fee as may be prescribed under section 50.
(3) Upon receiving an application for the surrender of a waste licence, the Agency—
(a) shall inspect the facility at which the activity to which the licence relates is carried on (“the relevant facility”), and
(b) may require the holder of the licence to furnish to it such further information or evidence as it may specify.
(4) For the purpose of subsection (3), the Agency may, by notice in writing served on the person, require a person who has made an application to it under subsection (2) to carry out, or arrange to have carried out, in such manner as may be specified in the notice, such monitoring, sampling and investigations, in addition to those which may be required under a condition attached to the waste licence concerned, as the Agency considers necessary, and so specifies, and any requirement so made shall be regarded as a condition attaching to that licence.
(5) Where the Agency proposes to accept the surrender of a waste licence, it shall consult with such persons and in accordance with such procedures as may be prescribed.
(6) Having regard to such information or evidence as is furnished to it under paragraph (b) of subsection (3) and to the results of an inspection under paragraph (a) of that subsection and of any monitoring, sampling and investigation required to be carried out under subsection (4), the Agency shall assess the condition of the relevant facility, so far as that condition is the result of the use of the facility for the recovery or disposal of waste (whether or not carried on in accordance with the waste licence concerned) and the likely effect on any environmental media of any emissions from the relevant facility that may occur.
(7) If the Agency is satisfied that the condition of the relevant facility is not causing or likely to cause environmental pollution, it shall accept the surrender of the waste licence, but otherwise shall refuse to accept the surrender of the licence.
(8) A decision of the Agency under subsection (7) shall be conveyed to—
(a) the applicant concerned,
(b) the local authority in whose functional area the activity, the subject matter of the waste licence, has been carried on, and
(c) any person concerned that it has consulted under subsection (5),
by notice in writing, as soon as may be after the decision is made and where the decision is a decision to accept the surrender of a waste licence, that licence shall cease to have effect upon the service of the said notice.
(9) The making of an application for the surrender of a waste licence under this section or the cesser of the activity to which a waste licence relates, shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the holder of such licence as are specified in or arise under the licence.
F212[
Revocation or suspension of waste licence in certain circumstances.
]
F212[48A.—(1) The Agency may revoke, or suspend the operation of, a waste licence if it appears to the Agency that—
(a) the holder of the licence no longer satisfies the requirements specified in section 40(7) for his or her being regarded as a fit and proper person, and
(b) the circumstances occasioning his or her no longer satisfying those requirements are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation.
(2) References in this Act to the cessation of the activity to which a waste licence relates shall be construed as including references to such a cessation in consequence of the revocation of the licence.
(3) None of the requirements of section 46 or of any other provision of this Part shall apply to the exercise of the power under subsection (1) but where the Agency proposes to exercise the power it shall afford the holder of the licence, and any other person whom it considers ought to be afforded such an opportunity, an opportunity to make representations to it in relation to the matter.
(4) The cesser of a waste licence’s effect under this section shall in no way affect or diminish such conditions, requirements or obligations (being conditions, requirements or obligations that apply to, or fall on the holder of such licence by virtue of the licence) as may be specified by the Agency in exercising the powers under this section.
(5) The holder or former holder of the licence may appeal to the High Court against a revocation or suspension of a waste licence under this section and, on the hearing of the appeal, the High Court may confirm or annul the revocation or suspension or, in the case of a suspension, vary the period for which the suspension shall operate.
(6) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him or her to be necessary to give full effect to any of the provisions of this section.]
Annotations
Amendments:
F212
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 41, S.I. No. 393 of 2004.
Limit on duration of waste licences.
49.—(1) Where the activity to which a waste licence relates has not been substantially commenced within the period of 3 years beginning on the date on which the licence was granted or, as may be appropriate, the period referred to in paragraph (a) or (b) of subsection (2), then that licence shall cease to have effect on the expiry of the said period.
(2) The Agency may, having regard to the nature of the activity to which a waste licence to be granted or granted by it will relate or relates, as the case may be, and any arrangements necessary to be made or made in connection with the carrying on of the activity and any other relevant consideration—
(a) specify for the purposes of subsection (1) a period of more than 3 years beginning on the date on which the licence is to be granted,
(b) in the case of a waste licence granted by it, on an application which complies with such requirements (if any) as may be prescribed being made by the holder of the licence in that behalf, extend for the purposes of subsection (1) the period referred to in that subsection or specified by it under paragraph (a), as may be appropriate.
F213[(3) Where the activity to which a waste licence relates ceases to be carried on then, unless the activity is resumed within the period of 3 years beginning on the date of that cessation, the licence shall cease to have effect on the expiry of the said period.
(4) The cesser of a waste licence’s effect under this section shall in no way affect or diminish the conditions, requirements or obligations that apply to, or fall on, the holder of such licence by virtue of the licence.]
Annotations
Amendments:
F213
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 42, S.I. No. 393 of 2004.
Fees.
50.—(1) The Minister shall make regulations providing for the, payment to a local authority or the Agency, as appropriate, of a fee of a specified amount in respect of—
F214[(a) an application made to the local authority for—
(i) the grant of a waste collection permit under section 34,
(ii) a review of a waste collection permit under section 34A(1)(b), or
(iii) the transfer of a waste collection permit under section 34B,]
(b) an application made to the Agency for—
(i) the grant of a waste licence under section 40;
(ii) a review of such a licence under section 46;
(iii) the transfer of such a licence under section 47;
(iv) the surrender of such a licence under section 48; and
(v) the extension for the purposes of section 49 of a period mentioned in that section,
(c) an objection made to the Agency under section 42 (3) or a request for an oral hearing in relation to such an objection made to it under section 42 (9),
and such regulations may make provision for—
(I) the payment of fees of different amounts in respect of different classes of such applications or other matters as aforesaid,
(II) the exemption from the payment of any such fee in such circumstances as may be specified,
(III) the waiver, remission or refund (in whole or in part) of any such fee in such circumstances as may be specified, and
(IV) the manner in which such fees may be disposed of.
(2) Where, pursuant to regulations under this section, a fee is payable to a local authority or the Agency in respect of an application or request made to it, the local authority or the Agency, as the case may be, shall not consider or determine the application or request unless and until such fee is received.
Annotations
Amendments:
F214
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 42, S.I. No. 358 of 2015.
Editorial Notes:
E483
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E484
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).
E485
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).
E486
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E487
Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).
E488
Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E489
Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).
E490
Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.
E491
Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.
Recovery of sludges and agricultural waste.
51.—(1) The provisions of this section shall apply notwithstanding the provisions of any bye-law made under section 21 of the Local Government (Water Pollution) (Amendment) Act, 1990.
(2) F215[(a) subject to paragraph (b), a waste licence under section 39 shall not be required for the recovery of sludge for use in agriculture.]
(b) The Minister may make regulations amending paragraph (a) by adding or deleting to or from that provision any specified class or classes of waste or waste recovery activity.
(c) “Recovery”, for the purpose of this section, includes the injection of waste into land for the purpose of benefiting the carrying on of any agricultural or silvicultural activity or an ecological system.
(3) The Minister may make regulations prohibiting, or limiting or controlling in a specified manner and to a specified extent, the recovery of any waste to which subsection (2) applies (hereafter in this section referred to as “relevant waste”).
(4) Without prejudice to the generality of subsection (3), regulations under this section may make provision in relation to all or any of the following matters:
(a) a requirement that the recovery of relevant waste shall not be carried out without the prior written consent of the local authority in whose functional area the proposed recovery activity is to take place, and enabling that local authority to attach such conditions to such a consent as it considers appropriate,
(b) the rate at which relevant waste may be spread on or injected into land,
(c) specifying—
(i) limits in respect of the constituent elements of relevant waste or of the concentration of such elements in land on which relevant waste is recovered, and
(ii) maximum annual quantities of the constituent elements of relevant waste which may be recovered on land,
(d) the treatment, sampling and analysis, in a specified manner, of relevant waste and the monitoring, sampling and analysis, in a specified manner, of land on which such waste is recovered,
(e) restricting the use of land on or in which relevant waste is recovered,
(f) (i) the keeping by a person of records containing specified particulars as respects—
(I) the production, treatment, recovery, or the transfer to another person, of relevant waste,
(II) the monitoring, sampling and analysis of relevant waste or of land on which such waste is recovered,
(ii) the entry in a register required to be established and maintained for the purpose by a local authority of particulars as aforesaid,
(iii) the furnishing of specified information to a local authority or any other specified person in relation to the matters referred to in subparagraph (i),
(g) the furnishing by a local authority to the Agency of such information regarding waste referred to in subsection (2) (a) (i), in such manner and at such times, as the Agency may require and the preparation and publication by the Agency—
(i) of a report, by a specified date, regarding the recovery and disposal of the said waste,
(ii) of further reports, at specified intervals after the said date, regarding the said recovery and disposal,
(h) the issue of directions or guidance to local authorities with respect to the performance of their functions under regulations under this section,
(i) requiring compliance by specified persons with specified codes of practice concerning the carrying on of any recovery activity in respect of relevant waste,
(j) any matters consequential on, or incidental to, the foregoing.
(5) A person who contravenes a provision of regulations under this section shall be guilty of an offence.
(6) For the purpose of this section, other than subsection (4) (a), “local authority” includes the corporation of a borough of any kind and the council of an urban district.
Annotations
Amendments:
F215
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 23.
Editorial Notes:
E492
Power pursuant to section exercised (30.06.2001) by Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations 2001 (S.I. No. 267 of 2001), in effect as per reg. 1(3).
E493
Power pursuant to section exercised (20.05.1998) by Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 (S.I. No. 148 of 1998), in effect as per reg. 1(2).
E494
Power pursuant to section exercised (20.05.1998) by Waste Management (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 146 of 1998), in effect as per reg. 1(2).
E495
Previous affecting provision: subs. (2)(a)(i) substituted (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 23, in effect as per reg. 2; substituted as per F-note above.
E496
Previous affecting provision: subs. (2)(a)(i) substituted (20.05.1998) by Waste Management (Amendment of Waste Management Act 1996) Regulations 1998 (S.I. No. 146 of 1998), reg. 2, in effect as per reg. 1(2); substituted as per F-note above.
Discharges to sewers.
52.—Section 97 of the Act of 1992 shall apply in relation to the grant of a waste licence under this Part as if a reference in that section to a licence or revised licence were a reference to a waste licence under this Part.
Financial provisions regarding waste recovery and disposal.
53.—(1) The Agency may, before it does any of the following things, namely—
(a) decides whether to—
(i) grant a waste licence,
(ii) transfer such a licence,
(b) conducts a review of a waste licence,
require the applicant for, or the holder of, the licence or the proposed transferee, as the case may be, to—
(i) furnish to it such particulars in respect of such matters affecting his or her ability to meet the financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the licence relates or will relate, as the case may be, in accordance with the terms of the licence or in consequence of ceasing to carry on that activity as it may specify, and
(ii) make, and furnish evidence of having so made, such financial provision as it may specify (which may include the entering into a bond or other form of security) as will, in the opinion of the Agency, be adequate to discharge the said financial commitments or liabilities.
(2) A person who, pursuant to a requirement made of him or her under subsection (1), furnishes to the Agency any particulars or evidence which he or she knows to be false or misleading in a material respect shall be guilty of an offence.
(3) The Minister may make regulations for the purposes of this section.
(4) Without prejudice to the generality of subsection (3), regulations under this section may specify by reference to the type of activity to which the waste licence concerned relates or will relate—
(a) the nature of the financial provision that the Agency may require a person to make under subsection (1) (ii),
(b) the matters to be had regard to by the Agency in determining the amount of financial provision that it may require a person to make under subsection (1) (ii).
Annotations
Editorial Notes:
E497
Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).
E498
Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
S.I. No. 286/2009 –
Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009
INDEX
1. Citation
2. Purpose of these Regulations
3. Interpretation
4. Prohibitions
5. Permissible disposal of waste by burning
6. Certificate of Registration
7. False or misleading information or failure to provide information
SCHEDULE
Statutory Notice
S.I. No. 286 of 2009
WASTE MANAGEMENT (PROHIBITION OF WASTE DISPOSAL BY BURNING) REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 31st July, 2009.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 7, 18 and 39 of the Waste Management Acts 1996 to 2008 and section 53 of the Air Pollution Act, 1987 (hereinafter referred to as the Act of 1987) hereby makes the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009.
Purpose of these Regulations
2. The purposes for which these Regulations are made include the prohibition of the disposal of waste by burning and the prevention of environmental pollution by such disposal.
Interpretation
3. In these Regulations—
(1) any reference to a Regulation or Schedule is a reference to a Regulation of, or Schedule to, these Regulations.
(2) “burning” means the combustion of waste—
(a) with or without control of the combustion air, and
(b) without an adequate stack or chimney so as to result in the emission of combustion products to the atmosphere in a manner that causes or is likely to cause environmental pollution;
“Facility Permit Regulations” means the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ) as amended by the Waste Management ((Facility Permit and Registration (Amendment)) Regulations 2008 ( S.I. No. 86 of 2008 ); and
“IPPC licence” means a licence for the purposes of Part IV of the Environmental Protection Agency Acts 1992 to 2007.
Prohibitions
4. (1) Except as provided for in Regulation 5, a holder of waste shall not dispose of it by burning.
(2) (a) The owner or holder of a device, or
(b) The owner or occupier of a facility or lands which may facilitate the burning of waste shall take all reasonable steps to ensure that such a device, facility or lands is not used for the burning of waste, other than in accordance with—
(i) Regulation 6(2) of the Facility Permit Regulations, or
(ii) any Regulations which may be made under Section 53 of the Act of 1987, or
(iii) Regulation 5.
(3) Household waste shall not be disposed of by burning either within a building, the curtilage of a building, any self contained part of a building used for the purposes of living accommodation or its curtilage other than in accordance with—
(a) Regulation 6(2) of the Facility Permit Regulations, and
(b) any Regulations which may be made under Section 53 of the Act of 1987.
(4) Waste burners and other devices, whether designed primarily for the disposal of waste by burning or otherwise, and whether or not such devices are fitted with or attached to a stack or flue, shall not be used for waste disposal other than in accordance with any Regulations which may be made under the Act of 1987.
Permissible disposal of waste by burning
5. (1) Without prejudice to any other enactment or rule of law, Regulation 4 shall not apply when the following conditions are fulfilled—
(a) the burning of waste relates solely to material consisting of uncontaminated (free of dangerous substances, preservatives or other artificial impregnation or coating) wood, trees, tree trimmings, leaves, brush, or other similar waste generated by agricultural practices, but excluding garden and park wastes and cemetery wastes and wastes arising from infrastructural development works, provided that such burning is done as a final measure following the application of the following waste hierarchy—
(i) waste arisings are reduced in accordance with best agricultural practice,
(ii) waste is reused where practicable,
(iii) is recycled through shredding and use as compost or wood chippings, where practicable, and
(iv) is salvaged for use as fuel where practicable,
(b) where none of the options in sub-paragraph (a) are practicable or economically viable such waste may be disposed of by burning subject to the following conditions—
(i) the person carrying out the disposal shall take all reasonable measures to limit the overall nuisance or possibilities for endangering human health or causing environmental pollution or damage to adjoining hedgerows or habitats,
(ii) no accelerants may be used when undertaking the disposal activity,
(iii) the person carrying out the disposal shall notify the local authority concerned in advance of the intention to carry out the disposal by providing the information set out in the Schedule,
(c) the waste is sent for disposal at a facility in accordance with the conditions of a waste licence or an IPPC licence which has been granted by the Agency,
(d) untreated or uncontaminated (free of preservatives, paints, varnishes, laminate or other artificial impregnation or coating) wood waste and other similar materials is used in barbecues for the purpose of cooking food, or
(e) burning of waste takes place at events as may be determined locally by a local authority.
(2) A local authority may issue a notice to a person regarding steps that shall be taken regarding burning of waste and that person shall comply with the provisions of the notice.
Certificate of Registration
6. (1) The burning of waste in compliance with Regulation 5(1)(a) shall cease on 1 January 2014 unless an application is made for a Certificate of Registration under the Facility Permit Regulations in relation to the activity in question before that date.
(2) Where a person makes an application provided for in paragraph (1) the burning of waste in compliance with the procedures set out in Regulation 5(1)(a) shall cease following the issuing or refusal of a Certificate of Registration in accordance with the provisions of the Facility Permit Regulations.
(3) The registration holder shall comply with the provisions of Regulation 5 and any additional provisions as may be prescribed in the Certificate of Registration.
(4) Where a person does not make an application for a Certificate of Registration before the date prescribed in paragraph (1) the provisions of Regulation 5 shall not apply and the burning of such waste as an agricultural practice shall be an offence.
False or misleading information or failure to provide information
7. (1) A person shall not furnish information, which he or she knows to be false or misleading in a material respect, in support of an application or in response to any notice or other document used for the purposes of these Regulations and any person who does so shall be guilty of an offence.
(2) A person who fails to comply with a notice to provide information which a local authority or the Agency requires under these Regulations shall be guilty of an offence.
SCHEDULE
Statutory Notice
Checklist of advance information to be provided by a person to a local authority concerning the proposed burning of agricultural waste in accordance with the provisions of Regulation 5(1)(a).
Name:
Address: (correspondence address)
Telephone:
Local authority administrative area:
I hereby give notice to (give the name of the local authority) of my intention to burn waste solely consisting of uncontaminated (free of dangerous substances, preservatives or other artificial impregnation or coating) wood, trees, tree trimmings, leaves, or brush, or other similar waste generated by agricultural practices (but excluding garden and park wastes and cemetery wastes and waste arising from infrastructural development works)
on (give the proposed date of theburning) at (location whereproposed burning will take place).
Declaration of suitability: I declare that such burning will be done as a final measure following the application of the following waste hierarchy:
i. reduction of waste arisings in accordance with best agricultural practice,
ii. reuse of waste where practicable,
iii. recycling of waste through shredding and use as compost or wood chippings, where practicable,
iv. salvage of waste for use as fuel, where practicable,
v. disposal, where none of the options at (i) to (iv) above are practicable or economically viable but subject to the following conditions—
(I) adequate measures will be taken to limit the overall nuisance or possibilities for endangering human health or causing environmental pollution, and
(II) no accelerants will be used when undertaking the disposal activity.
……………………………………………………………………………….Name (block capitals)
Date ……………………………………………………………………….
WARNING. A person who gives false or misleading information for the purpose of this notice may be guilty of an offence.
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Given under the Official Seal of the Minister for the Environment, Heritage and Local Government,
27 July 2009
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)
The purpose of these regulations is to abolish the practice of burning of waste, by making it an offence to do so under waste legislation. An exemption under these regulations exists to allow farmers, as a last resort, to dispose of wastes generated by agricultural practices.S.I. No. 538/2015 – Waste Management
(Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015.
Interpretation
2. “Principal Regulations” means the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. 504 of 2013).
Amendment of the Principal Regulations
3. The Principal Regulations are amended by substituting for Regulation 6 the following:
“ Cessation of the permissible disposal of waste by burning
6. The burning of waste in compliance under Regulation 5(1)(a) and 5(1)(b) shall cease on 1 January 2018.”.
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Given under my Official Seal,
24 November 2015.
ALAN KELLY,
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)
The purpose of these regulations is to extend until 1 January, 2018 an exemption provided for under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. 504 of 2013) which exists to allow farmers, as a last resort, to dispose of wastes generated by agricultural practices.8
S.I. No. 599/2017 –
Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017.
I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017.
Interpretation
2. “Principal Regulations” means the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. 538 of 2015).
Amendment of the Principal Regulations
3. The Principal Regulations are amended by substituting for Regulation 6 the following:
“ Cessation of the permissible disposal of waste by burning
6. The burning of waste in compliance under Regulation 5(1) (a) and 5(1) (b) shall cease on 1 January 2020.”.
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GIVEN under my Official Seal,
19 December 2017.
DENIS NAUGHTEN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of these regulations is to extend until 1 January, 2020 an exemption provided for under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. 538 of 2015) which exists to allow farmers, as a last resort, to dispose of wastes generated by agricultural practices.
S.I. No. 684/2019 –
Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019.
Interpretation
2. “Principal Regulations” means the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. 538 of 2015) and the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. 599 of 2017).
Amendment of the Principal Regulations
3. The Principal Regulations are amended by substituting for Regulation 6 the following:
“Cessation of the permissible disposal of waste by burning
6. The burning of waste in compliance with Regulation 5(1) (a) and 5(1) (b) shall cease on 1 January 2021.”.
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GIVEN under my Official Seal,
20 December 2019.
RICHARD BRUTON
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of these regulations is to extend until 1 January, 2021 an exemption provided for under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) which exists to allow farmers, as a last resort, to dispose of wastes generated by agricultural practices.
S.I. No. 738/2020 –
Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020.
Interpretation
2. “Principal Regulations” means the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. 538 of 2015), the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. 599 of 2017) and the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019 (S.I. 684 of 2019).
Amendment of the Principal Regulations
3. The Principal Regulations are amended by substituting for Regulation 6 the following:
“Cessation of the permissible disposal of waste by burning
6. The burning of waste in compliance with Regulation 5(1) (a) and 5(1) (b) shall cease on 1 January 2022.”.
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GIVEN under my Official Seal,
30 December 2020.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these regulations is to extend until 1 January 2022 an exemption provided for under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) which exists to allow farmers, in accordance with the waste hierarchy and as a last resort, to dispose of wastes generated by agricultural practices.
S.I. No. 51/2022 –
Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022.
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022.
Interpretation
2. “Principal Regulations” means the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. 538 of 2015), the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. 599 of 2017), the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019 (S.I. 684 of 2019) and the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020 (S.I. 738 of 2020).
Amendment of the Principal Regulations
3. The Principal Regulations are amended by substituting for Regulation 6 the following:
“ Cessation of the permissible disposal of waste by burning
6. The burning of waste in compliance with Regulation 5(1) (a) and 5(1) (b) shall cease on 1 January 2023.”.
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GIVEN under my Official Seal,
9 February 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of these regulations is to extend until 1 January, 2023 an exemption provided for under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) which exists to allow farmers, as a last resort, to dispose of wastes generated by agricultural practices.
S.I. No. 821/2007 –
Waste Management (Facility Permit and Registration) Regulations 2007
WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) REGULATIONS 2007
INDEX
1. Citation.
2. Commencement.
3. Revocations and transitional arrangements.
4. Purpose of Regulations.
5. Interpretation generally.
6. Non-application of section 39(1) of the Act.
7. Notice of intention to apply for a waste facility permit.
8. Requirements as to notices.
9. Making of an application to a local authority for a waste facility permit.
10. Contents of an application for a waste facility permit.
11. Declarations on waste licences, waste facility permits or certificates of registration.
12. Procedure on receipt of an application for a waste facility permit.
13. Further information.
14. Availability and inspection of documents.
15. Submissions to a local authority regarding an application for a waste facility permit.
16. Period for determination of an application for a waste facility permit.
17. Investigations concerning discharges to groundwater.
18. Determination and notice of decision of grant or refusal in relation to a waste facility permit.
19. Conditions which shall be attached to a waste facility permit.
20. Conditions which may be attached to a waste facility permit.
21. Conditions relating to the operation of mobile plant.
22. Offences for the purpose of articles 36 and 38.
23. Amendment to the Waste Management Act 1996
24. Notice and information to the Agency and to the Minister for Agriculture and Food.
25. Notice and information to the local authority regarding a waste facility permit.
26. Amendments to a waste facility permit of a clerical or technical nature.
27. Transfer of a waste facility permit.
28. Withdrawal or abandonment of an application for a waste facility permit.
29. Surrender of a waste facility permit.
30. Notice from the local authority requiring a review of a waste facility permit.
31. Application made by permit holder for the review of a waste facility permit.
32. Procedures to be applied by the local authority in the determination of an application for the review of a waste facility permit.
