Waste Licensing
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
Transfer of functions from local authorities to Agency, etc.
21.—(1) The Minister may, following consultation with the Agency, where he or she is satisfied that any function conferred on a local authority by this Act could be more effectively performed by the Agency in lieu of being performed by that authority, by regulations provide that the function shall be performed by the Agency with effect from a date specified in the regulations.
(2) Whenever regulations under subsection (1) are in force in relation to a particular function, a reference in this Act to a local authority shall, where appropriate, be construed as a reference to the Agency and the function to which the regulations relate shall be a function of the Agency.
(3) The Minister may, where he or she is satisfied that any function conferred on a local authority by this Act could, as respects the functional area of the corporation of a borough (other than a county borough), or the council of an urban district, that is situate in the functional area of that local authority, be more effectively performed by the said corporation or council in lieu of being performed by that authority, by regulations provide that the said function shall, with effect from a date specified in the regulations, be performed, as respects the first-mentioned functional area, by the said corporation or, as the case may be, council.
(4) Whenever regulations under subsection (3) are in force in relation to a particular function, a reference in this Act to a local authority shall, where appropriate, be construed as a reference to the corporation of the borough or the council of the urban district to which the regulations relate and the function to which the regulations relate shall be a function of the said corporation or council.
(5) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying and applying any provision of this Act or of any other enactment) as appear to the Minister to be necessary for the purpose or in consequence of, or to give full effect to, the regulations.
F59[
Waste hierarchy.
21A.— (1) The following waste hierarchy shall apply as a priority order in waste prevention and management legislation and policy:
(a) prevention;
(b) preparing for re-use;
(c) recycling;
(d) other recovery (including energy recovery); and
(e) disposal.
(2)(a) When applying the waste hierarchy referred to in subsection (1), the Minister, the Agency and the local authorities, in carrying out their respective functions under this Act, shall take measures to encourage the options that deliver the best overall environmental outcome.
(b) Such measures may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste.
(3) The Minister shall ensure that the development of waste legislation and policy is a fully transparent process, observing existing national rules about the consultation and involvement of citizens and stakeholders.
(4) In carrying out their respective functions under this Act and related waste management legislation and policy, the Minister, the Agency and the local authorities shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Article 1 of the Waste Directive and section 32(1).]
F60[(5) The Minister shall make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those indicated in the Sixth Schedule or other appropriate instruments and measures.]
F60[(6) In order to contribute to the objectives laid down in Directives 2000/53/EC on the end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment, the Minister may also make use of the economic instruments and measures referred to under sub-paragraph (5) and indicated in the Sixth Schedule.]
Annotations
Amendments:
F59
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 7.
F60
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 8.
PART II
Waste Management Planning
Waste management plans.
22.—(1) In this section—
“relevant period” means the period beginning on the date of making of the waste management plan concerned or, as the case may be, the date on which the F61[last evaluation] of the said plan under subsection (4) was completed and ending on the date on which the local authority or authorities concerned expect to complete or, as may be appropriate, to next complete, F61[an evaluation] of the plan under that subsection;
F62[“revise’, in relation to a waste management plan, includes a review of the plan;]
“waste management plan” includes, where the context admits, a replacement waste management plan under subsection (4) F63[…].
F64[(2)(a) Subject to subsection (3) and section 24, in order that plans in combination cover the entire geographical territory of the State, each local authority shall make a waste management plan for non-hazardous waste in relation to its functional area.
(b) The Agency, shall, in accordance with section 26, establish such a plan for the State in respect of hazardous waste.
(c) The plans shall—
(i) lay down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use,
(ii) be in accordance with the waste hierarchy set out in section 21A,
(iii) meet the protection of human health and the environment obligations set out in section 32(1), and
(iv) meet the principles of self-sufficiency and proximity set out in section 37A.
(d) Waste management plans and the hazardous waste management plan in existence at the commencement of the Regulations of 2011 shall be evaluated by 31 December 2012 and, consequent on any such evaluation, where appropriate, be revised to be brought into line with the requirements of the Waste Directive.
(3) Two or more local authorities may, in lieu of each of them making a waste management plan, jointly make a plan (in this Act also referred to as a “waste management plan”) as respects their functional areas with regard to the matters specified in subsection (2).
(4) A local authority or, in the case of a waste management plan under subsection (3), the 2 or more local authorities concerned, shall ensure that a waste management plan made by it or them from time to time as occasion may require is evaluated at least once in each period of 6 years after the date of making of the plan and may, consequent on such an evaluation, where appropriate, make, in accordance with Article 9 of the Waste Directive, Regulation 31 of the Regulations of 2011 and section 23, any revisions to the plan or replace it with a new waste management plan as it or they thinks or think fit.]
(5) A local authority shall, before it commences the preparation of any of the following, namely, a waste management plan under subsection (2) or (3), a F65[revision] of, or a replacement for, such a plan under subsection (4)or a replacement for such a plan in compliance with a requirement made by the Minister under section 24, cause notice of its intention to commence such preparation to be published in a newspaper circulating in its functional area and such a notice shall state that written representations in relation to the matter may be made to the local authority within a specified period, being a period of not less than 2 months from the date of publication of the notice.
F66[(6)(a) A waste management plan shall—
(i) set out an analysis of the current waste management situation in the geographical entity concerned (if regional, for example, for the region),
(ii) set out the measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste, and
(iii)(I) set out an evaluation of how the plan will support the implementation of the objectives and provisions of the Waste Directive,
(II) set out such measures or arrangements as are to be taken or entered into by the local authority or local authorities,with a view to securing the objectives of the plan, and
(III) with regard to hazardous waste, cover the matters specified in subsection (8) in so far as they relate to its functional area.
F67[(b) A waste management plan shall contain, as appropriate, and taking into account the geographical level and coverage of the planning area, at least the following:
(i)(I) the type, quantity and source of waste generated within the territory, the waste likely to be shipped from or to the national territory, and an evaluation of the development of waste streams in the future; and
(II) a requirement that, in order to fulfil this obligation, liaison shall be undertaken, as appropriate, with the Minister, the Agency, Dublin City Council and other relevant local authorities;
(ii) existing major disposal and recovery installations, including any special arrangements for waste oils, hazardous waste, waste containing significant amounts of critical raw materials, or waste streams addressed by specific Union legislation;
(iii) an assessment of the need for closure of existing waste installations, and for additional waste installation infrastructure in accordance with section 37A. The Minister shall ensure that an assessment of the investments and other financial means, including for local authorities, required to meet those needs is carried out. This assessment shall be included in the relevant waste management plans or in other strategic documents covering the entire territory of the State;
(iv) information on the measures to attain the objective laid down in Article 5(3a) of Directive 1999/31/EC or in other strategic documents covering the entire territory of the Member State concerned;
(v) an assessment of existing waste collection schemes, including the material and territorial coverage of separate collection and measures to improve its operation, of any derogations granted in accordance with Article 10(3) of the Waste Directive, and of the need for new collection schemes;
(vi) sufficient information on the location criteria for site identification and on the capacity of future disposal or major recovery installations, if necessary;
(vii) general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems;
(viii) measures to combat and prevent all forms of littering and to clean up all types of litter;
(ix) appropriate qualitative or quantitative indicators and targets, including on the quantity of generated waste and its treatment and on municipal waste that is disposed of or subject to energy recovery.
(x) information as respects the integration and implementation of measures consequential on, or incidental to, the requirements of section 27A in relation to waste prevention programmes;
(xi) the measures taken by the Minister to give effect to Article 22 of the Waste Directive in relation to bio-waste.]
(c) A waste management plan may contain, taking into account the geographical level and coverage of the planning area, the following:
(i) organisational aspects related to waste management including a description of the allocation of responsibilities between public and private actors carrying out the waste management;
(ii) an evaluation of the usefulness and suitability of the use of economic and other instruments in tackling various waste problems, taking into account the need to maintain the smooth functioning of the internal market;
(iii) the use of awareness campaigns and information provision directed at the general public or at a specific set of consumers.
F67[(d) Waste management plans shall conform to the waste planning requirements laid down in Article 14 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, and the strategy for the implementation of the reduction of biodegradable waste going to landfills, referred to in Article 5 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste as well as national legislation and policy on biodegradable waste.]]
(7) Without prejudice to the generality of subsection (6), a waste management plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—
(a) the policies and objectives, and the priorities respectively assigned to them, of the local authority or authorities concerned in relation to assisting the prevention and minimisation of waste and in relation to the management generally of activities carried on by it or them or other persons as respects the collection, recovery and disposal of waste within its or their functional area or areas;
(b) the measures which—
(i) will be taken during the relevant period by the local authority or authorities concerned, and
(ii) in so far as the local authority or authorities concerned can determine, will or may be taken during the relevant period by persons other than such authority or authorities,
for the purpose of preventing or minimising the production of waste;
(c) F68[…]
(d) F68[…]
(e) facilities, plant and equipment which the local authority or authorities concerned expect to be available or, in its or their opinion, will be required to be available for the collection, recovery or disposal of waste in its or their functional area or areas during the relevant period and matters relevant to the selection of sites in respect of facilities aforesaid;
(f) general requirements of a technical or other nature applicable to the collection, recovery and disposal of waste and the aftercare of facilities used for the disposal of waste;
(g) the steps to be taken generally by the local authority or authorities concerned to enforce the provisions of this Act in its or their functional area or areas;
(h) the identification of sites at which waste disposal or recovery activities have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, measures proposed to be taken, or, where such an assessment has already been made measures taken, in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and measures proposed to be taken, or, where such measures have already been identified, measures taken, to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;
(i) any incidental and ancillary matters;
(j) such other matters as may be prescribed.
(8) There shall be included in a waste management plan, but separate from the other information contained in the plan, information as respects the implementation of measures consequential on, or incidental to, the provisions of the hazardous waste management plan or any recommendations made by the Agency under section 26 (6).
F69[(8 bis.) F70[…]]
(9) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a waste management plan.
F71[(10) (a) On and from the passing of the Waste Management (Amendment) Act, 2001, but without prejudice to paragraph (c), the duties of a local authority under this section with respect to the making of a waste management plan shall be carried out by the manager of the authority and, accordingly, the making of such a plan shall be an executive function.
(b) For the avoidance of doubt, the waste management plans to which paragraph (a) applies include such a plan which a local authority indicated its intention, before the passing of the Waste Management (Amendment) Act, 2001, to make jointly with one or more other local authorities but which plan it subsequently (but before the said passing) decided not to make.
(c) Where in the opinion of the manager of a local authority a waste management plan purporting to be made, before the passing of the Waste Management (Amendment) Act, 2001, by the authority jointly with one or more other local authorities is invalid because the decision of the authority purporting to make the plan, expressly or by implication, qualifies its assent to the plan—
(i) by making its assent to the plan subject to one or more conditions being satisfied, or
(ii) by the authority purporting to reserve to itself a power to vary the plan, otherwise than pursuant to the powers conferred on it in that behalf by this section, or
(iii) in any other respect whatsoever,
the manager shall, not later than the date prescribed for the purposes of subsection (2), by order—
(I) declare that he or she is of that opinion, and
(II) make the said plan,
and the said plan, as so made, shall, accordingly, be deemed for all purposes to be the waste management plan made by the local authority, but without prejudice to any steps taken by that or any other local authority, before the date of the making of the said order, pursuant to the terms of the said plan as purported to be jointly made by those local authorities.
F72[(d) On and from the commencement of section 26(2)(b) of the Protection of the Environment Act 2003, F73[the evaluation, revision] or replacement of a waste management plan shall be an executive function.]
(e) F74[…]
(f) F74[…]
(g) A local authority shall not, by resolution, under section 3 or 4 of the City and County Management (Amendment) Act, 1955, or section 179 of the Planning and Development Act, 2000, give a direction that works not be proceeded with or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a waste management plan or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 3, 4 or 179 which contravenes this paragraph shall be void.
F75[(10A) (a) The development plan for the time being in force in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in the waste management plan in force in relation to that area.
(b)(i) In the event of there being a conflict between an objective deemed to be included in a development plan by virtue of paragraph (a) (the “firstmentioned objective”) and an objective otherwise included in the development plan (the “second-mentioned objective”), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the waste management plan referred to in that paragraph.
(ii) A reference in subparagraph (i) to—
(I) an objective deemed to be included in a development plan by virtue of paragraph (a) shall be construed as including a reference to an objective deemed to be included in a development plan by virtue of this subsection before the amendment of it by section 26 of the Protection of the Environment Act 2003,
(II) an objective otherwise included in a development plan shall be construed as including a reference to an objective otherwise included in a development plan before the amendment of this subsection by that section 26.
(10AA) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or An Bord Pleanála solely on the ground that the development to which the application relates is not specifically referred to in the waste management plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that waste management plan.]
(10B) (a) Where a planning authority proposes to grant permission under Part III of the Planning and Development Act, 2000, for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority’s functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall—
(i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area,
(ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under the Planning and Development Act, 2000.
(b) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.
(c) Following consideration of any submissions or observations received in accordance with paragraph (b), the manager of the planning authority may, subject to, and in accordance with, the provisions of the Planning and Development Act, 2000 (apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.
(d) Section 34(6) of the Planning and Development Act, 2000, shall not apply to applications for permission referred to in paragraph (a).
(e) Notwithstanding section 34(8) of the Planning and Development Act, 2000, where a notice referred to in paragraph (a) is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published.
(10C) (F76[a]) Where development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the area concerned but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to the area concerned, is proposed to be carried out by—
(F76[i]) a local authority that is a planning authority, or
(F76[ii]) some other person on behalf of, or jointly or in partnership with such a local authority, pursuant to a contract entered into by that local authority,
within the functional area of the authority (hereafter in this section referred to as “proposed development”), the manager shall publish notice of the intention of the authority to carry out the proposed development in one or more newspapers circulating in that functional area.
(F76[b]) Any submission or observation in writing in relation to the proposed development which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.
(F76[c]) Following consideration of any submissions or observations received in accordance with subsection (2), the manager may—
(F76[i]) notwithstanding the fact that the proposed development would materially contravene the development plan, decide to proceed with the proposed development, with or without modifications (and, where he or she so decides, he or she shall follow the relevant procedures contained in section 175 or 179 of the Planning and Development Act, 2000, as appropriate), or
(F76[ii]) decide not to proceed with the proposed development.]
F77[(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000, planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.
(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.]
(11) In making or F78[evaluating] a waste management plan, the local authority or authorities concerned shall have regard to the proper planning and development of its or their functional area or areas and shall, for this purpose, have regard to the provisions of—
(a) the development plan or plans and any special amenity area order made under the Act of 1963,
(b) a water quality management plan made under the Local Government (Water Pollution) Acts, 1977 and 1990, and
(c) an air quality management plan made under the Air Pollution Act, 1987,
for the time being in force in relation to the said area or areas.
(12) A local authority shall take such steps as are appropriate and necessary to attain in relation to its functional area the objectives in a waste management plan made by the authority (whether such plan has been made by the authority or jointly by the authority with another local authority or other local authorities).
(13) The corporation of a borough (not being a county borough) or the council of an urban district shall, in the performance by it of any functions in relation to waste management, have regard to the provisions of a waste management plan made by the council of the county in whose functional area the borough or urban district is situate.
(14) F79[…]
Annotations
Amendments:
F61
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(a)(ii).
F62
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(a)(i).
F63
Deleted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(a), S.I. No. 393 of 2003.
F64
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(b).
F65
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(c).
F66
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(d).
F67
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 9(1), (2).
F68
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(e).
F69
Inserted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(3), in effect as per reg. 1(2).
F70
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(f).
F71
Substituted and inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 4, commenced on enactment.
F72
Substituted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(b), S.I. No. 393 of 2003.
F73
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(g).
F74
Deleted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(b), S.I. No. 393 of 2003.
F75
Substituted and inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(c), S.I. No. 393 of 2003.
F76
Substituted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 27(2) and (3), S.I. No. 393 of 2003.
F77
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 26(2)(d), S.I. No. 393 of 2004.
F78
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(h).
F79
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 8(i).
Modifications (not altering text):
C9
Reference in subs. (10C) construed (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 27(2)-(4), S.I. No. 393 of 2003.
Further amendment of section 22 of Act of 1996: minor textual corrections.
27.—…
“relevant subsection” means subsection (10C) (inserted by the Act of 2001) of section 22 of the Act of 1996.
(2) Each division of the relevant subsection prefixed with the figure “1”, “2” or “3” in brackets shall be read and operate, and be construed as always having been intended to be read and operate, as a paragraph prefixed with, as appropriate, the letter “a”, “b” or “c” in brackets.
(3) Each subdivision of a foregoing division, being the division prefixed with the figure “1” or “3” in brackets, shall be read and operate, and be construed as always having been intended to be read and operate, as a subparagraph prefixed with, as appropriate, the figure “i” or “ii” in brackets.
(4) The reference in the relevant subsection, in the third division thereof, to “subsection (2)” shall be read, and be construed as always having been intended to be read, as a reference to “paragraph (b)”.
Editorial Notes:
E227
Power pursuant to section exercised (14.09.2001) by Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001).
E228
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).
E229
Power pursuant to section exercised (27.03.1997) by Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997).
E230
Previous affecting provision: subs. (8bis) inserted (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 19(3), in effect as per reg. 1(2); deleted as per F-note above.
E231
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).
E232
Previous affecting provision: subs. (1) amended (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 5, commenced on enactment; subsection further amended as per F-note above.
Publication of notices in relation to waste management plans and procedure on review of such plans.
23.—(1) Where a local authority proposes to make, under subsection (2) or (3) of section 22, F80[or to revise] or replace under subsection (4) of that section, or to replace in compliance with a requirement made by the Minister under section 24, a waste management plan (“the plan”), the local authority shall cause to be published in at least one newspaper circulating in its functional area a notice of the proposal to F80[make, revise] or replace, as the case may be, the plan, and shall submit a copy of the proposed plan or, as the case may be, the proposed F80[revision] of the plan, to the Minister, the Agency and such other persons as may be prescribed.
(2) A notice under subsection (1) shall state that—
(a) a copy of the proposed plan or, as the case may be, F80[the proposed revision] of the plan may—
(i) be inspected at a specified place and at specified times during a specified period, being a period of not less than 2 months from the time when the proposed plan or F80[revision is deposited for inspection (and the proposed plan or revision] shall be so deposited and made available for such inspection accordingly), and
(ii) be purchased from the local authority (and the proposed plan or F80[revision] shall be made available for such purchase accordingly (at a cost not exceeding the reasonable cost of making a copy));
(b) written representations in relation to the proposed plan or to the F80[proposed revision] of the plan made to the local authority within the period aforesaid will be taken into consideration by the local authority or authorities concerned before the making of the plan or, as the case may be, F80[the revision] of the plan (and any such representations shall be taken into consideration accordingly).
(3) The local authority or authorities concerned, having considered any representations duly made to it or each of them, as the case may be, within the relevant period under subsection (2), may make, F80[revise] or replace the plan (whether in the terms as originally proposed or with such amendments as it or they thinks or think fit).
(4) (a) A local authority which has made a plan under subsection (2) or (3) of section 22 shall furnish to a person, on request and, if the authority so requires, payment to it by the person of such reasonable fee as it may charge, a copy of, or extract from, the plan, within a period of 21 days of receipt by the authority of such request, or of payment of such fee as it may charge, whichever shall be the later.
(b) A document purporting to be a copy of a plan or to be an extract from a plan and to be certified by an officer of a local authority which made the plan under subsection (2) or (3) of section 22 as a true copy shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he or she was in fact such an officer.
(c) Evidence of a plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.
Annotations
Amendments:
F80
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 9.
Editorial Notes:
E233
Power pursuant to section exercised (27.03.1997) by Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997).
Power of Minister in relation to waste management plans.
24.—The Minister may, after consultation with the local authority or authorities concerned—
(a) require that two or more local authorities jointly make a waste management plan under section 22 (3),
(b) require that the making of waste management plans, whether under subsection (2) or (3) of section 22, by two or more local authorities be co-ordinated in such manner and in relation to such matters as the Minister may specify, and
(c) require a local authority or, as the case may be, two or more local authorities, to F81[revise] (whether by addition or deletion) a waste management plan made by it or them in such manner as the Minister may specify or to replace the plan by a new waste management plan,
and the local authority or authorities shall comply with any such requirement of the Minister.
Annotations
Amendments:
F81
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 10.
Duty of local authority on making, varying or replacing a waste management plan.
25.—As soon as may be after a local authority or, as the case may be, two or more local authorities, has or have made, F82[revised] or replaced a waste management plan, the local authority or, as the case may be, one of the local authorities, shall transmit a copy of the plan or F82[revision] or the new plan, as the case may be, to the Minister, the Agency and such other persons as may be prescribed.
Annotations
Amendments:
F82
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 11.
Hazardous waste management plan.
26.—(1) The Agency shall, as soon as may be after the commencement of this section, but not later than such date as may be prescribed, make a national plan (in this Act referred to as “the hazardous waste management plan”) with regard to—
(a) the prevention and minimisation of hazardous waste,
(b) the recovery of hazardous waste,
(c) the collection and movement of hazardous waste, and
(d) the disposal of such hazardous waste as cannot be prevented or recovered.
(2) The hazardous waste management plan shall have regard to, and incorporate such information contained in, any waste management plan as the Agency considers appropriate and shall—
(a) describe the type, quantity and origin of hazardous waste arising in the State, the movement of hazardous waste within, into or out of the State, and facilities available for the collection, recovery or disposal of such waste in the State, and such description shall indicate the likely position with respect to each of those matters for such period after the making or review under subsection (3) of the plan as the Agency thinks appropriate;
(b) specify objectives and, where appropriate, targets which in the opinion of the Agency are practicable or desirable in relation to the prevention and minimisation of the production of hazardous waste, the minimisation of the harmful nature of such waste and the recovery or disposal of such waste, over such periods as may be specified;
(c) provide for, as appropriate, the identification of sites at which waste disposal activities, being activities that to a significant extent involved hazardous waste, have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, the taking or recommendation of measures in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and the recommendation of measures to be taken to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;
(d) have regard to the need to give effect to the polluter pays principle;
(e) have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution;
(f) make recommendations, as respects the management of hazardous waste, regarding—
(i) priorities, measures or programmes which could be pursued,
(ii) infrastructure, waste facilities or other physical resources considered by the Agency to be necessary throughout the State or in any area of the State,
(iii) the functions of any relevant public authorities;
(g) specify policies which the Agency proposes to pursue, having regard to its functions under this Act or any other enactment.
F83[(3) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 6 years after the date of making of the hazardous waste management plan, evaluate the plan and make such revisions to it, in accordance with Article 9 of the Waste Directive and Regulation 31 of the Regulations of 2011, as it thinks fit and references in this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.]
(4) (a) The Agency shall cause to be published in at least one national newspaper—
(i) a notice of its intention to make the hazardous waste management plan,
(ii) where it has carried out a review of that plan and proposes to revise the plan consequent on such a review, a notice of that proposal,
and shall furnish a copy of the plan or, as the case may be, the proposed revision of the plan to the Minister, each local authority and such other persons as may be prescribed.
(b) Subsections (2), (3) and (4) of section 23 shall apply in relation to the hazardous waste management plan and a notice aforesaid as those provisions apply in relation to a waste management plan and a notice under subsection (1) of section 23 with the following and any other necessary modifications, namely—
(i) references in those provisions to a plan and a proposed F84[revision] of a plan shall be construed, respectively, as references to the hazardous waste management plan and a proposed revision of that plan,
(ii) references in those provisions to F84[revising] or replacing a plan shall be construed as references to revising a plan,
(iii) references in those provisions to a local authority shall be construed as references to the Agency.
(5) A Minister of the Government, a local authority and any other public authority in whom are vested functions by or under any enactment in relation to the protection of the environment shall have regard to, and in so far as it is considered by that Minister of the Government, local authority or other public authority to be appropriate to do so, shall take measures to implement or otherwise give effect to, recommendations contained in the hazardous waste management plan.
(6) Without prejudice to subsection (5), the Agency may, having regard to the provisions of the hazardous waste management plan and the functions of local authorities in relation to the management of hazardous waste, make such recommendations to one or more local authorities as the Agency considers appropriate in relation to the effective management by it or them of hazardous waste, and such recommendations shall be regarded as having been issued under and in accordance with section 63 of the Act of 1992.