33. Decision on an application for the review of a waste facility permit on the basis of particulars received from the applicant.
34. Decision on an application for the review of a waste facility permit on the basis of particulars received from the applicant and other persons.
35. Determination and notice of grant or refusal of a reviewed waste facility permit.
36. Revocation of a waste facility permit.
37. Registration of certain activities.
38. Review, amendment, revocation or transfer of a certificate of registration.
39. Surrender of a certificate of registration.
40. Monitoring, inspection, auditing and enforcement.
41. Entries in registers established under section 19 of the Act.
42. Fees payable.
43. False or misleading information or failure to provide information.
44. Defrayal of local authority or Agency costs.
FIRST SCHEDULE
REGULATIONS REVOKED
SECOND SCHEDULE
PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE FACILITY PERMITS GRANTED BY A LOCAL AUTHORITY OR CERTIFICATES OF REGISTRATION GRANTED BY A LOCAL AUTHORITY OR THE AGENCY
THIRD SCHEDULE
ACTIVITIES TO BE PERMITTED OR REGISTERED
FOURTH SCHEDULE
GENERAL RULES IN RESPECT OF REGISTERED ACTIVITIES
FIFTH SCHEDULE
FEES PAYABLE
S.I. No. 821 of 2007
WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th December, 2007.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 15, 18, 19, 32, 39 and 53E of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—
Citation
1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) Regulations 2007.
Commencement
2. These Regulations shall come into operation on 31 March 2008.
Revocations and transitional arrangements
3. (1) Subject to sub-article (2), the Regulations specified in the first schedule to these Regulations (referred to hereafter as “the regulations revoked”) are hereby revoked.
(2) The provisions of the Regulations revoked shall, notwithstanding sub-article (1), continue to apply and have effect in relation to any application that is made for a waste permit or a certificate of registration, or any waste permit or certificate of registration which has been granted, before the coming into operation of these Regulations.
(3) A certificate of registration granted under the Regulations revoked in respect of an activity which does not fall within part II of the third schedule and requires a waste facility permit in accordance with part I of the third schedule, shall remain valid if an application for a waste facility permit is made within sixty working days of the coming into operation of these Regulations, until such time as a decision is taken to grant or to refuse a waste facility permit under article 18, at which point the certificate of registration will lapse.
(4) A waste permit granted under the Regulations revoked in respect of an activity which does not fall within part I of the third schedule and which requires a waste licence in accordance with the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ), as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 180 working days of the coming into operation of these Regulations, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, at which point the waste facility permit will lapse.
(5) Where an application for a review of an existing waste facility permit is made after the coming into operation of these Regulations, the application shall be reviewed in accordance with the procedures pursuant to articles 30 and 31. On completion of the review of the waste facility permit, the full provisions of these Regulations shall apply in relation to the activity.
(6) Where an application for a review of a certificate of registration is made after the coming into operation of these Regulations, the application shall be reviewed in accordance with the procedures set out in article 38. On completion of the review of the certificate of registration, the provisions of these Regulations will apply in relation to the activity.
Purpose of Regulations
4. The purpose for which these Regulations are made include giving effect to the provisions of—
(a) Council Directive 75/439/EEC of 16 June 1975 1 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986 2 ,
(b) Council Directive 75/442/EEC of 15 July 1975 3 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991 4 and codified under Directive 2006/12/EC of the European Parliament and the Council of 5 April 2006 5 on waste,
(c) Directive 2006/11/EC of 15 February 2006 6 of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the community,
(d) Directive 2006/118/EC of 12 December 2006 7 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration.
(e) Council Directive 80/68/EEC of 17 December 1979 8 on the protection of groundwater against pollution caused by certain dangerous substances,
(f) Council Directive 87/217/EEC of 19 March 1987 9 on the prevention and reduction of environmental pollution by asbestos,
(g) Council Directive 91/676/EEC of 12 December 1991 10 concerning the protection of waters against pollution caused by nitrates from agricultural sources,
(h) Council Directive 91/689/EEC of 12 December 1991 11 on hazardous waste,
(i) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 12 establishing a framework for Community action in the field of water policy,
(j) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 13 on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005,
(k) Directive 2002/96/EC of the European Parliament and the Council of 27 January 2003 14 on waste electrical and electronic equipment (WEEE), as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 15 ,
(l) Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 16 on packaging and packaging waste, as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 17 ,
(m) Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 18 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003 19 ,
(n) Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 20 on substances that deplete the ozone layer, as amended by Regulation (EC) No. 2038/2000 of the European Parliament and of the Council of 29 September 2000 21 , Regulation (EC) No. 2039/2000 of the European Parliament and of the Council of 29 September 2000 22 , Regulation (EC) No. 1804/2003 of the European Parliament and of the Council of 16 October 2003 23 , Commission Regulation (EC) No. 2077/2004 of 4 December 2004 24 and Commission Regulation (EC) No. 29/2006 of 11 January 2006 25 and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 26 ,
(o) Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 27 on certain fluorinated greenhouse gases,
(p) Council Directive 1999/31/EC of 26 April 1999 28 on the landfill of waste,
(q) Council Directive 91/157/EEC of 18 March 1991 29 on batteries and accumulators containing certain dangerous substances as amended by Commission Directive 93/86/EEC of 4 October 1993 30 and by Commission Directive 98/101/EC of 22 December 1998 31 ,
(r) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 32 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,
(s) Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics 33 ,
(t) Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC 34 , as amended by Council Regulation (EC) No. 1195/2006 35 and Council Regulation (EC) No. 172/2007 36 ,
(v) Council Directive 79/409/EEC of 2 April 1979 37 on the conservation of wild birds,
(w) Council Directive 92/43/EEC of 21 May 1992 38 on the conservation of natural habitats and of wild fauna and flora,
(x) Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration 39 , and
Interpretation generally
5. (1) In these Regulations—
(a) any reference to a schedule or article, which is not otherwise identified, is a reference to a schedule or article of these Regulations,
(b) any reference to a sub-article or paragraph, which is not otherwise identified, is a reference to a sub-article or paragraph of the provision in which the reference occurs.
(2) In these Regulations, save where the context otherwise requires—
“the Act” means the Waste Management Acts 1996 — 2007;
“activity” means in relation to the disposal and recovery of waste any of the activities specified in the third schedule of the Act or, as the case may be, the fourth schedule of the Act and “disposal activities” or “waste recovery activities” shall be construed accordingly;
“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;
“agriculture” means the growing of all types of commercial food crops, including food crops for stock-rearing purposes,
“anaerobic digestion” means the biological decomposition of biowaste in the absence of oxygen and under controlled conditions by the action of micro-organisms in order to produce biogas and digestate;
“animal by-products” has the meaning assigned to it by article 2 of Regulation (EC) No. 1774/2002;
“appellant” means an applicant or a local authority who makes a request to the Agency in accordance with article 11 for a determination of whether an activity shall be regarded as a licensable activity under section 39(1) of the Act or as requiring a waste facility permit or certificate of registration under these Regulations, or as none of these;
“an application” means, as the case may be, an application for a—
(a) waste facility permit,
(b) review of a waste facility permit,
(c) surrender of a waste facility permit,
(d) transfer of a waste facility permit,
(e) certificate of registration,
(f) review of a certificate of registration,
(g) surrender of a certificate of registration, or
(h) transfer of a certificate of registration;
“applicant” means, as the case may be, an applicant for a—
(a) waste facility permit,
(b) review of a waste facility permit,
(c) surrender of a waste facility permit,
(d) transfer of a waste facility permit,
(e) certificate of registration,
(f) review of a certificate of registration,
(g) surrender of a certificate of registration, or
(h) transfer of a certificate of registration,
and may include the holder of the waste;
“authorised facility” means a facility which has been granted a waste authorisation in the form of a waste licence, a waste facility permit or a certificate of registration;
“biodegradable” means waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and cardboard;
“biological treatment” means composting, anaerobic digestion, mechanical-biological treatment or any other biological treatment process for stabilising and sanitising biodegradable waste, including pre-treatment processes;
“biowaste” means source segregated household or commercial waste of an organic or putrescible character, such as food or garden waste;
“central collection point” means—
(a) a Civic Amenity Facility, or
(b) other facility for the receipt, storage (including temporary storage), segregation, sorting or repackaging of waste pending onward transport and subsequent submission to a recovery activity at an authorised facility,
subject to such a facility being appropriately licensed, permitted or registered under Regulations made pursuant to section 39 of the Act, or other such facilities as may be prescribed;
“certificate of registration” means a certificate issued under article 37 of these Regulations and, for the purposes of these Regulations, shall include a “registration certificate” which has been granted as a waste authorisation by the Agency or, as the case may be, a local authority in accordance with the provisions of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) and which regulates the reception, storage (including temporary storage), segregation, sorting or repackaging of Waste Electrical and Electronic Equipment at a facility, subject to any amendment that may be made to the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) from time to time;
“civic amenity facility” shall include a civic amenity site and a recycling centre and means a facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste and which is appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act;
“commercial documentation” means a record of the particulars of each consignment of waste which is delivered to a facility, including details of the—
(a) date of delivery,
(b) sources, types and quantities of the wastes received,
(c) name, address and waste authorisation number of the carrier, and
(d) name, address and waste authorisation reference number of any facility to which the waste is consigned for onward transfer from the facility concerned.
“Community Act” has the meaning assigned to it by section 5 of the Act;
“composting” means the autothermic and thermophilic biological decomposition of separately collected biowaste, including organic sludges of biological origin, in the presence of oxygen and under controlled conditions in order to produce compost, and “compost” and “compostable” shall be construed accordingly;
“Directive 2006/12/EC” means Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste which codifies Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;
“dredge spoil” means waste materials arising from dredging operations from the sea, an estuary or an inland waterway;
“electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA and designed for use with a voltage rating not exceeding 1,000 Volt for alternating current and 1,500 Volt for direct current;
“electronic means” means using electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio or by other electromagnetic means;
“emission limit value” has the meaning assigned to it by section 5 of the Act;
“end-of-life vehicle” means a specified vehicle which is discarded or is to be discarded by its registered owner as waste and shall be read in accordance with the meaning of section 4(1)(a) of the Act and article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste;
“environmental pollution” has the meaning assigned to it in section 5 of the Act;
“European site” means-
(a) a site—
(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations 1997 40 , subject to any amendments made to it by virtue of Regulation 5 of those Regulations,
(ii) transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or
(iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, but only until the adoption in respect of the site of a decision by the Commission under article 21 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora for the purposes of the third paragraph of article 4(2) of that Directive.
(b) a site adopted by the Commission as a site of Community importance for the purposes of article 4(2) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora in accordance with the procedure laid down in article 21 of that Directive,
(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations 1997,
(d) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive 79/409/EEC on the conservation of wild birds;
“European Waste Catalogue” (or “EWC”) means the list of waste set out in Commission Decision 2001/118/EC of 16 January 2001 41 (made pursuant to article 1(a) of Council Directive 75/442/EEC on waste) and includes such amendments as may be made to the list from time to time;
“facility” shall have the meaning assigned by section 5 of the Act;
“fit and proper person” applies to a person if—
(a) neither that person nor any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 ,
(b) in the opinion of the Agency or, as the case may be, the local authority, that person or, as appropriate, any person or persons employed by him or her to direct or control the carrying on of the activity to which the waste facility permit or, as the case may be, the certificate of registration relates or, as appropriate, will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the permit or, as appropriate, the certificate of registration, and the other requirements of the Act,
(c) in the opinion of the Agency or, as the case may be, the local authority, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency or, as the case may be, the local authority reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the waste facility permit or, as the case may be, the certificate of registration relates or, as appropriate, will relate in accordance with the terms thereof or in consequence of ceasing to carry on that activity;
“fluorinated greenhouse gas” has the meaning as defined in Regulation (EC) No. 842/2006;
“fluorinated greenhouse gas container” means a product which is designed primarily for transporting or storing fluorinated greenhouse gases;
“halons” means those controlled substances contained in fire protection systems and fire extinguishers covered by the scope of Regulation (EC) No. 2037/2000 as detailed in Annex 1 of that Regulation;
“halon container” means a product which is designed primarily for transporting or storing halons;
“hazardous waste” has the meaning assigned to it by section 4 of the Act;
“household waste” has the meaning assigned to it by section 5 of the Act;
“household hazardous waste” means hazardous waste produced within the curtilage of a building or self-contained part of a building used for the purposes of living accommodation as well as commercial and other waste which, because of its nature or composition, is similar to household hazardous waste;
“immobilised vehicle” means a vehicle, other than an end-of-life vehicle which, in the reasonable opinion of the local authority, is not capable of being—
(a) physically driven, or
(b) driven in accordance with the prevailing Community legislation or relevant national legislation relating to safety standards, air emissions, noise controls, and the protection of soil and water;
“inert waste” means waste that—
(a) does not undergo any significant physical, chemical or biological transformations,
(b) will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter, or be adversely affected by other matter, including waters, with which it comes into contact in a way that causes or is likely to cause environmental pollution, or
(c) in particular, will not endanger the quality of surface water or groundwater;
“IPPC Licence” means a licence for the purposes of section 83 of the Environmental Protection Agency Acts 1992 and 2003;
“licensable activity” means an activity in relation to the carrying on of which a waste licence is required under section 39(1) of the Act;
“local authority” has the meaning assigned to it by section 5 of the Act;
“manure” means any excrement and/or urine of farmed animals with or without litter or guano that may be either unprocessed or processed in accordance with chapter III of annex VIII of Regulation (EC) No. 1774/2006 or otherwise transformed in biogas or composting plants;
“mechanical-biological treatment” means the treatment of residual municipal waste through a combination of mechanical processing and biological stabilisation, in order to stabilise and reduce the volume of waste which requires disposal;
“mobile plant” means any plant used for or in relation to the holding, recovery or disposal of waste, which is designed to be transported between, and used at, different facilities, other than mobile plant used for the recovery of waste for the time being specified in section 51(2)(a) of the Act;
“municipal waste” has the meaning assigned to it by section 5 of the Act;
“nutrient management plan” shall have the meaning imputed to it pursuant to section 66 of the Act;
“organic waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition through a biological treatment process, such as food and garden waste;
“party to an application” means the applicant and the local authority or, as the case may be, the Agency to which the application is being made, and “party” shall be construed accordingly;
“permit holder” means a holder of a waste facility permit issued in accordance with the provisions of these Regulations and, for the purpose of these Regulations, shall include a holder of a waste permit granted under the Waste Management (Permit) Regulations, 1998 42 ;
“premises” has the meaning assigned to it by section 5 of the Act;
“planning permission” means a permission granted under Part III of the Planning and Development Act of 2000;
“principal activity”, when used in the context of an application, in the case where two or more classes of activity as specified in the third schedule are being carried on at a facility, means the activity which is carried on to the greatest extent at the facility;
“principal office” means the central office of the local authority concerned, or such other office of the local authority which may be designated by the local authority for the purposes of dealing with matters covered by these Regulations;
“proposed transferee” means another person to whom a permit holder or a registration holder desires to transfer a waste facility permit or a certificate of registration respectively;
“refrigerant container” means a product which is designed primarily for transporting or storing refrigerant gases;
“refrigerant gases” means those gases contained in refrigeration, air-conditioning and heat pump equipment whether alone or in a mixture, including those gases as detailed in Annex I of Regulation (EC) No. 2037/2000 and Annex I of Regulation (EC) No. 842/2006 and where chlorofluorocarbons (CFCs), hydrochloroflurocarbons (HCFCs) covered by Regulation (EC) No. 2037/2000 and hydrofluorocarbons (HFCs) under Regulation (EC) No. 842/2006 are different refrigerant gas types;
“registration certificate” means a waste authorisation granted by the Agency or, as the case may be, the relevant local authority under the provisions of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 and which regulates the reception of Waste Electrical and Electronic Equipment at a facility;
“registration holder” means a holder of a certificate of registration issued in accordance with the provisions of these Regulations;
“Regulation (EC) No. 2037/2000” means Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, as amended by Regulation (EC) No. 2038/2000 of the European Parliament and of the Council of 29 September 2000, Regulation (EC) No. 2039/2000 of the European Parliament and of the Council of 16 October 2003, Regulation (EC) No. 1804/2003 of the European Parliament and of the Council of 29 September 2000, Commission Regulation (EC) No. 2077/2004 of 4 December 2004 and Commission Regulation (EC) No. 29/2006 of 11 January 2006 and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 43 ;
“Regulation (EC) No. 842/2006” means Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases;
“Regulation (EC) No. 1774/2002” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003;
“residual waste” means the fraction of municipal waste remaining after the source separation of municipal waste fractions such as food and garden waste, packaging, paper, metals, and glass;
“temporary”, shall when used in relation to the storage of waste, be construed as a reference to the storage of waste for a period not exceeding 6 months;
“sludge” means–
(a) residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters,
(b) residual sludge from septic tanks and other similar installations for the treatment of sludge, or
(c) residual sludge from sewage plants other than those referred to in (a) and (b);
“transport” has the meaning assigned to it in section 4 of the Act;
“use of sludge” means the spreading of sludge on the soil or any other application of sludge on and in the soil;
“valid application” means an application for a waste facility permit or, as the case may be, a certificate of registration which in the opinion of the local authority or, as the case may be, the Agency complies with the provisions of articles 9 and 10 of these Regulations in respect of waste facility permits or with article 37 of these Regulations in respect of certificates of registration;
“Waste battery and accumulator” means any battery or accumulator which is waste within the meaning of article 1(a) of Directive 2006/12/EC;
“waste collection permit” means a waste collection permit for the purposes of section 34 of the Act;
“waste electrical and electronic equipment” or “WEEE” means electrical and electronic equipment which is waste within the meaning of article 1(a) of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006, including all components, subassemblies and consumables which are part of the product at the time of discarding;
“waste facility permit” means a permit for the purposes of section 39(4) of the Act and for the purposes of these Regulations shall include a waste permit granted under the Waste Management (Permit) Regulations, 1998 44 ;
“waste licence” means a licence for the purposes of section 39(1) of the Act;
“Waste Management Acts 1996 to 2007” mean the Waste Management Act 1996 45 as amended by the Waste Management (Amendment) Act 2001 46 , Part 3 of the Protection of the Environment Act 2003 47 , the Waste Management (Electrical and Electronic Equipment) Regulations 2005 48 and the Waste Management (Environment Levy) (Plastic Bag) Order 2007 49 ;
“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 permit” means a waste permit for the purposes of section 39(4) of the Act which has been issued under the Waste Management (Permit) Regulations 1998 and which, for the purposes of these Regulations, shall have the meaning “waste facility permit”;
“WEEE Directive” or “Waste Electrical and Electronic Equipment Directive” means Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003;
“working day” means a day on which the principal office of the local authority or, as the case may be, the Agency is open for business;
“written” or “in writing” means any expression consisting of words or figures which can be read, reproduced and subsequently communicated and which may include information which is transmitted and stored by electronic means.
Non-application of section 39(1) of the Act
6. (1) Section 39(1) of the Act shall not apply in respect of the carrying on by a person of a waste recovery or disposal activity specified in Parts I or II of the third schedule of the Regulations if and for so long as the person carrying on the activity complies with the conditions specified in sub-article (2).
(2) The conditions specified for the purposes of sub-article (1) are that—
(a) in the case of an activity of a class specified in Part I of the third schedule, where—
(i) the activity is being carried on in a manner which does not cause, and is not likely to cause, environmental pollution,
(ii) there is in force in relation to the carrying on of the activity a waste facility permit granted by the local authority in whose functional area the facility is located, and
(iii) the activity is being carried on in accordance with the conditions attached to the aforementioned waste facility permit; and
(b) in the case of an activity relating to household waste of a class specified in Part II of the third schedule, where the—
(i) waste arises within the curtilage of the domestic dwelling, and
(ii) activity is carried out within the curtilage of the domestic dwelling, and
(iii) local authority in whose functional area the dwelling is situated or, as the case may be, the Agency considers, in its reasonable opinion, that the activity forms part of normal domestic activity, and
(iv) activity is carried out in accordance with all relevant legislative requirements; and
(c) in the case of an activity, other than covered in sub-article (b), of a class specified in Part II of the third schedule, where—
(i) there is in force in relation to the carrying on of the activity a certificate of registration granted by the Agency or, as the case may be, the local authority in whose functional area the facility is located, and
(ii) the activity—
(A) is being carried on in accordance with the rules specified in the fourth schedule, and
(B) complies with the general requirements laid down in article 4 of Directive 2006/12/EC.
(3) Notwithstanding sub-article (2), where a type or quantity of waste material has been deposited for the purposes of the improvement or development of land which has not been specifically authorised through—
(a) a waste licence granted under the Waste Management (Licencing) Regulations 2004 50 , as may be amended from time to time,
(b) a waste facility permit granted in relation to classes of activity 5 or 6 of Part I of the third schedule, or
(c) a certificate of registration granted in relation to classes of activity 5 or 6 Part II of the third schedule, or
(d) the requirements of a planning permission granted in accordance with Part II of the Planning and Development Act 2000 51 ,
the activity shall be regarded as an unauthorised landfill facility for the purposes of the Waste Management (Landfill Levy) (Amendment) Regulations, 2006 52 .
Notice of intention to apply for a waste facility permit
7. Within the period of 10 working days before the making of an application for a waste facility permit and in accordance with article 8, an applicant shall—
(a) publish notice of the intention to make the application in either a national newspaper, or in newspapers circulating in the area in which the facility or premises is located, and
(b) give notice of the intention to make the application by the erection or fixing of a site notice on the facility or premises concerned.
Requirements as to notices
8. (1) A notice published in a newspaper pursuant to article 8 shall—
(a) contain as a heading, and in uppercase, the words “APPLICATION TO [NAME OF LOCAL AUTHORITY] FOR A WASTE FACILITY PERMIT”,
(b) give the name and address of the principal place of business of the applicant,
(c) state the location or postal address of the facility to which the application relates,
(d) give a brief description of the nature and purpose of the activity,
(e) state that an application for a waste facility permit will be made to the above mentioned local authority within 10 working days of the date of the newspaper notice,
(f) specify the class or classes of activity concerned, in accordance with—
(i) the third and fourth schedules of the Act and, in the case of two or more activities, identify the principal activity, and
(ii) Part I of the third schedule of these Regulations and, in the case of two or more activities, identify the principal activity,
(g) state that a copy of the application for a waste facility permit will be available for inspection or purchase at the principal office of the local authority from as soon as may be.