(7) For the purpose of the making or F85[evaluation] of a hazardous waste management plan by the Agency, it shall be the duty of each local authority and any public authority referred to in subsection (5) to furnish to the Agency, on request being made by the Agency therefor, any relevant information which is available to, or may reasonably be obtained by, the local authority or public authority.
(8) Nothing in this Part shall be construed as requiring the Agency to provide, or assume a direct role in the provision of, any waste facilities, equipment or related resources or as imposing a duty on the Agency owed to any person to identify a site at which a waste disposal activity has been carried on or to do any other thing referred to in subsection (2) (c) in relation to such a site.
(9) Upon the making of the hazardous waste management plan or of any revisions thereto, the Agency shall—
(a) cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and
(b) furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the management of hazardous waste.
F86[(10) In this section, “revise”, in relation to the national hazardous waste management plan, includes a review of the plan.]
Annotations
Amendments:
F83
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(a).
F84
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(b).
F85
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(c).
F86
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 12(d).
PART III
Measures to Reduce Production, and Promote Recovery, of Waste
Interpretation (Part III).
27.—(1) In this Part—
“deposit and refund scheme” means, in relation to any product, substance, component or packaging, a scheme whereby the producer, distributor or retailer, as the case may be, who operates the scheme requires a purchaser of a product or substance to pay to him or her a refundable deposit in relation to the product or substance or any component thereof or packaging therefor, that is to say a deposit of money the amount of which will be repaid by the producer, distributor or retailer, as the case may be, to the purchaser if the purchaser returns to him or her the product, substance, component or packaging, as the case may be;
“distributor” means a person who sells or supplies a product or substance by wholesale and “distribute” shall be construed accordingly;
“environmental audit” has the same meaning as it has in section 74 of the Act of 1992;
“environmental management system” means a system for managing the carrying on of an activity with regard to its effects on the environment;
“life cycle assessment” means, in relation to a product, an assessment of the effects on the environment of the manufacture, distribution, marketing and use of the product and the recovery or, as appropriate, disposal thereof (including the use of energy and raw materials in, and the production of waste from, any of the said activities);
“producer” includes such person as the Minister may specify by regulations to be a producer for the purposes of this Part (and such specification may include the importer or vendor of the product concerned);
“producer responsibility obligation” means a requirement to take steps for the purpose of the prevention, minimisation, limitation or recovery of waste as respects the class or classes of product to which the requirement relates and may include a requirement to achieve specified targets in relation to those matters;
“waste audit” means an evaluation of the manner in which an activity is carried on with a view to identifying opportunities for—
(a) preventing or minimising the production of waste from the activity or the harmfulness of any waste produced from the activity, and
(b) facilitating the recovery of any waste so produced.
(2) A reference in this Part to the implementation and operation of a waste reduction programme shall be construed as a reference to the taking of steps in a systematic manner for the purpose of—
(a) reducing the production of waste from the activity concerned or the harmfulness of any waste produced from the activity, and
(b) recovering any waste so produced,
having regard to the results of a waste audit conducted in relation to the activity.
Annotations
Editorial Notes:
E234
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.
E235
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E236
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).
E237
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.
E238
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).
E239
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.
E240
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).
E241
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.
E242
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.
E243
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.
E244
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.
E245
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.
E246
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).
E247
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).
E248
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).
E249
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).
E250
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.
E251
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.
E252
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.
E253
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.
F87[Prevention of waste
27A. (1) The Minister or any Minister of the Government concerned shall take measures to prevent waste generation. Those measures shall, at least, include those described in Article 9(1) of the Waste Directive.
(2) The Agency shall monitor and assess the implementation of the waste prevention measures referred to in para (1). For that purpose, they shall use appropriate qualitative or quantitative indicators and targets, notably on the quantity of waste that is generated.
(3) The Agency shall monitor and assess the implementation of measures on re-use by measuring re-use on the basis of the common methodology established by the implementing act referred to in Article 9(7) of the Waste Directive as from the first full calendar year after the adoption of that implementing act.
(4) The Agency shall monitor and assess the implementation of national food waste prevention measures by measuring the levels of food waste on the basis of the methodology established by the delegated act referred to in Article 9(8) of the Waste Directive as from the first full calendar year after the adoption of that delegated act.
(5) The public authorities concerned, shall ensure that any supplier of an article as defined in point 33 of Article 3 of Regulation (EC) No 1907/200612 of the European Parliament and of the Council provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency as from 5 January 2021 using the format(s) and submission tool(s) provided by the European Chemical Agency for that purpose.]
Annotations
Amendments:
F87
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 10.
Editorial Notes:
E254
Previous affecting provision: section inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 13; substituted as per F-note above.
12 OJ L 396, 30.12.2006, p. 1
F88[
Waste prevention programmes
27B. (1) The Agency shall establish waste prevention programmes setting out at least the waste prevention measures as laid down in Section 27A(1) in accordance with Section 21A and with Article 1 of the Waste Directive.
Such programmes shall be integrated either into the waste management plans required under Section 28 or into other environmental policy programmes, as appropriate, or shall function as separate programmes. If any such programme is integrated into the waste management plan or into those other programmes, the waste prevention objectives and measures shall be clearly identified.
(2) When establishing such programmes, the Agency shall, where relevant, describe the contribution of instruments and measures listed in the Sixth Schedule to waste prevention and shall evaluate the usefulness of the examples of measures indicated the First Schedule or other appropriate measures. The programmes shall also describe existing waste prevention measures and their contribution to waste prevention.
(3) The aim of such objectives and measures shall be to break the link between economic growth and the environmental impacts associated with the generation of waste.
(4) The Agency shall adopt specific food waste prevention programmes within their waste prevention programmes.
(5) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 6 years after the date of making of a waste prevention programme, evaluate the plan and make such revisions to it, in accordance with Article 9 of the Waste Directive and Regulation 31 of the Regulations of 2011, as it thinks fit and references in Part II and this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.
(6) Upon the establishment of a waste prevention programme or programmes or of any revisions thereto, the Agency shall—
(a) cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and
(b) furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the programme or programmes.
(7) In this section, “revise”, in relation to a waste prevention programme, includes a review of the programme.]
Annotations:
Amendments:
F88
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 11.
Waste prevention and minimisation.
28.—(1) For the purpose of promoting, supporting or facilitating the prevention or minimisation of waste, any Minister of the Government or a local authority may provide such support or assistance, including the provision of moneys, as he or she or the local authority considers appropriate in relation to research and development projects being carried out, or proposed to be carried out, by any person in respect of the prevention or minimisation of waste, and for the purposes aforesaid may establish programmes and specify criteria and objectives governing the availability and provision of such assistance and support.
(2) (a) A person who carries on any activity of an agricultural, commercial or industrial nature (including the manufacture of any product) shall have due regard to the need to prevent or minimise the production of waste from that activity and, as the case may be, from any product manufactured by him or her as a result of such an activity, and shall take all such reasonable steps as are necessary for the purposes of such prevention or minimisation (including, where appropriate, steps as respects the design of any product aforesaid).
(b) The Minister may by regulations specify steps, as respects any particular activity aforesaid, that shall be regarded as reasonable steps necessary to be taken for the purposes of the prevention or, as the case may be, minimisation of the production of waste referred to in paragraph (a), and a person who carries on such an activity shall take those steps accordingly.
(3) (a) Subject to paragraph (c), the Minister may, after consultation with any Minister of the Government concerned, make regulations for the purpose of preventing, minimising or limiting the production of waste or a specified class or classes of waste, and any such class may be defined by reference to the manufacturing or industrial process or other activity giving rise to the waste concerned or to such other matters as the Minister thinks appropriate.
(b) Subject as aforesaid, regulations under this section may include provisions for the imposition of producer responsibility obligations on producers of products.
(c) Regulations under this section shall only apply to a scheduled activity to such extent as the Minister may determine following consultation with the Agency.
(4) Without prejudice to the generality of subsection (3), regulations under this section may provide for all or any of the following matters—
(a) requiring a person, in a specified manner, to conduct a waste audit and implement and operate a waste reduction programme in relation to an activity carried on by him or her,
(b) requiring the keeping of specified documents, records or other particulars, and the furnishing of specified information to specified persons or the publication of specified information, in relation to the conduct of a waste audit or the implementation and operation of a waste reduction programme,
(c) exempting a person from the requirements of regulations under the foregoing paragraphs, as respects a particular activity being carried on by that person, if and for so long as he or she is carrying out a specified environmental audit, or operating a specified environmental management system, in relation to the particular activity,
(d) prohibiting, otherwise than with the consent of a person prescribed for the purpose by regulations under paragraph (e), the display or use of any specified mark or symbol at any premises or on or in any product, substance, packaging, advertisement or notice,
(e) prescribing a person for the purposes of regulations under paragraph (d), the procedures to be followed by such a person in granting any consent under such regulations and enabling him or her to withdraw such a consent in specified circumstances,
(f) without prejudice to paragraph (g), requiring a person to use the F89[best available techniques] for preventing or limiting the production of waste from an activity carried on by the said person,
(g) the specification, by the Minister or such person as may be prescribed for the purpose by the regulations, of the F89[best available techniques] for preventing or limiting the production of waste from an activity carried on by a person specified in regulations under paragraph (f),
(h) requiring the producer of a specified class or classes of product to carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be specified,
(i) prohibiting, or limiting or controlling in a specified manner and to a specified extent—
(i) the production or use, in a production process or otherwise, of any substance, material or thing,
(ii) the composition, production, importation, distribution, supply, sale, disposal or advertising of any product or substance, or
(iii) the production of any waste,
(j) specifying requirements to be complied with as respects the design, composition or production of packaging and the use which may be made of packaging, including a requirement—
(i) that the composition, volume or weight of packaging be restricted or limited to such extent as is consistent with its purpose of providing protection for the product or substance concerned,
(ii) that packaging be designed, produced and used so as to be capable of being re-used,
(k) requiring products to be designed, manufactured or constructed in a specified manner or in accordance with such standards as may be prescribed in accordance with regulations under paragraph (l),
(l) enabling a specified person or persons to prescribe standards for the purposes of regulations under paragraph (k),
(m) requiring a producer to prepare and publish, at a specified frequency and in a specified manner—
(i) a plan specifying the steps proposed to be taken by him or her to prevent or minimise the production of waste from any activity of production carried on by him or her or from a product manufactured by him or her, or any component of, or packaging related to, such a product, and
(ii) a report on the steps taken by him or her in pursuance of such a plan and the results of those steps,
(n) requiring the preparation and publication, at a specified frequency and in a specified manner, by a person who is the subject of any specified requirement of regulations under this section (other than a requirement imposed by regulations under paragraph (m)) of—
(i) a plan specifying the steps to be taken by him or her to comply with such a requirement, and
(ii) a report on the steps taken by him or her to comply with such a requirement and the results of those steps,
(o) conferring on public authorities (including the Minister) and other specified persons specified additional functions for the purpose of securing or facilitating the operation of provisions of regulations under this section,
(p) any matters consequential on, or incidental to, the foregoing.
(5) (a) Without prejudice to subsection (3) or section 7 (2), regulations under this section may make provision in relation to persons, products, substances, activities or other matters referred to in this section generally or in relation to a specified class or classes of such persons, products, substances, activities or other matters.
(b) A target an obligation to achieve which is imposed on a person by regulations under this section may be defined in such regulations by reference to a specified proportion (whether by weight, volume or otherwise) of the products, substances or other things to which the obligation relates.
(6) A person who contravenes subsection (2) (b) or a provision of regulations under this section shall be guilty of an offence.
(7) In a prosecution for a contravention of regulations under this section (being a contravention consisting of a failure to achieve a target specified in the regulations), it shall be a good defence to prove that the accused took all reasonable steps to achieve the said target.
Annotations
Amendments:
F89
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 21, S.I. No. 393 of 2004.
Modifications (not altering text):
C10
Additional purposes for which regulations may be made under section specified (1.07.1997) by Litter Pollution Act 1997 (12/1997), s. 30, S.I. No. 213 of 1997.
Extension of purposes for which regulations under Waste Management Act, 1996, may be made.
30.—The purposes for which regulations under sections 28 and 29 of the Waste Management Act, 1996, may be made shall include the purposes of preventing, minimising or controlling litter under this Act.
Editorial Notes:
E255
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.
E256
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E257
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).
E258
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.
E259
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E260
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E261
Offence under subs. (6) 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.
E262
Offence under subs. (6) 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).
E263
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).
E264
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).
E265
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.
E266
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).
E267
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).
E268
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.
E269
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.
E270
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.
E271
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.
E272
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.
E273
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.
E274
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).
E275
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).
E276
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).
E277
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).
E278
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.
E279
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.
E280
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.
E281
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.
Measures related to recovery of waste.
29.— F90[(1) A reference in this section to the implementation and operation of a source separation programme for waste shall be construed as a reference to the taking of steps in a systematic manner for the purposes of—
(a) separating specified waste from other waste and the holding of such waste so separated prior to its collection, recovery or disposal, and
(b) giving effect to the requirements of Article 22 of the Waste Directive in relation to bio-waste.]
(2) For the purpose of promoting, supporting or facilitating the recovery of waste, any Minister of the Government or a local authority may provide to any person such support or assistance, including financial assistance, as he or she or the local authority considers appropriate, including the provision of moneys in relation to research and development projects being carried out or proposed to be carried out by any person in respect of the recovery of waste, and for the purposes aforesaid may establish programmes and specify criteria and objectives governing the availability and provision of such assistance and support.
F91[(2A) (a) It shall be the duty of waste producers and holders to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance with sections 21A and 32(1).
(b) A person who contravenes paragraph (a) shall be guilty of an offence.
(c) The Agency and the local authorities, in carrying out their functions under this Act and related waste management legislation and policy, shall take the necessary measures to ensure that waste undergoes recovery operations in accordance with this section and sections 21A and 32(1).]
F92[(2B) Where necessary to comply with subsection (2A) and to facilitate or improve preparing for re-use, recycling and other recovery operations, waste shall be subject to separate collection and shall not be mixed with other waste or other material with different properties.]
F93[(2C) The Agency and the local authorities may allow derogations from subsection (2B) provided that at least one of the following conditions is met:
(a) collecting certain types of waste together does not affect their potential to undergo preparing for re-use, recycling or other recovery operations in accordance with section 21A and results in output from those operations which is of comparable quality to that achieved through separate collection;
(b) separate collection does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;
(c) separate collection is not technically feasible taking into consideration good practices in waste collection;
(d) separate collection would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.
The Agency and the local authorities shall regularly review derogations under this paragraph taking into account good practices in separate collection of waste and other developments in waste management.
(2D) The Agency and the local authorities shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11(1) and Article 22 of the Waste Directive is not incinerated, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance with section 21A.
(2E) Where necessary to comply with subsection (2A) and to facilitate or improve recovery, waste producers and holders shall take the necessary measures, before or during recovery, to remove hazardous substances, mixtures and components from hazardous waste with a view to their treatment in accordance with sections 21A and 32(1).
(2F) By 31 December 2021, the Agency shall submit a report to the Commission on the implementation of this Section as regards municipal waste and bio-waste, including on the material and territorial coverage of separate collection and any derogations under (2C).]
(3) (a) The Minister may, after consultation with any Minister of the Government concerned, make regulations in relation to or for the purpose of the recovery of waste or a specified class or classes of waste, and any such class may be defined by reference to the manufacturing or industrial process or other activity giving rise to the waste concerned or to such other matters as the Minister thinks appropriate.
F94[(b) Regulations under this section may include provisions for the imposition of producer responsibility obligations on producers of products including provisions requiring the producer of a specified product to partly or wholly bear the waste management costs of that product and or the sharing of these costs with the distributors of such specified products.]
F95[(c) In order to maximise environmental benefits, including the environmentally sound management of products at their end of life, regulations under this section may also include provisions for the application of economic instruments including the making of arrangements relating to the display of environmental management charges, at a specified rate, by a producer or distributor as appropriate, to the purchasers of specified products.]
(4) Without prejudice to the generality of subsection (3), regulations under this section may provide for all or any of the following matters—
(a) requiring the labelling or marking of a product or substance or its packaging, in a specified manner, so as to identify or specify—
(i) the composition of the product, substance or packaging,
(ii) the potential hazards of the product, substance or packaging in the event of its being recovered or disposed of,
(iii) the potential of the product, substance or packaging to be recovered,
(iv) such other information as may be specified,
(b) specifying requirements to be complied with as respects the nature, composition or design of packaging and the use to be made of packaging, and such requirements may include a prohibition on the use of packaging otherwise than in the specified circumstances or a requirement that packaging be designed in accordance with such standards as may be prescribed in accordance with regulations under paragraph (e) for the purpose of facilitating the recovery of the packaging,
(c) prohibiting, or limiting or controlling in a specified manner and to a specified extent, the importation, distribution, supply or sale in a specified container or other packaging of any product or substance,
(d) for the purpose of facilitating the removal of components from, or the dismantling of, products prior to their recovery or disposal, requiring products to be designed, manufactured or constructed in a specified manner or in accordance with such standards as may be prescribed in accordance with regulations under paragraph (e),
(e) enabling a specified person or persons to prescribe standards for the purposes of regulations under paragraph (b) or (d),
(f) requiring a producer, distributor or retailer to operate a deposit and refund scheme in relation to a product or substance of a type or brand made, distributed or sold by him or her, or any component of, or packaging related to, such product or substance,
(g) specifying the conditions under which a scheme referred to in paragraph (f) is to be operated (including the amount of the deposit or deposits to be required of the purchasers concerned and the targets that the operator of such a scheme shall achieve as respects the return of products, substances or packaging under the scheme in a particular period),
(h) requiring a producer, distributor or retailer to collect or arrange for the collection of, or to take back or arrange for the taking back of, without imposing any charge for so doing, any product or substance of a type or brand made, distributed or sold by such producer, distributor or retailer, or any component of, or packaging related to, such product or substance, after the purchaser thereof F96[(or, as appropriate, any person who acquires the product or substance subsequent to its first being purchased)] no longer has any use for it, and specifying the conditions under which such collection or taking back is to be conducted (including the targets that the producer, distributor or retailer shall achieve as respects the collection or taking back of such type or brand of product or substance, or such related components or packaging, in a particular period),
(i) requiring the owner or manager of a supermarket, service station or other sales outlet to provide, free of charge, specified facilities at such an outlet for the removal by customers of packaging from products or substances purchased by them at that outlet, and receptacles for the deposit of such packaging,
(j) requiring the owner or manager of a supermarket, service station or other sales outlet to impose a charge on a customer in respect of the provision by him or her to the customer of any bag, container or other such packaging in relation to products or substances purchased by the customer at that sales outlet, such charge being of an amount equal to the full cost of such packaging or to such other amount as may be specified in the regulations,
(k) requiring the purchaser of a product or substance to return such product or substance, or any component of, or packaging related to, such product or substance, after he or she no longer has any use for it to a retailer of such a product or substance or to deliver it to an authorised waste collector or other specified person or facility,
(l) requiring a producer of a product or substance to use recovered or recoverable material or components in the production of the product or substance, or prohibiting, or limiting or controlling in a specified manner and to a specified extent, the use of specified virgin material in such production,
(m) requiring a person to implement and operate, in a specified manner, a source separation programme for waste of a specified class or classes,
(n) requiring that waste, the subject of a source separation programme, be offered and made available, free of charge or otherwise, in a specified manner, to a specified person for collection by such a person,
(o) requiring, in a specified manner, the owner or manager of a supermarket, service station or other sales outlet to provide, operate and maintain, or arrange for the provision, operation and maintenance of, waste collection receptacles at such an outlet for use by members of the public and transfer or arrange for the transfer of waste that may be so placed in such receptacles to a specified waste recovery facility,
(p) requiring that any used product, substance, component, packaging or other waste to which regulations under any other provision of this subsection apply be recovered in a specified manner,
(q) requiring specified other steps to be taken in relation to waste referred to in paragraph (p) where, by reason of circumstances defined in the regulations, it is not practicable to recover the waste,
(r) notwithstanding any other provision of this section, requiring a local authority to provide specified financial assistance in a specified manner to persons engaged in the recovery of household waste,
(s) exempting from all or any of the requirements of regulations under this section a person who is certified by an association or body corporate formed or established for the purpose of carrying on waste recovery activities and approved by the Minister in accordance with regulations under paragraph (t) to be either—
(i) a member or shareholder of that association or body corporate, as the case may be, or
(ii) participating, in a satisfactory manner, in a scheme for the recovery of waste, or complying with any requirements specified by that association or body corporate, as the case may be, in relation to the recovery of waste,
(t) (i) the granting by the Minister of approvals for the purpose of regulations under paragraph (s) and the conditions which he or she may attach to such approvals, including conditions relating to—
(I) the financial and administrative arrangements to be made by the association or body corporate concerned,
(II) the waste recovery activities to be carried on by the association or body corporate concerned and the manner in which they are to be carried on,
(III) targets to be achieved by the association or body corporate concerned with respect to the recovery of waste by it,
(ii) enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,
(iii) the means by which an association or body corporate shall determine, for the purpose of regulations under paragraph (s), whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,
(iv) the grant and revocation by an association or body corporate of a certificate for the purpose of regulations under paragraph (s) and the notifications to be given by it in respect of such a grant or revocation to the person concerned and other specified persons,
(u) requiring a person to keep specified documents, records or other particulars and to furnish specified information to specified persons in relation to the steps taken by him or her to comply with a specified requirement of regulations under this section, and enabling a specified person to verify the accuracy of any matter stated or recorded pursuant to a requirement of regulations under this paragraph,
(v) requiring a producer or distributor to prepare and publish, at a specified frequency and in a specified manner—
(i) a plan specifying steps proposed to be taken by him or her to promote, support or facilitate the recovery of any product or substance made, distributed or sold by him or her, or any component of, or packaging related to, such a product or substance, and
(ii) a report on the steps taken by him or her in pursuance of such a plan and the results of those steps,
(w) requiring the preparation and publication, at a specified frequency and in a specified manner, by a person who is the subject of any specified requirement of regulations under this section (other than a requirement imposed by regulations under paragraph (v)) of—
(i) a plan specifying the steps to be taken by him or her to comply with such a requirement, and
(ii) a report on the steps taken by him or her to comply with such a requirement and the results of those steps,
(x) conferring on public authorities (including the Minister) and other specified persons specified additional functions for the purpose of securing or facilitating the operation of provisions of regulations under this section,
(y) requiring local authorities to facilitate, promote or carry out in a specified manner the composting of municipal waste of an organic nature or any other process for the biological transformation of such waste,
(z) any matters consequential on, or incidental to, the foregoing.
(5) (a) Without prejudice to subsection (3) or section 7 (2), regulations under this section may make provision in relation to persons, products, substances, activities or other matters referred to in this section generally or in relation to a specified class or classes of such persons, products, substances, activities or other matters.
(b) A target an obligation to achieve which is imposed on a person by regulations under this section may be defined in such regulations by reference to a specified proportion (whether by weight, volume or otherwise) of the products, substances or other things to which the obligation relates.
(6) A person who contravenes a provision of regulations under this section shall be guilty of an offence.
(7) In a prosecution for a contravention of regulations under this section (being a contravention consisting of a failure to achieve a target specified in the regulations), it shall be a good defence to prove that the accused took all reasonable steps to achieve the said target.
Annotations
Amendments:
F90
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(a).
F91
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 12(a).
F92
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 12(b).
F93
Inserted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 12(c).
F94
Substituted by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(c), as inserted (17.06.2016) by European Union (Waste Directive) (Amendment) Regulations 2016 (S.I. No. 315 of 2016), reg. 3(a).
F95
Inserted by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(d), as inserted (17.06.2016) by European Union (Waste Directive) (Amendment) Regulations 2016 (S.I. No. 315 of 2016), reg. 3(b).
F96
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 28, S.I. No. 393 of 2004.
Modifications (not altering text):
C11
Additional purposes for which regulations may be made under section specified (1.07.1997) by Litter Pollution Act 1997 (12/1997), s. 30, S.I. No. 213 of 1997.
Extension of purposes for which regulations under Waste Management Act, 1996, may be made.
30.—The purposes for which regulations under sections 28 and 29 of the Waste Management Act, 1996 , may be made shall include the purposes of preventing, minimising or controlling litter under this Act.
Editorial Notes:
E282
Power pursuant to subs. (4)(f) exercised (20.11.2021) by Separate Collection (Deposit Return Scheme) Regulations 2021 (S.I. No. 599 of 2021), in effect as per reg. 1(2).
E283
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.
E284
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E285
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).
E286
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.
E287
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E288
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E289
Offence under subs. (6) 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.
E290
Offence under subs. (6) 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).
E291
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.
E292
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).
E293
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).
E294
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.
E295
Power pursuant to section exercised (19.12.2001) by Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001).
E296
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).
E297
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).
E298
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.
E299
Previous affecting provision: subs. (2A) inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 14(b); substituted as per F-note above.
E300
Previous affecting provision: power 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.
E301
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.
E302
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.
E303
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.
E304
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.
E305
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).
E306
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).
E307
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.
E308
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).
E309
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).
E310
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.
E311
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.
E312
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.
E313
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.
Public authority waste management.
30.—(1) (a) The Minister shall, as soon as may be after the commencement of this section, promulgate a programme with regard to the prevention, minimisation and recovery of waste arising from the performance by public authorities of their functions.
(b) A programme under this subsection may deal with such class or classes of waste, or apply to such class or classes of public authorities, as the Minister may consider appropriate.
(2) The Minister shall review from time to time as he or she thinks appropriate a programme under subsection (1) and make such revisions thereto as he or she thinks fit.
(3) Without prejudice to the generality of subsection (1), a programme under that subsection may include—
(a) specific objectives in relation to different types of waste,
(b) measures for the co-ordination of steps being taken or proposed to be taken by public authorities in relation to the prevention, minimisation and recovery of waste,
(c) proposals for the regulation pursuant to powers under this Act or any other enactment of activities carried on for the prevention, minimisation and recovery of waste.
(4) For the purpose of a programme under subsection (1), the Minister shall publish guidelines and criteria in relation to the prevention, minimisation and recovery of waste, to which public authorities shall have regard in the performance of their functions, and such guidelines and criteria may include provision for all or any of the following matters—
(a) consideration being given by public authorities to the likely effects on the environment of particular goods or services they propose to purchase or engage,
(b) objectives with regard to the use by public authorities of materials recovered from waste,
(c) the conduct by public authorities of waste audits and the implementation and operation by them of waste reduction programmes and the publication of the results of such audits and programmes,
(d) the making by public authorities of plans (“public authority waste management plans”), specifying appropriate measures to facilitate, and objectives with regard to, the prevention, minimisation and recovery of waste by them,
(e) the content, publication, implementation and review of public authority waste management plans,
(f) the preparation and publication by public authorities of reports on the implementation by them of their respective public authority waste management plans and their compliance generally with guidelines and criteria published under this subsection.
Recovery of waste by local authorities.
31.—(1) A local authority may—
(a) engage or participate in the recovery of waste, and for that purpose may enter into one or more agreements with any other local authority or other person,
(b) buy or otherwise acquire waste for the purpose of recovering it,
(c) use, sell or otherwise dispose of any material or thing, including energy, recovered from waste.
(2) For the purpose of subsection (1), “local authority” includes the corporation of a borough of any kind and the council of an urban district.
F97[
Costs
31A.(1) In accordance with the polluter-pays principle, the costs of waste management, including for the necessary infrastructure and its operation, shall be borne by the original waste producer or by the current or previous waste holders.
(2) Without prejudice to Regulations 30 and 30A in the Regulations of 2020, the Minister or any Minister of the Government concerned, may decide that the costs of waste management are to be borne partly or wholly by the producer of the product from which the waste came and that the distributors of such product may share these costs.]
Annotations
Amendments:
F97
Substituted (27.08.2020) by European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020), reg. 13.
Editorial Notes:
E314
Previous affecting provision: section inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 15; substituted as per F-note above.
PART IV
Holding, Collection and Movement of Waste
General duty of a holder of waste.
32.—F98[(1) A person shall not—
(a) cause or facilitate the abandonment, dumping or unauthorised management or treatment of waste, or
(b) hold, transport, recover or dispose of waste, or treat waste, in a manner that causes or is likely to cause environmental pollution.
(1A)(a) It shall be the responsibility of the original waste producer or other waste holder to carry out the treatment of waste himself or herself or have the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector in accordance with section 21A and subsection (1).
(b) The Agency, the local authorities and Dublin City Council shall take the necessary measures to ensure that, within their territory or area of responsibility, the establishments or undertakings which collect or transport waste on a professional basis deliver the waste collected and transported to appropriate treatment installations in accordance with subsection (1).]
(2) A person shall not, save in such circumstances as may be specified under subsection (4), transfer the control of waste to any person other than an appropriate person.
F99[(2A)(a) When the waste is transferred from the original waste producer or waste holder to an appropriate person for preliminary treatment, the responsibility for carrying out a complete recovery or disposal operation shall not be discharged as a general rule.
(b) Without prejudice to the TFS Regulation, the Agency and Dublin City Council, as the case may be, may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases the responsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.
(2B) The Minister or any Minister of the Government concerned may, in carrying out their functions under this Act, decide, by measures taken to give effect to Article 8 of the Waste Directive, that the responsibility for arranging waste management is to be borne partly or wholly by the producer of the product from which the waste came and that distributors of such product may share this responsibility.]
(3) A holder of waste shall, without delay, inform—
(a) the local authority in whose functional area the loss, spillage, or other matter mentioned in this subsection occurs, or
(b) in the case of hazardous waste, both the said local authority and the Agency,
of any loss, spillage, accident or other development concerning that waste which causes, or is likely to cause, environmental pollution.
(4) The Minister may by regulations—
(a) provide that the holder of a specified class or classes of waste shall 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 holding by him or her of the waste,
(b) provide that on the transfer of waste, in specified circumstances, the holder of the waste shall provide to the transferee specified particulars in writing of the waste so as to enable that person to avoid a contravention of the relevant provisions of this Act,
(c) provide that subsection (2) shall not apply in specified circumstances.
(5) In this section “an appropriate person” means a local authority, the corporation of a borough that is not a county borough, the council of an urban district, or a person otherwise authorised under and in accordance with this Act or the Act of 1992 F100[(including a dealer)] to undertake the collection, recovery or disposal of the class of waste in question.
(6) (a) A person who contravenes subsection F101[(1), (1A)(a), (2)] or (3) or a provision of regulations under subsection (4) shall be guilty of an offence.
(b) In a prosecution for a contravention of subsection (1), it shall be a good defence to prove that the activity concerned was carried on in accordance with a waste collection permit or waste licence under this Act F102[, a permit, authorisation or certificate referred to in section 39(5)(c) (inserted by Statutory Instrument No. 166 of 1998)] or a licence or revised licence F103[for an integrated pollution control activity] under Part IV of the Act of 1992.
F102[(c) In a prosecution for a contravention of subsection (1), where it is proved that—
(i) a waste collection permit or waste licence under this Act, a permit, authorisation or certificate referred to in section 39(5)(c) or a licence or revised licence under Part IV of the Act of 1992 was required for the carrying on of the activity concerned, and
(ii) such a permit, licence, authorisation or certificate was not in force in respect of the carrying on of that activity or was not being complied with in any respect,
then it shall be presumed, until the contrary is shown, that the carrying on of that activity was likely to cause environmental pollution.]
(7) F104[…]
Annotations
Amendments:
F98
Substituted and inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(a).
F99
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(b).
F100
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(c).
F101
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(d).
F102
Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 29, S.I. No. 498 of 2003.
F103
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 26.
F104
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(e).
Editorial Notes:
E315
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.
E316
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E317
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).
E318
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E319
Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).
E320
Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).
E321
Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).
E322
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).
E323
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.
E324
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).
E325
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.
E326
Contraventions under subss. (1) and (3) 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).
E327
Responsibility for enforcement of obligations imposed by section assigned to local authorities or the Agency, as the case may be, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 40(1)(b), in effect as per reg. 2.
E328
Offence under subs. (6) 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.
E329
Offence under subs. (6) 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).
E330
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.
E331
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.
E332
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).
E333
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).
E334
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).
E335
Previous affecting provision: contraventions under subss. (1) and (3) 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).
E336
Previous affecting provision: application of subs. (2) restricted (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), reg. 5, in effect as per reg. 1(2); deleted (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), reg. 12.
Collection of waste.
33.—(1) (a) Each local authority shall collect, or arrange for the collection of, household waste within its functional area.
(b) The corporation of a borough (other than a county borough) or the council of an urban district may collect, or arrange for the collection of, household waste.
(2) Subsection (1) (a) shall not apply to household waste in any part of a local authority’s functional area to the extent that any of the conditions mentioned in subsection (3) applies to that part or, as appropriate, to that household waste.
(3) The conditions referred to in subsection (2) are—
(a) an adequate waste collection service is available in the part concerned of the local authority’s functional area,
(b) the estimated costs of the collection of the waste concerned by the local authority would, in the opinion of the authority, be unreasonably high,
(c) the local authority is satisfied that adequate arrangements for the disposal of the waste concerned can reasonably be made by the holder of the waste.
(4) A local authority may collect, or arrange for the collection of waste, other than household waste.
(5) A local authority may enter into arrangements with one or more other local authorities, or with one or more other persons, for the collection on its behalf by the said authority or authorities or, as the case may be, by the said person or persons, of waste in its functional area or in a part or parts of that area.
(6) Notwithstanding any other provision of this Act, a local authority shall be under no duty to collect, or arrange for the collection of, waste from any person—
(a) if any provision of bye-laws under section 35 regarding the presentation of the waste for collection is not complied with F105[(and, for the avoidance of doubt, such a provision includes the provision referred to in section 35(3)(gg))], or
F105[(aa) if any provision of an order under section 75(10) in relation to the waste is not complied with, or
(aaa) if that person has failed to pay a charge made under section 75 or the Local Government (Financial Provisions) (No. 2) Act 1983 in respect of the collection of the waste concerned, or]
(b) if the waste contains any product or substance or packaging therefor in contravention of regulations under section 29.
(7) Waste collected or recovered by a local authority shall become the property of the authority.
(8) (a) A person shall not, without lawful authority, disturb, interfere with or remove—
(i) anything deposited at a facility provided by or on behalf of a local authority or an authorised waste collector for the deposit or storage of waste, or any plant, including any receptacles therein,
(ii) anything deposited in a receptacle for waste, whether such receptacle is for the use by members of the public or otherwise.
(b) A person shall not obstruct or interfere with the collection of waste by a local authority or an authorised waste collector.
(c) A person who contravenes paragraph (a) or (b) shall be guilty of an offence.
(9) For the purpose of this section, other than subsection (1), “local authority” includes the corporation of a borough of any kind and the council of an urban district.
Annotations
Amendments:
F105
Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 30, S.I. No. 393 of 2003.
Waste collection permits.
34.—(1) F106[(a) Subject to paragraph (b), a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business, F107[collect or transport waste], on or after such date as may be prescribed, save under and in accordance with a permit (in this Act referred to as a “waste collection permit”) granted by—
(i) the local authority in whose functional area the waste is collected,
(ii) such other local authority as stands nominated for the purpose in accordance with paragraph (aa), or
(iii) such other body or bodies as may be prescribed.
(aa) Where two or more local authorities—
(i) have jointly made, or propose jointly to make, a waste management plan under section 22(3), or
(ii) are otherwise cooperating with one another to achieve common objectives with respect to waste management in their functional areas,
the local authorities may or shall, if the Minister requires them to do so, decide that, for the purposes of the said plan or the achievement of the said objectives, one of them shall perform each of F107[the functions under this section or section 34A in relation to waste collection permits or review of waste collection permits] with respect to each of their functional areas and, accordingly, nominate that local authority for that purpose.]
(b) The Minister may make regulations providing that paragraph (a) shall not apply in respect of the F107[collection or transport of waste] where such F107[collection or transport] is carried out in compliance with such requirements (which may include a requirement as to the entry of specified particulars concerning the person carrying out the F107[collection or transport] in the register maintained by the local authority concerned under section 19) as are specified in the regulations.
(c) A person who contravenes paragraph (a) or any requirement of regulations under paragraph (b) shall be guilty of an offence.
F108[(1A) In this section—
“waste” means different waste, including household waste, or a class or classes of waste as may be prescribed;
“household waste” means different household waste or a class or classes of household waste as may be prescribed.]
(2) (a) The Agency may give such guidance or directions to a local authority or local authorities generally as it considers appropriate in relation to the control to be exercised or the measures to be taken by it or them of, or with regard to, the F109[collection or transport of hazardous waste] by persons in its or their functional area or areas or the grant by it or them of waste collection permits in respect of such waste.
(b) A local authority shall have regard to any guidance and comply with any direction given to it under paragraph (a) in performing any of its functions under this section or section 33, as appropriate.
(3) On an application being made to a local authority for the grant of a permit under this section, the authority may decide to grant the permit, subject to, or without, conditions or to refuse to grant the permit.
F110[(4) A local authority shall not grant a waste collection permit unless it is satisfied that—
(a) the applicant is a fit and proper person within the meaning of section 34D to hold a waste collection permit, and
(b) the activity concerned would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and the implementation of that plan.]
(5) (a) Without prejudice to subsections F111[(3) and (4)], an application for a waste collection permit may be refused, or a waste collection permit may be revoked F112[under section 34A], if the applicant, permit holder or any other relevant person has been convicted of an offence under this Act prescribed for the purposes of this subsection, or of an offence under any other enactment, or instrument under an enactment, as may be so prescribed.
(b) The reference in paragraph (a) to a relevant person is a reference to a person whom the local authority determines to be relevant for the purposes of considering the application concerned or, as the case may be, of deciding whether to revoke the waste collection permit, having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.
(6) F113[…]
F114[(7) (a) Conditions attached to a waste collection permit shall specify the requirements to be complied with by the holder of the permit (“permit holder”) in respect of the activities to which the permit relates (“activities concerned”).
(b) Conditions may, or, if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:
(i) weighing of household waste collected or transported;
(ii) reporting of the weight of household waste collected or transported to the person who presents the household waste for collection being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste (“person who presents household waste for collection”);
(iii) subject to paragraph (f)(i) and (ii), charging of fees for household waste collection or transport services;
(iv) in relation to collection of household waste, preparing and publishing a customer charter and its form and content;
(v) providing information to the person who presents household waste for collection that identifies the vehicle used for that collection;
(vi) requiring that waste is segregated before it can be collected or transported;
(vii) providing separate receptacles for different household waste;
(viii) collection or transport of different household waste at specified frequencies;
(ix) with regard to persons from whom household waste is collected by an authorised waste collector, providing the following information to the local authority, when requested to do so under section 18, regarding collections of household waste from those persons—
(I) details of the collection of separate classes of household waste,
(II) details of persons who choose not to partake in the collection of separate classes of household waste,
(III) details of when household waste was last collected, and
(IV) written confirmation of the structure of the fees being charged to the person from whom the waste is collected, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection of household waste.
(c) Conditions may, or if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall also be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:
(i) waste which may be collected;
(ii) separate collection of waste;
(iii) prohibition of certain practices by a permit holder in order that waste which has been segregated prior to collection or transport does not become unsuitable for recycling or recovery;
(iv) the place to which waste is required to be delivered for preparation for reuse, recovery or disposal;
(v) methods, receptacles (including skips and skip bags) and vehicles to be employed by a permit holder in the collection or transport of waste, including requirements regarding dimensions of receptacles, care and disposal of the contents of the receptacles, the periods during which receptacles may be left in a public place, the locations from which different receptacles may be collected, the supervision by the permit holder of their use and the restriction to such persons as may be prescribed of the placing in or removal from any place of receptacles;
(vi) the display of identifying marks or colours on a receptacle or vehicle referred to in subparagraph (v);
(vii) complying with technical, environmental, inspection or safety measures or standards (including standards regarding the presentation, segregation, weighing, packaging or labelling of waste);
(viii) keeping and preserving of records and supplying information to the local authority, or any other person as may be prescribed, in relation to the activities concerned;
(ix) effecting and maintaining a policy of insurance insuring the permit holder as respects any liability on his or her part to pay damages or costs on account of injury to a person or property arising from the activities concerned;
(x) matters consequent on measures that may be taken under section 35;
(xi) matters consequent on measures that may be taken under Part II;
(xii) matters consequent on giving effect to Community Acts;
(xiii) information to be furnished to customers (including providing information to customers on the presentation, segregation, packaging or labelling of waste or the charges payable for its collection or transport);
(xiv) matters consequent on the implementation and demonstration of the implementation of the waste hierarchy referred to in section 21A;
(xv) undergoing specified training in relation to the activities concerned;
(xvi) inspecting and acceptance of waste by a permit holder;
(xvii) effecting and maintaining an environmental management system, within the meaning of section 27, in respect of the activities concerned;
(xviii) the hours between which waste concerned may be collected in specified areas;
(xix) effecting and maintaining a customer complaint management system;
(xx) preventing the occurrence of littering from vehicles in the course of the activities concerned;
(xxi) having information, in such form as may be specified in a waste collection permit, to accompany and be carried in the vehicle transporting the waste;
(xxii) as respects contamination that may be caused by the incorrect separation of household waste from other waste in receptacles for segregated household waste—
(I) monitoring by a permit holder of levels of contamination,
(II) recording and maintaining specified data on levels of contamination,
(III) training to be provided for staff of a permit holder in relation to monitoring contamination, or
(IV) protocols and procedures where contamination is detected by the collector, including for informing the person who presents household waste for collection or non-collection of the receptacle.
(d) Conditions shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:
(i) collection only of a European Waste Catalogue waste type specified on the waste collection permit;
(ii) deposit of waste only at a facility specified on the waste collection permit;
(iii) use only of a vehicle specified on the waste collection permit for the collection of waste;
(iv) carrying of a copy, in a form specified in the permit, of the waste collection permit on each vehicle;
(v) display of the permit holder name or number on promotional material, vehicles, skips, receptacles or bags of the permit holder;
(vi) submission of specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit;
(vii) where a weighing system is used to determine weight-based collection charges, submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste collection permit.
(e) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer or by the current or previous waste holders, shall make regulations prescribing a requirement for attachment of a condition to a waste collection permit that a permit holder shall charge fees for the collection or transport of household waste.
(f) Regulations under paragraph (e) shall provide for the means by which fees for collection or transport of household waste shall be calculated by a permit holder and shall require a permit holder to—
(i) charge a fee for each kilogramme of household waste collected or transported which fee shall only be calculated by reference to weight of household waste collected and transported, and for the avoidance of doubt, methods of calculation of a fee based on pay by lift or throw, tags or a flat-rate shall not be considered to be calculated by reference to weight of waste collected,
(ii) charge a service fee, as considered appropriate by the permit holder (including a nil fee), in addition to the fee referred to in subparagraph (i),
(iii) demonstrate by prescribed means if the fees charged for collection or transport of waste incentivise household waste prevention and household waste segregation, and
(iv) furnish to an authorised person, information in a prescribed form, regarding the billing system used by the permit holder in respect of fees referred to under subparagraph (i) or (ii).
(g) (i) For the purposes of paragraph (f)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its collection from the person who presented that waste for collection, its delivery to an authorised facility by a permit holder and its final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.
(ii) The Minister shall review the costs of managing household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).
(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under subparagraph (i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.]
(8) (a) A local authority, before making a decision in relation to an application made to it for the grant of a waste collection permit, shall consider any submissions made to it under and in accordance with regulations under subsection (11) in relation to the application.
(b) A local authority shall, if it decides—
(i) to grant F115[…] a waste collection permit, or
(ii) to refuse to grant F115[…] such a permit,
forthwith notify the applicant therefor F115[…] of the decision and the reasons for the decision.
(9) (a) An applicant for F116[…] a waste collection permit may, within one month of the date of a notice under subsection (8), appeal against the decision of the local authority concerned to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.
(b) On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority concerned as he or she thinks proper in relation to the grant F116[…] of a waste collection permit F116[…].
(10) A contravention of any provision of section 32 or 39, or of any condition of a waste collection permit, by any person employed by or on behalf of, or otherwise carrying out any waste collection activity for, or on behalf of, the holder of the permit, shall be deemed to also be a contravention of the provision or condition, as the case may be, by that holder.
F117[(10A) A person who, under this section furnishes information to a local authority which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.]
(11) (a) The Minister may make regulations for the purpose of this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters—
(i) the form in which an application for the grant of a waste collection permit (“a permit”) shall be made and the form of a permit;
F118[(ia) prescribing a class or classes of waste or household waste for purposes of a waste collection permit or conditions that may or shall be attached to that permit, including by reference to the nature or quantity of the waste, its presentation for collection or whether it is to be segregated;]
(ii) information and particulars to be submitted by an applicant for the grant of a permit, and verification of such information and particulars;
(iii) specifying the period within which an application for the grant of a permit shall be dealt with by a local authority;
(iv) matters in respect of which a local authority must be satisfied prior to the granting of a permit;
F119[(v) requiring a local authority to attach specified conditions to a permit, including a condition referred to in subsection (7)(b) or (c) ;]
(vi) specifying conditions that a local authority may attach to a permit;
F120[(via) for the purposes of subsection (7), prescribing any matter referred to in that subsection as prescribed or to be prescribed;]
(vii) F121[…]
(viii) the making available for inspection by members of the public of an application for the grant of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;
(ix) the publication by a local authority of decisions made by it in relation to permits;
(x) requiring an applicant for the grant of a permit to defray, or contribute towards, any costs incurred by the local authority concerned in carrying out an investigation in relation to the F122[application;]
F123[(xi) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of this section and the regulations.]
(12) The collection of waste shall, in the period before a waste collection permit in relation to such collection is granted or refused, be deemed not to have contravened the provisions of this section if, before the date prescribed under subsection (1) (a), an application has been made for a waste collection permit in respect of such collection and the requirements of regulations under subsection (11) in relation to the application have been complied with by the applicant therefor.
F124[(13) (a) The reference in subsection (1)(a) to a local authority, where it first occurs, shall be construed as including a reference to the corporation of a borough of any kind and the council of an urban district.
(b) Each other reference in this section (other than subsections (1)(aa) and (4)) to a local authority shall be construed as including a reference to a body standing prescribed for the purposes of subsection (1)(a)(iii).
F125[(c) If a body stands prescribed for the purposes aforesaid, then this section shall have effect, in so far as it relates to such a body, as if the following subsection was substituted for subsection (4):
“(4) A body standing prescribed for the purposes of subsection (1)(a)(iii) shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan as the case may be.”.]]
Annotations
Amendments:
F106
Substituted and inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(a), commenced on enactment.
F107
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(a), S.I. No. 358 of 2015.
F108
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(b), S.I. No. 358 of 2015.
F109
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(c), S.I. No. 358 of 2015.
F110
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(d), S.I. No. 358 of 2015.
F111
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(i), S.I. No. 358 of 2015.
F112
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(ii), S.I. No. 358 of 2015.
F113
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(f), S.I. No. 358 of 2015.
F114
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(g), S.I. No. 358 of 2015.
F115
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(h), S.I. No. 358 of 2015.
F116
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(i), S.I. No. 358 of 2015.
F117
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(j), S.I. No. 358 of 2015.
F118
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(i), S.I. No. 358 of 2015.
F119
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(ii), S.I. No. 358 of 2015.
F120
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iii), S.I. No. 358 of 2015.
F121
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iv), S.I. No. 358 of 2015.
F122
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(v), S.I. No. 358 of 2015.
F123
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(vi), S.I. No. 358 of 2015.
F124
Substituted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(b), commenced on enactment.
F125
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 31(b), S.I. No. 393 of 2004.
Modifications (not altering text):
C12
Application of subs. (1)(a) restricted (1.07.2010) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009), reg. 7(2), in effect as per reg. 4(2), as amended (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015), reg. 3(b).