(2) A site notice erected or fixed on any facility pursuant to article 8 shall—
(a) be headed “APPLICATION TO [NAME OF LOCAL AUTHORITY] FOR A WASTE FACILITY PERMIT” and shall—
(i) indicate the site location or proposed location of the activity,
(ii) indicate the date on which the site notice was erected,
(iii) comply with the requirements specified in paragraphs (b), (c), (d), (e), (f) and (g) of sub-article (1), and
(iv) state that it is an offence for any person to remove the notice other than the applicant, his or her agent or the local authority or, as the case may be, the Agency,
(b) be painted or inscribed, or printed and affixed in indelible ink on a white background, on a durable material and secured against damage from bad weather and other causes, and the text shall be so painted, inscribed or printed, that the notice shall be easily visible and legible by persons using the public road, and shall not be obscured or concealed at any time,
(c) subject to sub-article (3), be securely erected or fixed in a conspicuous position—
(i) on or near the main entrance to the facility from a public road, or where there is more than one entrance from public roads, on or near all such entrances,
(ii) on any other part of the facility adjoining a public road, and
(3) Where the facility to which an application relates does not adjoin a public road, site notices shall be erected or fixed in a conspicuous position on the facility so as to be easily visible and legible by persons outside the facility, and shall not be obscured or concealed at any time.
(4) A site notice erected or fixed on any facility pursuant to article 8 shall be maintained in position where erected or fixed for at least 25 working days after the applicant has received an acknowledgement of receipt of a valid application from the local authority in accordance with article 12, and shall be renewed or replaced if it is removed or becomes defaced or illegible within the period during which it is required to be displayed.
(5) Notwithstanding sub-article (4), the removal of a site notice by any party other than the applicant or his or her agent or the local authority or, as the case may be, the Agency, is an offence under these Regulations.
Making of an application to a local authority for a waste facility permit
9. An application for a waste facility permit shall be made in writing, or other form of notification including electronic means, as may be agreed by the local authority, to the principal office of the local authority in whose functional area the waste facility is located.
Contents of an application for a waste facility permit
10. (1) An application for a waste facility permit shall contain the following information—
(a) the full name of the applicant(s),
(b) all trade names used or proposed to be used by the applicant(s),
(c) confirmation of the legal interest of the applicant(s) in the land on which the proposed facility is located,
(d) the address of the principal place of business of the applicant(s) and, where applicable, the telephone number, telefax number and e-mail address of the applicant(s), and, if different, any address to which correspondence relating to the application should be sent,
(e) if the applicant(s) is a partnership, the name and address of each partner,
(f) if the applicant(s) is a body corporate, the address of its registered or principal office and the name and address of any person who is a director, manager, company secretary or other similar officer of each body corporate,
(g) details of the town-land and postal address of the location of the facility to which the application relates,
(h) a copy of the appropriate certificate issued by the Companies Registration Office,
(i) the specified Company Registration or Trade Name if trading under a name,
(j) a description of the nature of the waste-related activity which is proposed to be carried on within the facility,
(k) five copies of the appropriate plans and maps relating to the facility, including
(i) site location map,
(ii) proposed layout plan of facility,
(iii) a clear delineation of the site boundaries, and
(iv) particulars of:
(A) Ordnance Survey Sheet Reference Number(s),
(B) Elevation Levels (metres) and Ordnance Datum used,
(C) Dimensions (metres), and
(D) Orientation of North Point,
(l) the specified class or classes of activity concerned, in accordance with
(i) the third and fourth schedules of the Act, and in the case of two or more activities identify the principal activity, and
(ii) Part I of the third schedule of these Regulations, and in the case of two or more activities identify the principal activity,
(m) details of the quantity of waste (in tonnes or cubic metres or number of units as appropriate to the waste stream concerned) and the nature of the waste or wastes, which will be recovered or disposed of, as the case may be, including—
(i) European Waste Catalogue Code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent list as may be amended from time to time, and
(ii) particulars of the manner in which accurate records of the types and quantities of waste accepted at the facility will be measured,
(n) a description of the plant, methods, processes and operating procedures for the activity,
(o) particulars of the source, location, nature, composition, quantity, level and rate of emissions arising, or which will arise, from the activity and, where relevant, the period or periods during which such emissions are made or are to be made,
(p) an identification of the proposed monitoring and sampling points and details of the proposed arrangements for the monitoring of emissions and the environmental consequences of any such emissions,
(q) a description of the existing or proposed measures, including emergency procedures, to prevent unauthorised or unexpected emissions and minimise the impact on the environment of any such emissions,
(r) the expected lifetime of the facility or activity,
(s) particulars in respect of such matters affecting the ability of the applicant(s) to meet the financial commitments or liabilities which will be entered into or incurred by the person(s) in carrying on the activity or in ceasing to carry on the activity at the facility,
(t) planning permission number, or planning application number, or if applicable copy of certificate of exemption issued by the relevant planning authority,
(u) declaration from the Agency (if appropriate) that the proposed activity requires a waste facility permit,
(v) details of any proposed traffic management system,
(w) in the case of an application for a waste facility permit which involves the biological treatment of animal by-products within the meaning of Regulation (EC) No. 1774/2002 laying down health rules concerning animal by-products not intended for human consumption, details of any application made to the Minister for Agriculture and Food for a veterinary authorisation for the facility,
(x) in the case of an activity involving the improvement or development of land—
(i) details of the existing and final profiles and contours of the land,
(ii) a statement of whether the facility is located in, on or adjacent to, or impinges upon, a European site, and
(iii) a facility closure plan.
(y) details of the biodiversity of the land,
(z) where appropriate, details of discussions or correspondence which have taken place with the Minister for the Environment, Heritage and Local Government,
(aa) in the case of a facility which is situated in the immediate catchment of a watercourse, details of the flood studies which have been undertaken to ensure that the potential for increased run-off or contamination of the watercourse is adequately mitigated,
(bb) where appropriate, in the case of onward transport of waste from the facility, details of all other facilities which are proposed to be used to receive such waste,
(cc) any other information which the local authority considers necessary to determine the application,
(dd) information in relation to any offence, prescribed under article 19(3)(a), of which the applicant has been convicted within the period of ten years prior to the making of the application, including information in relation to the court hearing the case, the nature of the offence and any penalty or requirement imposed by the court,
(ee) information in relation to the terms of any requirement imposed on the applicant by order of a court under the Act,
(ff) description of the waste acceptance procedures to be established and applied,
(gg) description of the proposed measures to be taken to prevent unauthorised waste disposal or litter abatement at the facility,
(hh) description of the proposed measures to be taken for vermin control at the facility.
(2) The information to be provided under paragraphs (ee) and (ff) of sub-article (1) shall
(a) in a case where the applicant is a body corporate, include such information in relation to the applicant and to—
(i) each director, manager, company secretary or other similar officer of that body corporate, and
(ii) each body corporate in relation to which a director, manager, company secretary or other similar officer of the applicant body corporate is, or was, at any time during the period of 10 years prior to the making of the application, a director, manager, company secretary or other similar officer.
(b) in a case where the applicant is a person or a partnership, include such information in relation to the applicant and each body corporate in which the person or any partner, as the case may be, is, or was, at any time during the period of 10 years prior to the making of the application, a director, manager, company secretary or other similar officer.
(3) An application shall be accompanied by—
(a) a copy of the relevant page of the newspaper, or newspapers, in which the notice in accordance with articles 7 and 8 has been published,
(b) a copy of the text of the notices erected or fixed in accordance with articles 7 and 8,
(c) a copy of such plans, including a site plan, location map, and Ordnance Survey sheet number, and levels referring to ordnance datum status and such other particulars, reports and supporting documentation as are necessary to identify and describe, as appropriate—
(i) the position of the notice which has been erected or fixed in accordance with article 8,
(ii) the point or points from which emissions are made or are proposed to be made, and
(iii) the point or points at which monitoring and sampling are to be undertaken,
(d) a copy of current tax clearance/C2 certificate issued to the applicant by the Revenue Commissioners or, where the applicant is ordinarily resident outside the State, an appropriate certificate from the relevant tax authorities,
(e) a copy of proof of company registration and trade name where applicable, and
(f) the fee payable in accordance with article 42 and as set out in the fifth schedule.
Declarations on waste licences, waste facility permits or certificates of registration
11. (1) If an applicant has doubts concerning whether a proposed activity or activities shall be regarded as a licensable activity under section 39(1) of the Act or as requiring a waste facility permit or certificate of registration under these Regulations, or as none of these, the applicant shall make a request to the Agency to determine the question in advance of the submission of an application for a waste facility permit or a certificate of registration under these Regulations.
(2) Where an applicant has not made a request to the Agency in accordance with sub article (1) and, upon receipt of an application by a local authority for a waste facility permit or a certificate of registration, the local authority has doubts concerning whether a proposed activity or activities shall be regarded as a licensable activity under section 39(1) of the Act or as requiring a waste facility permit or certificate of registration under these Regulations, or as none of these, the local authority shall—
(a) make a written request to the Agency to determine the question, and
(b) shall not consider the application until such a determination has been notified to the local authority in writing by the Agency.
(3) The Agency shall make a determination and shall notify the appellant in writing within 15 working days of the receipt of any requests received under sub-articles (1) and (2).
(4) The Agency—
(a) may determine, in consultation with the relevant local authority, whether an activity shall be regarded as a licensable activity under section 39(1) of the Act or as requiring a waste facility permit or certificate of registration under these Regulations, or as none of these, and
(b) shall, where such a determination does not correspond to the current waste authorisation in the case of an existing facility, notify the local authority and, as appropriate, the permit holder or the registration holder of the determination which has been made.
(5) Where, in the case of a permit holder or a registration holder, the Agency makes a determination that an activity shall be regarded as a licensable activity under section 39(1) of the Act or as requiring a waste facility permit for the purposes of sub-article (4)—
(a) an activity the subject of a waste facility permit which has been determined by the Agency to now require a waste licence in accordance with the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 120 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, or the permit is reviewed under article 36, or
(b) an activity the subject of a certificate of registration which has been determined by the Agency to now require a waste licence in accordance with the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 120 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, or until the certificate of registration has been reviewed under article 38, or
(c) an activity the subject of a certificate of registration which has been determined by the Agency to now require a waste facility permit, shall remain valid if an application for a waste facility permit is made to the Agency within 60 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste facility permit under article 18 of these Regulations, or the certificate of registration has been reviewed under article 38, or
(d) an activity the subject of a waste licence which has been determined by the Agency to now require a waste facility permit or a certificate of registration shall remain in force until such time as the waste licence is revoked or surrendered in accordance with the Waste Management (Licensing) Regulations 2004,
(e) an activity the subject of a waste facility permit which has been determined by the Agency to now require a certificate of registration shall remain in force until such time as the waste facility permit is revoked or surrendered or falls to be reviewed under these Regulations,
(6) Where the Agency makes a determination in accordance with sub-articles (1), (2) or (4), the determination shall be final.
Procedure on receipt of an application for a waste facility permit
12. (1) On receipt of an application for a waste facility permit, a local authority shall—
(a) immediately stamp the application with the date of receipt and assign a reference number to the application, and,
(b) notify the applicant in writing that the application has been received by the authority.
(2) Within a period of 10 working days following receipt of an application for a waste facility permit, a local authority shall—
(i) decide whether the requirements of articles 7, 8 and 10 have been complied with, and
(ii) comply with the relevant requirements of article 12 of the Waste Management (Register) Regulations 1997 53 .
(3) Where a local authority refers an application for a waste facility permit to the Agency for a determination under sub-article 11(2), the period specified in sub-article (2) shall not commence until such time as a determination has been notified to the local authority by the Agency in accordance with sub-article 11(3).
(4) Where—
(a) a period of more than 10 working days has elapsed between the publication in a newspaper of a notice in accordance with article 8 and the making of the relevant application, or
(b) it appears to the local authority that any notice published pursuant to article 8 does not comply with the provisions of article 8, or is, because of its content or for any other reason, misleading or inadequate for the information of the public,
the local authority shall require the applicant to publish such further newspaper notice in such manner for such period and under such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement. No further consideration will be given to the application by the local authority until the applicant has complied with the terms of such notice.
(5) Where—
(a) a period of more than 10 working days has elapsed between the erection or fixing of a site notice pursuant to articles 7 and 8 and the making of the relevant application, or
(b) it appears to the local authority that the site notice does not comply with the requirements of article 8 or is, because of its content or for any other reason, misleading or inadequate for the information of the public,
the local authority may, by notice in writing, require the applicant to erect or fix such further site notice in such manner, by such time and for such period and in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement. The local authority shall not further consider the application until the applicant has complied with the terms of such notice.
(6) The local authority shall not serve a notice under sub-articles (4) or (5) any later than 5 working days after the making of its decision in accordance with sub-article (2).
(7) Where a local authority reasonably considers that any of the requirements of article 10 have not been complied with in respect of an application, it shall, as it considers appropriate, having regard to the extent of the failure to comply with the said requirements, and by notice in writing within 5 working days of making its decision—
(a) inform the applicant of such failure of compliance and advise that the application is invalid and cannot be considered further by the local authority, or
(b) require the applicant, within a period of 25 working days from the date of the notice, to take such steps or furnish such submissions, plans, documents or other information and particulars, as the local authority considers are necessary for compliance with the said requirements.
(8) The local authority shall not serve a notice under sub-article 7 any later than 10 working days after the making of its decision in accordance with sub-article (2).
(9) Where a local authority serves a notice in accordance with sub-article (7), and the applicant fails to comply with the requirements specified therein, the local authority may, by notice in writing, within 5 working days of making its decision, inform the applicant of such failure of compliance and that the application is invalid and cannot be considered by the authority.
(10) Where, in accordance with sub-articles (7)(a) and (9), a local authority informs an applicant that an application is invalid, it shall return to the applicant all documentation which was submitted to the local authority in relation to the application.
(11) Where a local authority considers, in accordance with sub-article (2), that the requirements of articles 7, 8 and 10 have been complied with in respect of an application, it shall, within 5 working days of making its decision,
(a) send to the applicant an acknowledgement of receipt of a valid application,
(b) notify the Agency that a valid application has been received and send a copy of the application to the Agency,
(c) notify the Minister for Agriculture and Food, where the application is made for a waste facility permit which is concerned with the composting of animal by-products within the meaning of Regulation (EC) No. 1774/2002, and such notice shall be accompanied by a copy of the said application,
(d) in the case of an application which is concerned with the development or improvement of land, where the—
(i) applicant states in article 10(1) that the facility is located in, on or adjacent to, or impinges upon a European site, or
(ii) local authority considers, in its reasonable opinion, that the facility has the potential to impinge upon a European site,
the local authority shall notify the Minister for the Environment, Heritage and Local Government that the application has been made and such notice shall be accompanied by a copy of the said application.
(12) Before it gives notice of a decision under article 18, the local authority shall have regard, within a period of 25 working days from the date of a relevant notification under sub-articles (11)(c) or (11)(d), to any written submission received from the Minister for Agriculture and Food or Minister for the Environment, Heritage and Local Government.
(13) Where the Minister for Agriculture and Food or the Minister for the Environment, Heritage and Local Government specifically states that particular matters raised in their submission to the local authority are required for compliance with relevant veterinary or conservation legislation or the implementation of strategic or statutory plans, the local authority must incorporate conditions in the waste facility permit to give effect to such matters.
Further information
13. (1) Without prejudice to the provisions of article 12(11), a local authority may, by notice in writing, require the applicant to—
(a) furnish such further information or particulars relating to the application, including information on any investigations required under article 17, as it considers necessary to enable it make a decision in respect of the application, or
(b) produce such evidence as it may reasonably require in order to verify any information or particulars furnished by the applicant in, or in relation to, the application.
(2) A notice under sub-article (1) shall not be served by a local authority more than 25 working days after the date of issue by the local authority, in accordance with article 12(11), of an acknowledgment of the receipt of a valid application.
(3) Not withstanding article 44, where there is a failure or refusal to comply with a requirement of a local authority under sub-article (1) within 25 working days of the date of notice of such requirement, the local authority may, if it thinks fit, proceed with its consideration of the application in the absence of the information, particulars or evidence specified in the requirement and make a decision in relation to the application and notify the applicant under article 18 of that decision.
Availability and inspection of documents
14. (1) Where a local authority receives an application it shall make available for public inspection, as soon as may be.
(2) Where a local authority considers in its reasonable opinion that the application is valid in accordance with the requirements of article 12, it shall make available for public inspection in accordance with this article—
(a) a copy of any correspondence or notifications under article 11,
(b) information and particulars received in relation to the application pursuant to any written notice under article 12,
(c) further information provided by the applicant pursuant to a notice in writing under article 13(1),
(d) submissions received in relation to the application pursuant to article 15,
(3) The documents and information specified at sub-article (1) shall be made available for public inspection during office hours at the principal office of the local authority from as soon as may be after making a decision under article 12 that the application is valid.
(4) During the period specified in sub-article (2), a copy of the application, or any extract therefrom, shall be made available on request during office hours at the principal office of the local authority for inspection or purchase at such charge (if any), not exceeding the reasonable cost of making such copies, as the local authority may determine.
Submissions to a local authority regarding an application for a waste facility permit
15. (1) Any person may, on his or her initiative, or at the invitation of the local authority within a period of 25 working days following the making available for inspection by a local authority of an application, make a written submission to the local authority in relation to the said application, and the local authority shall have regard to the submission in making its decision on the application.
(2) The local authority shall, as soon as may be after receipt of a submission under sub-article (1)—
(a) notify the person in writing that the submission has been received by the local authority,
(b) notify the applicant in writing that the submission has been received by the local authority, and has been made available for inspection in the principal office of the local authority from a specified date, and
(c) make the submission available for public inspection in accordance with article 14.
(3) An applicant may make a submission in writing to the local authority in relation to any submission received by the local authority under sub-article (1) within a period of 25 working days of the date of its notification to the applicant.
Period for determination of an application for a waste facility permit
16. (1) A local authority shall not, subject to sub-article (2), grant or refuse to grant a waste facility permit until after the expiration of 25 working days beginning on—
(a) the date of receipt by the authority of a valid application under article 12(2), or
(b) in a case where the applicant has been required to provide further information or particulars under articles 12 or 13, the day of receipt by the authority of such information or particulars,
by whichever date is the later.
(2) In exceptional circumstances, the local authority may grant a waste facility permit prior to the 25 working day period if, in the reasonable opinion of the local authority, such facilities are required urgently to prevent environmental pollution.
(3) Subject to sub-article (4), a local authority shall make a decision in relation to an application for a waste facility permit as expeditiously as possible and, in any event, grant, with or without conditions, or refuse to grant a waste facility permit—
(a) within a period of 40 working days from—
(i) the date of the receipt of a valid application in accordance with articles 12(1) and 12(2), or
(ii) the date of the receipt of further information or particulars from the applicant pursuant to a notice served under articles 12(7)(b) or 13(1), or
(b) within a period of 25 working days of the date of receipt of any submission received by the local authority under and in accordance with article 15, or
(c) within a period of 25 working days from the date on which investigations as may be required under article 17 are completed,
whichever period is the longest.
(4) Where it appears to a local authority that it would not be possible or appropriate, because of the particular circumstances of an application for a waste facility permit or because of the number of applications which have been submitted to the local authority, to decide on an application within the period referred to in sub-article (3), the local authority shall, by notice in writing served on each party to the application before the expiration of that period, inform such party of the reasons why it would not be possible or appropriate to determine the application within that period and shall specify the date before which the authority intends that the application shall be determined.
(5) Where a notice has been served under sub-article (4), the local authority concerned shall take all reasonable steps to ensure that the application is decided upon before the date specified in the notice.
Investigations concerning discharges to groundwater
17. (1) Where it appears to a local authority or, as the case may be, the Agency that an activity, which is the subject of an application for a waste facility permit or a certificate of registration, could give rise to—
(a) the indirect discharge into groundwater of a substance for the time being specified in List I of the Annex to Council Directive 80/68/EEC 54 , or
(b) the direct or indirect discharge into groundwater of a substance for the time being specified in List II of the said Annex,
the local authority or, as the case may be, the Agency shall, before it grants a waste facility permit or a certificate of registration, carry out or cause to be carried out (by the applicant or otherwise) such investigations as it considers necessary in order to comply with the relevant requirements of articles 3, 4, 5 and 7 of the aforesaid Directive.
(2) Notwithstanding the entry into force of Directive 2006/118/EC 55 , the local authority or, as the case may be, the Agency shall, in respect of any authorisation procedure completed before 22 December 2013 for an activity to which sub-article (1) applies, carry out or cause to be carried out (by the applicant or otherwise) such investigations as it considers necessary in order to comply with the relevant requirements of articles 3, 4, 5 and 7 of Directive 80/68/EEC before it grants a waste facility permit or a certificate of registration.
Determination and notice of decision of grant or refusal in relation to a waste facility permit
18. (1) A local authority may, on application being made to it, grant a waste facility permit in accordance with these Regulations, or refuse to grant such a permit, in relation to the carrying on by the applicant of an activity specified in Part 1 of the third schedule at a facility located in the functional area of the said local authority.
(2) Where considered necessary a local authority shall physically inspect a facility or, as the case may be, a proposed facility, before deciding whether to grant or refuse an application for a waste facility permit.
(3) A waste facility permit shall be granted for a period of 5 years, unless the applicant can demonstrate to the satisfaction the local authority that a shorter period is appropriate.
(4) A local authority shall not grant a waste facility permit unless it is satisfied that—
(a) the activity concerned, carried on in accordance with such conditions as are attached to the waste facility permit, will not cause environmental pollution,
(b) any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment,
(c) best available techniques will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned,
(d) the facility is compliant with planning or is exempt from planning permission under Section 5 of the Planning and Development Act 2000 , and
(e) the applicant is a fit and proper person.
(5) A local authority shall, as soon as may be after making a decision under article 16(3) of these Regulations in relation to an application, give notice in writing of the decision to the applicant, to any person who made a submission in relation to the application in accordance with article 15, and to the Agency in accordance with the requirements of article 24(1), and, where appropriate, to the Minister for Agriculture and Food in accordance with article 24(2).
(6) A notification to an applicant, permit holder, the Agency or the Minister for Agriculture and Food under sub-article (5) of a decision to grant a waste facility permit shall be accompanied by a copy of the said waste facility permit.
(7) A notification under sub-article (5) of a decision to grant a waste facility permit shall state that a copy of the said permit will be available for inspection or purchase during office hours at the principal office of the local authority and the said authority shall arrange accordingly.
(8) A notification under sub-article (5), of a decision of a refusal to grant a waste facility permit, to an applicant or waste facility permit holder shall include a reference to the right of appeal to a court of competent jurisdiction against such a decision and, on hearing the appeal, the court may confirm, annul or amend the decision.
(9) For the purposes of sub-article (5), in the case of a submission signed by more than one person, the local authority shall give notice only to the person who forwarded, or appears to the authority to have forwarded, that submission to the said authority.
Conditions which shall be attached to a waste facility permit
19. (1) A local authority shall attach to each waste facility permit granted by the authority—
(a) such conditions as are, in the reasonable opinion of that authority, necessary to give effect to the provisions of the Community Acts specified in the second schedule, insofar as such provisions are relevant to the waste related activity concerned.
(b) such conditions as are necessary, in the reasonable opinion of the authority—
(i) to give effect to the objectives of the relevant Waste Management Plan or the National Hazardous Waste Management Plan, as the case may be, or
(ii) for the purposes of article 18(4), or
(iii) to prevent the disposal of waste which has previously been collected in source-segregated form in order to facilitate recycling or to prevent the collection, transport, handling or mixing of waste in a manner so as to make it unsuitable for recycling or recovery.