Food waste arising on a producer’s premises
7. …
(2) Section 34(1)(a) of the Act shall not apply in respect of—6
[(a) a producer, authorised, registered or approved under the European Union (Animal By-Products) Regulations 2014, or]
(b) a producer transferring source segregated food waste arising on his premises for the purposes of an authorised treatment process in accordance with paragraph (1)(b) (iii), provided that the vehicle used for the transfer is—
(i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC6 , and
(ii) facilitating the transfer of the waste for the purposes of an authorised treatment process, and
(iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and, as appropriate,
(iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992.
…
C13
Application of subs. (1)(a) restricted (26.09.2008) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 43, in effect as per regulation.
Non-application of section 34(1)(a) of the Act
43. (1) Without prejudice to regulation 21(1)(b)(ii), on and from 26 September 2008, section 34(1)(a) of the Act shall not apply in respect of the transport of waste batteries undertaken by a—
(a) distributor, registered or exempted from registration in accordance with the provisions of regulation 42—
(i) taking back waste batteries or, as appropriate,
(ii) depositing waste batteries at a collection point, that was accepted free of charge in accordance with the provisions of regulation 21 and is managed in accordance with the provisions of regulation 22,
(b) person or persons, acting on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number, or
(c) person or persons, acting on behalf of a workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of regulation 25(c) provided that the waste batteries are transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), other than a vehicle designed for the carriage of a skip or other demountable container.
(2) the exemptions provided for in sub-regulation(1) shall not apply—
(a) to contaminated waste batteries that present 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.
C14
Application of subs. (1)(a) restricted (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 30, in effect as per reg. 1(2), as amended (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008), reg. 2(n).
Non-application of section 34(1)(a) of the Act
30. (1) Notwithstanding the additional requirements applicable to the relevant exemptions as imposed under sub-article 30(2), section 34(1)(a) of the Act shall not apply in respect of—
(a) the gathering, sorting or mixing of waste—
(i) on the premises at which the waste arose, or
(ii) which is carried on in accordance with a waste licence, a waste facility permit, a certificate of registration or an IPPC licence that is for the time being in force,
(b) the collection and transport of non-hazardous waste, other than under the conditions described in paragraph (k)(i) by a person where—
(i) such transport is incidental to the main business activity of the person concerned, and
(ii) the quantity of waste transported by the person concerned is equal to or less than 2 tonnes other than waste which is transported in, or on, a vehicle designed for the carriage of a skip or other demountable container,
(c) the collection and transport of waste, returned or recovered refrigerant gases in refrigerant containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000 and Regulation (EC) No. 842/2006, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered refrigerant gases in accordance with the relevant legislative requirements for the specific refrigerant gas type,
(iii) the quantity of waste, returned or recovered refrigerant gas transported in refrigerant containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the refrigerant gases is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) no mixing of different refrigerant gas types occurs,
(vii) the transport of the waste, returned or recovered refrigerant gases in refrigerant containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(viii) the waste, returned or recovered refrigerant gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with the relevant legislative requirements for the specific refrigerant gas type,
(d) the collection and transport of waste, returned or recovered halons in halon containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered halons in accordance with Regulation (EC) No. 2037/2000,
(iii) the quantity of waste, returned or recovered halons transported in halon containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the halons in halon containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) the transport of the waste, returned or recovered halons in halon containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(vii) the waste, returned or recovered halon gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 2037/2000,
(e) the collection and transport of waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers where recovery has the meaning assigned to it under Regulation (EC) No. 842/2006, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered fluorinated greenhouse gases in accordance with Regulation (EC) No. 842/2006,
(iii) the quantity of waste, returned or recovered fluorinated greenhouse gas transported in fluorinated greenhouse gas containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the fluorinated greenhouse gas in fluorinated greenhouse gas containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) the transport of the waste, returned or recovered fluorinated greenhouse gas in fluorinated greenhouse gas containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(vii) the waste, returned or recovered fluorinated greenhouse gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 842/2006,
(f) the collection and transport of specified risk material, or protein or tallow obtained from the rendering of specified risk material, under and in accordance with a licence granted under Regulation 10 of the European Communities (Specified Risk Material) Regulations, 2000 (S.I. No. 332 of 2000),
[(g) the collection and transport of animal by-products, other than catering waste, within the meaning of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 ( S.I. No. 612 of 2006 ), subject to any amendment that may be made to those regulations from time to time,]
(h) the collection and transport of packaging waste by a major producer, within the meaning of the Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003) as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004) and the Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), under and in accordance with, articles 5(1)(a) and 9(1)(e) of those Regulations, subject to any amendment that may be made to those Regulations from time to time,
(i) collection and transport of farm plastic waste by a producer within the meaning of the Waste Management (Farm Plastics) Regulations, 2001 (S.I. No. 341 of 2001), under and in accordance with article 4 of those Regulations, subject to any amendment that may be made to those Regulations from time to time,
(j) the collection of waste at a bring facility,
(k) the collection and transport of waste electrical and electronic equipment by—
(i) any—
(I) person or persons in accordance with the provisions of article 38 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005);
(II) producer as defined in section 53G of the Act, from a final user other than a private household, for the purposes of fulfilling his or her obligations in accordance with the provisions of article 17(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) and provided the quantity of waste concerned is equal to or less than 0.5 tonnes,
(III) final user other than other than a private household for the purposes of—
(A) fulfilling his or her obligations in accordance with the provisions of article 17(2) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), or as appropriate,
(B) transporting waste electrical and electronic equipment to a collection point designated by a producer as defined in section 53G of the Act where alternative financial arrangements have been made in accordance with the provisions of article 18(1) 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 the those Regulations from time to time and provided the quantity of waste concerned is equal to or less than 0.5 tonnes, or as appropriate,
(ii) person or persons acting on behalf of or in conjunction with an authorised treatment facility where the waste electrical and electronic equipment concerned will be treated in accordance with the technical requirements as set out in the seventh schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) for the purposes of raising awareness, or as appropriate, targeting specific categories of waste electrical and electronic equipment subject to the approval of the Minister and shall be subject to such conditions as the Minister may specify, including but not exclusively—
(I) the period of approval which shall be for a period of not more than 6 months,
(II) the use of logos adopted by the Minister,
(III) the nature of information to recorded and maintained by the authorised treatment facility concerned, or as appropriate
(IV) provided to the Agency, or as appropriate, any local authority
(V) variance in the terms and conditions of approval, and
(VI) revocation of approval,
subject to any amendment that may be made to those Regulations from time to time.
(l) the collection and transport of waste, other than in a vehicle designed for the carriage of a skip or other demountable container, undertaken by or on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, provided that, in the case of waste electrical and electronic equipment, the activity is confined to the transport of waste electrical and electronic equipment listed within the first schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), other than waste electrical and electronic equipment listed within Category 5 of that schedule.
(m) the collection of waste at a central collection point by, or on behalf of a local authority, or with the approval of a local authority, where such collection is undertaken by, or on behalf of, a community group,
(2) The exemptions provided for in sub-articles
(a) 1(j) and 1(k) shall not apply—
(i) to contaminated waste electrical and electronic equipment that presents a health and safety risk,
(ii) unless transport of the waste electrical and electronic equipment is to an authorised facility where it will be stored in accordance with the requirements of Annex III of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, and
(iii) unless the waste electrical and electronic equipment will be reused or eventually be treated at an appropriate facility in accordance with the technical requirements of Annex II of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, or as appropriate,
(b) 1(b), 1(g), 1(h), 1(i), 1(j), 1(k) and 1(l) shall not apply to any person or persons that is not fulfilling his or her producer responsibility obligations, where applicable, provided for in Regulations made in accordance with Part III, or as appropriate, Part VA, Part VB 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,
(c) 1(b) to 1(l) inclusive shall not apply in respect of the collection and transport of waste in any vehicle that is not—
(i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC, and
(ii) facilitating the transfer of the waste to an authorised facility, and
(iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and as appropriate,
(iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992.
Editorial Notes:
E337
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.
E338
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E339
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).
E340
Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).
E341
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E342
Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).
E343
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E344
Offence 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(d).
E345
Provisions concerning costs of certain proceedings relating to waste collection permits 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.
E346
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E347
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).
E348
Offence under subs. (1) 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.
E349
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).
E350
Offence under subs. (1) prescribed as offence for purposes of subs. (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).
E351
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).
E352
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.
E353
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.
E354
Previous affecting provision: application of subs. (1)(a) restricted (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 41, 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. 41, in effect as per reg. 45.
E355
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.
E356
Previous affecting provision: application of subs. (1)(a) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 43, in effect as per regulation; revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 49(1), with effect from date specified in reg. 3, as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E357
Previous affecting provision: power 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.
E358
Previous affecting provision: application of subs. (1)(a) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 43, in effect as per regulation; revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 49(1), with effect from date specified in reg. 3, as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E359
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).
E360
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).
E361
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).
E362
Previous affecting provision: application of subs. (1)(a) restricted (13.08.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), reg. 38, 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.
E363
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.
E364
Previous affecting provision: subs. (4) substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 31(a), S.I. No. 393 of 2004; substituted as per F-note above.
E365
Previous affecting provision: offence under subs. (6) 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).
E366
Previous affecting provision: application of subs. (1)(a) restricted (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 22; 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 para. (2).
E367
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), reg. 2(1) and sch. 1, in effect as per reg. 1(2); subject to transitional provision in reg. 2(2).
E368
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).
E369
Previous affecting provision: withdrawal of application deemed refusal by local authority for purposes of subs. (12) (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 28(3); 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 para. (2).
E370
Previous affecting provision: application of subs. (1)(a) restricted (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), reg. 6(2), in effect as per reg. 1(2); deleted (30.11.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 29, in effect as per regulation.
6 O.J. L 114, 27.04.2006, p 9.
6 O J L 114, 27.04.2006, p 9.
F126[
Review of waste collection permit
34A. (1) A local authority may review a waste collection permit, or a waste collection permit amended under this section—
(a) at any time after the permit was granted or amended, or
(b) on an application in that behalf being made by the holder of the permit (“permit holder”).
(2) A local authority shall review a waste collection permit or a waste collection permit amended under this section where—
(a) the permit holder has been convicted of an offence prescribed under section 34(5),
(b) the local authority believes that the permit holder is contravening or has contravened a condition of a waste collection permit attached to that permit under section 34(7)(b) (other than a condition attached under subparagraph (v) of that section 34(7)(b)), or
(c) the local authority believes that the permit holder, during a 5 year period beginning on the date of the first such contravention, is contravening or has contravened three different conditions attached, under subparagraph (v) of paragraph (b) or paragraph (c) or (d) of section 34(7), to a waste collection permit granted to that permit holder.
(3) For the purposes of a review under this section, a local authority, by notice in writing, may request information or further information from the permit holder, the local authority concerned, the Agency, or any other person who the local authority wishes to consult, and the permit holder, local authority concerned, Agency or other person shall furnish that information or further information within the period stated in the notice.
(4) A local authority having reviewed a waste collection permit under subsection (1)(a) or considered an application under subsection (1)(b) and any information or further information furnished under subsection (3), and determined whether it is satisfied regarding the same matters in relation to which the authority is required to be satisfied for the purposes of a grant of an application under section 34, shall make a decision in relation to the review.
(5) The decision of the local authority referred to in subsection (4) may be to—
(a) amend a permit, including amending conditions attached to the permit or removing the authorisation under the permit to collect certain classes of waste, including removing the authorisation relating to a vehicle which, the authority is satisfied, is the cause of a contravention of a condition attached to a waste collection permit under subparagraph (i), (ii) or (iii) of section 34(7)(b),
(b) direct measures to be taken by the permit holder within a period specified in the notice under subsection (7), including to direct the permit holder to submit an application for a waste collection permit under section 34,
(c) terminate the review without amending the waste collection permit, or
(d) revoke the waste collection permit where the local authority decides that the permit holder—
(i) is not a fit and proper person within the meaning of section 34D,
(ii) has failed or neglected to take the measures required under paragraph (b), or
(iii) offered to surrender the permit and such offer is acceptable to the local authority.
(6) For the purposes of subsection (5)(a), section 34 applies, with any necessary modifications, to the attaching of a condition that may be or, as the case may be, is required to be attached to a permit following a decision of a local authority under that subsection as it applies to the attaching to a permit granted under section 34 of those conditions.
(7) The local authority, as soon as possible after its decision under subsection (4), and in any event not later than 14 days after that decision, shall give notice in writing to the permit holder or, as the case may be, person whose waste collection permit has been revoked, of the decision, the reasons therefor, that the decision may be appealed and that the decision shall be suspended, until the decision becomes final under subsection (8), or the disposal of an appeal under subsection (9).
(8) (a) If, on the expiration of the period of 28 days beginning on the date of the notice under subsection (7), no appeal under subsection (9) is made, the decision of the local authority under subsection (4) shall be final.
(b) If, following an appeal under subsection (9), the District Court gives directions to the local authority under subsection (9)(b), the decision of the local authority under subsection (4) is suspended until the local authority complies with the direction.
(9) (a) A permit holder or, as the case may be, person whose waste collection permit has been revoked, within 28 days of the date of a notice under subsection (7), may appeal against the decision of the local authority to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.
(b) On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority as he or she thinks proper in relation to the revocation of a waste collection permit or the amendment of conditions attached to such a permit.
(10) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management responsible for prosecuting an offence prescribed under section 34(5) shall, if applicable, inform a local authority as soon as practicable if a permit holder is convicted of the offence.
(11) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management shall inform a local authority where it appears to the local authority concerned, the Agency or body that a condition of a waste collection permit under paragraph (b), (c) or (d) of section 34(7) is being or has been contravened.
(12) The Minister may make regulations for the purposes of this section providing for any of the following matters:
(a) procedures to be followed by a local authority with regard to the initiating and conducting of reviews;
(b) specific circumstances whereby a waste collection permit holder may apply to have their permit reviewed;
(c) matters in relation to which the authority shall be satisfied before accepting the surrender of a permit;
(d) the time within which reviews shall be carried out;
(e) procedures to be followed in relation to the furnishing of information under subsection (3);
(f) information to be furnished by a permit holder relating to compliance with a waste collection permit or measures directed under subsection (5)(b) ;
(g) procedures to be followed in relation to the furnishing of information under subsection (10) or (11);
(h) amendment of any entry in the register maintained by a local authority under section 19 concerning a waste collection permit that may be required following a review under this section;
(i) such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purposes of this section.
(13) A person who, under this section furnishes information to a local authority or to a local authority concerned which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.
(14) In this section reference to “local authority concerned” means a local authority (first-mentioned local authority) who has nominated another local authority under section 34(1)(aa) to perform functions under section 34 and this section in relation to waste collection permits or review of waste collection permits in respect of the functional area of the first-mentioned local authority.]
Annotations
Amendments:
F126
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 38, S.I. No. 358 of 2015.
Editorial Notes:
E371
The section heading is taken from the amending section in the absence of one included in the amendment.
F127[
Transfer of a waste collection permit
34B. (1) In this section and sections 34C and 34D “nominated authority” means a local authority nominated under section 34(1)(aa)(ii).
(2) A waste collection permit may be transferred to another person in accordance with this section.
(3) Where the authorised waste collector intends that the waste collection permit be transferred to another person (in this section referred to as “the proposed transferee”), the authorised waste collector and the proposed transferee shall jointly make an application to the nominated authority requesting that such a transfer be effected by the authority.
(4) An application under subsection (3) 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 collection permit concerned.
(5) The nominated authority may require the provision of such further information by the authorised waste collector or the proposed transferee as it considers appropriate for the purposes of considering an application made under subsection (3).
(6) If, on consideration of an application under subsection (3), and any relevant information provided in respect thereof, the nominated authority is satisfied that the proposed transferee would, if he or she were an applicant for the waste collection permit, be regarded by it as a fit and proper person within the meaning of section 34D to be granted, under section 34, a like waste collection permit to the waste collection permit concerned, it shall effect a transfer of the waste collection permit to the proposed transferee in such manner as may be prescribed.
(7) A person to whom a waste collection permit 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 waste collection permit, including all conditions attached to the permit, regardless of how and in respect of what period, including a period before the transfer of the waste collection permit, they may arise.
(8) The Minister may make regulations in relation to all or any of the following matters:
(a) the form in which an application for the transfer of a permit shall be made;
(b) information and particulars to be submitted with an application for the transfer of a permit and verification of such information and particulars;
(c) specifying the period in which an application for a transfer of a permit shall be dealt with by a nominated authority;
(d) the making available for inspection by members of the public of an application for the transfer of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;
(e) the manner of transfer of a waste collection permit;
(f) the publication by the nominated authority of decisions made by it in relation to the transfer of permits;
(g) requiring the proposed transferee to defray, or contribute towards, any costs incurred by the nominated authority concerned in carrying out an investigation in relation to the application.]
Annotations
Amendments:
F127
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.
Editorial Notes:
E372
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
F128[
Information required by authorised persons or nominated authority
34C.(1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to in subsection (7) request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to in subsection (3), as is specified in the notice (in this section referred to as the ‘specified information’).
(2) Where an authorised person or a nominated authority makes a request under subsection (1), the relevant person to whom the notice is given shall provide the specified information within the period of 14 days beginning on the date of the notice.
(3) A local authority or, as the case may be, a nominated authority, may specify all or any of the following information in a notice under subsection (1):
(a) details in the possession or control of the relevant person of the address (including the postcode (if any) within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011) of every person who has household waste collected by an authorised waste collector or who deposits household waste at a facility;
(b) in relation to each such person referred to in paragraph (a) who has household waste so collected or who deposits household waste at a facility:
(i) the name of every person availing of a household waste collection service;
(ii) any unique identification number which the authorised collector has assigned to a person availing of a household waste collection service;
(iii) details of the separate collection or deposition of separate collection of household waste;
(iv) details of when household waste or classes of household waste were last collected or deposited;
(v) details of the structure of the fees charged to the person from whom the household waste is collected or depositing the waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection from or deposition by that person of household waste.
(4) The specified information to be provided by a relevant person pursuant to a notice under subsection (1) shall be provided in such form and manner as may be specified by the local authority or, as the case may be, the nominated authority in the notice.
(5) Where a relevant person fails to provide the information requested in a notice given under subsection (1) by a local authority—
(a) in the form and manner requested, or
(b) within the time limit referred to in subsection (2),
the local authority shall notify the nominated authority as soon as is reasonably practicable, in such form as is specified by the nominated authority, of the breach of a waste collection permit condition under section 34(7)(b)(ix) or of a condition of a licence under section 41(3)(d)(va).
(6) In this section ‘relevant person’ means—
(a) an authorised waste collector, or
(b) the holder (other than a local authority) of a waste licence or such other authorisation or certificate which accepts household waste directly from a person.
(7) Each local authority or, as the case may be, a nominated authority shall maintain a register of persons availing of a household waste collection service for the purpose of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act relating to household waste.
(8) The register maintained under subsection (7) shall include—
(a) such information referred to in sections 34(7)(b)(ix), 39(5B)(ee) and 41(3)(d)(va) received by a local authority or, as the case may be, nominated authority, and
(b) such information received by a local authority or, as the case may be, nominated authority pursuant to a notice under subsection (1),
as relates to waste services provided by or on behalf of a local authority for the collection of household waste.]
Annotations
Amendments:
F128
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.
F129[
Fit and proper person
34D. (1) For the purposes of sections 34, 34A and 34B a person is a fit and proper person if—
(a) neither that person nor any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate, has been convicted—
(i) summarily of an offence under—
(I) subsection (6) of section 32 consisting of a contravention of subsection (1) of that section, or
(II) section 55(8),
or
(ii) on indictment of an offence under this Act, the Environmental Protection Agency Acts 1992 to 2011, the Local Government (Water Pollution) Acts 1977 to 2007, or the Air Pollution Acts 1987 and 2011,
(b) in the reasonable opinion of the nominated authority, that person or, as appropriate, any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate has the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act,
(c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity,
(d) that person has not had a waste collection permit revoked under section 34A, other than where the permit was surrendered, and
(e) that person has not had an order made against him or her under section 57 or 58.
(2) The Minister may make regulations providing for requirements in relation to the requisite technical knowledge or qualifications to carry on the activity to which the waste collection permit relates in accordance with the permit and any other requirements of this Act.]
Annotations
Amendments:
F129
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.
Presentation of waste for collection.
35.—(1) Whenever a local authority considers that, for the purpose of the proper management of waste or the prevention or control of environmental pollution, it is necessary so to do, it may, subject to subsection (5), make bye-laws—
(a) requiring a holder of household waste to present such waste for collection by a person collecting waste in accordance with this Part,
(b) requiring a holder of household or commercial waste who presents such waste for collection as aforesaid (whether pursuant to a requirement of bye-laws under paragraph (a) or not) to so present the waste in a manner specified in the bye-laws.
(2) A bye-law under subsection (1) shall be made in accordance with, and construed as if it was made under, Part VII of the Local Government Act, 1994.
(3) Bye-laws under subsection (1) may, without prejudice to the generality of that subsection or of section 37 (4) of the Local Government Act, 1994, include provisions specifying—
(a) that waste shall only be placed for collection in receptacles of a particular kind and that different waste shall be placed in different receptacles,
(b) the quantity of waste which may or may not be placed in any receptacle,
(c) the waste, or the mixtures of waste, which may or may not be placed in a receptacle,
(d) the measures or precautions to be taken where particular waste, or mixtures thereof, is or are placed in a receptacle,
(e) the size, colour, construction or maintenance of receptacles,
(f) the location at which the waste is to be made available for collection,
(g) times during which the waste is to be made available for collection,
F130[(gg) that waste placed for collection shall bear evidence, in such a manner or form as is provided in the bye-laws, of the payment of any charge that has been made under section 75 in respect of the collection of the waste,]
(h) any matters consequential on, or incidental to, the foregoing.
(4) A local authority may provide or, where appropriate, may, in accordance with section 34, require the holder of a waste collection permit granted by the authority to provide, receptacles in which household or commercial waste (either generally or of a specified nature or type) presented for collection shall be placed for such collection, and the local authority or the said holder, as the case may be, may require such reasonable payment, as it or he or she may determine, in respect of the provision of receptacles from the persons to whom they are provided.
(5) (a) The Minister may, if he or she considers it expedient so to do for the purpose of the prevention or control of environmental pollution, give a direction to a local authority requiring it to take specified steps (including the making of bye-laws under Part VII of the Local Government Act, 1994) to ensure that specified substances, products, materials or classes of waste arising in household or commercial waste are segregated for the purpose of and in the course of collection, and recovered or disposed of in a specified manner.
(b) A local authority concerned shall comply with any direction of the Minister given under this subsection within such period as may be specified in the direction.
Annotations
Amendments:
F130
Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 32, S.I. No. 393 of 2003.
Modifications (not altering text):
C15
References to “Part VII of the Local Government Act 1994”, or any section of that Part, construed (10.07.2006) by Local Government Act 2001 (37/2001), s. 209(2)(a), S.I. No. 361 of 2006.
Continuation in force of existing bye-laws, etc.
209.— …
(2) Without prejudice to section 20 of the Interpretation Act, 1937, references in—
(a) section 35 of the Waste Management Act, 1996,
…
to Part VII of the Local Government Act, 1994, or any section of that Part shall be read as a reference to Part 19 of this Act or to the corresponding section of Part 19, as the case may be.
…
Editorial Notes:
E373
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.
E374
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.
E375
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 (14.06.2014) 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.
Regulations in relation to movement of waste.
36.—(1) For the purpose of preventing environmental pollution therefrom, the Minister may by regulations provide for the supervision and control of the movement of waste within, into or out of the State.