(c) conditions requiring the making of payments by the holder of the waste facility permit to the authority to defray such costs as may reasonably be incurred by the authority in inspecting, monitoring, auditing, enforcing or otherwise performing any functions in relation to the activity concerned, other than required under article 10(3)(f) in accordance with the fifth schedule, and which costs shall not exceed the actual expenditure reasonably incurred by the authority.
(d) conditions relating to the waste acceptance requirements to be applied at the facility, including details of—
(i) the nature and types of wastes which may/ may not be accepted,
(ii) the days and times at which acceptance of waste is/is not permitted at the facility,
(iii) waste inspection procedures,
(iv) waste acceptance and handling procedures,
(v) waste sampling, analysis and characterisation procedures,
(vi) requirements for pre-treatment of wastes,
(vii) waste quarantine arrangements,
(viii) waste rejection and notification procedures, and
(ix) other appropriate procedures and arrangements relating to the acceptance of waste.
(f) conditions relating to the existing or proposed measures, including emergency procedures, to prevent unauthorised emissions and minimise the impact on the environment of any such emissions,
(g) conditions relating to the prevention of unauthorised fly-tipping at the facility,
(h) conditions to provide financial security or a bond where it is considered necessary to ensure rehabilitation of the site when activities cease.
(2) For the purpose of the attachment by a local authority of conditions to a waste facility permit that may be granted by it in respect of an activity which involves the holding of waste oils, the authority shall take such steps as are necessary for the purposes of compliance with article 13.2 of Council Directive 75/439/EEC, as amended by Council Directive 87/101/EEC of 22 December 1986 56 .
(3) A local authority shall attach to each waste facility permit granted by the authority such conditions requiring the person to whom the said permit is granted to—
(a) notify the authority within five working days of—
(i) the imposition of any requirement on that person by order under the Act, or
(ii) any conviction of that person for an offence prescribed under the Act,
(b) hold or cause to be held a copy of the said permit at all times at the facility which is used for the purposes of the activity to which the waste facility permit relates, and
(c) compile and maintain specified records in a specified format for a period of not less than 7 years in relation to the activity to which the waste facility permit relates of—
(i) the types and quantities of waste dealt with in the course of business (including European Waste Catalogue Code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent amendments),
(ii) the treatment, recovery or disposal activities to which the waste is subject, including the compilation of commercial documentation for all collected waste deposited at the facility, and
(d) not later than the 28th day of February in each year, to furnish to the local authority, in such form as may be specified, an Annual Environmental Report containing summary information in relation to the preceding calendar year or part thereof as the case may be, in respect of the activities specified in sub-article (c).
(4) A local authority shall attach to each waste facility permit that may be granted by it such conditions as are, in the opinion of that authority, necessary to ensure the proper enforcement of the waste facility permit.
Conditions which may be attached to a waste facility permit
20. (1) A local authority may attach to any waste facility permit granted by the authority conditions—
(a) requiring the waste facility permit holder to provide a system to verify the completeness and accuracy of records on the nature, types and quantities of waste accepted at the facility,
(b) to encourage the sound environmental management of waste and in particular to encourage waste prevention, re-use, recycling and recovery, including the establishment of performance targets for the levels of recycling and recovery of waste
(c) regarding the collection, maintenance and reporting, in a specific format, of data or records necessary to monitor compliance with targets set in Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging Waste, as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004,
(d) regarding the collection, maintenance and reporting, in a specific format, of data or records necessary to monitor compliance with targets set in the WEEE Directive,
(e) regarding the collection, maintenance and reporting, in a specific format, of data or records necessary to monitor compliance with targets set in Directive 2000/53/EC of the European Parliament and Council of 18 September 2000 on end of life vehicles, as amended by Commission Decision 2005/673/EC of 20 September 2005,
(f) regarding the collection, maintenance and reporting, in a specific format, of data or records necessary to monitor compliance with targets set in Directive 206/66/EC of the European Parliament and the Council of 26 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,
(g) regarding the collection, maintenance and reporting, in a specific format, of data or records necessary to monitor compliance with targets set for the management of construction and demolition waste in national waste management policy and legislation,
(i) requiring each vehicle operating at the facility to be fitted with electronic tracking technology which facilitates the surveillance operations of the authority in monitoring compliance of the permit holder with the requirements of the waste facility permit,
(j) requiring the maintenance of waste records and the provision of these to the local authority to support the National Database on Waste in a format, as may be specified by the Agency,
(k) regarding the collection, maintenance and reporting, in a specific format, of data or records necessary to monitor compliance with targets set in Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (O.J. No. L229/5 of 29 June 2004) as amended by Council Regulation (EC) No. 1195/2006 (O.J No. L55/1 of 23 January 2007) and Council Regulation (EC) No. 172/2007 O.J. No. L272/19, 27 December 2006 (O.J. No. L217/1, 8 August 2006), and
(l) regarding the collection, maintenance and reporting, in a specific format, of data or records necessary to monitor compliance with targets set for the management of waste tyres in national waste management policy and legislation.
(2) Conditions requiring the installation of closed circuit recordings and data surveillance management systems at the facility and the maintenance of all such records for such reasonable period as may be determined by the local authority.
(3) Conditions requiring the local authority to be informed when the activity ceases at the facility.
(4) A local authority may attach to any waste facility permit granted by it conditions concerning the establishment and maintenance of environmental management systems which shall set out an action plan to address a 5-year period and shall be updated on an annual basis and such environmental management systems may—
(a) set out specific objectives,
(b) contain measurable targets,
(c) contain a requirement to comply with any written guidance issued by the local authority or the Agency, and
(d) contain a requirement for prior agreement with the local authority.
Conditions relating to the operation of mobile plant
21. (1) In addition to the provisions of articles 19 and 20, a local authority may attach to a waste facility permit that may be granted by it conditions authorising the operation of mobile plant at more than one facility.
(2) A local authority shall not grant a reviewed waste facility permit providing for the cessation of use of mobile plant at a facility or facilities unless it is satisfied that the condition of the relevant facility or facilities is not causing or likely to cause environmental pollution.
(3) Where a local authority grants a waste facility permit in respect of the carrying on of waste recovery activities at a facility, being a facility to which a waste facility permit in relation to the operation of mobile plant already applies, any conditions of the waste facility permit first granted which relate to the operation of the said mobile plant at the facility in question shall cease to have effect.
Offences for the Purpose of articles 36 and 38
22. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder, subject to any amendments which may be made to the regulations from time to time—
(a) an offence under article 3(2) or 5(4) of the European Communities (Waste) Regulations 1979 57 ,
(b) a contravention of article 5 or 6 of the European Communities (Toxic and Dangerous Waste) Regulations 1982 58 ,
(c) a contravention of article 4, 5 or 8 of the European Communities (Waste Oils) Regulations 1992 59 ,
(d) an offence under article 12 of the European Communities (Transfrontier Shipment of Waste) Regulations 1994 60 ,
(e) a contravention of the Waste Management (Movement of Hazardous Waste) Regulations 1998 61 ,
(f) a contravention of articles 6 or 8 of the Waste Management (Miscellaneous Provisions) Regulations 1998 62 ,
(g) an offence under Sections 14(6), 18(2), 18(8), 28(6), 29(6), 32(6), 34(1), 36(3) or 39(9), 53C(4), 53F, 53I(6), 53J(6), 53K(5), 53L(5) or 53M(5) of the Act, or as appropriate, any appropriate section or Part, concerning producer responsibility obligations, that may be inserted into the Act from time to time,
(h) an offence under Sections 3, 4, 6, 10, 12, 14, 16, 19, 23, 26A, 27 or 28 of the Local Government (Water Pollution) Act 1977 63 ,
(i) an offence under Sections 21, 21A or 23 of the Local Government (Water Pollution) (Amendment) Act, 1990 64 ,
(j) an offence under Sections 171 or 172 of the Fisheries (Consolidation) Act, 1959 65 ,
(k) an offence under Section 24 of the Air Pollution Act, 1987 66 ,
(l) an offence under the Litter Pollution Acts, 1997 — 2003 67 ,
(m) an offence under articles 18 and 26 of the Waste Management (End of Life Vehicles) Regulations, 2006 68 ,
(n) an offence under article 9 of the European Communities (Batteries and Accumulators) Regulations, 1994 69 , or as appropriate
(o) an offence under article 43 of these Regulations
shall be an offence for the purposes of articles 36 and 38
Amendment to the Waste Management Act 1996
23. Section 51(2)(a) of the Waste Management Act, 1996 is herby amended by the substitution of the following sub-paragraph for sub-paragraph (i):
(i) sludge for use in agriculture.
Notice and information to the Agency and the Minister for Agriculture and Food
24. (1) A local authority shall—
(a) by notice in writing, or in such a manner as may be specified by the Agency, inform the Agency in accordance with article 18(4), within 10 working days, of any waste facility permit or certificate of registration granted by the authority, and
(b) furnish such information, in such form and at such frequency as may be specified by the Agency for the purpose of this article, in relation to activities carried on in the functional area of the authority by persons to whom waste facility permits or certificate of registrations have been granted by the authority,
(2) Where a waste facility permit is issued which involves the biological treatment of animal by-products within the meaning of Regulation (EC) No. 1774/2002 laying down health rules concerning animal by-products not intended for human consumption, the local authority shall also notify the Minister for Agriculture and Food and include a copy of the said permit.
Notice and information to the local authority regarding a waste facility permit
25. (1) A permit holder shall give notice in writing to the local authority which granted the said permit of any changes in the information furnished to that local authority under article 10(1), in advance of any such change coming into effect.
(2) Where the notification under sub-article (1) identifies a material or significant change in the nature, extent or focus of the waste-related activities or in the nature or extent of any emission concerned, the permit holder shall obtain the written agreement of the local authority before implementing such operational changes to the waste-related activity.
Amendments to a waste facility permit of a clerical or technical nature
26. (1) Notwithstanding the requirements pursuant to articles 30 and 31 or of any other provision concerning the recovery and disposal of waste, a local authority may amend a waste facility permit for the purposes of—
(a) correcting any clerical error therein,
(b) facilitating the doing of any thing pursuant to a condition attached to the waste facility permit where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the condition or the terms of the permit taken as a whole but which was not expressly provided for in the condition,
(c) updating the conditions attached to the waste facility permit to take account of scientific or technological progress,
(d) facilitating the application of new, or the amending of existing procedures and conditions to the waste facility permit which are necessary for the operation of the facility in accordance with new or revised requirements, including any such conditions as are deemed necessary by the local authority, to facilitate compliance by the permit holder with any minimum technical requirements that may be established, or amended, arising from the introduction of new, or amendments to existing Community acts, or
(e) otherwise facilitating the operation of the waste facility permit.
(2) The local authority shall ensure that the making of any amendment under sub-article (1) does not result in the relevant requirements of sub-article 18(4) ceasing to be satisfied.
(3) The local authority shall, where appropriate, consult with the holder of the waste facility permit before exercising its powers under sub-article (1).
(4) The local authority shall, as soon as may be after the exercise of the power under sub-article (1), notify particulars of the amendment effected by that exercise to—
(a) the Agency, and
(b) the Minister for Agriculture and Food, as appropriate, in the case where the waste facility permit is concerned with the treatment of animal by-products within the meaning of Regulation (EC) No. 1774/2002.
(c) the Minister for the Environment, Heritage and Local Government, as appropriate, in the case where the waste facility permit is concerned with the development or improvement of land which has the potential to impinge upon a European site.
Transfer of a waste facility permit
27. (1) A waste facility permit may be transferred from the permit holder to another person in accordance with this article.
(2) Where the holder of a waste facility permit desires that the said permit be transferred to another person, the permit holder and the proposed transferee shall jointly make an application to the local authority requesting that such a transfer be effected by the authority.
(3) An application under sub-article (2) shall be made in such form and include such information as may be required by the local authority and shall be accompanied by the fee as set out in the fifth schedule.
(4) The local authority may require the provision of such further information by the permit holder or the proposed transferee as it considers appropriate for the purposes of dealing with an application made by them under this article.
(5) If, on consideration of an application under sub-article (2), and any relevant information provided in respect thereof, the local authority is satisfied that the proposed transferee would, if he or she were an applicant for the waste facility permit, be regarded by it as being a fit and proper person to be granted a like waste facility permit under article 18 for the waste facility concerned, it shall effect a transfer of the waste facility permit to the proposed transferee.
(6) A person to whom a waste facility permit is transferred under this article shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for, in or arising under, the waste facility permit, regardless of how and in respect of what period, including a period prior to the transfer of the waste facility permit, that may arise.
Withdrawal or abandonment of an application for a waste facility permit
28. (1) Without prejudice to an applicant’s liability under article 44(2), an application may be withdrawn at any time before the making of the decision by the local authority on the application.
(2) Where the local authority is of the opinion that an application has been abandoned, it shall give to the applicant a notice in writing stating that fact and requiring that person, within a period specified in the notice (being a period of not less than 10 or not more than 25 working days beginning on the date of the giving of the notice), to make to the local authority a submission in writing as to why the application should not be regarded as having been abandoned.
(3) Where a notice has been given under sub-article (2), the local authority may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the local authority pursuant to the notice, declare that the application to which the notice relates shall be regarded as having been abandoned.
(4) Where an application is withdrawn under sub-article (1) or the local authority declares that an application shall be regarded as having being abandoned under sub-article (3), the local authority shall—
(a) return all documentation received pursuant to articles 9, 10, 11, 12 and 13 to the applicant, and
(b) have absolute discretion to refund all or part of the fee payable in accordance with article 42.
(5) Where pursuant to this article the local authority declares that an application is to be regarded as having been withdrawn, any submission in relation to the application shall not be further considered by the local authority.
Surrender of a waste facility permit
29. (1) A waste facility permit may, subject to the agreement of the local authority, be surrendered at any time by notice in writing to the local authority of an application for the surrender for a waste facility permit.
(2) A waste facility permit shall, subject to the agreement of the local authority, be surrendered by notice in writing by the permit holder to the local authority when the—
(a) waste related activity ceases,
(b) waste facilty permit expires,
(c) waste facility permit is reviewed under article 36, or
(d) waste facility permit is refused under articles 18 or 36.
(3) A local authority shall not agree to the surrender of a waste facility permit unless it is satisfied that the condition of the facility is not causing or likely to cause environmental pollution and may carry out or cause to carry out such investigations as, are necessary, in the reasonable opinion of the local authority, to verify the condition of the facility.
(4) A local authority may, in agreeing to the surrender of a waste facility permit, attach conditions by way of a notice in writing to the permit holder, which shall be complied with by the person surrendering the permit.
(5) On surrender of the waste facilty permit notwithstanding the provisions of this article, the local authority may decide that any bond or financial security required under article 19(2)—
(a) shall be maintained in place for such period as the authority may require, or
(b) may be released to the permit holder.
(6) The making of an application for the surrender of a waste facility permit under this article, the revocation of the waste facility permit or the cessation of the activity to which a waste facility permit relates, shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the permit holder as are specified in or arise under the waste facility permit.
Notice from the local authority requiring a review of a waste facility permit
30. (1) Where–
(a) the local authorityhas reason to believe that a material change in the nature, focus or extent of the waste-related activity or in the nature or extent of any emission concerned has taken place to an extent which renders the conditions attached to the existing waste facility permit inappropriate, or
(b) an amendment to the waste management plan for the region concerned requires a review of the waste facility permit,
the local authority shall initiate a review of a waste facility permit granted by it at any time after the date on which the said permit was granted.
(2) Where a local authority proposes to review a waste facility permit under sub-article (1), it shall give notice in writing of such intention to the permit holder and to the Agency and the waste facility permit shall remain in force until such time as a reviewed waste facility permit is granted or refused pursuant to article 35 or the existing permit is revoked under article 36.
(3) A notice given under sub-article (2)—
(a) shall inform the permit holder of the intent of the local authority to review the existing waste facility permit,
(b) shall advise the permit holder that the local authority is available for pre-application consultations and that such course of action is recommended in order to assess the application for the review of a waste facility permit in terms of the procedures which are likely to apply to the review process under article 32.
(c) shall require the permit holder to make an application to the local authority for a review of the waste facility permit,
(d) may specify such submissions, plans, documents, other information and particulars to be furnished with the application by the permit holder as the local authority considers necessary for the purposes of the proposed review,
(e) shall require the permit holder to pay the appropriate fee for the review of the waste facility permit in accordance with the fifth schedule as set out in article 42,
(f) may, in accordance with article 44(2), require the holder of a permit to defray or contribute towards any costs reasonably incurred by the local authority in respect of the proposed review and such costs shall not exceed the actual costs incurred,
(g) shall indicate that—
(i) a submission relating to the proposed review, including requirements specified by the local authority under sub-article 3(d), may be made by the waste facility permit holder in writing to the local authority within 25 working days of the date of the giving of the notice, and that the local authority shall not decide to amend conditions attached to, a waste facility permit which it has granted, before the expiry of the said period, and
(ii) where the permit holder does not make a submission in accordance with paragraph (i), the local authority shall revoke the existing waste facility permit it has granted and give notice in writing of the decision with the reasons for the decision to the waste permit holder and notify the applicant under article 18 of that decision.
(4) Where a waste facility permit has been revoked by a local authority, in accordance with this article, the former permit holder shall make an application to the local authority for the surrender of the waste facility permit in accordance with article 29.
(5) The former holder of a waste facility permit which has been revoked may, within a period of 30 working days, appeal to a court of competent jurisdiction against the revocation of the waste facility permit and, on hearing the appeal, the court may confirm or annul the revocation.
Application made by permit holder for the review of a waste facility permit
31. (1) A waste facility permit holder may, at any time, submit an application to a local authority to review a waste facility permit but in any event, in accordance with the provisions of article 35(8), no later than 60 working days before the date of expiry of an existing waste facility permit if it is to remain in force until such time as a reviewed waste facility permit is granted or refused under article 36 or, as the case may be, a new waste facility permit is granted under article 18, or the existing permit is revoked under article 36.
(2) Where a waste facility permit holder proposes to have an existing permit reviewed under sub-article (1), the permit holder shall—
(a) make an application to the local authority for a review of the waste facility permit,
(b) furnish such submissions, plans, documents, other information and particulars to the local authority as are necessary to support the application for the proposed review of the waste facility permit, and
(c) include payment of the appropriate fee for an application for the review of a waste facility permit as set out in the fifth schedule in accordance with article 42.
Procedures to be applied by the local authority in the determination of an application for the review of a waste facility permit
32. Where an application for the review of an existing waste facility permit has been received by a local authority under articles 30 and 31, the local authority shall notify the Agency of the review and—
(1) the local authority may decide, in its reasonable opinion, that—
(a) adequate information has been provided by the applicant and proceed to review the waste facility permit on the basis of the information received by it in accordance with the procedure set out in article 33, or as appropriate
(b) adequate information has been provided by the applicant, but that there is a need for a public consultation process on the basis of the changes proposed in the nature, focus or extent of the waste-related activities or in the nature or extent of any emission concerned, and—
(i) require the applicant to insert a public notice in either a national newspaper, or in newspapers circulating in the area in which the facility or premises is located, that an application for a review of the existing waste facility permit has been sent to the local authority, and
(ii) seek submissions on the application for the review of a waste facility permit from members of the public in accordance with the procedures set out in article 34, before making a decision on the review of the waste facility permit; or as appropriate.
(c) an application for a waste facility permit in accordance with articles 7, 8, 9 and 10 is warranted due to the nature, focus or extent of the waste-related activities or in the nature or extent of any emission concerned, proposed in the application for a review of a waste facility permit being so significantly changed from the existing permit.
(2) The local authority shall make a decision under this article on the procedures to apply to the review of the waste facility permit within 25 working days from the date of submission of an application for the review of a waste facility permit under article 31 or in response to a notice issued under article 30.
(3) Where a local authority decides under sub-article (1)(c) that an applicant for the review of a waste facility permit should make an application for a new waste facility permit in accordance with articles 7, 8, 9 and 10, the local authority shall notify the applicant in writing to this effect within 5 working days of making its decision.
(4) Where an applicant for the review of a waste facility permit receives a notification under sub-article (3), he or she may appeal to a court of competent jurisdiction against such a decision and, on hearing the appeal, the court may confirm or annul the decision.
Decision on an application for the review of a waste facility permit on the basis of particulars received from the applicant
33. Where the local authority considers, in its reasonable opinion, and following an assessment of any submissions, observations, documents, particulars, records and information received by it in relation to the application for the review of a waste facility permit, that the proposed review of the waste facility permit does not represent a significant change in the nature, focus or extent of the existing waste-related activities or in the nature and extent of any emission concerned, the local authority shall proceed to make a decision on the review of the waste facility permit review within 25 days working days on that basis.
Decision on an application for the review of a waste facility permit on the basis of particulars received from the applicant and other persons
34. (1) Notwithstanding article 32(1)(c), where the local authority considers, in its reasonable opinion, following an assessment of any submissions, observations, documents, particulars, records and information received by it in relation to the application for the review of a waste facility permit, that the proposed activities contain a significant change in the nature, focus and extent of the existing waste-related activities or in the nature or extent of any emissions concerned, the local authority shall—
(a) require the applicant to publish notice within 10 working days that an application has been made to the local authority for a review of the existing waste facility permit in either a national newspaper, or in newspapers circulating in the local authority area in whose functional area the facility is located.
(i) A notice published pursuant to this sub-paragraph shall—
(A) contain as a heading, and in uppercase, the words “APPLICATION TO [NAME OF THE LOCAL AUTHORITY] FOR THE REVIEW OF A WASTE FACILITY PERMIT”,
(B) give the name and the address of the principal place of business of the applicant,
(C) state the location or postal address of the facility to which the application for a review relates,
(D) give a brief description of the nature and purpose of the activity,
(E) state that an application for the review of the waste facility permit has been made to the above mentioned local authority,
(F) specify the class or classes of activity concerned, in accordance with—
(i) the third schedule and the fourth schedule of the Act and, in the case of two or more activities, identify the principal activity, and
(ii) part I of the third schedule of these Regulations and, in the case of two or more activities, identify the principal activity,
(G) state that a copy of the application for a review of the waste facility permit will be available for inspection or purchase at the principal office of the local authority and that any member of the public may, within a period of 25 working days of the date of the published notice, make a written submission to the local authority in relation to the said application for a waste facility permit review.
(b) make available for public inspection, as soon as may be, in accordance with this article—
(i) a copy of the application for the review of the waste facility permit, including the documents and information received therein,
(ii) submissions received from the public in relation to the application for review of the waste facility permit,
(c) arrange that a copy of the application for the review of a waste facility permit, or any extract therefrom, shall be made available for purchase, on request, during office hours at the principal office of the local authority, at such charge (if any), not exceeding the reasonable cost of making such copies, as the authority may determine.
(2) (a) Any person may, on his or her own initiative, or on the invitation of the local authority, within a period of 25 working days following the making available for inspection by a local authority of an application for a review of a waste facility permit, make a written submission to the authority in relation to the said application and the local authority shall have regard to the submission when making its decision on the application.
(b) The local authority shall, as soon as may be after receipt of a submission under sub-article (a)—
(i) notify the person in writing that the submission has been received by the local authority,
(ii) make the submission available for public inspection in accordance with sub article 34(1),
(iii) notify the applicant in writing that the submission has been received by the local authority and has been made available for inspection in the principal office of the local authority from a specified date,
(c) An applicant may make a submission in writing to the local authority in relation to any submission received under sub-article 2(a) within a period of 25 working days of the date of its notification to the applicant.
Determination and notice of grant or refusal of a reviewed waste facility permit
35. (1) Notwithstanding a decision under sub-article 32(3) to require an applicant for the review of a waste facility permit to make an application for a waste facility permit in accordance with articles 7, 8, 9 and 10, a local authority may, on application being made to it for the review of a waste facility permit, grant a reviewed waste facility permit in accordance with these Regulations, or refuse to grant such a permit, in relation to the carrying on by the applicant of a waste-related activity at the facility.
(2) A local authority shall make a decision in relation to an application for a review of a waste facility permit as expeditiously as possible and, in any event, grant, with or without conditions, or refuse to grant a review of a waste facility permit within a period of—
(a) 40 working days from the date of the receipt of an application for the review of a waste facility permit, or
(b) 25 working days from the date of receipt of any submission received under and in accordance with sub-article 34(2),
whichever period is the longest.
(3) Where it appears to a local authority that it would not be possible or appropriate, because of the particular circumstances of an application for the review of a waste facility permit or because of the number of applications which have been submitted to the authority, to decide on an application within the period referred to in sub-article (2), the local authority shall, by notice in writing served on each party to the application before the expiration of that period, inform such party of the reasons why it would not be possible or appropriate to determine the application within that period and shall specify the date before which the authority intends that the application shall be determined.
(4) Where a notice has been served under sub-article (3), the local authority concerned shall take all reasonable steps as are open to it to ensure that the application is decided upon before the date specified in the notice.
(5) A reviewed waste facility permit shall be granted for a period of 5 years, unless the applicant can demonstrate to the satisfaction the local authority that a shorter period is appropriate.
(6) A local authority shall not grant a reviewed waste facility permit unless it is satisfied that—
(a) the activity concerned, carried on in accordance with such conditions as are attached to the reviewed waste facility permit, will not cause environmental pollution,
(b) any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment, and
(c) best available techniques will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned,
(d) the applicant is a fit and proper person, and
(7) Where an application is made under these Regulations for the review of an existing waste facility permit at least 60 working days before the expiry date of the permit, the waste facility permit shall remain in force until—
(a) a reviewed waste facility permit is granted or refused under sub-article (1), or
(b) an application for a waste facility permit is required under articles 7, 8, 9 and 10 and is granted or refused under article 18, or
(c) the existing permit is revoked under article 36.
(8) Where an application is not made for the review of an existing waste facility permit-
(a) at least 60 working days before the expiry date of the permit, or
(b) in the case of notification by the local authority under article 32(5) that an application for a waste facility permit is required in accordance with articles 6, 7, 8 and 10, at least 60 working days from the date of issue of this notification,
the existing waste collection permit shall cease to have effect after the expiry date and the person shall not engage in waste-related activities at the facility until such time as a waste permit is granted in accordance with article 18 or, as the case may be, a reviewed waste facility permit is granted in accordance with article 35.
(9) The local authority shall, as soon as may be after making a decision on the review of a waste facility permit to amend conditions attached to a waste facility permit which has been granted or to refuse to grant a reviewed waste facility permit, give notice in writing of its decision and the reasons for its decision to the permit holder, to the Agency and where appropriate, to any person who made a submission in relation to the application for the review of a waste facility permit.
(10) A notification under sub-article (9) to the waste facility permit holder and to the Agency in relation to amending conditions attached to a waste facility permit shall be accompanied by a copy of the amended waste facility permit.
(11) A notification to any person who made a submission in relation to the application for the review of a waste facility permit under sub-article (9) of a decision to grant a reviewed waste facility permit shall state that a copy of the permit will be available for inspection or purchase during office hours at the principal office of the local authority, and the said authority shall arrange accordingly.
(12) An applicant for a review of a waste facility permit which has been refused or the waste facility permit conditions amended pursuant to a notice under sub-article (9) may appeal to a court of competent jurisdiction against such a decision and, on hearing the appeal, the court may confirm, annul or amend the decision.
(13) Where a waste facility permit which involves the treatment of animal by-products within the meaning of Regulation (EC) No. 1774/2002 laying down health rules concerning animal by-products not intended for human consumption has been reviewed by a local authority, it shall notify the Minister for Agriculture and Food and send a copy of the reviewed waste facility permit to that Minister following the review of the waste facility permit.
(14) For the purposes of sub-article (9), in the case of an application for the review of a waste facility permit signed by more than one person, the local authority shall give notice only to the person who forwarded, or appears to the local authority to have forwarded, that application to the said authority.
Revocation of a waste facility permit
36. (1) A local authority may revoke a waste facility permit, if it appears to it that the—
(a) permit holder, or other relevant person, is not, in its reasonable opinion, a fit and proper person to hold a waste facility permit, or
(b) activity being carried out is, or may be, in contravention of the waste facility permit conditions granted by the local authority, or
(c) activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007, the Waste Management (Movement of Hazardous Waste) Regulations 1998, or the Waste Management (Transfrontier Shipment of Waste) Regulations 1998, or
(d) waste facility permit holder, or other relevant person, is likely, by a continuation of his or her activities, to cause environmental pollution, or
(e) waste facility permit holder, or other relevant person, is participating in, facilitating, or otherwise contributing towards the onward movement of waste to unauthorised facilities or unauthorised collectors.
(2) In determining whether a person shall be a relevant person for the purpose of this article, a local authority shall consider the extent to which the person is, or is likely to be, in a position to direct or control the carrying on of the activity to which the relevant waste facility permit relates.
(3) A local authority shall, as soon as may be after making a decision under sub-article (1) to revoke a waste facility permit it has granted, give notice in writing of the decision and the reasons for the decision to the waste facility permit holder and to the Agency.
(4) Where a waste facility permit has been revoked by a local authority in accordance with this article, the former permit holder shall make an application to the local authority for the surrender of the waste facility permit in accordance with article 29.
(5) The former holder of a waste facility permit which has been revoked may appeal to a court of competent jurisdiction against the revocation of the waste facility permit and, on hearing the appeal, the court may confirm or annul the revocation.
Registration of certain activities
37. (1) In accordance with the provisions of article 6(2)(c), a person may carry on an activity of a class specified in part II of the third schedule at a facility from the coming into operation of these Regulations where a certificate of registration has been granted in relation to the carrying on of the said activity at that facility.
(2) The Agency or a local authority, as the case may be, may on an application being made to it in accordance with these Regulations’, grant a certificate of registration, or refuse to grant such a certificate, in relation to the carrying on at a facility of an activity specified in Part II of the third schedule.
(3) An application for a certificate of registration shall be made in the case of—
(a) an activity carried on by or on behalf of a local authority, to the Agency,
(b) an activity carried on by a person other than a local authority, to a local authority in whose functional area the relevant facility is located.
(4) The application for a certificate of registration shall be made in writing, or other form of notification, including electronic means, as may be determined by the local authority in whose functional area the facility is located or, as the case may be, by the Agency.
(5) An application for a certificate of registration shall contain—
(a) the information specified in article 10(1),
(b) details of the measures proposed to enable the applicant to comply with the requirements set out in article 6(2)(c) and the fourth schedule, or a statement of reasons why such measures are not considered necessary, and
(c) the fee payable as set out in the fifth schedule.
(6) On receipt of an application for a certificate of registration, a local authority or, as the case may be, the Agency shall—
(a) immediately stamp the application with the date of receipt and assign a reference number to the application, and
(b) notify the applicant in writing that the application has been received by the local authority or the Agency, as the case may be.
(7) Within a period of 10 working days following receipt of an application for a certificate of registration, a local authority or, as the case may be, the Agency shall—
(a) decide whether the requirements of sub-article (5) have been complied with, and
(b) comply with the relevant requirements of article 12 of the Waste Management (Register) Regulations 1997.
(8) Where—
(a) a local authority refers an application for a certificate of registration to the Agency for a determination under article 11(2), the period specified in sub-article (7) shall not commence until such time as a determination has been notified to the local authority by the Agency in accordance with article 11(3),
(b) the Agency decides to make a determination in accordance with article 11(4) in relation to an application for a certificate of registration received by it, the period specified in sub-article (7) shall not commence until such time as a determination is made.
(9) Where a local authority or, as the case may be, the Agency, considers in accordance with sub-article (7) that the requirements of sub-article (5) have been complied with in respect of an application, it shall, within 5 working days of making its decision, send to the applicant an acknowledgement of receipt of a valid application.
(10) A local authority or, as the case may be, the Agency, shall decide on an application for a certificate of registration as expeditiously as possible and, in any event, grant, or refuse to grant, a certificate of registration within—
(a) 25 working days, or
(b) in the case of WEEE, the period specified in article 39(5)(f) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 subject to any amendment that may be made to those regulations from time to time,
from the date of submission of a valid application form in accordance with this article.
(11) If a local authority or, as the case may be, the Agency considers that—
(a) there is insufficient information to determine whether an application for a certificate of registration is valid, it may return the application to the applicant stating its reason(s), or
(b) following a determination by the Agency in accordance with article 11, that the activity concerned is not appropriate to registration, it shall refuse to issue a certificate of registration.
(12) A local authority or, as the case may be, the Agency shall not grant a certificate of registration unless it is satisfied that—
(a) the activity concerned when carried on within the terms of the certificate of registration will not cause environmental pollution,
(b) any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment,
(c) best available techniques will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned,
(d) the applicant is a fit and proper person.
(13) Where considered necessary, a local authority, or as the case may be, the Agency shall physically inspect a facility or, as the case may be, a proposed facility before deciding whether to grant or refuse an application for a certificate of registration.
(14) A certificate of registration shall be granted for a period of five years, unless the applicant can demonstrate to the satisfaction of the local authority or, as the case may be, the Agency that a shorter period is appropriate.
(15) When issuing a certificate of registration to an applicant under sub-article (14), a local authority or, as the case may be, the Agency may require—
(a) the making of payments by the registration holder to the local authority or, as the case may be, the Agency in accordance with article 44 to defray such costs as may reasonably be incurred by the authority in inspecting, monitoring, auditing, enforcing or otherwise performing any functions in relation to the activity concerned, other than in accordance with the fifth schedule, and
(b) such costs shall not exceed the actual expenditure incurred by the local authority or, as the case may be, the Agency.
(16) Any proposed activity for which an application for registration is made shall not commence until a certificate of registration has been issued by the local authority or, as the case may be, the Agency.
(17) Where a significant change in the nature, focus or extent of the waste-related activity or in the nature or extent of any emission concerned is proposed by the registration holder, the local authority or, as the case may be, the Agency shall—
(a) be notified in advance, in writing, of such change by the registration holder, and
(b) assess the information in accordance with article 38(2).
(18) An applicant for a certificate of registration which has been refused may appeal to a court of competent jurisdiction against such a decision and, on hearing the appeal, the court may confirm or annul the refusal.
Review, amendment, revocation or transfer of a certificate of registration
38. (1) A local authority or, as the case may be, the Agency, shall have absolute discretion to review or revoke a certificate of registration granted by it at any time where—
(a) there is reason to believe that a material change in the nature, extent or focus of the waste-related activity or in the nature or extent of any emission concerned has taken place, or
(b) an amendment to the waste management plan for the region concerned requires a review of the certificate of registration, and
the local authority, or as the case may be, the Agency shall initiate a review of a certificate of registration granted by it.
(2) A registration holder may, at any time, make an application for the review a certificate of registration in accordance with sub-article (5) to a local authority or, as the case may be, the Agency.
(3) Where a local authority or, as the case may be, the Agency proposes to review a certificate of registration under sub-article (1), it shall give notice in writing to the registration holder which shall indicate that—
(a) the local authority or, as the case may be, the Agency intends to review the existing certificate of registration,
(b) the registration holder is required within 30 working days of the date of issue of the notice to make an application in accordance with sub-article 4 for a review of the said certificate of registration to the local authority or, as the case may be, the Agency and that the local authority or, as the case may be, the Agency shall not decide to amend conditions attached to a certificate of registration which it has granted, before the expiry of the said period,
(c) where the registration holder does not make a submission in accordance with sub-article (b), the local authority or, as the case may be, the Agency shall make and issue a decision in relation to the application for a review in accordance with the requirements of these regulations, and
(d) in accordance with article 44(2), the holder of a certificate of registration, as the case may be, may be required to defray or contribute towards any costs reasonably incurred by the local authority or, as the case may be, the Agency in respect of the proposed review and such costs shall not exceed the actual costs incurred.
(4) An application for a review of a certificate of registration shall—
(a) contain such submissions, plans, documents, other information and particulars as are necessary to support the application for the proposed review of the certificate of registration, and
(b) include the appropriate fee payable for an application for the review of a certificate of registration as set out in the fifth schedule.
(5) The local authority or, as the case may be, the Agency shall make and issue a decision in relation to the application for a review of a certificate of registration in accordance with the requirements of these regulations.
(6) A certificate of registration may be transferred from the holder to another person in accordance with the following procedures—
(a) Where the holder of a certificate of registration desires that the certificate be transferred to another person, the registration holder and the proposed transferee shall jointly make an application to the local authority or, as the case may be, the Agency, requesting that such a transfer be effected by the local authority, or, as the case may be, the Agency,
(b) An application under sub-article 6(a) shall be made to the local authority or, as the case may be, the Agency and shall be accompanied by the fee as set out in the fifth schedule,
(c) The local authority or, as the case may be, the Agency may require the provision of such further information by the certificate of registration holder or the proposed transferee as it considers appropriate for the purposes of dealing with an application made by them under this sub-article,
(d) If, on consideration of an application under this sub-article, and any relevant information provided in respect thereof, the local authority or, as the case may be, the Agency is satisfied that the proposed transferee would, if he or she were an applicant for the certificate of registration, be regarded by it as being a fit and proper person to be granted under this sub-article a like certificate of registration to the certificate of registration concerned, it shall effect a transfer of the certificate of registration to the proposed transferee.
(7) A local authority, or, as the case may be, the Agency may revoke a certificate of registration, if it appears to it that–
(a) the registration holder, or other relevant person, is not, in its reasonable opinion, a fit and proper person to hold a waste facility permit,
(b) the activity is being carried out in contravention of the terms of the certificate of registration or the rules imposed in the fourth schedule,
(c) the activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007, the Waste Management (Movement of Hazardous Waste) Regulations 1998, or the Waste Management (Transfrontier Shipment of Waste) Regulations1998,
(d) the registration holder, or other relevant person, is likely, by a continuation of his or her activities, to cause environmental pollution, or
(e) the registration holder, or other relevant person, is participating in, facilitating, or otherwise contributing towards the onward movement of waste to unauthorised facilities or unauthorised collectors.
(8) In determining whether a person shall be a relevant person for the purpose of the revocation of a certificate of registration, a local authority or, as the case may be, the Agency shall consider the extent to which the person is, or is likely to be, in a position to direct or control the carrying on of the activity to which the relevant certificate of registration relates.
(9) A local authority or, as the case may be, the Agency shall, as soon as may be after making a decision under sub-article (7) to revoke a certificate of registration it has granted, give notice, where appropriate, in writing of the decision and the reasons for the decision to the registration holder and to the Agency.
(10) Where an application for a certificate of registration has been refused or a certificate of registration revoked under this article by a local authority or, as the case may be, the Agency, the former holder of a certificate of registration shall make an application for the surrender of the certificate of registration under article 39.
(11) In the case of an activity involving the biological treatment of animal by-products and where a certificate of registration has been granted, refused, revoked or surrendered, the local authority or, as the case may be, the Agency, shall, as appropriate, notify the Minister for Agriculture and Food of such a decision.
(12) The former holder of a certificate of registration which has been refused or revoked may appeal to a court of competent jurisdiction against the refusal or revocation of the certificate of registration and, on hearing the appeal, the court may confirm or annul the revocation.
Surrender of a certificate of registration
39. (1) An application for the surrender of a certificate of registration shall be made—
(a) in the case of an activity carried on by or on behalf of a local authority, to the Agency, or
(b) in the case of an activity carried on by a person other than a local authority, to a local authority in whose functional area the relevant facility is located.
(2) A certificate of registration, upon an application being made by the registration holder and subject to the agreement of the local authority in whose functional area the facility is located or, as the case may be, the Agency—
(a) may be surrendered by the registration holder at any time,
(b) shall be surrendered by the registration holder when the waste-related activity ceases, or
(c) shall be surrendered by the registration holder when the certificate of registration expires
by notice in writing to the local authority or, as the case may be, the Agency.
(3) A local authority or, as the case may be, the Agency, shall not agree to the surrender of a certificate of registration unless it is satisfied that the condition of the facility is not causing or likely to cause environmental pollution.
(4) A local authority or, as the case may be, the Agency, may, in agreeing to the surrender of a certificate of registration, attach conditions, which shall be complied with by the registration holder.
(5) The making of an application for the surrender of a certificate of registration under this article, the revocation of the ceretificate of registration or the cessation of the activity to which a certificate of registration relates, shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the registration holder as are specified in or arise under the terms of the certificate of registration.
Monitoring, inspection, auditing and enforcement
40. (1) Local authorities or, as the case may be, the Agency, shall be responsible for—
(a) the monitoring, inspection and auditing of facilities authorised under these Regulations, and
(b) the enforcement of the obligations imposed by waste facility permits and certificates of registration, including the provisions of Section 32 of the Act.
(2) Each local authority or, as the case may be, the Agency shall take such steps as are necessary for the purpose of checking the compliance of waste activities subject to a waste facility permit or certificate of registration in meeting—
(a) the general environmental requirements set out in article 4 of Directive 2006/12/EC, and
(b) in the case of activities subject to a waste facility permit, the conditions attached to the permit, and
(c) in the case of activities subject to a certificate of registration, the rules set out in the fourth schedule.
(3) Each local authority or, as the case may be, the Agency may develop processes, including as appropriate, audit programmes which shall be designed to verify the data provided by holders of waste facility permits and certificates of registration on waste acceptance, waste recovery and waste disposal. Any such audit programmes should include procedures for the assessment of annual environmental reports submitted by permit holders and registration holders and be adequate to ensure that the reported information is accurate.
(4) For the purposes of ensuring that holders of waste facility permits, certificates of registration are complying with their obligations under these Regulations, a local authority or, as the case may be, the Agency, or an Authorised Officer may take all reasonable measures as are decided to be appropriate in each case, including—
(a) measures prescribed under sections 14, 15, 16 and 18 of the Act, and
(b) in accordance with a risk-based enforcement plan prepared on the basis of the Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing minimum criteria for inspections in Member States and the Enforcement Handbook published by the Agency.
Entries in registers established under section 19 of the Act
41. (1) It is hereby prescribed that the register established and maintained by a local authority in accordance with section 19 of the Act shall contain entries specifying—
(a) in relation to each activity in respect of which a waste facility permit is granted, reviewed, revoked, transferred or surrendered, the information specified in article 10(1),
(b) in relation to each activity in respect of which a certificate of registration is granted, reviewed, revoked, transferred or surrendered, the—
(i) full name, address and telephone number of the person responsible for managing the facility, and
(ii) location of the facility concerned, and
(iii) records of the types and quantities of waste dealt with at the facility (including European Waste Catalogue Code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent amendments), and
(iv) commencement date of the activity
Fees payable
42. (1) The applicant shall pay a fee to the local authority or, as the case may be, the Agency in respect of an application for a—
(a) waste facility permit,
(b) review of a waste facility permit,
(c) certificate of registration,
(d) review of a certificate of registration,
(e) transfer of a waste facility permit, or
(f) transfer of a certificate of registration.
(2) The fee payable shall be—
(a) the amount indicated in column (3) of the fifth schedule for the particular category of application, or
(b) where a class of activity can be identified by reference to more than one class in either Parts I or II, as appropriate, within the third schedule, the only fee payable under sub-article (1) shall be the highest of the fees specified in column (3) of the fifth schedule opposite the class of activity so identified in column (2) of that schedule.
(3) Notwithstanding the provisions of sub-articles (1) and (2), the local authority or the Agency, as appropriate, shall have an absolute discretion to refund or waive all or part of the fee payable in respect of a particular application where the local authority or the Agency is satisfied that the payment in full of the fee would not be just and reasonable having regard to the limited scale or nature of the activity concerned, or where the charging of a full fee may act as a financial disincentive to individuals or companies who are operating on a small scale and are engaged in environmentally beneficial operations such as waste recovery or recycling.
False or misleading information or failure to provide information
43. (1) A person shall not compile information, which he or she knows to be false or misleading in a material respect, or furnish any such information in support of an application or in response to any notice or other document used for the purposes of these Regulations and any person who does so shall be guilty of an offence.
(2) A person who fails to comply with a notice or to provide information which a local authority or the Agency requires under these Regulations shall be guilty of an offence.
Defrayal of local authority or agency costs
44. (1) Having considered the information submitted by the applicant under article 10 and any further information provided by the applicant at the request of the local authority under article 13 to verify particulars or information furnished by the applicant in relation to the application and the need to carry out investigations concerning discharges to groundwater in accordance with article 17, the local authority may decide, where it appears to it to be reasonable, to carry out or cause to be carried out such inspections, investigations and analyses as are necessary to decide on an application.
(2) The local authority or, as the case may be, the Agency may, by notice in writing, require an applicant or the holder of a waste facility permit or a certificate of registration, as the case may be, to defray or contribute towards any costs reasonably incurred by the local authority or, as the case may be, the Agency including—
(a) the cost of any investigations carried out or caused to be carried out by the local authority or, as the case may be, the Agency so as to enable the authority or the Agency to decide on an application for, or the review of, a—
(i) waste facility permit, or
(ii) certificate of registration.
(b) any costs incurred by the local authority or the Agency for the purpose of ensuring compliance by the holder of a waste facility permit or certificate of registration with the requirements imposed by the said permit or registration, including the cost of any inspection, monitoring, auditing, enforcement or investigations deemed necessary and carried out or caused to be carried out by the local authority or, as the case may be, the Agency and the taking and analysis of any sample of waste.
(3) The amount of any payment required under sub-article (2) in respect of an application or the review, or in ensuring compliance by a permit holder or registration holder, taken together with the application fee set out in the fifth schedule, shall not exceed the costs incurred by a local authority or the Agency, as appropriate, in deciding on the application, review or compliance.
(4) A person on whom a notice is served under sub-article (2) shall comply with the requirements of the notice within such period, being a period of not less than 15 working days, as may be specified in the notice, and in default of such payment,
(a) the local authority concerned or, as the case may be, the Agency may refuse to grant a waste facility permit or a certificate of registration, and
(b) the amount concerned may be recovered by the local authority concerned or, as the case may be, the Agency as a simple contract debt in any court of competent jurisdiction.
Article 3.
FIRST SCHEDULE REGULATIONS REVOKED
Number
Title
Extent of Revocation
S.I. No. 165 of 1998
Waste Management (Permit) Regulations 1998
The whole regulations subject to transitional arrangements in article 3 of these Regulations
Article 4.
SECOND SCHEDULE. PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE PERMITS GRANTED BY A LOCAL AUTHORITY.
Council Directive 75/439/EEC of 16 June 1975 (O.J. No. L 194/23 of 25 July 1975) on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986 (O.J. No. L 42/43 of 12 February 1987).
Council Directive 75/442/EEC of 15 July 1975 on waste (O.J. No. L 194/39 of 25 July 1975), as amended by Council Directive 91/156/EEC of 18 March 1991 (O.J. No. L 78/32 of 26 March 1991) and consolidated under Directive 2006/12/EC of the European Parliament and the Council of 5 April 2006 on waste (O.J. No. L114/9 of 27 April 2006).