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters:
(a) the prohibition, prevention, limitation or control of the movement of waste and, in particular—
(i) requiring that any movement of waste or waste of a specified class or classes be authorised by the Agency or a local authority,
(ii) enabling conditions of a kind specified in the regulations to be attached by the Agency or a local authority, as the case may be, to any such authorisation;
(b) notifications, including documentation, to be given before and after the movement of waste, the form and content of such notifications, the persons required to give such notifications and the persons to whom such notifications are to be given;
(c) information, including documentation, to accompany any movement of waste, the form and content of such information and the persons required to prepare, hold or submit such information;
(d) enabling the inspection of consignments of waste and documentation relating thereto by persons authorised in that behalf by the Agency or a local authority;
(e) requirements as to the segregation, handling, packaging and labelling of waste and the containers in which waste may be moved;
(f) a requirement that shipments of waste may enter or leave the State at a specified place or places only within the State;
(g) requiring a person who undertakes the movement of waste 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 movement of the waste;
(h) requiring an agreement or agreements to be entered into with one or more appropriate persons by a person exporting or importing waste whereby the first-mentioned person or persons agrees or agree to recover or dispose of the waste;
(i) the seizure, taking in charge, recovery or disposal of a consignment of waste or a part thereof by the Agency or a local authority or a person authorised by the Agency or a local authority in that behalf where any provision of regulations under this section or of any specified enactment has not been complied with as respects the consignment or a part thereof, as the case may be;
(j) the keeping of records by specified persons of the source of, and particulars concerning the movement, delivery and receipt of, waste and, as the case may be, the recovery or disposal thereof, and the persons to whom such records shall be made available;
(k) the prevention and control of litter and nuisance from odours that may arise from the movement of waste and generally with respect to the handling of waste whilst it is being moved;
(l) the imposition by the Agency or a local authority on a person undertaking the movement of waste of such charges as are necessary to defray any costs reasonably incurred by the Agency or the local authority in performing any function under regulations under this section with respect to the waste;
(m) requiring a person to give such security to the Agency or a local authority for the payment of any charges he or she may be liable to pay to the Agency or the local authority (as the case may be) pursuant to regulations under paragraph (l) as the Agency or the local authority may request;
(n) requiring a person who undertakes the movement of waste to give security of a specified nature to the Agency, a local authority or any other specified person in respect of costs which may be incurred by the Agency, local authority or other person aforesaid in taking steps in relation to the waste in the event of a contravention by the first-mentioned person of any provision of regulations under this section as respects that waste;
(o) requiring a person who undertakes the movement of waste or who is the consignee of waste imported into the State or moved within the State to return, where the Agency or a local authority directs him or her to do so, the waste to its place of origin or to such other place as may be specified in the direction and to take such measures as may be so specified in relation to the waste, including the recovery or disposal of the waste in such manner or at such facility as may be so specified;
(p) specifying the circumstances in which the Agency or a local authority may give a direction to a person pursuant to regulations under paragraph (o);
(q) any matters consequential on, or incidental to, the foregoing.
(3) A person who contravenes a provision of regulations under this section shall be guilty of an offence.
Annotations
Editorial Notes:
E376
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.
E377
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E378
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).
E379
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E380
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E381
Offence under subs. (3) 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).
E382
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E383
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).
E384
Offence under subs. (3) 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.
E385
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).
E386
Offence under subs. (3) 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).
E387
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).
E388
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.
E389
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.
E390
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).
E391
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).
E392
Previous affecting provision: offence under subs. (3) 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).
E393
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).
E394
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).
E395
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).
PART V
Recovery and Disposal of Waste
Annotations
Editorial Notes:
E396
Discharge by licence holder under Part is an activity governed by European Communities (Environmental Liability) Regulations 2008 as provided (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), reg. 3(1)(a) and sch. 3, in effect as per reg. 1(2).
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. 162/1998 –
Waste Management (Licensing) (Amendment) Regulations, 1998
WASTE MANAGEMENT (LICENSING) (AMENDMENT) REGULATIONS, 1998
In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 18 , 39 , 40 , 41 , 42 , 44 , 45 and 50 of the Waste Management Act, 1996 (No. 10 of 1996), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
1. These Regulations may be cited as the Waste Management (Licensing) (Amendment) Regulations, 1998.
2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of the Council Directives specified in article 2 of the Waste Management (Licensing) Regulations, 1997 ( S.I. No. 133 of 1997 ).
3. The Waste Management (Licensing) Regulations, 1997 are hereby amended by—
(a) the substitution of the following sub-article for sub-article 3(3) —
“(3) In these Regulations, save where the context otherwise requires —
“the Act” means the Waste Management Act, 1996 ;
“an application” means an application for a waste licence or for the review of a waste licence;
“applicant” means an applicant for a waste licence or for the review of a waste licence;
“certified facility” means a waste disposal facility the proposed development of which was certified by the Minister for the Environment and Local Government under Part IV of the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ) or Part IX of the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 );
“decontamination”, in relation to PCBs, used PCBs and equipment containing PCBs, means any operation which enables equipment, objects, materials or fluids contaminated by PCBs to be recovered or disposed of without causing environmental pollution, including the replacement of PCBs by fluids which do not contain PCBs, and “decontaminated” shall be construed accordingly;
“development” has the meaning assigned to it in the Act of 1963;
“existing facility” shall be construed in accordance with sub-article (4);
“the Environmental Impact Assessment Regulations” means the European Communities, (Environmental Impact Assessment) Regulations, 1989 to 1996;
“Member State” means a Member State of the European Communities;
“objection” means an objection under section 42 of the Act;
“oral hearing” means an oral hearing under section 42 of the Act;
“party to the objection” means any of the following persons —
(i) the objector,
(ii) the applicant for a waste licence, or the licensee in the case of a review of a waste licence, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee),
and “party” shall be construed accordingly;
“PCBs” means —
(a) polychlorinated biphenyls,
(b) polychlorinated terphenyls,
(c) monomethyl-tetrachlorodiphenyl methane,
(d) monomethyl-dichloro-diphenyl methane,
(e) monomethyl-dibromo-diphenyl methane, or.
(f) any mixture containing in excess of 0.005% by weight of any of the substances specified at (a) to (e);
“PCB contaminated equipment” means any equipment (including any transformer, power capacitor or receptacle containing residual stocks) which —
(a) contains PCBs, or
(b) having contained PCBs, has not been decontaminated;
“Planning and Development Regulations” means the Local Government (Planning and Development) Regulations, 1994 to 1997;
“planning permission” means a permission granted under Part IV of the Act of 1963;
“the register” means the register established by the Agency under section 19 of the Act;
“related waste operation” means, in relation to an activity the carrying on of which by a person requires a waste licence, any operation involving the holding, recovery or disposal of waste by or on behalf of the said person which is carried on in, on or adjacent to, the facility at which the said activity is carried on;
“review of a waste licence” means a review of a waste licence under section 46 of the Act;
“waste licence” means a waste licence for the purposes of Part V of the Act;
“waste oils” means any mineral-based lubrication or industrial oils which have become waste (including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils). “;
(b) the addition after sub-article 3(3) of the following sub-articles —
“(4) In these Regulations, “existing facility” means, in relation to a date prescribed for the purposes of section 39(1) of the Act in relation to a waste recovery or disposal activity, a facility at which that activity was, at any time on or after the 1st day of May, 1996 and before the date so prescribed, carried on in accordance with a permit (where required) under the European Communities (Waste) Regulations, 1979, the European Communities (Toxic and Dangerous Waste) Regulations, 1982 or the European Communities (Waste Oils) Regulations, 1992, provided that a facility shall not be regarded as an existing facility in relation to the 20th day of May, 1998 unless there was in force, immediately before that date, a permit (where required) under the aforementioned Regulations.
(5) Any equipment of a type which is likely to contain PCBs shall, for the purposes of these Regulations, be considered as containing PCBs unless it is reasonable to assume the contrary.
(6) Where any part of a facility for the recovery or disposal of waste is located in an area which is not within the functional area of any local authority, the facility shall be deemed, for the purposes of these Regulations, to be a facility which is not located within the functional area of a local authority. “;
(c) the substitution of the following sub-article for sub-article 4(3) —
“(3) (a) Sub-article (1) shall not apply in respect of an activity at a facility connected with an activity for the time being specified in the First Schedule to the Act of 1992.
(b) Where a class of activity can be identified by reference to more than one class in column (1) of the First Schedule, the earliest date specified in column (2) of the First Schedule opposite the class of activity so identified in column (1) of the Schedule shall be the prescribed date for such activity for the purposes of section 39(1) of the Act.”;
(d) the substitution for “section 40(2) (b) (ii) ” in article 15 of “section 40(2) (b) “;
(e) the substitution for “articles 12, 13 and 16 ” in article 15 of “articles 12, 13, 14 and 16 “;
(f) the addition after sub-article 18(3) of the following sub-article —
“(4) Without prejudice to sub-articles 16(2), 18(1) and 18(3), the Agency shall not be obliged to notify any person of the receipt by the Agency of plans, documents, or other information or particulars in accordance with articles 12, 13, 14 or 16. “;
(g) the deletion in sub-article 24(2) of paragraphs (d) and (e);
(h) the substitution of the following sub-articles for sub-article 41(2) —
“(2) Subject to sub-article (3), the fee payable under sub-article (1) shall be the amount indicated in column (2) of Part I of the Third Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.
(3) Where a class of activity can be identified by reference to more than one class in column (1) of Part I of the Third Schedule, the only fee payable under sub-article (1) shall be the highest of the fees specified in column (2) of Part I of the Third Schedule opposite the class of activity so identified in column (1) of the Schedule. “;
(i) the substitution of the following sub-articles for sub-article 42(2) —
“(2) Subject to sub-article (3), the fee payable under sub-article (1) shall be the amount indicated in column (3) of Part I of the Third Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.
(3) Where a class of activity is identified more than once in column (1) of Part I of the Third Schedule, the only fee payable under sub-article (1) shall be the highest of the fees specified in column (3) of Part I of the Third Schedule opposite the class of activity so identified in column (1) of the Schedule. “;
(j) the substitution for the First Schedule thereto of the First Schedule to these Regulations;
(k) the substitution for the Second Schedule thereto of the Second Schedule to these Regulations; and
(l) the substitution for Part I of the Third Schedule thereto of the Third Schedule to these Regulations.
FIRST SCHEDULE
Prescribed dates for the purpose of Section 39(1) of the Act
Waste Activity
Prescribed Date
(1)
(2)
1. The disposal of waste at landfill (other than an existing facility).
1 May, 1997
2. The disposal of hazardous waste (other than at an existing facility)
1 May, 1997
3. The disposal of waste at a facility (other than an existing facility) where the annual intake exceeds 25,000 tonnes)
1 May, 1997
4. The disposal of waste at a certified facility
1 May, 1997
5. The disposal of waste at a landfill facility where the annual intake exceeds 40,000 tonnes per annum
1 October, 1997
6. The disposal of waste at a landfill facility where the annual intake exceeds 20,000 tonnes per annum
1 March, 1998
7. The disposal of waste at a landfill facility where the annual intake does not exceed 20,000 tonnes per annum, other than such a landfill operated by or on behalf of a county council, a county borough corporation, a borough corporation or an urban district council.
1 May, 1998
8. The disposal of waste at facility where the annual intake exceeds 25,000 tonnes per annum
1 May, 1998
9. The disposal of hazardous waste (other than at a landfill facility)
1 May, 1998
10.
The recovery or disposal of waste at a facility (other than an existing facility) operated by or on behalf of a local authority
20 May, 1998
11.
The recovery or disposal of waste at a facility (other than an existing facility) which is not located within the functional area of a local authority
20 May, 1998
12.
The disposal of waste at a facility (other than an existing facility or a facility operated by or on behalf of a local authority) where the annual intake exceeds 5,000 tonnes per annum
20 May, 1998
13.
The recovery of hazardous waste at a facility (other than an existing facility)
20 May, 1998
14.
The composting of waste at a facility (other than an existing facility) where the amount of compost and waste held at the facility exceeds 1,000 cubic metres at any time
20 May, 1998
15.
The disposal of waste (other than hazardous waste) at a facility (other than an existing facility, a landfill facility, a facility operated by or on behalf of a local authority or a facility which is not located within the functional area of a local authority) where the annual intake does not exceed 5,000 tonnes for anum
20 May, 1998
16.
The recovery of waste (other than hazardous waste) at a facility (other than an existing facility, a facility operated by or on behalf of a local authority, a facility which is not located within the functional area of a local authority, or a facility for the composting of waste where at the facility exceeds 1000 cubic metres at any time)
20 May, 1998
17. The disposal of waste at a landfill facility operated by or on behalf of a county council, a county borough corporation, a borough corporation or an urban district council where the annual intake exceeds 5,000 tonnes per annum
1 October, 1998
18. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility, a facility operated by or on behalf of a local authority or a facility which is not located within the functional area of a local authority) where the annual intake does not exceed 5,000 tonnes per annum
1 October, 1998
19. The recovery of waste (other than hazardous waste) at a facility (other than a facility operated by or on behalf of a local authority, a facility which is not located within the functional area of a local authority, or a facility for the composing of waste where the amount of compost and waste held at the facility exceeds 1000 cubic metres at any time)
1 October, 1998
20. The disposal of waste at a landfill facility
1 March 1999
21. The disposal of waste at a facility operated by or on behalf of a local authority
1 March, 1999
22. The recovery of PCB contaminated equipment
1 March, 1999
23. The recovery of waste oils
1 March, 1999
24. The recovery or disposal of waste at a facility which is not located within the functional area of a local authority
1 March, 1999
25. The disposal of waste at a facility (other than a facility operated by or on behalf of a local authority) where the annual intake exceeds 5,000 tonnes per annum
1 October, 1999
26. The recovery of hazardous waste
1 October, 1999
27. The recovery of waste at a facility operated by or on behalf of a local authority
1 October, 1999
28. The composting of waste at a facility where the amount of compost and waste held at the facility exceeds 1,000 cubic metres at any time
1 October, 1999
SECOND SCHEDULE
Provisions of Community acts which are to be given effect to in relevant waste licences granted by the Agency.
Relevant Provisions
Community act
(1)
(2)
Articles 4, 6, 7, 10, 11 and 12
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.
Articles 4, 5, 8, 9, 10 and 18
Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
Article 8
Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos.
Articles 2.2 to 2.4 and 4.3
Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste.
Articles 3, 9 and 18.2
Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control.
Articles 4(6), 8(2) and 9.
Council Directive 96/59/EC of 16 September, 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls
THIRD SCHEDULE
PART I
Fees payable to the Agency in respect of an application for a waste licence or the review of a waste licence, or for the surrender of a licence.
Waste Activity
Amount of fee for an application fora waste licence
Amount of fee for a review of a waste licence
(1)
(2)
(3)
1. The disposal of waste at a landfill facility where the annual intake is likely to exceed 100,000 tonnes
18,000
13,000
2. The disposal of waste at landfill facility where the annual intake is likely to exceed 40,000 tonnes but be less than 100,000 tonnes
16,000
12,000
3. The disposal of waste at a landfill facility where the annual intake is likely to exceed 20,000 tonnes but be less than 40,000 tonnes
13,000
10,000
4. The disposal of waste at a landfill facility where the annual intake is likely to exceed 5,000 tonnes but be less than 20,000 tonnes
10,000
8,000
5. The disposal of waste at a landfill facility where the annual intake is likely to be less than 5,000 tonnes
5,000
3,000
6. The disposal of hazardous waste
16,000
12,000
7. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake exceeds or is likely to exceed 100,000 tonnes
10,000
7,000
8. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is likely to exceed 25,000 tonnes but be less than 100,000 tonnes
6,000
5,000
9. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is less than 25,000 tonnes per annum
5,000
3,000
10. The recover of waste
5,000
3,000
Dated this 19th day of May, 1998
DAN WALLACE
Minister of State at the Department of the Environment and Local Government
EXPLANATORY NOTE
These Regulations amend the Waste Management (Licensing) Regulations, 1997, which provide for the commencement and operation of the system of licensing by the Environmental Protection Agency of waste recovery and disposal activities under Part V of the Waste Management Act, 1996 . The Regulations prescribe the day on or after which further specified classes of waste disposal and recovery activity require a waste licence in accordance with section 39(1) of the Act, and provide for related amendments of the 1997 Regulations.
S.I. No. 185/2000 –
Waste Management (Licensing) Regulations, 2000.
PART I
PRELIMINARY AND GENERAL
1.
Citation.
2.
Purpose of Regulations.
3.
Interpretation generally.
4.
Commencement of licensing of activities.
PART II
NOTICES REGARDING APPLICATTIONS FOR OR REVIEWS OF WASTE LICENCES
5.
Notice of intention to apply to the Agency for a waste licence or the review of a waste licence.
6.
Notices in newspapers.
7.
Site notices.
8.
Further notice.
9.
Notice to the relevant planning authority.
10.
Notice by the Agency of intention to review a waste licence.
PART III
APPLICATION FOR A WASTE LICENCE OR THE REVIEW OF A WASTE LICENCE
11.
Making of an application to the Agency.
12.
Contents of an application for a waste licence or the review of a waste licence.
13.
Certain applications to be accompanied by an environmental impact statement or to comply with other requirements where exemption has been granted.
14.
Procedure on receipt of an application.
PART IV
CONSIDERATION OF APPLICATIONS AND REVIEWS
15.
Submissions to the Agency regarding applications.
16.
Further information.
17.
Impact on the environment in another Member State.
18.
Notice to certain public authorities and bodies.
19.
Availability and inspection of documents.
20.
Investigations concerning discharges to groundwater.
21.
Matters in an environmental impact statement to which the Agency shall have regard in certain cases.
22.
Defrayal or contribution towards costs of investigations.
23.
Withdrawal or abandonment of an application.
24.
Notification of proposed determination of applications.
PART V
OBJECTIONS AND ORAL HEARINGS
25.
Circulation of objections.
26.
Power of Agency to request a further submission by an objector.
27.
Power of Agency to request submission by an objector of documents, particulars or information.
28.
Withdrawal or abandonment of an objection.
29.
Notification of oral hearing.
30.
Procedure at oral hearing.
31.
Power to require attendance at oral hearings.
32.
Adjournment or re-opening of an oral hearing.
33.
Replacement of person appointed to hold an oral hearing.
34.
Matters which may be taken into account by the Agency.
35.
Period for consideration of an objection.
36.
Notice of Agency’s decision on an application.
PART VI
GRANT AND REVIEW OF A WASTE LICENCE
37.
Conditions necessary to give effect to certain provisions of Community acts.
38.
Conditions regarding gas control at a landfill facility.
39.
Conditions regarding the recovery or disposal of waste oil.
40.
Operation of mobile plant.
41.
Review of waste licence authorising discharges to groundwater.
PART VII
LICENSING FEES
42.
Fee for application for a waste licence.
43.
Fee for application for review or surrender of a waste licence.
44.
Fee for the making of objections.
45.
Fee for application for transfer of a waste licence.
46.
Fee for request for an oral hearing.
47.
Discretionary power to refund or waive fee in certain circumstances.
PART VIII
MISCELLANEOUS
48.
Prescribed offences for the purpose of section 40(7) of the Act.
49.
Criteria for the determination by the Agency of a relevant person.
50.
Revocation of 1997 and 1998 Regulations.
51.
Transitional.
FIRST SCHEDULE
PRESCRIBED DATES FOR LICENSABLE ACTIVITIES
SECOND SCHEDULE
PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT TO IN WASTE LICENCES
THIRD SCHEDULE
FEES
S.I. No. 185 of 2000.
WASTE MANAGEMENT (LICENSING) REGULATIONS, 2000.
In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 18 , 39 , 40 , 41 , 42 , 44 , 45 and 50 of the Waste Management Act, 1996 (No. 10 of 1996), which said powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby makes the following Regulations:—
PART I
PRELIMINARY AND GENERAL
Citation.
1. These Regulations may be cited as the Waste Management (Licensing) Regulations, 2000.
Purpose of Regulations.
2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of—
(a) 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 19861 ,
(b) Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 19912 ,
(c) Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances3 ,
(d) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 19974 ,
(e) Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos5 ,
(f) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste6 ,
(g) Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls7 , and
(h) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control8 .
Interpretation generally.
3. (1) In these Regulations, any reference to a Schedule, Part or article that is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph that is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(3) In these Regulations, save where the context otherwise requires-
“the Act” means the Waste Management Act, 1996 ;
“an application” means on application for a waste licence or for the review of a waste licence;
“applicant” means an applicant for a waste licence or for the review of a waste licence;
“certified facility” means a waste disposal facility the proposed development of which was certified by the Minister for the Environment and Local Government under Part IV of the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ) or Part IX of the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 );
“decontamination”, in relation to PCBs, used PCBs and equipment containing PCBs, means any operation which enables equipment, objects, materials or fluids contaminated by PCBs to be recovered or disposed of without causing environtmental pollution, including the replacement of PCBs by fluids which do not contain PCBs, and “decontaminated” shall be construed accordingly;
“development” has the meaning assigned to it in the Act of 1963;
“existing facility” shall be construed in accordance with sub-article (4);
“the Environmental Impact Assessment Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999;
“Member State” means a Member State of the European Communities;
“objection” means an objection under section 42 of the Act;
“oral hearing” means an oral hearing under section 42 of the Act;
“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 disposal of waste for the time being specified in section 51(2)(a) of the Act;
“party to the objection” means any of the following persons—
(i) the objector,
(ii) the applicant for a waste licence, or the licensee in the case of a review of a waste licence, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee),
and “party” shall be construed accordingly;
“PCBs” means—
(a) polychlorinated biphenyls,
(b) polychlorinated terphenyls,
(c) monomethyl-tetrachlorodiphenyl methane,
(d) monomethyl-dichloro-diphenyl methane,
(e) monomethyl-dibromo-diphenyl methane, or
(f) any mixture containing in excess of 0.005% by weight of any of the substances specified at (a) to (e);
“PCB contaminated equipment” means any equipment (including any transformer, power capacitor or receptacle containing residual stocks) which—
(a) contains PCBs, or
(b) having contained PCBs, has not been decontaminated;
“Planning and Development Regulations” means the Local Government (Planning and Development) Regulations, 1994 to 1999;
“planning permission” means a permission granted under Part IV of the Act of 1963;
“the register” means the register established by the Agency under section 19 of the Act;
“related waste operation” means, in relation to an activity the carrying on of which by a person requires a waste licence, any operation involving the holding, recovery or disposal of waste by or on behalf of the said person which is carried on in, on or adjacent to, the facility at which the said activity is carried on;
“review of a waste licence” means a review of a waste licence under section 46 of the Act;
“waste licence” means a waste licence for the purposes of Part V of the Act;
“waste oils” means any mineral-based lubrication or industrial oils which have become waste (including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils).
(4) In these Regulations, “existing facility” means, in relation to a date prescribed for the purposes of section 39(1) of the Act in relation to a waste recovery or disposal activity, a facility at which that activity was, at any time on or after the 1st day of May, 1996 and before the date so prescribed, carried on in accordance with a permit (where required) under the European Communities (Waste) Regulations, 1979, the European Communities (Toxic and Dangerous Waste) Regulations, 1982 or the European Communities (Waste Oils) Regulations, 1992, provided that a facility shall not be regarded as an existing facility in relation to the 20th day of May, 1998 unless there was in force, immediately before that date, a permit (where required) under the aforementioned Regulations.
(5) Any equipment of a type which is likely to contain PCB’s shall for the purposes of these Regulations, be considered as containing PCBs unless it is reasonable to assume the contrary.
(6) Where any part of a facility for the recovery or disposal of waste is located in an area which is not within the functional area of any local authority, the facility shall be deemed, for the purposes of these Regulations, to be a facility which is not located within the functional area of a local authority.
Commencement of licensing of activities.
4. (1) Subject to sub-article (3), the date specified in column (2) of the First Schedule opposite a class of activity identified in column (1) of the Schedule is the prescribed date for such activity for the purposes of section 39(1) of the Act.
(2) For the purposes of section 39(1) of the Act, a class of activity identified in column (1) of the First Schedule includes a related waste operation.
(3) (a) Sub-article (1) does not apply in respect of an activity at a facility connected with an activity for the time being specified in the First Schedule to the Act of 1992.
(b) Where a class of activity can be identified by reference to more than one class in column (1) of the First Schedule, the earliest date specified in column (2) of the First Schedule opposite the class of activity so identified in column (1) of the Schedule is the prescribed date for such activity for the purposes of section 39(1) of the Act.
PART II
NOTICES REGARDING APPLICATIONS FOR OR REVIEWS OF WASTE LICENCES
Notice of intention to apply to the Agency for a waste licence or the review of a waste licence.
5. An applicant shall
(a) within the period of two weeks before the making of an application for a waste licence or for the review of a waste licence, publish notice of the intention to make the application in a newspaper circulating in the area or areas in which the activity is or will be carried on, in accordance with article 6 and
(b) not later than the making of the application in question, give notice of the application by the erection or fixing of a site notice on each facility or premises concerned, in accordance with article 7.