Directive 2006/11/EC of 15 February 2006 of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the community (O.J. No. L64/52 of 4 March 2006)
Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (O.J. No. L372/19 of 27 December 2006)
Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos (O.J. No. L85/40 of 28 March 1987)
Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (O.J. No. L 375/1 of 31 December 1991)
European Parliament and Council Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy (O.J. No. L 327/1 of 22 December 2000)
Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (O.J. No. L 377/20 of 31 December 1991).
Directive 2002/96/EC of the European Parliament and of the Council of 27January 2003 on waste electrical and electronic equipment, (O.J.No.L37/24,13 February 2003), as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 (O.J. No. L 345/106, 31 December 2003).
Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (O.J. No. L365/10 of 31 December 1994), as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 on packaging and packaging waste (O.J. No. L47/26 of 18 February 2004)
Directive 2000/53/EC of the European Parliament and Council of 18 September 2000 on end —of life vehicles (O.J. No.L269/34, 21 October 2000) as amended by Council Decision 2005/673/EC of 20 September 2005
Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (O.J. No. L182/1 16 July 1999).
Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (O.J. No. L244/1 of 29 September 2000), as amended by Council Regulations (EC) Nos. 2038/2000 (O.J. No. L244/25 of 29 September 2000), 2039/2000 (O.J. No. L244/26 of 29 September 2000), 1804/2003 (O.J. No. L265/1 of 16 October 2003), Commission Regulation (EC) No. 2077/2004 (O.J. No. L359/28 of 4 December 2004), Commission Regulation (EC) No. 29/2006 (O.J. No. L6/27 of 11 January 2006) and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 (O.J. No. L337/3 of 5 December 2006)
Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (O.J. No. L161/1 of 14 June 2006)
Directive 2006/66/EC of 6 September 2006 of the European Parliament and the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (O.J. No. L 266/49 of 26 September 2006)
Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (O.J. No. L078/38 of 26 March 1991) as amended by Commission Directive 93/86/EEC of 4 October 1993 (O.J. No. L264/51 of 23 October 1993) and by Commission Directive 98/101/EC of 22 December 1998 (O.J. No. L1/1 of 5 January 1999)
Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (O.J. No. L332/1 of 9 December 2002)
Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (O.J. No. L229/5 of 29 June 2004) as amended by Council Regulation (EC) No. 1195/2006 (O.J No. L55/1 of 23 January 2007) and Council Regulation (EC) No. 172/2007 O.J. No. L272/19, 27 December 2006 (O.J. No. L217/1, 8 August 2006)
Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003 (O.J. No. L117/1 of 13 May 2003)
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (O.J. No. L103/1 of 25 April 1979)
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206/7 of 22 July 1992)
Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances
Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration
Article 6.
THIRD SCHEDULE
PART I CLASSES OF ACTIVITY SUBJECT TO WASTE FACILITY PERMIT APPLICATION TO A LOCAL AUTHORITY
The carrying on by a person (other than a local authority) at a facility (other than a facility located in whole or in part in an area which is not within the functional area of a local authority) of any of the following activities, provided that—
(a) the activity is not an activity which is carried on in, on or adjacent to, a facility at which a licensable activity is being carried on, and
(b) In the cases of Class 5 and Class 6 the upper limits on the amount of waste, which may be accepted, shall relate to
(i) the total quantity of waste which has been received and is proposed to be accepted at the facility at any time, or
(ii) in the case of an activity which is carried on in, on or adjacent to, a facility at which a waste-related activity is being carried on which is the subject of a waste facility permit or certificate of registration, the total quantity of waste which has been received at both the facility itself and all such facilities at any time.
CLASS NO.
DESCRIPTION
1.
The reception and temporary storage, pending collection, other than by a local authority, where not otherwise regulated by a waste licence or certificate of registration, or exempted in accordance with the provisions of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 of—
(1) household hazardous waste (other than WEEE and mercury containing waste or used batteries and accumulators) at a civic amenity facility, recycling centre or central collection point, or
(2) WEEE at any premises
for the purpose of onward transport and submission to recovery at an authorised facility. Annual intake shall not exceed —
(i) in the case of liquid waste, 100,000 litres,
(ii) in the case of non-liquid waste, 100 tonnes.
2.
The Reception, storage (including temporary storage) and recovery of waste vehicles (other than end-of-life vehicles) having regard to the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ).
3.
The reception, treatment and recovery of WEEE (including removal of all fluids and dismantling or disassembly or removal of WEEE substances, preparations and components prior to treatment) in accordance with the provisions of articles 20 and 21 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations ( S.I. No. 340 of 2005 ). Annual intake shall not exceed 10,000 tonnes per annum.
4.
The reception, storage and recovery of scrap metal, including scrap metal arising from end-of-life vehicles, waste vehicles (other than end-of-life vehicles) and WEEE where scrap metal from —
(1) end-of-life vehicles shall be subject to appropriate treatment and recovery in accordance with the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) prior to acceptance at the scrap metal facility, and as appropriate,
(2) waste vehicles (other than end-of-life vehicles) shall be subject to appropriate treatment and recovery having regard to the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) prior to acceptance at the scrap metal facility, and as appropriate,
(3) WEEE shall be subject to appropriate treatment and recovery in accordance with the provisions of articles 20, 21 and 22 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) prior to acceptance at the scrap metal facility.
5.
Recovery of excavation or dredge spoil, comprising natural materials of clay, silt, sand, gravel or stone and which comes within the meaning of inert waste, through deposition for the purposes of the improvement or development of land, where—
(a) the activity shall have the principal objective that the waste serves a useful purpose in replacing other materials which would have had to be used for that purpose, thereby conserving natural resources,
(b) the waste-related activity consists of the direct use of the waste material without further processing other than normal industrial practice, and
(c) the total quantity of waste recovered at the facility is less than 100,000 tonnes.
6.
Recovery of inert waste (other than excavations or dredgings comprising natural materials of clay, silt, sand, gravel or stone) through deposition for the purposes of the improvement or development of land, where —
(a) the activity shall have the principal objective that the waste serves a useful purpose in replacing other materials which would have had to be used for that purpose, thereby conserving natural resources, and
(b) the waste-related activity consists of the direct use of the waste material without further processing other than normal industrial practice, and
(c) the total quantity of waste recovered at the facility is less than 50,000 tonnes.
7.
Recovery of inert waste arising from construction and demolition activity, including concrete, bricks, tiles, or other such similar material, at a facility (excluding land improvement or development) where—
(a) the annual intake shall not exceed 50,000 tonnes, and
(b) the maximum quantity of residual waste consigned from the facility for collection, onward transport and submission to disposal at an authorised facility shall not exceed 7,500 tonnes per annum.
8.
The reception, storage and composting of biowaste at a facility where—
(a) the maximum amount of compost and biowaste held at the facility does not exceed 6,000 cubic metres at any time, and
(b) the annual intake shall not exceed 10,000 tonnes.
9.
The reception, temporary storage and recovery of used batteries and accumulators where-
(a) from 26 September 2008, the treatment and recycling of used batteries and accumulators meets the requirements of article 12 of Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and
(b) the annual intake shall not exceed 1,000 tonnes.
10.
The recovery of waste (not mentioned elsewhere in this part of the third schedule), other than hazardous waste, where—
(a) the annual intake does not exceed 50,000 tonnes, and
(b) the maximum quantity of residual waste consigned from the facility for onward transport and submission to disposal at an authorised facility shall not exceed 7,500 tonnes per annum.
11.
The reception, storage and transfer of waste (other than hazardous waste) for disposal at a facility (other than a landfill facility) where the annual intake does not exceed 7,500 tonnes.
Note: Where the waste-related activities being undertaken within a facility encompass a number of the classes as set out within Part I of the third schedule, the quantity of waste concerned shall be taken as meaning the total quantity of waste accepted at the facility taking account of inputs relating to all classes of activity.
Article 6.
THIRD SCHEDULE
PART II CLASSES OF ACTIVITY SUBJECT TO REGISTRATION WITH LOCAL AUTHORITY OR THE AGENCY
The carrying on by a person at a facility of any of the following activities, provided that—
(1) the activity is not an activity which is carried on in, on or adjacent to, a facility at which a licensable activity is being carried on, and
(2) In the cases of Class 5 and Class 6, the upper limits on the amount of waste, which may be accepted, shall relate to—
(a) the total quantity of waste which has been received and is proposed to be accepted at the facility at any time, or
(b) in the case of an activity which is carried on in, on or adjacent to, a facility at which a waste-related activity is being carried on which is the subject of a waste facility permit or certificate of registration, the total quantity of waste which has been received at both the facility itself and all such facilities at any time.
CLASS NO.
DESCRIPTION
1.
The storage, pending collection, of household hazardous waste (other than WEEE) at a civic amenity facility, recycling centre or central collection point, where not otherwise regulated by a waste licence or waste facility permit for the purpose of onward transport and submission to recovery at an authorised facility where-
(a) annual intake shall not exceed—
(i) in the case of liquid waste, 25,000 litres
(ii) in the case of non-liquid waste, 25 tonnes, and
(b) the maximum period of storage of waste does not exceed 30 days.
2.
The reception and temporary storage of waste (other than WEEE) deposited by members of the public at a central collection point (including a temporary central collection point) when such activity is undertaken by, on behalf of, or with the approval of the local authority, where the maximum amount of waste stored at any time does not exceed 1,000 tonnes.
3.
The reception and temporary storage of crashed or immobilised vehicles, other than end-of-life-vehicles, pending decisions by the registered owners of these vehicles, or as appropriate, by an authorised person of a local authority, or a member of An Garda Síochána on whether the vehicles are to be discarded as end-of–life vehicles. The number of vehicles stored at any one time shall not exceed 6 at any one location and at any one time.
4.
Reception and temporary storage, pending collection for recovery of — less than 1000 kilograms of used batteries and accumulators, orless than 1 tonne of discarded equipment containing chlorofluorocarbons (other than WEEE), or less than
(a) 540 cubic metres of household WEEE, other than waste specified in sub-paragraphs (ii) and (iii),
(b) 12,000 units of WEEE categories in accordance with Category 5 of the first schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 ( S.I. No. 340 of 2005 ) or, as appropriate
(c) 300 kilograms of mobile phones,
for the purpose of onward transport to an authorised treatment facility of WEEE when undertaken in accordance with the requirements of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005.
5.
Recovery of excavation or dredge spoil, comprising natural materials of clay, silt, sand, gravel or stone and which comes within the meaning of inert waste, through deposition for the purposes of the improvement or development of land, where—
(a) the activity shall have the principal objective that the waste serves a useful purpose in replacing other materials which would have had to be used for that purpose, thereby conserving natural resources, and
(b) the waste-related activity consists of the direct use of the waste material without further processing other than normal industrial practice, and
(c) the works do not constitute exempted development within the meaning of Classes 11 (b) and 11(f) of Exempted Development — Rural within part 3 of the second schedule of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), and
(d) the total quantity of waste recovered at the site shall not exceed 25,000 tonnes.
6.
Recovery of inert waste (other than excavations or dredgings comprising natural materials of clay, silt, sand, gravel or stone), for the purpose of the improvement or development of land where—
(a) the activity shall have the principal objective that the waste serves a useful purpose in replacing other materials which would have had to be used for that purpose, thereby conserving natural resources, and
(b) the waste-related activity consists of the direct use of the waste material without further processing other than normal industrial practice, and,
(c) the works do not constitute exempted development within the meaning of Classes 11 (b) and 11(f) of Exempted Development — Rural within part 3 of second schedule of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), and
(d) the total quantity of waste recovered at the site shall not exceed 10,000 tonnes.
7.
Recovery of inert waste arising from construction and demolition activity, including concrete, bricks, tiles, or other such similar material, at a facility (excluding the improvement or development of land) where—
(a) the annual intake shall not exceed 10,000 tonnes, and
(b) the maximum quantity of residual waste consigned from the facility for submission to disposal at an authorised facility shall not exceed 1,500 tonnes per annum.
8
Recovery of inert waste arising from construction and demolition activity, including concrete, bricks, tiles or other such similar material, at a facility (excluding land improvement or development) where a planning permission has been granted conditioning the use of crushing equipment.
9
The storage at the place of extraction, for an indefinite length of time to await possible use for site restoration of waste material arising from quarrying or excavation where —
(a) conditions on waste management have not been imposed under section 261 of the Planning and Development Act 2000 (No. 30 of 2000), and
(b) such material is in a chemically unaltered state.
10.
The reception, storage and transfer of waste by a local authority, not mentioned elsewhere in this schedule, where the annual intake does not exceed 10,000 tonnes, and—
(a) the maximum amount of waste dispatched from the facility for onward transport and disposal does not exceed 1,500 tonnes per annum, and
(b) a period of storage of waste for disposal does not exceed 30 days.
11.
The reception, storage and composting of biowaste by a local authority, not mentioned elsewhere in this schedule, where —
(a) the annual intake does not exceed 5,000 tonnes, and
(b) the maximum amount of biowaste and compost held at a composting facility does not exceed 2,000 tonnes at any time.
12.
The storage and composting, on the premises where it is produced, of biowaste, where—
(a) the amount stored and treated does not exceed 50 tonnes per annum, and
(b) the maximum amount of biowaste and compost held at the facility at any time does not exceed 20 tonnes.
13
Recovery of organic waste, other than manure and sludge when used in agriculture for the purposes of benefit to agriculture or ecological improvement, where—
(a) the activity shall have the principal objective that the waste serves a useful purpose in replacing other materials which would have had to be used for that purpose, thereby conserving natural resources,
(b) the total quantity of organic waste recovered at the facility shall not exceed 1,000 tonnes, and
(c) the organic waste is spread on clearly identified and suitable lands and in accordance with a nutrient management plan and applied in compliance with an approved code of practice for spreading.
14.
The reception and temporary storage of—
(a) waste, returned or recovered refrigerant gases in refrigerant containers, or
(b) waste, returned or recovered halons in halon containers, or
(c) waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers,
pending collection or onward transport prior to submission to recycling, reclamation or destruction in accordance with the relevant legislative requirements for the specific type of refrigerant gas, halon or fluorinated greenhouse gas, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000 and Regulation (EC) No. 842/2006, and where the total quantity stored at any one time on a premises does not exceed 18 tonnes.
Note: Where the waste-related activities being undertaken within a facility encompass a number of the classes as set out within part II of the third schedule, the quantity of waste concerned shall be taken as meaning the total quantity of waste accepted at the facility taking account of inputs relating to all classes of activity.
Article 32.
FOURTH SCHEDULE
PART I GENERAL RULES IN RESPECT OF REGISTERED ACTIVITIES
(1) A Registration holder shall demonstrate within the application for a Certificate of registration the manner in which it is proposed to comply in all respects with the particulars of the Rules of this schedule, unless as may otherwise agreed in writing by the local authority or, as the case may be, the Agency.
(2) Any emissions from the recovery or disposal activity concerned (including both storage and temporary storage) shall not result in contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment.
(3) The registration holder shall ensure that all recovery and disposal of waste (including both storage and temporary storage) is undertaken in a manner which does not endanger human health.
(4) Waste shall only be accepted by the registration holder at the site between 0800 and 1800 hours, Monday to Friday inclusive, and between 0800 and 1400 hours on Saturdays unless otherwise approved in writing by the relevant local authority or, as the case may be, the Agency.
(5) The registration holder shall put in place appropriate procedures relating to the acceptance of waste at the facility, including
(i) waste inspection procedures,
(ii) waste acceptance and handling procedures,
(iii) waste characterisation and waste quarantine procedures,
(iv) other appropriate procedures and arrangements relating to the acceptance of waste, and
(v) measures to ensure compliance with article 6 of these Regulations.
(6) The registration holder shall put in place appropriate procedures relating to the supervision of the storage, recovery or disposal activity.
(7) The registration holder shall ensure that all waste accepted at the facility has been collected and transported in accordance with Section 34 of the Act and the Waste Management (Collection Permit) Regulations, 2007.
(8) The registration holder shall take all necessary measures relating to prevention of unauthorised waste activities and the establishment of controls on entry to the facility, including the rejection of all waste arriving at the facility where the vehicle does not possess the requisite authorisation to permit the collection and transportation of waste in accordance with Section 34 of the Act and the Waste Management (Collection Permit) Regulations, 2006.
(9) The registration holder shall conduct, document and maintain an assessment of the risk of environmental pollution, having regard to the types of the wastes to be accepted and the nature of the activity being undertaken at the facility.
(10) The registration holder shall take preventative measures to ensure that the activity is carried out in a manner which does not have any adverse effect on drainage of lands, watercourses, shallow wells, bored wells, raw water intakes or other sources of water supply, public and private roads or footways.
(11) In the case of an activity involving the storage or temporary storage of waste, the registration holder shall establish the necessary measures to ensure the secure and safe storage of the wastes, including appropriately designed storage locations and containment arrangements.
(12) The registration holder shall take all necessary measures to ensure compliance with all legal obligations pertaining to the carrying on of the activity or activities at the facility.
(13) The registration holder shall take preventative measures to ensure that the activity does not result in unreasonable noise, dust, grit and other nuisances, which would result in the impairment of, or significant interference with, the amenities or the environment beyond the site boundary.
(14) The registration holder, if requested by the Agency or relevant local authority, shall provide detailed written reports on investigations and monitoring of the activities and related ancillary matters.
(15) The registration holder shall maintain a register in relation to the activity to which the certificate of registration relates, which shall be available for inspection by the local authority, which details:
(a) the dates, time of arrivals and quantities of each waste consignment (by European Waste Catalogue code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent amendments) delivered to the facility,
(b) names of the carriers, including details of vehicle registrations and waste collection permits numbers,
(c) origin of waste delivered,
(d) quantities and composition of wastes rejected at the facility, and
(e) quantities, composition and destination of waste consigned for onward transport from the facility.
(16) The registration holder shall compile and maintain records in a format agreed with the local authority or, as the case may be, the Agency in respect of the particulars of the summary information contained in the register established in accordance with Rule (15), for a period of not less than 7 years.
(17) The registration holder shall immediately notify the relevant local authority or, as the case may be, the Agency of any incident arising from the activity, which:
(a) has the potential for contamination of surface or ground water, or
(b) poses an environmental threat to air or land.
(18) As part of the notification process, the operator shall include, within the 24 hours of any such incident occurring, details as to—
(a) the date and time of the incident,
(b) details of the incident,
(c) evaluation of the pollution caused, and
(d) remedial corrective measures undertaken or to be undertaken, including details of preventative measures.
(19) Not later than the 28th day of February in each year, the registration holder shall furnish to the local authority or, as the case may be, the Agency in such form as may be agreed, an Annual Environmental Report containing summary information in relation the preceding calendar year or part thereof as the case may be, in respect of the activities to which the Certificate of registration relates and giving particulars of the manner in which the Rules specified in this schedule have been implemented.
(20) The registration holder shall also comply with any additional rules for the management of particular streams of waste:
Part II: Waste Electrical and Electronic Equipment Facilities,
Part III: Refrigerant Gas, Halon and Fluorinated Greenhouse Gas Facilities,
Part IV: Organic Waste Composting Facilities,
Part V: Spreading of Organic Waste on Land, and
Part VI: Storage of Immobilised Vehicles.
PART II ADDITIONAL RULES FOR WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT FACILITIES
(1) The registration holder shall comply with all requirements of the Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 ( S.I. No. 340 of 2005 ), subject to any amendment that may be made to those regulations from time to time.
(2) The registration holder shall establish the provenance of WEEE deposited (e.g. deposited on behalf of an collective compliance scheme approved for the management of WEEE, a self complying producer of electrical and electrical equipment, a business end user etc.).
(3) The registration holder shall forward details of the source of household WEEE deposited at a waste facility on behalf of a person (other than a collective compliance scheme approved for the management of WEEE or a self complying producer of electrical and electrical equipment or a householder depositing a quantity of household WEEE similar to that arising in a single household), together with details of the person depositing the WEEE to the local authorities in the functional area or areas where the—
(a) waste facility is located,
(b) person depositing the WEEE has his or her place of business and if not a business his or her place of residence, and
(c) source of the household WEEE concerned has his or her place of business and if not a business his or her place of residence.
PART III ADDITIONAL RULES FOR FACILITIES ACCEPTING WASTE, RETURNED OR RECOVERED REFRIGERANT GASES IN REFRIGERANT CONTAINERS OR WASTE, RETURNED, OR RECOVERED HALONS IN HALON CONTAINERS OR WASTE, RETURNED OR RECOVERED FLUORINATED GREENHOUSE GASES IN FLUORINATED GREENHOUSE GAS CONTAINERS
(1) In the case of the temporary storage of waste, returned or recovered refrigerant gases in refrigerant containers or waste, returned or recovered halons in halon containers or waste returned or recovered Fluorinated Greenhouse Gases in Fluorinated Greenhouse Gas Containers the operator shall take all necessary measures to ensure that the handling and controlled storage of the containers is carried out in a manner that shall prevent the leakage or venting of the gases to the atmosphere.
(2) In the case of temporary storage at the facility:
(a) each container should be consigned for onward transport to an authorised facility for appropriate recycling, reclamation or disposal in accordance with the relevant legislative requirements for the specific gas type,
(b) there should be no mixing of refrigerant gases or the transfer of individual types of refrigerant gas from one cylinder to another to facilitate bulking for onward transportation,
(c) there should be no mixing of halons or the transfer of halons from one cylinder to another to facilitate bulking for onward transportation,
(d) there should be no mixing of fluorinated greenhouse gases or the transfer of fluorinated greenhouse gases from one cylinder to another to facilitate bulking for onward transportation.
PART IV ADDITIONAL RULES FOR COMPOSTING FACILITIES
The registration holder shall comply with all requirements of—
(1) the Animal By-products Regulation (EC) No. 1774/2002 of 3 October 2002,
(2) Diseases of Animals Act, 1966 (Prohibition on the Use of Swill) Order 2001 ( S.I. No. 597 of 2001 ),
(3) Diseases of Animals Act, 1966 (Transmissible Spongiform Encephalopathies) (Meat and Bone Meal and Poultry Offal) Order 2002 ( S.I. No. 551 of 2002 ),
(4) Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1998 ( S.I. No. 148 of 1998 ), as amended by Waste Management (Sewage Sludge in Agriculture) (Amendment) Regulations 2001 ( S.I. No. 267 of 2001 ,
(5) European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2006 ( S.I. No. 612 of 2006 ), and
(6) Diseases of Animals Act 2006 (Transmissible Spongiform Encephalopathies)(Fertilisers & Soil Improvers) Order 2006 ( S.I. No. 615 of 2006 ),
subject to any amendment that may be made to those regulations from time to time.
PART V ADDITIONAL RULES FOR SPREADING OF ORGANIC WASTE ON LAND
(1) The spreading of organic waste on land shall be confined to the application of compost derived from source segregated municipal waste, spent mushroom compost and sewage sludge used for non-agricultural purposes
(2) The registration holder shall comply with all requirements of—
(a) the Animal By-products Regulation (EC) No. 1774/2002 of 3 October 2002, and
(b) Diseases of Animals Act, 1966 (Prohibition on the Use of Swill) Order 2001 ( S.I. No. 597 of 2001 ),
(c) Diseases of Animals Act, 1966 (Transmissible Spongiform Encephalopathies) (Meat and Bone Meal and Poultry Offal) Order 2002 ( S.I. No. 551 of 2002 ),
(d) European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2006 ( S.I. No. 612 of 2006 ), and
(e) Diseases of Animals Act 2006 (Transmissible Spongiform Encephalopathies)(Fertilisers & Soil Improvers) Order 2006 ( S.I. No. 615 of 2006 )
subject to any amendment that may be made to those regulations from time to time.
PART VI ADDITIONAL RULES FOR STORAGE OF IMMOBILISED VEHICLES
In circumstances where the condition of an immobilised vehicle is considered to represent a threat to the environment, the registration holder shall comply with the storage requirements set out within the second schedule of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ), subject to any amendment that may be made to those regulations from time to time.
FIFTH SCHEDULE. FEES
Category of Application
Type of Application
Fee Payable
(1)
(2)
(3)
1.
Application for a waste facility permit in accordance with article 9
Classes 5, 6 and 7 €2,000 All other Activities €1,000
2.
Application for the review of a waste facility permit in accordance with article 30
50% of the fees applicable to an application for a waste facility permit, or €100 for minor changes not requiring a full review.
3.
Application for a certificate of registration in accordance with article 37
Classes 5, 6, 7 and 10 €600 All other Activities €300
4.
Application for the review of a certificate of registration in accordance with article 38
50% of the fees applicable to an application for a certificate of registration, or €100 for minor changes not requiring a full review.
5.
Application for the transfer of a waste facility permit in accordance with article 27
25% of the fees applicable to an application for a waste facility permit
6.
Application for the transfer of a certificate of registration in accordance with article 38
25% of the fees applicable to an application for a certificate of registration
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GIVEN the Official Seal of the Minister for the Environment, Heritage and Local Government,
17 December 2007
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 amend and replace the Waste Management (Permit) Regulations 1998 and set out procedures for the making of permit and registration applications, public consultation, consideration by local authorities of submissions in relation to permit or registration applications, and the grant, refusal and review of facility permits and registration by local authorities.
1 O.J. No. L 194/23, 25 July 1975
2 O.J. No. L 42/43, 12 February 1987
3 O.J. No. L 194/39, 25 July 1975
4 O.J. No. L 78/32, 26 March 1991
5 O.J. No. L114/9 of 27 April 2006
6 O.J. No. L 64/52, 4 March 2006
7 O.J. No. L272/19, 27 December 2006
8 O.J. No. L 20/43, 26 January 1980
9 O.J. No. L 85/40, 28 March 1987
10 O.J. No. L 375/1, 31 December 1991
11 O.J. No. L 377/20, 31 December 1991
12 O.J. No. L 327/1, 22 December 2000
13 O.J. No. L 269/34 21 October 2000
14 O.J. No. L 37/24, 13 February 2003
15 O.J. No. L345/106, 31 December 2003
16 O.J. No. L365/10, 31 December 1994
17 O.J. No. L47/26, 18 February 2004
18 O.J. No. L273/1, 10 October 2002
19 O.J. No. L117/1, 13 May 2003
20 O.J. No. L244/1, 29 September 2000
21 O.J. No. L244/25, 29 September 2000
22 O.J. No. L244/26, 29 September 2000
23 O.J. No. L265/1, 16 October 2003
24 O.J. No. L359/28, 4 December 2004
25 O.J. No. L6/27, 11 January 2006
26 O.J. No. L337/3, 5 December 2006
27 O.J. No. L161/1, 14 June 2006
28 O.J. No. L182/1, 16 July 1999
29 O.J. No. L078/38, 26 March 1991
30 O.J. No. L264/51, 23 October 1993
31 O.J. No. L1/1, 5 January 1999
32 O.J. No. L 266/49, 26 September 2006
33 O.J. No. L332/1, 9 December 2002
34 O.J. No. L229/5, 29 June 2004
35 O.J No. L55/1, 23 January 2007
36 O.J. No. L217/1, 8 August 2006
37 O.J. No. L103/1, 25 April 1979
38 O.J. No. L206/7, 22 July 1992
39 O.J. No. L272/19, 27 December 2006
40 S.I. No.94 of 1997
41 O.J. L47/9, 16 February 2001
42 S.I. No. 165 of 1998
43 O.J. No. L337/3, 5 December 2006
44 S.I. No. 165 of 1998
45 S.I. No. 10 of 1996
46 S.I. No. 36 of 2001
47 S.I. No. 27 of 2003
48 S.I. No. 290 of 2005
49 S.I. No. 62 of 2007
50 S.I. No. 395 of 2004
51 S.I. No. 30 of 2000
52 S.I. No. 402 of 2006
53 S.I. No. 183 of 1997
54 Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances, O.J. No. L 20/43, 26 January 1980.
55 Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration, O.J. No. L 372/19, 27 December 2006.
56 Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986, O.J. No. L 194/23, 25 July 1975, and O.J. No. L 42/43, 12 February 1987.
57 S.I. No. 390 of 1979
58 S.I. No. 33 of 1982
59 S.I. No. 399 of 1992
60 S.I. No. 121 of 1994
61 S.I. No. 147 of 1998
62 S.I. No. 164 of 1998
63 S.I. No. 1 of 1977
64 S.I. No. 21 of 1990
65 S.I. No. 14 of 1959
66 S.I. No. 6 of 1987
67 S.I. No. 12 of 1997 and No. 27 of 2003
68 S.I. No. 282 of 2006
69 S.I. No. 262 of 1994
S.I. No. 86/2008 –
Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008
WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) (AMENDMENT) REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 8th April, 2008.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 15, 18, 19, 32, 39 and 53E of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—
1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008.
2. The Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. 821 of 2007) are hereby amended by:—
(a) The substitution of the following article for article 2—
“2. These Regulations shall come into operation on 01 June 2008.”;
(b) The insertion in paragraph (a) of sub-article 6(3) after “from time to time,” of “or”;
(c) The insertion in sub-article 10(1) after “An application for a waste facility permit” of “or a certificate of registration, as the case may be,”;
(d) The substitution of the following sub-paragraph for sub-paragraph (ii) of paragraph 10(1)(l)—
“(ii) Part I or Part II, as the case may be, of the third schedule of these Regulations, and in the case of two or more activities identify the principal activity,”;
(e) The substitution of the following sub-article for sub article 10(2)—
“(2) The information to be provided under paragraphs (dd) and (ee) of sub-article (1) shall
(a) in a case where the applicant is a body corporate, include such information in relation to the applicant and to—
(i) each director, manager, company secretary or other similar officer of that body corporate, and
(ii) each body corporate in relation to which a director, manager, company secretary or other similar officer of the applicant body corporate is, or was, at any time during the period of 10 years prior to the making of the application, a director, manager, company secretary or other similar officer.
(b) in a case where the applicant is a person or a partnership, include such information in relation to the applicant and each body corporate in which the person or any partner, as the case may be, is, or was, at any time during the period of 10 years prior to the making of the application, a director, manager, company secretary or other similar officer.”;
(f) The substitution of the following paragraph (a) for paragraph (a) of sub-article 11(5)—
“(a) an activity the subject of a waste facility permit which has been determined by the Agency to now require a waste licence in accordance with the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 180 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, or the permit is reviewed under article 35, or”;
(g) The substitution of the following paragraph (b) for paragraph (b) of sub-article 11(5)—
“(b) an activity the subject of a certificate of registration which has been determined by the Agency to now require a waste licence in accordance with the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 180 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, or until the certificate of registration has been reviewed under article 38, or”;
(h) The substitution of the following paragraph (c) for paragraph (c) of sub-article 11(5)—
“(c) an activity the subject of a certificate of registration which has been determined by the Agency to now require a waste facility permit, shall remain valid if an application for a waste facility permit is made to the local authority within 60 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste facility permit under article 18 of these Regulations, or the certificate of registration has been reviewed under article 38, or”;
(i) The substitution of the following sub-article for sub-article 12(2)—
“(2) Within a period of 10 working days following receipt of an application for a waste facility permit, a local authority shall—
(i) decide whether the requirements of article 7, sub-articles 8(1), 8(2), 8(3) and article10 have been complied with, and
(ii) comply with the relevant requirements of article 41.”;
(j) The substitution of the following sub-article for sub-article 12(8)—
“(8) The local authority shall not serve a notice under sub-article 7 any later than 5 working days after the making of its decision in accordance with sub-article (2).”;
(k) The substitution of the following sub-article for sub-article 12(11)—
“(11) Where a local authority considers, in accordance with sub-article (2), that the requirements of article 7, sub articles 8(1), 8(2), 8(3) and article 10 have been complied with in respect of an application, it shall, within 5 working days of making its decision,
(a) send to the applicant an acknowledgement of receipt of a valid application,
(b) notify the Agency that a valid application has been received,
(c) notify the Minister for Agriculture and Food, where the application is made for a waste facility permit which is concerned with the composting of animal by-products within the meaning of Regulation (EC) No. 1774/2002, and such notice shall be accompanied by a copy of the said application,
(d) in the case of an application which is concerned with the development or improvement of land, where the—
(i) applicant states in article 10(1) that the facility is located in, on or adjacent to, or impinges upon a European site, or
(ii) local authority considers, in its reasonable opinion, that the facility has the potential to impinge upon a European site,
the local authority shall notify the Minister for the Environment, Heritage and Local Government that the application has been made and such notice shall be accompanied by a copy of the said application.”;
(l) The substitution of the following sub-article for sub-article 14(3)—
“(3) The documents and information specified at sub-article (2) shall be made available for public inspection during office hours at the principal office of the local authority from as soon as may be after making a decision under article 12 that the application is valid.”;
(m) The insertion after paragraph (e) of sub-article 18(4) of the following—
“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”;
(n) The substitution of the following paragraph for paragraph (d) of sub-article 22(d)—
“(d) an offence under article 9 of the Waste Management (Transfrontier Shipment of Waste) Regulations 2007 1 ,”;
(o) The substitution of the following paragraph for paragraph (a) of sub-article 24(1)—
“(a) by notice in writing, or in such a manner as may be specified by the Agency, inform the Agency in accordance with article 18(5), within 10 working days, of any waste facility permit or certificate of registration granted by the authority, and”;
(p) The insertion after sub-article 24 (2) of the following—
“(3) A waste facility permit or certificate of registration holder shall furnish such information to the Agency in relation to waste collected, accepted, sorted, transferred, recycled, recovered, disposed of, brokered, or otherwise managed or treated within a specified period, in such form and at such frequency as may be specified by the Agency.”;
(q) The substitution of the following paragraph for paragraph (c) of sub-article 29(2)—
“(c) waste facility permit is revoked under article 36, or”;
(r) The substitution of the following paragraph for paragraph (d) of sub-article 29(2)—
“(d) waste facility permit is refused under articles 18 or 35.”;
(s) The substitution of the following sub-article for sub-article 29(5)—
“(5) On surrender of the waste facilty permit notwithstanding the provisions of this article, the local authority may decide that any bond or financial security required under article 19(1)—
(a) shall be maintained in place for such period as the authority may require, or
(b) may be released to the permit holder.”;
(t) The substitution of the following sub-article for sub-article 31(1)—
“(1) A waste facility permit holder may, at any time, submit an application to a local authority to review a waste facility permit but in any event, in accordance with the provisions of article 35(8), no later than 60 working days before the date of expiry of an existing waste facility permit if it is to remain in force until such time as a reviewed waste facility permit is granted or refused under article 35 or, as the case may be, a new waste facility permit is granted under article 18, or the existing permit is revoked under article 36.”;
(u) The insertion after paragraph (d) of sub-article 35(6) of the following—
“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”;
(v) The substitution of the following sub-article for sub-article 35(8)—
“(8) Where an application is not made for the review of an existing waste facility permit—
(a) at least 60 working days before the expiry date of the permit, or
(b) in the case of notification by the local authority under article 32 (3) that an application for a waste facility permit is required in accordance with articles 6, 7, 8 and 10, at least 60 working days from the date of issue of this notification,
the existing waste facility permit shall cease to have effect after the expiry date and the person shall not engage in waste-related activities at the facility until such time as a waste permit is granted in accordance with article 18 or, as the case may be, a reviewed waste facility permit is granted in accordance with article 35.”;
(w) The substitution of the following paragraph for paragraph (c) of sub-article 36(1)—
“(c) activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007, the Waste Management (Movement of Hazardous Waste) Regulations 1998, or the Waste Management (Transfrontier Shipment of Waste) Regulations 2007, or”;
(x) The substitution of the following sub-article for sub-article 37(7)—
“(7) Within a period of 10 working days following receipt of an application for a certificate of registration, a local authority or, as the case may be, the Agency shall—
(a) decide whether the requirements of sub-article (5) have been complied with, and
(b) comply with the relevant requirements of article 41.”;
(y) The substitution of the following sub-article for sub-article 37(10)—
“(10) A local authority or, as the case may be, the Agency, shall decide on an application for a certificate of registration as expeditiously as possible and, in any event, grant, or refuse to grant, a certificate of registration within—
(a) 25 working days, or
(b) in the case of WEEE, the period specified in article 39(5)(f) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 subject to any amendment that may be made to those regulations from time to time,
from the date of determination of a valid application form in accordance with this article.”;
(z) The insertion after paragraph (d) of sub-article 37(12) of the following—
“A local authority or, as the case may be, the Agency, may if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”;
(aa) The substitution of the following paragraph for paragraph (c) of sub-article 38(7)—
“(c) the activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007, the Waste Management (Movement of Hazardous Waste) Regulations 1998, or the Waste Management (Transfrontier Shipment of Waste) Regulations 2007,”;
(bb) The substitution of the following paragraph for paragraph (a) of sub-article 41(1)—
“(a) in relation to each activity in respect of which a waste facility permit is granted, reviewed, revoked, transferred or surrendered, such relevant information as provided under the requirements of article 10(1),”.
(cc) The substitution of the following paragraph for paragraph (8) of the Fourth Schedule—
“(8) The registration holder shall take all necessary measures relating to prevention of unauthorised waste activities and the establishment of controls on entry to the facility, including the rejection of all waste arriving at the facility where the vehicle does not possess the requisite authorisation to permit the collection and transportation of waste in accordance with Section 34 of the Act, the Waste Management (Collection Permit) Regulations, 2007 and Waste Management (Collection Permit) (Amendment) Regulations, 2008.”.
3. The Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. 821 of 2007) are hereby amended by the substitution for the Third Schedule thereto of the Schedule of these Regulations.
Article 6.
THIRD SCHEDULE
PART I CLASSES OF ACTIVITY SUBJECT TO WASTE FACILITY PERMIT APPLICATION TO A LOCAL AUTHORITY
The carrying on by a person (other than a local authority) at a facility (other than a facility located in whole or in part in an area which is not within the functional area of a local authority) of any of the following activities, provided that—
(a) the activity is not an activity which is carried on adjacent to, a facility at which a licensable activity is being carried on by the same legal entity, and
(b) In the cases of Class 5 and Class 6 the upper limits on the amount of waste, which may be accepted, shall relate to
(i) the total quantity of waste which has been received and is proposed to be accepted at the facility at any time, or
(ii) in the case of an activity which is carried on in, on or adjacent to, a facility at which a waste-related activity is being carried on which is the subject of a waste facility permit or certificate of registration, the total quantity of waste which has been received at both the facility itself and all such facilities at any time.
CLASS No.
DESCRIPTION
1.
The reception and temporary storage, pending collection, other than by a local authority, where not otherwise regulated by a waste licence or certificate of registration, or exempted in accordance with the provisions of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 of—
(1) household hazardous waste (other than WEEE and mercury containing waste or used batteries and accumulators) at a civic amenity facility, recycling centre or central collection point where annual intake shall not exceed—
(i) in the case of liquid waste, 100,000 litres,
(ii) in the case of non-liquid waste, 100 tonnes.
(2) WEEE at any premises
for the purpose of onward transport and submission to recovery at an authorised facility.
2.
The Reception, storage (including temporary storage) and recovery of waste vehicles (other than end-of-life vehicles) having regard to the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ).
3.
The reception, treatment and recovery of WEEE (including removal of all fluids and dismantling or disassembly or removal of WEEE substances, preparations and components prior to treatment) in accordance with the provisions of articles 20 and 21 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations ( S.I. No. 340 of 2005 ). Annual intake shall not exceed 10,000 tonnes per annum.
4.
The reception, storage and recovery of scrap metal, including scrap metal arising from end-of-life vehicles, waste vehicles (other than end-of-life vehicles) and WEEE where scrap metal from—
(1) end-of-life vehicles shall be subject to appropriate treatment and recovery in accordance with the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) prior to acceptance at the scrap metal facility, and as appropriate,
(2) waste vehicles (other than end-of-life vehicles) shall be subject to appropriate treatment and recovery having regard to the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) prior to acceptance at the scrap metal facility, and as appropriate,
(3) WEEE shall be subject to appropriate treatment and recovery in accordance with the provisions of articles 20, 21 and 22 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) prior to acceptance at the scrap metal facility.
5.
Recovery of excavation or dredge spoil, comprising natural materials of clay, silt, sand, gravel or stone and which comes within the meaning of inert waste, through deposition for the purposes of the improvement or development of land, where the total quantity of waste recovered at the facility is less than 100,000 tonnes.
6.
Recovery of inert waste (other than excavations or dredgings comprising natural materials of clay, silt, sand, gravel or stone) through deposition for the purposes of the improvement or development of land, where the total quantity of waste recovered at the facility is less than 50,000 tonnes.
7.
Recovery of inert waste arising from construction and demolition activity, including concrete, bricks, tiles, or other such similar material, at a facility (excluding land improvement or development) where—
(a) the annual intake shall not exceed 50,000 tonnes, and
(b) the maximum quantity of residual waste consigned from the facility for collection, onward transport and submission to disposal at an authorised facility shall not exceed 15% of the annual intake.
8.
The reception, storage and biological treatment of biowaste at a facility where—
(a) the maximum amount of compost, biowaste and digestate held at the facility does not exceed 6,000 cubic metres at any time, and
(b) the annual intake shall not exceed 10,000 tonnes.
9.
The reception, temporary storage and recovery of used batteries and accumulators where—
(a) from 26 September 2008, the treatment and recycling of used batteries and accumulators meets the requirements of article 12 of Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and
(b) the annual intake shall not exceed 1,000 tonnes.
10.
The recovery of waste (not mentioned elsewhere in this part of the third schedule), other than hazardous waste or an activity specified in Category 5 of Annex I of Council Directive 96/61/EC, where—
(a) the annual intake does not exceed 50,000 tonnes, and
(b) the maximum quantity of residual waste consigned from the facility for onward transport and submission to disposal at an authorised facility shall not exceed 15% of the annual intake.
11.
The reception, storage and transfer of waste (other than hazardous waste) for disposal at a facility (other than a landfill facility) where the annual intake does not exceed 7,500 tonnes.
12.
The collection and storage (including the temporary storage) and the appropriate treatment and recovery of end-of-life vehicles in accordance with the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ).
Note: Where the waste-related activities being undertaken within a facility encompass a number of the classes as set out within Part I of the third schedule, the quantity of waste concerned shall be taken as meaning the total quantity of waste accepted at the facility taking account of inputs relating to all classes of activity and compared to the threshold of the principal class.
Article 6.
THIRD SCHEDULE
PART II CLASSES OF ACTIVITY SUBJECT TO REGISTRATION WITH LOCAL AUTHORITY OR THE AGENCY
The carrying on by a person at a facility of any of the following activities, provided that—
(1) the activity is not an activity which is carried on adjacent to, a facility at which a licensable activity is being carried on by the same legal entity, and
(2) In the cases of Class 5 and Class 6, the upper limits on the amount of waste, which may be accepted, shall relate to—
(a) the total quantity of waste which has been received and is proposed to be accepted at the facility at any time, or
(b) in the case of an activity which is carried on in, on or adjacent to, a facility at which a waste-related activity is being carried on which is the subject of a waste facility permit or certificate of registration, the total quantity of waste which has been received at both the facility itself and all such facilities at any time.
CLASS No.
DESCRIPTION
1.
The storage, pending collection, of household hazardous waste (other than WEEE) at a civic amenity facility, recycling centre or central collection point, where not otherwise regulated by a waste licence or waste facility permit for the purpose of onward transport and submission to recovery at an authorised facility where—
(a) annual intake shall not exceed—
(i) in the case of liquid waste, 25,000 litres
(ii) in the case of non-liquid waste, 25 tonnes, and
(b) the maximum period of storage of waste does not exceed 30 days.
2.
The reception and temporary storage of waste (other than WEEE) deposited by members of the public at a central collection point (including a temporary central collection point) when such activity is undertaken by, on behalf of, or with the approval of the local authority, where the maximum amount of waste stored at any time does not exceed 1,000 tonnes.
3.
The reception and interim storage of crashed or immobilised vehicles, other than end-of-life-vehicles, pending decisions by the registered owners of these vehicles, or as appropriate, by an authorised person of a local authority, or a member of An Garda Síochána on whether the vehicles are to be classed as end-of–life vehicles. The number of vehicles stored at any one time shall not exceed 6 at any one location and at any one time.
4.
Reception and temporary storage, for a period not exceeding 30 days, pending collection for recovery of—
(a) less than 1000 kilograms of used batteries and accumulators other than waste specified in paragraph (b), or
(b) less than 10 tonnes of used automotive batteries and accumulators, or used industrial batteries and accumulators, or
(c) less than 1 tonne of discarded equipment containing chlorofluorocarbons (other than WEEE), or
(d) less than
(i) 540 cubic metres of household WEEE, other than waste specified in sub-paragraphs (ii) and (iii),
(ii) 12,000 units of WEEE categories in accordance with Category 5 of the first schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations, 2005 ( S.I. No. 340 of 2005 ) or, as appropriate
(iii) 300 kilograms of mobile phones,
for the purpose of onward transport to an authorised treatment facility of WEEE when undertaken in accordance with the requirements of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005.
5.
Recovery of excavation or dredge spoil, comprising natural materials of clay, silt, sand, gravel or stone and which comes within the meaning of inert waste, through deposition for the purposes of the improvement or development of land and the total quantity of waste recovered at the site shall not exceed 25,000 tonnes.
6.
Recovery of inert waste (other than excavations or dredgings comprising natural materials of clay, silt, sand, gravel or stone), for the purpose of the improvement or development of land and the total quantity of waste recovered at the site shall not exceed 10,000 tonnes.
7.
Recovery of inert waste arising from construction and demolition activity, including concrete, bricks, tiles, or other such similar material, at a facility (excluding the improvement or development of land) where—
(a) the annual intake shall not exceed 10,000 tonnes, and
(b) the maximum quantity of residual waste consigned from the facility for submission to disposal at an authorised facility shall not exceed 15% of the annual intake.
8
This is a spare class.
9
The storage at the place of extraction, for an indefinite length of time to await possible use for site restoration of waste material arising from quarrying or excavation where —
(a) conditions on waste management have not been imposed under section 261 of the Planning and Development Act 2000 (No. 30 of 2000), and
(b) such material is in a chemically unaltered state.
10.
The reception, storage and transfer of waste by a local authority, not mentioned elsewhere in this schedule, where the annual intake does not exceed 10,000 tonnes, and—
(a) the maximum amount of waste dispatched from the facility for onward transport and disposal does not exceed 1,500 tonnes per annum, and
(b) a period of storage of waste for disposal does not exceed 30 days.
11.