Notices in newspapers.
6. A notice published in a newspaper pursuant to article 5 shall contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A WASTE LICENCE” or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A WASTE LICENCE”, as the case may be, and shall—
(a) give the name and address of the applicant,
(b) state the location or postal address (including, where appropriate, the name of the townland or townlands) and the National Grid reference of each facility or premises to which the application relates,
(c) specify the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act and, in the case of two or more activities, identify the principal activity,
(d) where the application is required to be accompanied by an environmental impact statement in accordance with Part III, state that such a statement will be submitted to the Agency with the application,
(e) state that a copy of
(i) the application for a waste licence or for the review of a waste licence, as the case may be,
(ii) the environmental impact statement (where the application is required to be accompanied by such statement in accordance with Part III), and
(iii) such further information relating to the application as may be furnished to the Agency in the course of the Agency’s consideration of the application,
will, as soon as is practicable after receipt by the Agency, be available for inspection or purchase, at the headquarters of the Agency and, where the applicant is a local authority, at the principal office of the said authority.
Site notices.
7. (1) A site notice erected or fixed on any facility or premises pursuant to article 5 shall—
(a) be painted or inscribed, or printed and affixed, on a durable material,
(b) be securely erected or fixed in a conspicuous position—
(i) on or near the main entrance to the facility or premise from a public road, or
(ii) on any other part of the facility or premises adjoining a public road,
and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road.
(2) Where a facility or premises to which an application for a waste licence or for the review of a waste licence relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the facility or premises so as to be easily visible and legible by persons outside the facility or premises.
(3) A site notice erected or fixed on any facility or premises pursuant to article 5 shall be headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A WASTE LICENCE” or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A WASTE LICENCE”, as the case may be, and shall—
(a) indicate the site location or proposed location of the activity, and
(b) comply with the requirements specified in paragraphs (a), (c), (d) and (e) of article 6.
(4) A site notice erected or fixed on any facility or premises pursuant to article 5 shall be maintained in position where erected or fixed for at least one month after the making of the relevant application, 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.
Further notice.
8. Where—
(a) a period of more than two weeks has elapsed between the publication in a newspaper of a notice in accordance with article 5 and the making of the relevant application, or
(b) it appears to the Agency that any notice published or given in pursuance of article 5—
(i) if published in a newspaper, does not comply with the provisions of article 6, or
(ii) if erected or fixed on any facility or premises, does not comply with the provisions of article 7, or
(iii) is, because of its content or for any other reason, misleading or inadequate for the information of the public,
the Agency shall require the applicant to publish, erect or fix such further notice in such manner, whether in a newspaper or otherwise, 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.
Notice to the relevant planning authority.
9. (1) An applicant, not being the local authority in whose functional area a facility or premises to which the relevant application relates is located, shall give written notice of the said application to any relevant planning authority.
(2) A notice required to be given to a planning authority under sub-article (1) shall contain the information specified in article 6.
Notice by the Agency of intention to review a waste licence.
10. (1) Where the Agency proposes to initiate a review of a waste licence under section 46 of the Act, it shall publish a notice of such intention in a newspaper circulating in the area or areas in which the activity, the subject matter of the licence, is or will be, carried on.
(2) A notice given under section 42(1)(b) of the Act or published in accordance with sub-article (1) shall indicate the reference number given to the waste licence in the register established by the Agency under section 19 of the Act, and state the reason for the proposed review.
(3) A notice given under section 42(1)(b) of the Act to a licensee—
(a) may require the licensee to furnish such submissions, plans, documents and other information and particulars as the Agency considers necessary for the purpose of the proposed review, and
(b) shall indicate that a submission relating to the proposed review may be made in writing to the Agency within one month of the date of the giving of the notice, and the Agency shall not give notice of a proposed decision under section 42(2) of the Act before the expiry of the said period.
PART III
APPLICATION FOR A WASTE LICENCE OR THE REVIEW OF A WASTE LICENCE
Making of an application to the Agency.
11. An application shall be submitted to the principal office of the Agency.
Contents of an application for a waste licence or the review of a waste licence.
12. (1) Subject to sub-article (2), in the case of an application for a waste licence, the application shall—
(a) give the name, address and, where applicable, any telephone number and telefax number of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office,
(b) give the name of the planning authority in whose functional area the relevant activity is or will be carried on,
(c) in the case of a discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer of a sanitary authority, give the name of the sanitary authority in which the sewer is vested or by which it is controlled,
(d) give the location or postal address (including where appropriate, the name of the townland or townlands) and the National Grid reference of the facility or premises to which the application relates,
(e) describe the nature of the facility or premises concerned including, in the case of an application in respect of the landfill of waste, the geological and hydrogeological nature of the land,
(f) specify the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act,
(g) specify the quantity and nature of the waste or wastes which will be recovered or disposed of,
(h) specify the raw and ancillary materials, substances, preparations, fuels and energy which will be utilised in or produced by the activity,
(i) describe the plant, methods, processes and operating procedures for the activity,
(j) provide information for the purpose of enabling the Agency to make a determination in relation to the matters specified in paragraphs (a) to (d) of section 40(4) of the Act,
(k) give particulars of the source, location, nature, composition, quantity, level and rate of emissions arising from the activity and, where relevant, the period or periods during which such emissions are made or are to be made,
(l) give details, and an assessment of the effects, or any existing or proposed emissions on the environment, including any environmental medium other than that into which the emissions are to be made,
(m) identify monitoring and sampling points and indicate proposed arrangements for the monitoring of emissions and the environmental consequences of any such emissions,
(n) where appropriate, describe any proposed arrangements for the prevention and recovery of waste arising from the activity concerned,
(o) describe any proposed arrangements for the off-site treatment or disposal of solid or liquid wastes,
(p) describe 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,
(q) describe the proposed measures for the closure, restoration, remediation or aftercare of the facility concerned, after the cessation of the activity in question,
(r) give a non-technical summary of information provided in relation to the matters specified in paragraphs (e) to (q) of this sub-article,
(s) state whether the activity is for the purposes of an industrial activity or isolated storage to which Regulations 12 to 18 of the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ), as amended by the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1989 ( S.I. No. 194 of 1989 ) and the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1992 ( S.I. No. 21 of 1992 ), apply.
(2) In the case of an application for a waste licence in respect of the operation of mobile plant at more than one facility, the information specified in sub-article (1) shall, as appropriate, be provided in respect of the carrying on of the activity concerned at each such facility.
(3) (a) An application for the review of a waste licence shall state the grounds on which it is made, and specify the reference number given to the relevant licence in the register.
(b) In the case of an application for the review of a waste licence, being an application relating to the proposed operation of mobile plant at a facility or facilities other than that or those to which the said licence relates, the application shall provide the information specified in sub-article (1) in respect of the carrying on of the activity concerned at each such facility, to the extent and in such manner as may be specified in writing by the Agency.
(c) An application for the review of a waste licence, being a licence relating to the operation of mobile plant at a facility or facilities, may not be made for the purpose of carrying on an activity other than the use of mobile plant at any such facility, and the Agency shall not be required to consider any such application.
(4) Without prejudice to sub-articles 13(1) and (2), 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 article 6 has been published,
(b) a copy of the text of the notice or notices erected or fixed in accordance with article 7,
(c) where appropriate, a copy of a notice or notices given to a planning authority under article 9,
(d) a copy of such plans, including a site plan or plans and location map or maps, and such other particulars, reports and supporting documentation as are necessary to identify and describe, as appropriate—
(i) the position of the notice in accordance with article 7,
(ii) the point or points from which emissions are made or are to be made, and
(iii) the point or points at which monitoring and sampling are or are to be undertaken,
(e) such fee as is appropriate having regard to the provisions of articles 42 and 43.
(5) (a) An application by a local authority in respect of the carrying on of an activity at a facility located within the functional area of the authority shall be accompanied by 3 copies of the application and of all accompanying documents and particulars as required under sub-article (4).
(b) An application other than one to which paragraph (a) refers shall be accompanied by 4 copies of the application and of all accompanying documents and particulars as required under sub-article (4).
(c) For the purpose of paragraphs (a) and (b), all or part of the necessary copies of the said application and associated documents and particulars may, with the agreement of the Agency, be submitted in a computer or other non-legible format specified by the Agency.
Certain applications to be accompanied by an environmental impact statement or to comply with other requirements where exemption has been granted.
13. (1) Where development is proposed to be carried out, being development which comprises or is for the purposes of a waste recovery or waste disposal activity, and is of a class for the time being specified under article 24 of the Environmental Impact Assessment Regulations, an application in respect of the relevant activity shall, in addition to the matters prescribed in article 12, be accompanied by 15 copies of an environmental impact statement prepared in respect of the said development.
(2) Where development is proposed to be carried out, being development which comprises or is for the purposes of a waste recovery or waste disposal activity, and is subject to a requirement under article 26 of the Local Government (Planning and Development) Regulations, 1994 to submit an environmental impact statement, an application in respect of the relevant activity shall, in addition to the matters prescribed in article 12, be accompanied by 15 copies of the environmental impact statement prepared in respect of the said development.
(3) Sub-articles (1) and (2) shall not apply where the provisions of an order made under section 54(7) of the Act or section 25(3) (inserted by the Environmental Impact Assessment Regulations) of the Act of 1963 apply.
(4) An environmental impact statement submitted to the Agency in accordance with sub-articles (1) and (2) shall comply with articles 25 of the Environmental Impact Assessment Regulations.
(5) Where the Minister, in granting an exemption under section 54(7) of the Act or section 25(3) (inserted by the Environmental Impact Assessment Regulations) of the Act of 1963 in respect of development comprising or for the purposes of a waste recovery or waste disposal activity, has applied other requirements in relation to the risk of environmental pollution from the activity, an application in respect of the said activity shall comply with the said requirements applied by the Minister.
(6) Notwithstanding the requirements of sub-articles (1) and (2), all or part of 14 copies of the environmental impact statement may, with the agreement of the Agency, be submitted in a computer or other non-legible format specified by the Agency.
Procedure on receipt of an application.
14. (1) On receipt of an application, the Agency shall—
(a) stamp the application with the date of receipt, and
(b) examine whether the requirements of articles 12 and sub-articles 13(1) and (2) have been complied with.
(2) (a) Where the Agency considers that the requirements of articles 12 and sub-articles 13(1) and (2) have been complied with in respect of an application, it shall send to the applicant an acknowledgement of receipt of the application.
(b) Where the Agency considers that any of the requirements of articles 12 and sub-articles 13(1) and (2) 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, by notice in writing—
(i) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(ii) require the applicant, within such period as may be specified by the Agency, to take such steps to furnish such submissions, plans, documents or other information and particulars, as the Agency considers are necessary for compliance with the said requirements.
(3) Where the Agency gives a notice in accordance with sub-article (2)(b)(i), it shall return to the applicant all copies of the application and associated documents and particulars, other than one copy of any environmental impact statement submitted in accordance with article 13.
PART IV
CONSIDERATION OF APPLICATIONS AND REVIEWS
Submissions to the Agency regarding applications.
15. For the purpose of section 40(2)(b) of the Act, a person may make a written submission to the Agency in relation to—
(i) an application, and
(ii) such plans, documents and other information and particulars, including an environmental impact statement, as are submitted by the applicant in accordance with articles 12, 13 14 and 16,
and the Agency shall not give notice of a proposed decision under section 42(2) of the Act before the expiry of a period of one month following the date of a relevant—
(a) acknowledgement in accordance with article 14(2)(a), or
(b) notice in accordance with article 16(2)(a), or
(c) acknowledgement in accordance with article 16(4),
whichever such date is the later.
Further information.
16. (1) Where the Agency receives an application, it may, by notice in writing, require the applicant—
(a) to furnish such further information or particulars relating to the application as it considers necessary to enable it make a decision in respect of the application, or
(b) to 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) Where further information in respect of an application to which sub-articles 13(1) and (2) relate is received by the Agency pursuant to a requirement under sub-article (1) and the Agency considers that such information contains significant additional data in relation to the effects on the environment of development which comprises or is for the purposes of the waste recovery or disposal activity to which the application relates, the Agency shall—
(a) require the applicant to publish in a newspaper circulating in the area in which the said activity is or would be carried on a notice, in such form as may be specified by the Agency, stating that further information in relation to the effects on the environment of the proposed development has been furnished to the Agency, and
(b) send a copy of such information to each authority, person or body to which it gives or has given a notice under article 18(1).
(3) Where the Agency has given a notice under section 42(1)(b) of the Act to a licensee, it may, by further notice in writing, require the licensee—
(a) to submit such further information or particulars as it considers necessary to enable it to complete the review, or
(b) to produce such evidence as it may reasonably require to verify any information or particulars furnished by the licensee in response to such notice or further notice.
(4) Where the Agency considers that the requirements of a notice given under sub-articles (1) or (3) have been complied with, it shall send to the licensee an acknowledgement to that effect.
(5) Where there is a failure or refusal to comply with a requirement under the foregoing sub-articles within one month of the date of notice of such requirement, the Agency may, if it thinks fit, proceed with its consideration of the application or the review, as the case may be, and to give a notification under section 42(2) of the Act in the absence of the information, particulars or evidence specified in the requirement.
Impact on the environment in another Member State.
17. (1) Where the Agency receives an application, other than an application in respect of which a notice in accordance with article 14(2)(b)(i) has been or will be given, and it appears to the Agency that the activity, the subject of the application—
(a) would or is likely to have a significant impact on the environment in another Member State, or
(b) would or may give rise to the direct or indirect discharge into transfrontier groundwater of substances specified in the Annex to Council Directive 80/68/EEC9 ,
the Agency shall, as soon as may be after receipt of the said application, notify the appropriate competent authority in the Member State concerned.
(2) The Agency shall notify the Minister of any notice given in accordance with sub-article (1) or any request to which sub-article (4) relates.
(3) A notice given in accordance with sub-article (1) shall be accompanied by a copy of the relevant application and of all accompanying documents and particulars, including any environmental impact statement received by the Agency in accordance with the provisions of Part III, and shall as a minimum indicate—
(a) the reference number given to the application or relevant licence in the register,
(b) the name and address of the applicant or licensee,
(c) the location or postal address including, where appropriate, the name of the relevant townland or townlands) and the National Grid reference of the relevant facility or premises,
(d) the class or classes of activity concerned in accordance with the Third and Fourth Schedule to the Act,
(e) the date of receipt of the application,
(f) where relevant, the name of the planning authority to which a copy of the environmental impact statement has been, or will be, submitted,
(g) that the notification is for the purpose of giving effect to Article 17 of Council Directive 80/68/EEC10 , Article 7 of Council Directive 85/337/EEC11 and/or Article 17 of Council Directive 96/61/EC12 , as the case may be,
(h) the nature of the relevant discharges to transfrontier groundwater or other impacts on the environment of the Member State concerned, as the case may be, and
(i) that the competent authority concerned may, within a period of four weeks from the date of such notice, make a written submission to the Agency or request consultations with the Agency in relation to the proposed activity.
(4) Upon request by the competent authority in a Member State, the environment of which would or is likely to be significantly affected by an activity which is the subject of an application under this Part, the Agency shall, as soon as may be, forward to the said authority the material specified in sub-article (3).
(5) (a) The Agency, before it gives notice of a proposed decision under section 42(2) of the Act in respect of an application to which sub-article (1) applies—
(i) shall comply with any reasonable request for consultations in relation to the said application which is received from a relevant competent authority within the period specified in sub-article (3)(i), and
(ii) may have regard to any written submission from the competent authority concerned arising directly from such consultations.
(b) The Commission of the European Communities may participate in any consultations arising under paragraph (a).
Notice to certain public authorities and bodies.
18. (1) Where the Agency receives an application, other than an application in respect of which a notice in accordance with article 14(2)(b)(i) has been or will be given, or has given a notice of intention to review a waste licence under section 42(1)(b) of the Act, it shall notify—
(a) the Minister for Arts, Heritage, Gaeltacht and the Islands,
(b) the Minister for the Marine and Natural Resources,
(c) the Central Fisheries Board,
(d) An Taisce — The National Trust for Ireland,
(e) any local authority in whose functional area the activity is or will be situate, where the said authority is not the applicant,
(f) in the case of a discharge to which section 97 of the Act of 1992 relates, the relevant sanitary authority, where the said authority is not the applicant,
(g) any relevant health board,
(h) the National Authority for Occupational Safety and Health,
(i) Bord Fáilte,
(j) Teagasc,
(k) in the case of an activity any part of which is situate within the functional area of the Shannon Free Airport Development Company Limited, that company, and
(l) such other public authorities, persons or bodies, if any, as the Agency considers necessary having regard to the nature and extent of the activity to which the application or review refers.
(2) A notice given in accordance with sub-article (1) shall as a minimum indicate—
(a) the reference number given to the application or relevant licence in the register,
(b) the name and address of the applicant or licensee, as the case may be,
(c) the location or postal address including, where appropriate, the name of the relevant townland or townlands) and the National Grid reference of each facility or premises to which the application relates, and
(d) the class or classes of activity concerned in accordance with the Third and Fourth Schedule to the Act.
(3) Where an environmental impact statement is received by the Agency in accordance with the provisions of Part III, the Agency shall send a copy of the statement to each authority, person or body to which it gives or has given a notice under sub-article (1) and indicate, where relevant, the name of the planning authority to which the environmental impact statement has been, or will be, submitted.
(4) Without prejudice to sub-articles 16(2), 18(1) and 18(3), the Agency shall not be obliged to notify any person of the receipt by the Agency of plans, documents, or other information or particulars in accordance with articles 12, 13, 14 or 16.
Availability and inspection of documents.
19. (1) The Agency shall make the documents or other items specified in sub-article (2) available for public inspection during office hours at the headquarters of the Agency from as soon as may be after receipt of the documents or other items or the giving of notice as the case may be.
(2) The following are specified for the purposes of sub-article (1)—
(a) an application,
(b) a notice given to a licensee under section 42(1)(b) of the Act,
(c) such other notices as are given by the Agency under Part V of the Act or under these Regulations in respect of an application or review, and
(d) such submissions, plans, documents and other information and particulars, including an environmental impact statement, and such evidence and objections as are received or obtained by the Agency from an applicant, licensee or any other person in accordance with Part V of the Act or in accordance with these Regulations in respect of an application or review.
(3) In the case of an application by a local authority or the review by the Agency of a waste licence granted to a local authority, the said authority shall make the documents or other items specified in sub-article (4) available for public inspection during office hours at the principal office of the authority, from as soon as may be after they have been submitted to or received from the Agency, as the case may be, for a period of not less than 2 months after the date on which the Agency has given its decision on the relevant application or review, as the case may be.
(4) The following are specified for the purposes of sub-article (3)—
(a) the application,
(b) a notice under section 42(1)(b) of the Act in respect of a licence which has been granted to the local authority,
(c) such other notices as are received from the Agency under Part V of the Act or under these Regulations in respect of the application or review, and
(d) such submissions, plans, documents and other information and particulars, including an environmental impact statement, and such evidence and objections as are submitted by the local authority to the Agency in accordance with Part V of the Act or in accordance with these Regulations.
(5) For the purposes of sub-articles (1) and (3), a copy of the documents specified in those sub-articles, or any extract therefrom, shall be made available on request during office hours at the headquarters of the Agency or the principal office of the local authority, as the case may be, for purchase at such charge (if any), not exceeding the reasonable cost of making such copies, as the Agency or local authority may determine.
(6) For the purposes of sub-articles (1) and (3), all or part of the documents or other items specified in sub-articles (2) and (4), and any report to which sub-article (8) refers, may be made available for public inspection in a computer format.
(7) Notwithstanding sub-article (5), a plan or other drawing or photograph may be made available for inspection only.
(8) A copy of any written report prepared by or for the Agency for the purpose of making a decision in respect of an application or in consequence of a review of a waste licence, including any written report made under section 44(3) of the Act, or any extract therefrom (but excluding internal communications of the Agency), shall, following the decision to grant or refuse the said waste licence in accordance with section 40(1) of the Act, be made available on request during office hours at the headquarters of the Agency, for inspection, or for purchase at such charge (if any), not exceeding the reasonable cost of making such copies, as the Agency may determine.
(9) An applicant or licensee, as the case may be, shall comply with any reasonable request from the Agency for such further number of copies as the Agency may specify of—
(a) the relevant application and all accompanying documents and particulars, including an environmental impact assessment, or
(b) such documents or particulars as may have been provided to the Agency by the licensee in relation to a review to which section 42(1)(b) of the Act refers.
Investigations concerning discharges to groundwater.
20. It is hereby prescribed for the purpose of section 40(2)(a) of the Act that, where the Agency receives an application, other than an application in respect of which a notice in accordance with article 14(2)(b)(i) has been or will be given, and it appears to the Agency that the activity, the subject of the application, 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/EEC13 , 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 Agency shall, before it gives notice of a proposed decision under section 42(2) of the Act in respect of the said application, 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 4, 5 and 7 of the aforesaid Directive.
Matters in an environmental impact statement to which the Agency shall have regard in certain cases.
21. The Agency shall have regard to the matters mentioned in an environmental impact statement in respect of development which was certified by the Minister under Part IX of the Planning and Development Regulations only in so far as they relate to the risk of environmental pollution from the activity in question.
Defrayal or contribution towards costs of investigations.
22. (1) The Agency may, by notice in writing, require an applicant or licensee, as the case may be, to defray or contribute towards the cost of any investigations carried out or caused to be carried out by the Agency so as to enable it properly to decide on an application or the review of a waste licence which was proposed by the Agency.
(2) The amount of any payment required under sub-article (1), taken together with such fee as may be payable under Part VII in respect of the relevant application or review, shall not exceed the costs incurred by the Agency in deciding on the said application or review.
(3) An applicant or licensee shall comply with an requirement of a notice under sub-article (1) within such period, being a period of not less than three weeks, as may be specified in the said notice.
Withdrawal or abandonment of an application.
23. (1) An application or a submission may be withdrawn at any time before the making of the decision of the Agency on the application.
(2) Where the Agency is of the opinion that an application has been abandoned, it may give to the applicant a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than fourteen or not more than twenty-eight days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the application should not be regarded as having been withdrawn.
(3) Where a notice has been given under sub-article (2), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Agency pursuant to the notice, declare that the application to which the notice relates shall be regarded as having been withdrawn.
(4) Where pursuant to this article the Agency declares that an application is to be regarded as having been withdrawn, any objection in relation to the application shall not be further considered by the Agency.
Notification of proposed determination of applications.
24. (1) The following persons are hereby prescribed for the purpose of Section 42(2)(d) of the Act—
(a) in the case of an application in respect of which notice has been given under article 17, the relevant competent authority and the Minister,
(b) in the case of an application or review in respect of which notice has been given under article 18(1), each public authority, person or body so notified.
(2) Every notification given under section 42(2) of the Act shall, in addition to the matters specified in that sub-section, specify—
(a) the reference number given to the application or the licence in the register,
(b) the activity to which the proposed decision relates,
(c) the day of the giving of the notification,
(d) that an objection against the proposed decision may be made to the Agency in accordance with section 42 of the Act,
(e) that where no objection is made, or where an objection or objections is or are made and the said objection or objections is or are withdrawn, the decision of the Agency shall be in accordance with the proposed decision and shall be issued as soon as may be after the expiration of the appropriate period.
PART V
OBJECTIONS AND ORAL HEARINGS
Circulation of objections.
25. (1) The Agency shall, as soon as may be after receipt of an objection—
(a) acknowledge such receipt, and
(b) give a copy thereof to any other party (if any such) to the objection.
(2) Any other party (if any such) to the objection may make a submission in writing to the Agency in relation to the objection within a period of one month beginning on the day on which a copy of the objection is sent to that party by the Agency.
(3) Any submission received by the Agency under sub-article (2) after the expiration of the period specified in that sub-article shall not be considered by the Agency.
(4) Where no submission is received from a party to an objection within the period specified in sub-article (2), the Agency may without further notice to that party consider the objection.
Power of Agency to request a further submission by an objector.
26. 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.
Power of Agency to request submission by an objector of documents, particulars or information.
27. Where the Agency is of the opinion that any document, particulars or other information is or are necessary for the purposes of enabling it to consider an objection, the Agency may give to any party to the objection a notice under this article—
(a) requiring that party, within a period specified in the notice (being a period of not less than fourteen days beginning on the date of the giving of the notice) to submit to the Agency such document, particulars or other information as may be specified in the notice, and
(b) stating that, in default of compliance with the requirements of the notice, the Agency will, after the expiration of the period so specified and without further notice to the party, make a decision in respect of the application or in consequence of the review in question, as the case may be.
Withdrawal or abandonment of an objection.
28. (1) Where the Agency is of the opinion that an objection has been abandoned, it may give to the party who made the objection a notice stating that fact and requiring that party, within a period specified in the notice (being a period of not 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 as to why the objection should not be regarded as having been withdrawn.
(2) Where a notice has been given under sub-article (1), the agency may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Agency pursuant to the notice, declare that the objection to which the notice relates shall be regarded as having been withdrawn.
Notification of oral hearing.
29. (1) Any objector in relation to a proposed decision of the Agency, other than a person who requested an oral hearing, shall be a prescribed person for the purpose of section 42(11)(a)(iv) of the Act.
(2) A request for an oral hearing may be withdrawn at any time.
(3) Where the Agency decides to hold an oral hearing of an objection, it shall give, for the purpose of section 42(11) of the Act, not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all persons required to be notified in accordance with that section.
(4) The Agency may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Agency shall give the persons notified in accordance with section 42(11) of the Act not less than seven days notice of the new time and place or such shorter notice as may be accepted by all such persons.
Procedure at oral hearing.
30. (1) It is hereby prescribed that a person appointed by the Agency to conduct an oral hearing shall, by virtue of such appointment, be an authorised person for the purposes of the Act.
(2) A person appointed to conduct an oral hearing shall—
(a) permit any party to the objection, the local authority in whose functional area the relevant activity is or will be carried on, or such employee of the Agency as the Agency may decide, to appear in person or to be represented by another person, and
(b) decide the order of appearance of persons to be heard.
(3) Where the Agency has given notice in accordance with article 34(2) of its intention to take into account matters other than those raised by the parties to the objection, the parties shall be permitted, if present, to make submissions in relation to the said matters to the person conducting an oral hearing.
Power to require attendance at oral hearings.
31. (1) Subject to sub-article (2), the person appointed to conduct an oral hearing may, by giving notice in that behalf in writing to any party to the objection, such employee of the Agency as the Agency may decide, or the local authority in whose functional area the relevant activity is or will be carried on, require that party, employee or authority to attend at such time and place as is specified in the notice and to produce any documents, particulars, or other information in his, her or its possession, custody or control, to which the notice relates.
(2) The following provisions shall have effect for the purposes of sub-article (1)—
(a) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from the person’s ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance has been paid or tendered to that person,
(b) the Agency shall pay or tender to any person whose attendance is required such sum as the Agency, following consultation with the person appointed to conduct the oral hearing, considers will cover the reasonable and necessary expenses of the attendance,
(c) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to that person, be paid those expenses by the Agency, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) A person to whom a notice under sub-article (1) has been given shall not refuse or wilfully neglect to attend in accordance with the notice or shall not wilfully alter, suppress, conceal or destroy any documents, particulars or other information to which the notice relates or, having so attended, shall not refuse or wilfully fail to produce any documents, particulars or other information to which the notice relates.
(4) A person appointed to conduct an oral hearing may require an officer of a local authority, sanitary authority or planning authority concerned to provide any information which that person reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.
Adjournment or re-opening of an oral hearing.
32. (1) Subject to sub-articles (2) and (3), the person appointed to conduct an oral hearing may—
(a) adjourn or resume the oral hearing,
(b) having obtained the consent of the Agency, re-open the hearing, or
(c) notwithstanding that any party to the objection has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of the resumption of an oral hearing that has been adjourned indefinitely, or the reopening of an oral hearing, shall be given by the Agency to the persons first notified in accordance with section 42(11) of the Act not less than seven days before the said time or such shorter period as may be accepted by all such persons.
(3) Unless the Agency considers it expedient to do so and so directs, an oral hearing shall not be re-opened after the report thereon has been made to the Agency.
Replacement of person appointed to hold an oral hearing.
33. If, for any reason, the person appointed to conduct an oral hearing is unable or fails to conduct or complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a written report on an oral hearing to the Agency, the Agency may appoint another person to conduct the oral hearing or to conduct a new oral hearing.
Matters which may be taken into account by the Agency.
34. (1) The Agency in considering an objection may take into account matters other than those raised by a party to the objection.
(2) The Agency shall give notice in writing to each party to the objection of the matters that it proposes to take into account under sub-article (1) and shall indicate in that notice—
(a) in a case where the Agency proposes to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and is re-opened in accordance with article 32, that submissions in relation to the said matters may be made to the person appointed to conduct the hearing, or
(b) in a case where the Agency does not propose to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and the Agency does not propose to re-open the hearing, that submissions in relation to the said matters may be made to the Agency in writing within a period specified in the notice (being a period of not less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice).
(3) Submissions as aforesaid that are received by the Agency after the expiration of the period referred to in sub-article (2)(b) shall not be considered by the Agency.
(4) Without prejudice to article 26, where a party to an objection makes a submission to the Agency in accordance with sub-article (2)(b), that party shall not be entitled to elaborate in writing upon that submission or to make further submissions in writing in relation to the matters referred to in sub-article (1) and any such elaboration or submissions that are received by the Agency shall not be considered by it.
Period for consideration of an objection.
35. (1) Where it appears to the Agency that it would not be possible or appropriate, because of the particular circumstances of an objection, to carry out the procedures for the consideration of an objection, whether or not an oral hearing is held, within four months beginning on the day after the expiration of the appropriate period, the Agency shall give notice in writing to each party to the objection of the reasons why it would not be possible or appropriate, as the case may be, to carry out such procedures and shall specify the date before which the Agency intends to carry out such procedures.
(2) Where a notice has been given under sub-article (1), the Agency shall take all such steps as are open to it to ensure that the procedures are carried out before the date specified in the notice.
Notice of Agency’s decision on an application.
36. (1) The Agency shall notify each person specified in sections 42(2) and 42(11) of the Act and the public authorities, persons or bodies notified under article 18 of its decision on an application for a waste licence or on the review of a waste licence.
(2) A notification under sub-article (1) shall be accompanied by a copy of the decision referred to.
PART VI
GRANT AND REVIEW OF A WASTE LICENCE
Conditions necessary to give effect to certain provisions of Community acts.
37. The Agency shall attach to any waste licence that may be granted by it such conditions as are, in the opinion of the Agency, necessary to give effect to the provisions, specified in column (1) of the Second Schedule, of the Community acts specified correspondingly in column (2) of the Schedule, insofar as such provisions are relevant to the waste recovery or disposal activity concerned.
Conditions regarding gas control at a landfill facility.
38. In attaching conditions to a waste licence that may be granted by the Agency in respect of the disposal of waste at a landfill facility, the Agency shall, as far as is practicable, require the installation of systems to facilitate the collection and recovery or flaring of landfill gas.
Conditions regarding the recovery or disposal of waste oil.
39. For the purpose of the attachment by the Agency of conditions to a waste licence that may be granted by it in respect of the recovery or disposal of waste oils—
(a) article 11 of Council Directive 75/439/EEC14 shall apply in respect of an activity disposing of more than 500 litres of waste oil per annum, and
(b) the Agency shall take such steps as are necessary for the purposes of compliance with Article 13.2 of the said Council Directive.
Operation of mobile plant.
40. (1) The Agency may attach to a waste licence that may be granted by it conditions authorising the operation of mobile plant at more than one facility.
(2) The Agency shall not grant a revised waste licence 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 the Agency grants a waste licence in respect of the carrying on of waste recovery or disposal activities at a facility, being a facility to which a waste licence in relation to the operation of mobile plant already applies, any conditions of the waste licence first granted which relate to the operation of the said mobile plant at the facility in question shall cease to have effect.
Review of waste licence authorising discharges to groundwater.
41. The Agency shall carry out, at least once every four years, a review of a waste licence which authorises the direct or indirect discharge of substances for the time being specified in the Annex to Council Directive 80/68/EEC15 .
PART VII
LICENSING FEES
Fee for application for a waste licence.
42. (1) A fee shall be paid to the Agency by an applicant in respect of an application for a waste licence.
(2) Subject to sub-articles (3) and (4), the fee payable under sub-article (1) shall be the amount indicated in column (2) of Part I of the Third Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.
(3) Where a class of activity can be identified by reference to more than one class in column (1) of Part I of the Third Schedule, the only fee payable under sub-article (1) shall be the highest of the fees specified in column (2) of Part I of the Third Schedule opposite the class of activity so identified in column (1) of the Schedule.
(4) (a) The fee payable in respect of an application, being an application relating to the proposed operation of mobile plant at more than one facility, shall exceed the amount indicated in column (2) of Part I of the Third Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule, by a sum comprising 75% of the said amount in the case of a second and each further facility concerned.
(b) Notwithstanding paragraph (a), where the cost incurred by the Agency in determining an application in respect of the second or each further facility is less than 75% of the said amount, a lower fee may be determined by the Agency.
Fee for application for review or surrender of a waste licence.
43. (1) A fee shall be paid to the Agency in respect of an application for a review of a waste licence, or an application under section 48(2) of the Act for the surrender of a waste licence.
(2) Subject to sub-articles (3) and (4), the fee payable under sub-article (1) shall be the amount indicated in column (3) of Part I of the Third Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.
(3) Where a class of activity is identified more than once in column (1) of Part I of the Third Schedule, the fee payable under sub-article (1) shall be the highest of the fees specified in column (3) of Part I of the Third Schedule opposite the class of activity so identified in column (1) of the Schedule.
(4) (a) The fee payable in respect of an application, being an application relating to the proposed operation of mobile plant at a facility or facilities other than that or those to which the said licence relates, shall exceed the amount indicated in column (3) of Part I of the Third Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule, by a sum comprising 75% of the said amount in the case of a second and each further facility concerned.
(b) Notwithstanding paragraph (a), where the cost incurred by the Agency in determining an application in respect of the second or each further facility is less than 75% of the said amount, a lower fee may be determined by the Agency.
Fee for the making of objections.
44. (1) A fee shall be paid to the Agency in respect of the making of an objection.
(2) Subject to sub-article (3), the fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Third Schedule opposite the appropriate mention of objection in column (2) of the said Part of the Schedule.
(3) Where an objection is made to the Agency by—
(a) a local authority,
(b) a planning authority,
(c) a sanitary authority,
(d) the Central Fisheries Board,
(e) An Taisce — The National Trust for Ireland,
(f) Bord Fáilte,
(g) in the case of an activity any part of which is situate within the functional area of the Shannon Free Airport Development Company Limited, that company,
a reduced fee shall be payable in respect of the said objection, in accordance with sub-article (2).
Fee for application for transfer of a waste licence.
45. (1) A fee shall be paid to the Agency in respect of an application under section 47(2) of the Act for the transfer of a waste licence.
(2) The fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Third Schedule opposite the appropriate mention of application in column (2) of the said Part of the Schedule.
Fee for request for an oral hearing.
46. (1) A fee shall be paid to the Agency in respect of a request for an oral hearing of an objection.
(2) The fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Third Schedule opposite the mention of a request for an oral hearing in column (2) of the said Part of the Schedule.
Discretionary power to refund or waive fee in certain circumstances.
47. (1) Notwithstanding any other provision of these Regulations, the Agency shall have an absolute discretion to refund or waive up to half of the fee payable in respect of a particular application where it is satisfied that the payment in full of the fee would not be just and reasonable having regard to the relevant circumstances of the activity.
(2) A decision under sub-article (1) shall contain a statement specifying the reasons for the decision.
PART VIII
MISCELLANEOUS
Prescribed offences for the purpose of section 40(7) of the Act.
48. For the purpose of section 40(7) of the Act—
(a) a contravention of section 32(1), 32(3) or 39(1) of the Act, or
(b) an offence under section 14(6), 15(3), 34(1), 36(3), 45(4), 57(4), or 58(7), of the Act
shall be a prescribed offence.
Criteria for the determination by the Agency of a relevant person.
49. In determining whether a person shall be a relevant person for the purpose of section 40(7) of the Act, the Agency shall, where an applicant is a body corporate, have regard to whether the said person is a director, manager, secretary or other similar officer of that body corporate or is otherwise in or likely to be in a position to direct or control the carrying on of the activity to which the relevant application relates.
Revocation of 1997 and 1998 Regulations.
50. Subject to article 51, the Waste Management (Licensing) Regulations, 1997 and the Waste Management (Licensing) (Amendment) Regulations, 1998 are hereby revoked.
Transitional.
51. The provisions of the Waste Management (Licensing) Regulations, 1997, as amended, shall, notwithstanding article 50, continue to apply and have effect in relation to any application that is made, or any review that is notified under section 42(1)(b) of the Act, before the coming into operation of these Regulations.
FIRST SCHEDULE
Prescribed dates for the purpose of Section 39(1) of the Act
Waste Activity
Prescribed Date
(1)
(2)
1. The disposal of waste at a landfill facility (other than an existing facility).
1 May, 1997
2. The disposal of hazardous waste (other than at an existing facility)
1 May, 1997
3. The disposal of waste at a facility (other than an existing facility) where the annual intake exceeds 25,000 tonnes
1 May, 1997
4. The disposal of waste at a certified facility
1 May, 1997
5. The disposal of waste at a landfill facility where the annual intake exceeds 40,000 tonnes per annum
1 October, 1997
6. The disposal of waste at a landfill facility where the annual intake exceeds 20,000 tonnes per annum
1 March, 1998
7. The disposal of waste at a landfill facility where the annual intake does not exceed 20,000 tonnes per annum, other than such a landfill operated by or on behalf of a county council, a county borough corporation, a borough corporation or an urban district council
1 May, 1998
8. The disposal of waste at a facility where the annual intake exceeds 25,000 tonnes per annum
1 May, 1998
9. The disposal of hazardous waste (other than at a landfill facility)
1 May, 1998
10. The recovery or disposal of waste at a facility (other than an existing facility) operated by or on behalf of a local authority
20 May, 1998
11. The recovery or disposal of waste at a facility (other than an existing facility) which is not located within the functional area of a local authority
20 May, 1998
12. The disposal of waste at a facility (other than an existing facility or a facility operated by or on behalf of a local authority) where the annual intake exceeds 5,000 tonnes per annum
20 May, 1998
13. The recovery of hazardous waste at a facility (other than an existing facility)
20 May, 1998
14. The composting of waste at a facility (other than an existing facility) where the amount of compost and waste held at the facility exceeds 1,000 cubic metres at any time
20 May, 1998
15. The disposal of waste (other than hazardous waste) at a facility (other than an existing facility, a landfill facility, a facility operated by or on behalf of a local authority or a facility which is not located within the functional area of a local authority) where the annual intake does not exceed 5,000 tonnes per annum
20 May, 1998
16. The recovery of waste (other than hazardous waste) at a facility (other than an existing facility, a facility operated by or on behalf of a local authority, a facility which is not located within the functional area of a local authority, or a facility for the composting of waste where the amount of compost and waste held at the facility exceeds 1,000 cubic metres at any time)
20 May, 1998
17. The disposal of waste at a landfill facility operated by or on behalf of a county council, a county borough corporation, a borough corporation or an urban district council where the annual intake exceeds 5,000 tonnes per annum
1 October, 1998
18. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility, a facility operated by or on behalf of a local authority or a facility which is not located within the functional area of a local authority) where the annual intake does not exceed 5,000 tonnes per annum
1 October, 1998
19. The recovery of waste (other than hazardous waste) at a facility (other than a facility operated by or on behalf of a local authority, a facility which is not located within the functional area of a local authority, or a facility for the composting of waste where the amount of compost and waste held at the facility exceeds 1,000 cubic metres at any time)
1 October, 1998
20. The disposal of waste at a landfill facility
1 March, 1999
21. The disposal of waste at a facility operated by or on behalf of a local authority
1 March, 1999
22. The recovery of PCB contaminated equipment
1 March, 1999
23. The recovery of waste oils
1 March, 1999
24. The recovery or disposal of waste at a facility which is not located within the functional area of a local authority
1 March, 1999
25. The disposal of waste at a facility (other than a facility operated by or on behalf of a local authority) where the annual intake exceeds 5,000 tonnes per annum
1 October, 1999
26. The recovery of hazardous waste
1 October, 1999
27. The recovery of waste at a facility operated by or on behalf of a local authority
1 October, 1999
28. The composting of waste at a facility where the amount of compost and waste held at the facility exceeds 1,000 cubic metres at any time
1 October, 1999
SECOND SCHEDULE
Provisions of Community acts which are to be given effect to in relevant waste licences granted by the Agency.
Relevant Provisions
Community act
(1)
(2)
Articles 4, 6, 7, 10, 11 and 12
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.
Articles 4, 5, 8, 9, 10 and 18
Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
Article 8
Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos.
Articles 2.2 to 2.4 and 4.3
Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste.
Articles 4(6), 8(2) and 9(1)
Council Directive 96/59/EC of 16 September, 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls.
Articles 3, 8, 9, 10 and 18.2
Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control.
THIRD SCHEDULE
PART I
Fees payable to the Agency in respect of an application for a waste licence or the review of a waste licence, or for the surrender of a licence.
Waste activity
Amount of fee for an application for a waste licence
Amount of fee for a review or surrender of a waste licence
(1)
(2)
(3)
£
£
1. The disposal of waste at a landfill facility where the annual intake is likely to exceed 100,000 tonnes.
18,000
13,000
2. The disposal of waste at a landfill facility where the annual intake is likely to exceed 40,000 tonnes but be less than 100,000 tonnes
16,000
12,000
3. The disposal of waste at a landfill facility where the annual intake is likely to exceed 20,000 tonnes but be less than 40,000 tonnes
13,000
10,000
4. The disposal of waste at a landfill facility where the annual intake is likely to exceed 5,000 tonnes but be less than 20,000 tonnes
10,000
8,000
5. The disposal of waste at a landfill facility where the annual intake is likely to be less than 5,000 tonnes
5,000
3,000
6. The disposal of hazardous waste
16,000
12,000
7. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake exceeds or is likely to exceed 100,000 tonnes
10,000
7,000
8. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is likely to exceed 25,000 tonnes but be less than 100,000 tonnes
6,000
5,000
9. The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is less than 25,000 tonnes per annum
5,000
3,000
10 The recovery of waste
5,000
3,000
PART II
Other fees payable to the Agency in relation to waste licences
(1)
(2)
(3)
Amount of fee
(£)
Article 43
Objection by the applicant or licensee
250
Objection by an authority or body mentioned in article 43(3)
50
Objection by any other person
150
Article 44
Application for transfer of a waste licence
2,000
Article 45
Request for an oral hearing
50
Dated this 23rd day of June 2000.
DAN WALLACE,
Minister of State at the Department of the Environment and Local Government
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for the continued operation of the system of licensing by the Environmental ProtectionAgency of waste recovery and disposal activities under Part V of the Waste Management Act, 1996 . The Regulations set out procedures for the making of waste licence applications, reviews of licences and consideration by the Agency of objections, including the holding of oral hearings.
These Regulations also provide for the licensing of mobile plant used for the recovery and disposal of waste at more than one site.
The Waste Management (Licensing) Regulations, 1997 and the Waste Management (Licensing) (Amendment) Regulations, 1998 are revoked.
1O.J. No. L194/23, 25 July, 1975, and O.J. No. L42/43, 12 February, 1987.
2O.J. No. L194/39, 25 July, 1975, and O.J. No. L78/32, 26 March, 1991.
3O.J. No. L20/43, 26 January, 1980.
4O.J. No. L175/40, 5 July, 1985, and O.J. No. L73/5 of 14 March, 1997.
5O.J. No. L85/40, 28 March, 1987.
6O.J. No. L377/20, 31 December, 1991.
7O.J. No. L243/31, 24 September, 1996.
8O.J. No. L257/26, 10 October, 1996.
9Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
10Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
11Council Directive 85/337/EEC of 27 June, 1985 on the assessment of the effects of certain public and private projects on the environment.
12Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control.
1313 Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
1414 Council Directive 75/439/EEC on the disposal of waste oils, as amended by Council Directive 87/101/EEC.
1515 Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
S.I. No. 395/2004 –
Waste Management (Licensing) Regulations 2004
IVEN EFFECT IN RELEVANT WASTE LICENCES GRANTED BY THE AGENCY
S.I. No. 395 of 2004
WASTE MANAGEMENT (LICENSING) REGULATIONS 2004
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7 , 18 , 19 , 39 , 40 , 41 , 42 , 44 , 45 , 46 , 50 , 53 and 53A of the Waste Management Act 1996 (as amended) and by section 3 of the European Communities Act 1972 (No. 27 of 1972), hereby makes the following Regulations:-
PART I
PRELIMINARY AND GENERAL
Citation and commencement.
1. (1) These Regulations may be cited as the Waste Management (Licensing) Regulations 2004.
(2) These Regulations shall come into operation on the 12th day of July 2004.
Revocations.
2. (1) Subject to sub-article (2), the Regulations specified in the First Schedule to these Regulations 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, or any review that is notified under section 42(1)(b) of the Act, before the coming into operation of these Regulations.
Purpose of Regulations.
3. The purposes for which these Regulations are made include the purpose of giving effect to provisions of-
(a) 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 19861 ,
(b) Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 19912 ,
(c) Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances3 ,
(d) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 19974 ,
(e) Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos5 ,
(f) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste6 ,
(g) Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls7 ,
(h) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control8 , and
(i) Council Directive 99/31/EC of 26 April 1999 on the landfill of waste9 .
Interpretation generally.
4. (1) In these Regulations, any reference to a Schedule, Part or article that is not otherwise identified is reference to a Schedule, Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph that is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(3) In these Regulations, save where the context otherwise requires –
“the Act” means the Waste Management Act 1996 , as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), the Planning and Development Act 2000 (No. 30 of 2000) and the Protection of the Environment Act 2003 (No. 27 of 2003);
“the Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by the Protection of the Environment Act 2003 ;
“the Act of 2000” means the Planning and Development Act 2000 ;
“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;
“application” means an application for a waste licence or for the review of a waste licence;
“applicant” means an applicant for a waste licence or for the review of a waste licence;
“decontamination”, in relation to PCBs, used PCBs and equipment containing PCBs, means any operation which enables equipment, objects, materials or fluids contaminated by PCBs to be recovered or disposed of without causing environmental pollution, including the replacement of PCBs by fluids which do not contain PCBs, and “decontaminated” shall be construed accordingly;
“development” has the meaning assigned to it in the Act of 2000;
“inert waste” means waste –
(i) that does not undergo any significant physical, chemical or biological transformations;
(ii) that 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, and
(iii) in particular, will not endanger the quality of surface water or groundwater;
“infectious” means, in relation to waste, substances containing viable microorganisms or their toxins which are known or reliably believed to cause disease in persons or other living organisms;
“Landfill Directive” means Council Directive 99/31/EC of 26 April 1999 on the landfill of waste10 ;
“leachate” has the meaning assigned to it in section 5 of the Act, and “leachability” and “leaching behaviour” shall be construed accordingly;
“liquid waste” means any waste in liquid form, including waste waters but excluding sludge;
“integrated pollution prevention and control licence” means a licence or revised licence granted under Part IV of the Act of 1992 to which a landfill facility is subject;
“Member State” means a Member State of the European Communities;
“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 disposal of waste for the time being specified in section 51(2)(a) of the Act;
“new landfill facility” means a landfill facility which –
(i) came or comes into operation, and
(ii) is subject to a waste licence or an integrated pollution prevention and control licence that was or is granted,
on or after 16 July 2001;
“objection” means an objection under section 42 of the Act and “objector” shall be construed accordingly;
“oral hearing” means an oral hearing under section 42 of the Act;
“party to the objection” means any of the following persons –
(i) the objector,
(ii) the applicant for a waste licence, or the licensee in the case of a review of a waste licence, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee),
and “party” shall be construed accordingly;
“PCBs” means –
(i) polychlorinated biphenyls,
(ii) polychlorinated terphenyls,
(iii) monomethyl-tetrachlorodiphenyl methane,
(iv) monomethyl-dichloro-diphenyl methane,
(v) monomethyl-dibromo-diphenyl methane, or
(vi) any mixture containing in excess of 0.005% by weight of any of the substances specified at (i) to (v);
“PCB contaminated equipment” means any equipment (including any transformer, power capacitor or receptacle containing residual stocks) which-
(i) contains PCBs, or
(ii) having contained PCBs, has not been decontaminated;
“Planning and Development Regulations” means the Planning and Development Regulations 2001 to 2003;
“planning permission” means a permission granted under Part III of the Act of 2000;
“the register” means the register established by the Agency under section 19 of the Act;
“review of a waste licence” means a review of a waste licence under section 46 of the Act;
“tyres” means all tyres other than bicycle tyres and tyres with an outside diameter of more than 1,400 millimeters;
“waste licence” means a waste licence for the purposes of Part V of the Act;
“waste oils” means any mineral-based lubrication or industrial oils which have become waste (including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils).