The reception, storage and biological treatment of biowaste by a local authority, not mentioned elsewhere in this schedule, where —
(a) the annual intake does not exceed 5,000 tonnes, and
(b) the maximum amount of biowaste, compost and digestate held at a composting facility does not exceed 2,000 tonnes at any time.
12.
The storage and biological treatment on the premises where it is produced, of biowaste, where—
(a) the amount stored and treated does not exceed 50 tonnes per annum, and
(b) the maximum amount of biowaste, compost and digestate held at the facility at any time does not exceed 20 tonnes.
13
Recovery of organic waste, other than manure and sludge when used in agriculture for the purposes of benefit to agriculture (including energy crops), silviculture or ecological improvement, where the total quantity of organic waste recovered at the facility shall not exceed 1,000 tonnes per annum.
14.
The reception and temporary storage of—
(a) waste, returned or recovered refrigerant gases in refrigerant containers, or
(b) waste, returned or recovered halons in halon containers, or
(c) waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers,
pending collection or onward transport prior to submission to recycling, reclamation or destruction in accordance with the relevant legislative requirements for the specific type of refrigerant gas, halon or fluorinated greenhouse gas, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000 and Regulation (EC) No. 842/2006, and where the total quantity stored at any one time on a premises does not exceed 18 tonnes.
Note: Where the waste-related activities being undertaken within a facility encompass a number of the classes as set out within part II of the third schedule, the quantity of waste concerned shall be taken as meaning the total quantity of waste accepted at the facility taking account of inputs relating to all classes of activity and compared to the threshold of the principal class.
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GIVEN the Official Seal of the Minister for the Environment,Heritage and Local Government,
31 March 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 amend the Waste Management (Facility Permit and Registration) Regulations 2007 to correct certain typographical errors and omissions. These Regulations also replace the Third Schedule of those Regulations (specifying the classes of activity which are subject to a Waste Facility Permit application to a Local Authority or subject to Registration with a Local Authority or the Agency).
1 S.I. No. 419 of 2007
S.I. No. 320/2014 –
Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014.
“Iris Oifigiúil” of 11th July, 2014.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 , 18 , 32 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:
1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014.
2. In these Regulations “purchased” in relation to waste material means acquiring waste material in the course of business in exchange for any consideration, including money, or in exchange for a prize, or otherwise in exchange for a gift.
3. The Waste Management (Facility Permit and Registration) Regulations 2007 (No. 821 of 2007) are amended:-
(a) In article 19, by inserting the following after sub-article (1)(h):
“(i) conditions aimed at ensuring full traceability of any waste purchased in order to ensure full compliance with the provisions of the Act and to protect the environment and human health. Such conditions shall include:
(i) the production of proof of identity of the person supplying the material, such proof being,
(a) a valid passport, or
(b) a current Irish driving licence, or learner driver permit, or,
(c) a Public Services Card issued by the Department of Social Protection.
(ii) the production of proof of current address of the person supplying the material, such proof being,
(a) a current utility bill addressed to that person at their stated address, or,
(b) a document issued by a Government Department addressed to that person at their stated address within the previous three months,
(c) a current car or home insurance policy addressed to that person at their stated address, or,
(d) a current Tax Credit Certificate or Tax Clearance Certificate issued by the Office of the Revenue Commissioners to that person at their stated address,
(iii) records to be kept of the name, identity, registration number and where appropriate, waste collection permit number of the delivery vehicle,
(iv) description and weight of the materials, time and date of sale, and amount paid which shall be recorded,
(v) a signed statement by the person supplying the material that they are the lawful owner of the material or have the consent of the lawful owner to sell the material.”
(b) in article 36, by inserting the following after sub-paragraph 1(e):
“(f) waste facility permit holder, or other relevant person, is in breach of conditions relating to traceability as set out in article 19(1)(i).”
(c) in article 38,by inserting the following after sub-paragraph 7(e):
“(f) there is reason to believe that the waste facility permit holder, or other relevant person, is in breach of conditions relating to traceability as set out in article 19(1)(i).”
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GIVEN under my Official Seal,
7 July 2014.
PHIL HOGAN,
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 amend the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No 821 of 2007 ) by strengthening conditions in relation to traceability of material being recovered or recycled by,in particular, putting an onus on proof of ownership and full traceability for material purchased at permitted waste facilities.
S.I. No. 546/2014 –
Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014.
“Iris Oifigiúil” of 2nd December, 2014.
The Minister for the Environment, Community and Local Government, in exercise of the powers conferred on him by sections 7 and 39 of the Waste Management Act 1996 , hereby makes the following regulations:
Citation and commencement.
1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014.
Revocations and transitional arrangements.
2. The Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. 821 of 2007) are hereby amended by inserting after Regulation 3(6) the following paragraph:
“3. (7) A waste facility permit granted under these Regulations in respect of an activity which falls within Part I of the Third Schedule of these Regulations that is valid on 25 November, 2014 and which requires a licence by 7 July, 2015 in accordance with Part IV of the Environmental Protection Agency Act 1992 (Number 7 of 1992), shall lapse on 7 July, 2015 unless an application for a licence is made to the Agency prior to 27 February, 2015 and where such an application is made prior to 27 February, 2015, shall lapse once a decision is taken to grant or to refuse a licence under Part IV of the Environmental Protection Agency Act 1992 .”
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
25 November 2014.
ALAN KELLY,
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 amend SI 821 of 2007 in order to provide transitional arrangements for the implementation of the European Union (Industrial Emissions) Regulations 2013 which provide that certain waste activities require a licence under Part IV of the Environmental Protection Agency Act 1992 rather than a waste facility permit.
S.I. No. 198/2015 –
Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015.
“Iris Oifigiúil” of 19th May, 2015.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 , 18 , 32 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015.
Amendment to the Waste Management (Facility Permit and Registration) Regulations 2007
2. The Waste Management (Facility Permit and Registration) Regulations 2007 (No. 821 of 2007) are amended:-
(a) In Article 38(3)(b) by the insertion of “under article 37(15)” after “the local authority or, as the case may be, the Agency shall not to decide to amend conditions attached”;
(b) By inserting the following two articles after article 39—
“Amendments to a certificate of registration of a clerical or technical nature.
39A(1) Notwithstanding the requirements pursuant to article 38 or of any other provision concerning the recovery and disposal of waste, a local authority, or the Agency as the case may be, may supplement the rules applicable to an existing certificate of registration under the fourth schedule to the Regulations for the purposes of—
(a) correcting any clerical error therein,
(b) facilitating the doing of anything pursuant to a rule applicable to the certificate of registration where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the rules in respect of the registered activity as set out in the fourth schedule taken as a whole but which was not expressly provided for in the rules,
(c) updating the rules applicable to an existing certificate of registration to take account of scientific or technological progress,
(d) facilitating the application of new, or the amending of existing rules to an existing certificate of registration which are necessary for the operation of the facility in accordance with new or revised requirements, through the incorporation of any new requirements in the fourth schedule to these Regulations as may be amended from time to time to facilitate compliance by the registration holder with any minimum technical requirements that may be established, amended or deemed necessary by the local authority or, as the case may be, the Agency as a result of—
(i) a change in legislation, or
(ii) the introduction of new, or amendments to existing, Community acts, or
(e) otherwise facilitating the operation of the certificate of registration.
(2) The local authority or the Agency shall ensure that the making of any amendment under sub-article (1) does not result in the relevant requirements of article 37(12) ceasing to be satisfied.
(3) The local authority or the Agency shall, where appropriate, consult with the registration holder before exercising its powers under sub-article (1).
(4) The local authority or the Agency shall, as soon as may be after the exercise of the power under sub-article (1), notify particulars of the amendment effected by that exercise to—
(a) the registration holder,
(b) the Agency or the local authority, as appropriate,
(c) the Minister for Agriculture and Food, as appropriate, in the case where the Certificate of Registration is concerned with the treatment of animal by-products within the meaning of Regulation (EC) No. 1069/2009, and
(d) the Minister for the Arts, Heritage and the Gaeltacht, as appropriate, in the case where the Certificate of Registration is concerned with the development or improvement of land which has the potential to impinge upon a European site.
Notice of amendment to a certificate of registration of a clerical or technical nature
39B.(1) Where a local authority or, as the case may be, the Agency decides, pursuant to article 39A, to modify an existing Certificate of Registration through amendments of a clerical or technical nature, it shall give notice in writing of such intention to the registration holder.
(2) A notice given under sub-article (1) in relation to the intention to amend the rules applicable to the existing Certificate of Registration shall—
(a) inform the registration holder of the decision of the local authority or, as the case may be, the Agency to amend the rules applicable to the existing Certificate of Registration under Article 39A,
(b) state that-
(i) an application for the review of the Certificate of Registration is not required, and
(ii) the current expiry date of the Certificate of Registration shall remain the same following the amendment of the rules,
(c) where appropriate, include a copy of-
(i) any supplementary rules that are being applied to the existing Certificate of Registration as a result of a clerical or technical amendment being made pursuant to sub-articles 39A (1)(a), (b), (c) or (e),
(ii) the revised rules applicable to the activity as a result of an amendment to the fourth schedule, pursuant to sub-article 39A(1)(d).”
(c) By inserting the following Part after Part VI of the fourth schedule to the Regulations-
“PART VII
ADDITIONAL RULES FOR PAY TO USE COMPACTOR UNITS ACCEPTING HOUSEHOLD WASTE
In this Part,
“household waste” means that fraction of household waste brought from a household premises by a householder for consignment to a pay to use compactor as appropriate and excludes waste water, construction and demolition waste and bulky waste more suitable for collection in a skip or other such receptacle (which includes but is not limited to heavy waste materials such as furniture, carpets and rubble), as well as household hazardous waste and other streams of household waste which are required to be collected in another appropriate manner, such as, but not limited to, WEEE and waste batteries and accumulators.
“food waste” includes any food substance used, available to be used, or intended to be used, for food by human persons and discarded as household waste.
The registration holder shall comply with the following requirements in relation to the acceptance of household waste:
(1) Use of the Facility shall be confined to the reception of household waste.
(2) Without prejudice to the power of any local authority to provide for additional policy objectives under a relevant waste management plan, the Facility shall at least, subject to rule (4), provide separate receptacles for the acceptance of segregated fractions of recyclable material and non-recyclable material.
(3) Without prejudice to the power of any local authority to provide for additional policy objectives under a relevant waste management plan, the facility must also provide a separate receptacle for the acceptance of segregated food waste in accordance with the time schedule prescribed for population agglomerations as set out in the European Union (Household Food Waste and Bio-Waste) Regulations, 2015:
(a) from 1 July, 2015 where the facility is situated in a population agglomeration of more than 1,500 persons; and
(b) from 1 July, 2016 where the facility is situated in a population agglomeration of more than 500 persons,,
(4) The facility shall be equipped to weigh each and every individual deposit of the various segregated fractions of household waste accepted at the facility waste separately on and after 1 July, 2015 and report, in writing, this weight to the person or persons who presented the household waste for acceptance.
(5) The Facility shall, in accordance with the requirements of rule (4), use a weighing system to weigh the segregated fractions of household waste which has an EC Type Approval under the Measuring Instruments Directive 2004/22/EC) or a National Type Approval granted prior to the coming into force of the Measuring Instruments Directive (2004/22/EC), in accordance with the Legal Metrology (General) Regulations 2008, to weigh each and every deposit of household waste.
(6) The Facility shall use a weighing system to weigh household waste in accordance with rule (4) of accuracy Class Y (b) or better, where such a weighing system shall have a resolution of 1 kilogramme (kg) or better, in accordance with the Legal Metrology (General) Regulations 2008.
(7) The Facility operator shall prepare a customer charter for household waste in the form set out in the Sixth Schedule to these Regulations, or a form substantially to the like effect, to the satisfaction of the local authority, to facilitate publication on the website of the local authority on 1 July, 2015, and any amendments or updates to the customer charter to be submitted to the local authority without delay to facilitate publication of the revised charter on the website.
(8) The Facility shall provide for the acceptance of at least the recyclable waste materials listed in the Seventh Schedule to these Regulations on or after 1 July, 2015 in the waste recycling receptacles at the facility.”.
(d) By inserting the following Schedules after the Fifth Schedule to the Regulations
“SIXTH SCHEDULE
CUSTOMER CHARTER FOR PAY TO USE COMPACTOR UNITS ACCEPTING HOUSEHOLD WASTE
1. INTRODUCTION (Insert Name) is committed to providing the highest standards in the provision of waste management services to their customers. We have a commitment to providing a service that seeks to incentivise waste prevention and to encourage the segregation of waste so that it can be managed in accordance with the waste hierarchy, whereby waste prevention, preparing for reuse, recycling and other recovery are preferred over the disposal of waste. This approach is in line with current national waste policy in the area — A Resource Opportunity — Waste Management Policy in Ireland. This document is designed to communicate how we intend to provide household waste management services in accordance with these principles to the public in a clear and concise fashion.
2. CUSTOMER SERVICE STANDARDS
(a) We will provide a reliable waste deposit service and process your waste in a professional and environmentally sound manner.
(b) All service provision will be carried out in line with current local and national legislation and in line with sustainable waste management practices.
(c) We will consider any reasonable special requests that individual households may have.
(d) We will explain clearly what our service rules are and the reasons for them.
(e) We will respond to formal complaints we receive about our services in a timely and professional manner.
(f) We will ensure that there are no direct impediments to you switching your waste management service provider should you wish to do so.
(g) We will design our service and accept waste in a way that minimises litter and odour nuisance.
(h) We will offer a “2 receptacle” or “3 receptacle” service to facilitate the segregation of household residual, recyclable and where appropriate, food/bio waste in line with our Certificate of Registration.
3. COMMUNICATION WITH CUSTOMERS
(a) We will explain clearly what services you can expect to receive and will provide details of the waste acceptance services we offer on a county/city basis to the relevant local authority for publishing on their website.
(b) We will provide you with clear and concise billing which will allow you to understand all elements of the costs involved in providing your waste services.
(c) We will keep you informed of changes in our service that are designed to improve our service offering.
(d) At the time of initial service provision under contract, where applicable, each customer will be provided with details of their service provider; full name and address, contact details (website where available, phone number, email, postal address), a clear breakdown of pricing policy for provision of service, process for accessing account statement and balances, procedure for receipt of payments, process for dispute resolution, procedure for customers who have fallen into arrears with their payments, where applicable, and details of the procedure for cancellation of service provision, including refund of charges where applicable. You will also be provided with details of the period of validity for the offer provided and advised of a cooling off period should you wish to change your mind.
(e) In the case of e-Commerce contracts with customers, and in line with reducing paper usage, all communication and documents will be sent by email unless otherwise requested. In the interests of the environment and reducing costs we are committed to increasing communication by this method.
(f) We will alert you at least 30 days in advance of the expiry of your contract, where applicable.
(g) We will produce a version of this Charter which has been approved by the National Adult Literacy Agency.
4. HOUSEHOLDER RESPONSIBILITIES
(a) In line with national policy, prevent, reuse and recycle waste as much as possible. Refer to national and regional campaigns that seek to help reduce waste production. Segregate your waste materials properly and place this waste in their respective receptacles. Please refer to our Waste Segregation and Presentation Guidelines (see section 7 below) which are available on our website or which are available to be sent to you by post, if requested.
(b) Please note the procedure in place should the incorrect waste be placed in a receptacle (e.g. food waste placed in the recycle receptacle):
(Procedure for dealing with contamination of a receptacle through waste being deposited in the incorrect receptacle to be inserted by holder of the Certificate of Registration)
(c) Where applicable, in the event that you have difficulty paying an outstanding bill, please contact us directly as soon as possible as we have a procedure to agree an individual payment plan which deals with how we will manage customers who have difficulty paying their bill.
(d) Contact us, as your waste management service supplier if you have any queries on how best to manage any of your waste materials. We have the expertise to provide the appropriate service or advice on how to best resolve the issue.
5. PRICING, CHARGING MECHANISM AND ACCESS TO ACCOUNT INFORMATION
(a) The range of service and costs for service provision will be clearly communicated to each customer.
(b) New Customers will receive information on charging and pricing structures at the time of sign up, where applicable, i.e. whether over the phone, via website sign-up or via completion of hard copy application form.
(c) Information, including a copy of Terms and Conditions of Business will be provided to Customers as part of new Customer Welcome Packs, where applicable, and will be available on the company’s website and/or your local authority’s website.
(d) Any changes to the Terms and Conditions of the business will be communicated to customers in a timely manner. Payment of invoices following such notifications shall be taken as acceptance of the updated Terms.
(e) Customers will be entitled to easy access to their account information including statements / balances.
6. COMPLAINTS PROCEDURE/DISPUTE RESOLUTION
(a) You are entitled to a fair and reasonable hearing when you have a genuine complaint or dispute and the company commits to resolving your issues as quickly as is reasonably possible. Please find our contact details for complaints:
(Insert contact details)
(b) We will respond to formal complaints we receive about our services in a timely and professional manner. In the case of written complaints, within 10 working days.
(c) Complaints shall be logged on the individual customer account with a tracking facility to ensure the complaint has been resolved and the customer notified of updates or the course of action taken to resolve the issue.
(d) Billing disputes are handled on a case by case basis and recorded. We will liaise with you directly to resolve the matter.
(e) Dispute resolution including withdrawal of service will be in line with the company policy available on the company website or which is sent out by post on request. This will be a fair and equitable process in line with good consumer policies.
7. EDUCATION AND RAISING AWARENESS
(a) We shall implement an education and awareness programme in relation to waste management for householders for which we provide a service. This will be available via promotional literature that we provide directly to you and via our website or through the website of the relevant local authority.
(b) Information packs shall be available to all customers clearly indicating waste types appropriate to each receptacle and how to deposit material for recycling.
(c) We shall work with other national bodies in promoting waste prevention, reduction and recycling e.g. EPA / Repak etc.
(d) We will provide Waste Segregation and Presentation Guidelines to customers, or at a minimum to the relevant local authority for publishing on their website, which clearly explain which materials are to be placed in which receptacle and accept at a minimum the recycling materials set out below and as prescribed in the seventh schedule of the Waste Management (Facility Permit and Registration) Regulations 2007. We will explain to you what happens to materials deposited in the residual, recycle and food waste receptacles.
Paper
Plastic Bottles (PET 1)
Newspapers
Mineral Bottles
Magazines
Water Bottles
Junk mail
Mouthwash bottles
Envelopes
Salad dressing bottles
Paper
Phone books
Plastic Bottles (HDPE2)
Catalogues
Milk Bottles
Tissue boxes
Juice Bottles
Sugar bags
Cosmetic bottles
Calendars
Shampoo bottles
Dairies
Household cleaning bottles
Letters
Laundry detergent bottles
Computer paper
Window Cleaning Bottles
Used Beverage and Juice cartons Milk cartons
Bath room bottles
Egg Boxes
Holiday brochures
Plastic packaging (PP)
Paper Potato bags
Yogurt containers
Margarine tubs
Rigid food packaging- (except black)
Cardboard
Liquid Soap Containers
Food boxes
Fruit containers
Packaging boxes
Cereal boxes
Kitchen Towel tubes
Aluminium cans
Drink cans
Steel cans
Pet food cans
Food cans
Biscuit tins
Soup tins
(Optional — In addition, we will accept the following items in the recycling receptacle:)
8. TERMINATION OF SERVICE / REFUNDS / CHANGING SERVICE PROVIDERS
(a) Should you wish to terminate your service provision, where applicable, please advise us by email or in writing or by phoning giving (number of days to be inserted) days’ notice. Where applicable, any balance owing on your account, after a Cancellation Charge (if applicable) is deducted, will be refunded to you within 30 days of receipt of termination notice.
(b) We will ensure that there are no direct impediments to you switching your service provider.
SEVENTH SCHEDULE
Recyclable Household Waste Materials Accepted by Pay to Use Compactor Units
Paper
Plastic Bottles (PET 1)
Newspapers
Mineral Bottles
Magazines
Water Bottles
Junk mail
Mouthwash bottles
Envelopes
Salad dressing bottles
Paper
Phone books
Plastic Bottles (HDPE2)
Catalogues
Milk Bottles
Tissue boxes
Juice Bottles
Sugar bags
Cosmetic bottles
Calendars
Shampoo bottles
Dairies
Household cleaning bottles
Letters
Laundry detergent bottles
Computer paper
Window Cleaning Bottles
Used Beverage and Juice cartons Milk cartons
Bath room bottles
Egg Boxes
Holiday brochures
Plastic packaging (PP)
Paper Potato bags
Yogurt containers
Margarine tubs
Rigid food packaging- (except black)
Cardboard
Liquid Soap Containers
Food boxes
Fruit containers
Packaging boxes
Cereal boxes
Kitchen Towel tubes
Aluminium cans
Drink cans
Steel cans
Pet food cans
Food cans
Biscuit tins
Soup tins
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
15 May 2015.
ALAN KELLY,
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 amend the Waste Management (Facility Permit and Registration) Regulations 2007 to provide that amendments of a clerical or technical nature may be made to Certificates of Registration and to provide for additional rules for pay to use compactor units accepting household waste.
S.I. No. 250/2019 –
Waste Management (Facility Permit And Registration) (Amendment) Regulations 2019
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:
Citation and commencement
1. (1) These regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2019.
(2) These Regulations shall come into operation three months after the date on which notice of their making is published in Iris Oifigiúl.
Interpretation
2. In these Regulations —
“Regulations of 2007” means the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No.821 of 2007 ) as amended.
Amendments
3. The Regulations of 2007 are amended –
(a) in article 31 by inserting after sub-article (1) the following –
“1 (A) (a) Notwithstanding sub-article (1), a proposal to increase the total quantity of waste recovered at a facility to more than 100,000 tonnes and less than 200,000 tonnes in the case of a Class 5 activity as specified in Part 1 of the Third Schedule warrants an application for a waste facility permit in accordance with articles 7, 8, 9 and 10, as opposed to an application for a review of an existing waste facility permit.
(b) If a local authority receives an application for a review which includes a proposal to increase the total quantity of waste recovered at a facility to more than 100,000 tonnes and less than 200,000 tonnes in the case of a Class 5 activity as specified in Part 1 of the Third Schedule it shall inform the applicant within 15 working days from the date of receipt of such an application for a review –
(i) of a failure to comply with sub-article (1A) and advise that the application is invalid and cannot be considered further by the local authority, and
(ii) that the proposal to increase the total quantity of waste recovered at a facility to more than 100,000 tonnes and less than 200,000 tonnes in the case of a Class 5 activity as specified in Part 1 of the Third Schedule warrants an application for a waste facility permit in accordance with articles 7, 8, 9 and 10.”
and
(b) in the Third Schedule Part 1 by substituting for the matter set out at reference CLASS No. 5 the following –
“
5.
Recovery of excavation or dredge spoil, comprising natural materials of clay, silt, sand, gravel or stone and which comes within the meaning of inert waste, through deposition for the purposes of the improvement or development of land, where the total quantity of waste recovered at the facility is less than 200,000 tonnes.
”.
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GIVEN under my Official Seal,
30 May 2019.
RICHARD BRUTON
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation).
These regulations amend the Waste Management (Facility Permit and Registration) Regulations 2007 (No.821 of 2007) to increase the total maximum quantity of waste which may be recovered at a Class 5 activity facility as specified in Part 1 of the Third Schedule from less than 100,000 tonnes to less than 200,000 tonnes on foot of a successful application for a waste facility permit.