(4) Any equipment of a type which is likely to contain PCBs shall for the purposes of these Regulations, be considered as containing PCBs unless it is reasonable to assume the contrary.
(5) Where any part of a facility for the recovery or disposal of waste is located in an area which is not within the functional area of any local authority, the facility shall be deemed, for the purposes of these Regulations, to be a facility which is not located within the functional area of a local authority.
PART II
NOTICES REGARDING APPLICATIONS FOR OR REVIEWS OF WASTE LICENCES
Notice of intention to apply to the Agency for a waste licence or the review of a waste licence.
5. An applicant shall
(a) within the period of two weeks before the making of an application for a waste licence or for the review of a waste licence, publish notice of the intention to make the application in a newspaper circulating in the area or areas in which the activity is or will be carried on, in accordance with article 6, and
(b) not later than the making of the application in question, give notice of the application by the erection or fixing of a site notice on each facility or premises concerned, in accordance with article 7.
Notices in newspapers.
6. A notice published in a newspaper pursuant to article 5 shall contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A WASTE LICENCE” or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A WASTE LICENCE”, as the case may be, and shall-
(a) give the name and address of the applicant,
(b) state the location or postal address (including, where appropriate, the name of the townland or townlands) and the National Grid reference of each facility or premises to which the application relates,
(c) specify the nature of the development, the type of plant (where applicable), the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act, the quantity and nature of wastes involved and in the case of two or more activities, identify the principal activity,
(d) where the application is required to be accompanied by an environmental impact statement in accordance with Part III, state that such a statement will be submitted to the Agency with the application,
(e) state that a copy of
(i) the application for a waste licence or for the review of a waste licence, as the case may be,
(ii) the environmental impact statement (where the application is required to be accompanied by such statement in accordance with Part III), and
(iii) such further information relating to the application as may be furnished to the Agency in the course of the Agency’s consideration of the application,
will, as soon as is practicable after receipt by the Agency, be available for inspection or purchase, at the headquarters of the Agency and, where the applicant is a local authority, at the principal office of the said authority.
Site notices.
7. (1) A site notice erected or fixed on any facility or premises pursuant to article 5 shall –
(a) be painted or inscribed, or printed and affixed, on a durable material,
(b) be securely erected or fixed in a conspicuous position-
(i) on or near the main entrance to the facility or premises from a public road, or
(ii) on any other part of the facility or premises adjoining a public road,
and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road.
(2) Where a facility or premises to which an application for a waste licence or for the review of a waste licence relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the facility or premises so as to be easily visible and legible by persons outside the facility or premises.
(3) A site notice erected or fixed on any facility or premises pursuant to article 5 shall be headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A WASTE LICENCE” or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A WASTE LICENCE”, as the case may be, and shall –
(a) indicate the site location or proposed location of the activity, and
(b) comply with the requirements specified in paragraphs (a), (c), (d) and (e) of article 6.
(4) A site notice erected or fixed on any facility or premises pursuant to article 5 shall be maintained in position where erected or fixed for at least two months after the making of the relevant application, 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.
Further notice.
8. Where-
(a) a period of more than two weeks has elapsed between the publication in a newspaper of a notice in accordance with article 5 and the making of the relevant application, or
(b) it appears to the Agency that any notice published or given in pursuance of article 5-
(i) if published in a newspaper, does not comply with the provisions of article 6, or
(ii) if erected or fixed on any facility or premises, does not comply with the provisions of article 7, or
(iii) is, because of its content or for any other reason, misleading or inadequate for the information of the public,
the Agency shall require the applicant to publish, erect or fix such further notice in such manner, whether in a newspaper or otherwise, 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.
Notice to the relevant planning authority.
9. (1) An applicant, not being the local authority in whose functional area a facility or premises to which the relevant application relates is located, shall give written notice of the said application to any relevant planning authority.
(2) A notice required to be given to a planning authority under subarticle (1) shall contain the information specified in article 6.
Notice by the Agency of intention to review a waste licence.
10. (1) Where the Agency proposes to initiate a review of a waste licence under section 46 of the Act, it shall publish a notice of such intention in a newspaper circulating in the area or areas in which the activity, the subject matter of the licence, is or will be carried on.
(2) A notice given under section 42(1)(b) of the Act or published in accordance with sub-article (1) shall indicate the reference number given to the waste licence in the register established by the Agency under section 19 of the Act, and state the reason for the proposed review.
(3) A notice given under section 42(1)(b) of the Act to a licensee –
(a) may require the licensee to furnish such submissions, plans, documents and other information and particulars as the Agency considers necessary for the purpose of the proposed review, and
(b) shall indicate that a submission relating to the proposed review may be made in writing to the Agency within one month of the date of the giving of the notice, and the Agency shall not give notice of a proposed decision under section 42(2) of the Act before the expiry of the said period.
PART III
APPLICATION FOR A WASTE LICENCE OR THE REVIEW OF A WASTE LICENCE
Making of an application to the Agency.
11. An application shall be submitted to the principal office of the Agency.
Contents of an application for a waste licence or the review of a waste licence.
12. (1) Subject to sub-article (2), in the case of an application for a waste licence, the application shall –
(a) give the name, address and, where applicable, any telephone number and telefax number of the applicant (and, if different, the operator of the facility concerned), the address to which correspondence relating to the application should be sent and, if the applicant or operator is a body corporate, the address of its registered office or principal office,
(b) give the name of the planning authority in whose functional area the relevant activity is or will be carried on,
(c) in the case of a discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer of a sanitary authority, give the name of the sanitary authority in which the sewer is vested or by which it is controlled,
(d) give the location or postal address (including, where appropriate, the name of the townland or townlands) and the National Grid reference of the facility or premises to which the application relates,
(e) describe the nature of the facility or premises concerned, including the proposed capacity of the facility or premises and, in the case of an application in respect of the landfill of waste, the requirements specified in Annex 1 of the Landfill Directive,
(f) specify the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act and, in the case of an application in respect of the landfill of waste, specify the class of landfill in accordance with Article 4 of the Landfill Directive,
(g) specify, by reference to the relevant European Waste Catalogue codes as presented by Commission Decision 2000/532/EC of 3 May 200011 , the quantity and nature of the waste or wastes which will be treated, recovered or disposed of,
(h) specify the raw and ancillary materials, substances, preparations, fuels and energy which will be utilised in or produced by the activity,
(i) describe the plant, methods, processes, ancillary processes, abatement, recovery and treatment systems and operating procedures for the activity,
(j) provide information for the purpose of enabling the Agency to make a determination in relation to the matters specified in paragraphs (a) to (g) of section 40(4) of the Act,
(k) give particulars of the source, location, nature, composition, quantity, level and rate of emissions arising from the activity and, where relevant, the period or periods during which such emissions are made or are to be made,
(l) give details, and an assessment of the effects, of any existing or proposed emissions on the environment, including any environmental medium other than that into which the emissions are, or are to be, made, and of proposed measures to prevent or eliminate or, where that is not practicable, to limit or abate such emissions,
(m) identify monitoring and sampling points and indicate proposed arrangements for the monitoring of emissions and the environmental consequences of any such emissions,
(n) describe any proposed arrangements for the prevention, minimisation and recovery of waste arising from the activity concerned,
(o) describe any proposed arrangements for the off-site treatment or disposal of solid or liquid wastes,
(p) describe 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,
(q) describe the proposed measures for the closure, restoration, remediation or aftercare of the facility concerned, after the cessation of the activity in question,
(r) in the case of an application in respect of the landfilling of waste, give particulars of –
(i) such financial provision as is proposed to be made by the applicant, having regard to the provisions of Articles (7)(i) and (8)(a)(iv) of the Landfill Directive and section 53(1) of the Act, and
(ii) such charges as are proposed or made, having regard to the requirements of section 53A of the Act,
(s) state whether the activity is for the purposes of an establishment to which the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 ( S.I. No. 476 of 2000 ) apply,
(t) in the case of an activity which gives rise or could give rise to an emission into an aquifer containing the List I and II substances specified in the Annex to Council Directive 80/68/EEC of 17 December 1979, describe the existing or proposed arrangements necessary to give effect to Articles 3, 4, 5, 6, 7, 8, 9 and 10 of the aforementioned Council Directive,
(u) include a non-technical summary of the information provided in accordance with paragraphs (a) to (t) of this sub-article.
(2) In the case of an application for a waste licence in respect of the operation of mobile plant at more than one facility, the information specified in sub-article (1) shall, as appropriate, be provided in respect of the carrying on of the activity concerned at each such facility.
(3) (a) An application for the review of a waste licence shall:
(i) state the grounds on which it is made,
(ii) specify the reference number given to the relevant licence in the register, and
(iii) include the information specified in sub-article (1) and such plans, documents and particulars as are specified under sub-article (4) to the extent and in such manner as may be specified in writing by the Agency.
(b) In the case of an application for the review of a waste licence, being an application relating to the proposed operation of mobile plant at a facility or facilities other than that or those to which the said licence relates, the application shall provide the information specified in sub-article (1) in respect of the carrying on of the activity concerned at each such facility, to the extent and in such manner as may be specified in writing by the Agency.
(c) An application for the review of a waste licence, being a licence relating to the operation of mobile plant at a facility or facilities, may not be made for the purpose of carrying on an activity other than the use of mobile plant at any such facility, and the Agency shall not be required to consider any such application.
(4) Without prejudice to sub-articles 13(1) and (2), 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 article 6 has been published,
(b) a copy of the text of the notice or notices erected or fixed in accordance with article 7,
(c) where appropriate, a copy of a notice or notices given to a planning authority under article 9,
(d) a copy of such plans, including a site plan or plans and location map or maps, and such other particulars, reports and supporting documentation as are necessary to identify and describe, as appropriate –
(i) the position of the notice in accordance with article 7,
(ii) the point or points from which emissions are made or are to be made, and
(iii) the point or points at which monitoring and sampling are undertaken or are to be undertaken,
(e) such fee as is appropriate having regard to the provisions of articles 40 and 41.
(5) (a) An application by a local authority in respect of the carrying on of an activity at a facility located within the functional area of the authority shall be accompanied by 2 copies of the application and of all accompanying documents and particulars as required under sub-article (4).
(b) An application other than one to which paragraph (a) refers shall be accompanied by 3 copies of the application or such other number of copies as the Agency shall determine and of all accompanying documents and particulars as required under sub-article (4).
(c) For the purpose of paragraphs (a) and (b), all or part of the necessary copies of the said application and associated documents and particulars may, with the agreement of the Agency, be submitted in a computer or other non-legible format specified by the Agency.
Certain applications to be accompanied by an environmental impact statement or to comply with other requirements where exemption has been granted.
13. (1) Where development is proposed to be carried out, being development which comprises or is for the purposes of a waste recovery or waste disposal activity, and is of a class for the time being specified under article 93 of the Planning and Development Regulations, an application in respect of the relevant activity shall, in addition to the matters prescribed in article 12, be accompanied by three copies of an environmental impact statement prepared in respect of the said development.
(2) Where development is proposed to be carried out, being development which comprises or is for the purposes of a waste recovery or waste disposal activity, and is subject to a requirement under article 103 of the Planning and Development Regulations to submit an environmental impact statement, an application in respect of the relevant activity shall, in addition to the matters prescribed in article 12, be accompanied by three copies of the environmental impact statement prepared in respect of the said development.
(3) Sub-articles (1) and (2) shall not apply where the provisions of an order made under section 54(7) of the Act or an exemption granted under section 172(3) of the Act of 2000 apply.
(4) An environmental impact statement submitted to the Agency in accordance with sub-articles (1) and (2) shall comply with article 94 of the Planning and Development Regulations.
(5) Where an order under section 54(7) of the Act has been made or an exemption under section 172(3) of the Act of 2000 has been granted in respect of development comprising or for the purposes of a waste recovery or waste disposal activity, has applied other requirements in relation to the risk of environmental pollution from the activity, an application in respect of the said activity shall comply with the said requirements applied by the Minister.
(6) Notwithstanding the requirements of sub-articles (1) and (2), all or part of 3 copies of the environmental impact statement may, with the agreement of the Agency, be submitted in a computer or other non-legible format specified by the Agency.
Procedure on receipt of an application.
14. (1) On receipt of an application, the Agency shall –
(a) stamp the application with the date of receipt, and
(b) examine whether the requirements of articles 12 and sub-articles 13(1) and (2) have been complied with.
(2) (a) Where the Agency considers that the requirements of articles 12 and sub-articles 13(1) and (2) have been complied with in respect of an application, it shall send to the applicant an acknowledgement of receipt of the application.
(b) Where the Agency considers that any of the requirements of articles 12 and sub-articles 13(1) and (2) 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, by notice in writing –
(i) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(ii) require the applicant, within such period as may be specified by the Agency, to take such steps or furnish such submissions, plans, documents or other information and particulars, as the Agency considers are necessary for compliance with the said requirements.
PART IV
CONSIDERATION OF APPLICATIONS AND REVIEWS
Submissions to the Agency regarding applications.
15. For the purpose of section 40(2)(b) of the Act, a person may make a written submission to the Agency in relation to –
(i) an application, and
(ii) such plans, documents and other information and particulars, including an environmental impact statement, as are submitted by the applicant in accordance with articles 12, 13, 14 and 16,
and the Agency shall not give notice of a proposed decision under section 42(2) of the Act before the expiry of a period of one month following the date of a relevant –
(a) acknowledgement in accordance with article 14(2)(a), or
(b) notice in accordance with article 16(2)(a), or
(c) acknowledgement in accordance with article 16(4),
whichever such date is the later.
Further information.
16. (1) (a) Where the Agency receives an application, it may, by notice in writing, require the applicant within one month or such other period as may be specified by the Agency –
(i) to furnish such further information or particulars relating to the application as it considers necessary to enable it make a decision in respect of the application, or
(ii) to 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.
(b) If the applicant fails to comply with a requirement of a notice issued under paragraphs (a)(i) or (a)(ii), the Agency may, as it is considers appropriate, having regard to the extent of the failure to comply with such notice, inform the applicant of such failure and that the application cannot be considered by the Agency.
(2) Where further information in respect of an application to which sub-articles 13(1) and (2) relate is received by the Agency pursuant to a requirement under sub-article (1) and the Agency considers that such information contains significant additional data in relation to the effects on the environment of development which comprises or is for the purposes of the waste recovery or disposal activity to which the application relates, the Agency shall –
(a) require the applicant to publish in a newspaper circulating in the area in which the said activity is or would be carried on a notice, in such form as may be specified by the Agency, stating that further information in relation to the effects on the environment of the proposed development has been furnished to the Agency, and
(b) send a copy of such information to each authority, person or body to which it gives or has given a notice under article 18(1).
(3) (a) Where the Agency has given a notice under section 42(1)(b) of the Act to a licensee, it may, by further notice in writing, require the licensee –
(i) to submit such further information or particulars as it considers necessary to enable it to complete the review, or
(ii) to produce such evidence as it may reasonably require to verify any information or particulars furnished by the licensee in response to such notice or further notice.
(b) If the applicant fails to comply with a requirement of a notice issued under paragraphs (a)(i) or (a)(ii), the Agency may, as it is considers appropriate, having regard to the extent of the failure to comply with such notice, inform the applicant of such failure and that the application cannot be considered by the Agency.
(4) Where the Agency considers that the requirements of a notice given under sub-articles (1) or (3) have been complied with, it shall send to the licensee an acknowledgement to that effect.
(5) Where there is a failure or refusal to comply with a requirement under the foregoing sub-articles within one month of the date of notice of such requirement, the Agency may, if it thinks fit, proceed with its consideration of the application or the review, as the case may be, and to give a notification under section 42(2) of the Act in the absence of the information, particulars or evidence specified in the requirement.
Impact on the environment in another Member State.
17. (1) Where the Agency receives an application, other than an application in respect of which a notice in accordance with article 14(2)(b)(i) has been or will be given, and it appears to the Agency that the activity, the subject of the application –
(a) would or is likely to have a significant impact on the environment in another Member State, or
(b) would or may give rise to the direct or indirect discharge into transfrontier groundwater of substances specified in the Annex to Council Directive 80/68/EEC12 ,
the Agency shall, as soon as may be after receipt of the said application, notify the appropriate competent authority in the Member State concerned.
(2) The Agency shall notify the Minister of any notice given in accordance with sub-article (1) or any request to which sub-article (4) relates.
(3) A notice given in accordance with sub-article (1) shall be accompanied by a copy of the relevant application and of all accompanying documents and particulars, including any environmental impact statement received by the Agency in accordance with the provisions of Part III, and shall as a minimum indicate –
(a) the reference number given to the application or relevant licence in the register,
(b) the name and address of the applicant or licensee,
(c) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) and the National Grid reference of the relevant facility or premises,
(d) the class or classes of activity concerned in accordance with the Third and Fourth Schedule to the Act,
(e) the date of receipt of the application,
(f) where relevant, the name of the planning authority to which a copy of the environmental impact statement has been, or will be, submitted,
(g) that the notification is for the purpose of giving effect to Article 17 of Council Directive 80/68/EEC13 , Article 7 of Council Directive 85/337/EEC14 and/or Article 17 of Council Directive 96/61/EC15 , as the case may be,
(h) the nature of the relevant discharges to transfrontier groundwater or other impacts on the environment of the Member State concerned, as the case may be, and
(i) that the competent authority concerned may, within a period of four weeks from the date of such notice, make a written submission to the Agency or request consultations with the Agency in relation to the proposed activity.
(4) Upon request by the competent authority in a Member State, the environment of which would or is likely to be significantly affected by an activity which is the subject of an application under this Part, the Agency shall, as soon as may be, forward to the said authority the material specified in sub-article (3).
(5) (a) The Agency, before it gives notice of a proposed decision under section 42(2) of the Act in respect of an application to which sub-article (1) applies –
(i) shall comply with any reasonable request for consultations in relation to the said application which is received from a relevant competent authority within the period specified in sub-article (3)(i), and
(ii) shall have regard to any written submission from the competent authority concerned arising directly from such consultations.
(b) The Commission of the European Communities may participate in any consultations arising under paragraph (a).
Notice to certain public authorities and bodies.
18. (1) Where the Agency receives an application, other than an application in respect of which a notice in accordance with article 14(2)(b)(i) has been or will be given, or has given a notice of intention to review a waste licence under section 42(1)(b) of the Act, it shall notify –
(a) the Minister for the Environment, Heritage and Local Government,
(b) the Minister for Communications, Marine and Natural Resources,
(c) the Central Fisheries Board,
(d) An Taisce – The National Trust for Ireland,
(e) any local authority in whose functional area the activity is or will be situate, where the said authority is not the applicant,
(f) in the case of a discharge to which section 99E of the Act of 1992 relates, the relevant sanitary authority, where the said authority is not the applicant,
(g) any relevant health board,
(h) the National Authority for Occupational Safety and Health,
(i) Fáilte Ireland,
(j) Teagasc,
(k) in the case of an activity any part of which is situate within the functional area of the Shannon Free Airport Development Company Limited, that company, and
(l) such other public authorities, persons or bodies, if any, as the Agency considers necessary having regard to the nature and extent of the activity to which the application or review refers.
(2) A notice given in accordance with sub-article (1) shall as a minimum indicate –
(a) the reference number given to the application or relevant licence in the register,
(b) the name and address of the applicant or licensee, as the case may be,
(c) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) and the National Grid reference of each facility or premises to which the application relates, and
(d) the class or classes of activity concerned in accordance with the Third and Fourth Schedule of the Act.
(3) Where an environmental impact statement is received by the Agency in accordance with the provisions of Part III, the Agency shall send a copy of the statement to each authority, person or body to which it gives or has given a notice under sub-article (1) and indicate, where relevant, the name of the planning authority to which the environmental impact statement has been, or will be, submitted.
(4) Without prejudice to sub-articles 16(2), 18(1) and 18(3), the Agency shall not be obliged to notify any person of the receipt by the Agency of plans, documents, or other information or particulars in accordance with articles 12, 13, 14 or 16.
Availability and inspection of documents.
19. (1) The Agency shall make the documents or other items specified in sub-article (2) available for public inspection during office hours at the headquarters of the Agency from as soon as may be after receipt of the documents or other items or the giving of notice as the case may be.
(2) The following are specified for the purposes of sub-article (1) –
(a) an application,
(b) a notice given to a licensee under section 42(1)(b) of the Act,
(c) such other notices as are given by the Agency under Part V of the Act or under these Regulations in respect of an application or review, and
(d) such submissions, plans, documents and other information and particulars, including an environmental impact statement, and such evidence and objections as are received or obtained by the Agency from an applicant, licensee or any other person in accordance with Part V of the Act or in accordance with these Regulations in respect of an application or review.
(3) In the case of an application by a local authority or the review by the Agency of a waste licence granted to a local authority, the said authority shall make the documents or other items specified in sub-article (4) available for public inspection during office hours at the principal office of the authority, from as soon as may be after they have been submitted to or received from the Agency, as the case may be, for a period of not less than 2 months after the date on which the Agency has given its decision on the relevant application or review, as the case may be.
(4) The following are specified for the purposes of sub-article (3) –
(a) the application,
(b) a notice under section 42(1)(b) of the Act in respect of a licence which has been granted to the local authority,
(c) such other notices as are received from the Agency under Part V of the Act or under these Regulations in respect of the application or review, and
(d) such submissions, plans, documents and other information and particulars, including an environmental impact statement, and such evidence and objections as are submitted by the local authority to the Agency in accordance with Part V of the Act or in accordance with these Regulations.
(5) For the purposes of sub-articles (1) and (3), a copy of the documents specified in those sub-articles, or any extract therefrom, shall be made available on request during office hours at the headquarters of the Agency or the principal office of the local authority, as the case may be, for purchase at such charge (if any), not exceeding the reasonable cost of making such copies, as the Agency or local authority may determine.
(6) For the purposes of sub-articles (1) and (3), all or part of the documents or other items specified in sub-articles (2) and (4), and any report to which sub-article (8) refers, may be made available for public inspection in a computer format.
(7) Notwithstanding sub-article (5), a plan or other drawing or photograph may be made available for inspection only.
(8) A copy of any written report prepared by or for the Agency for the purpose of making a decision in respect of an application or in consequence of a review of a waste licence, including any written report made under section 44(3) of the Act, or any extract therefrom, shall, following the decision to grant or refuse the said waste licence in accordance with section 40(1) of the Act, be made available on request during office hours at the headquarters of the Agency, for inspection, or for purchase at such charge (if any), not exceeding the reasonable cost of making such copies, as the Agency may determine.
(9) An applicant or licensee, as the case may be, shall comply with any request from the Agency for such further number of copies as the Agency may specify of –
(a) the relevant application and all accompanying documents and particulars, including an environmental impact statement, or
(b) such documents or particulars as may have been provided to the Agency by the licensee in relation to a review to which section 42(1)(b) of the Act refers.
Defrayal or contribution towards costs of investigations.
20. (1) The Agency may, by notice in writing, require an applicant or licensee, as the case may be, to defray or contribute towards the cost of any investigations carried out or caused to be carried out by the Agency so as to enable it properly to decide on an application or the review of a waste licence which was proposed by the Agency
(2) The amount of any payment required under sub-article (1), taken together with such fee as may be payable under Part VII in respect of the relevant application or review, shall not exceed the costs incurred by the Agency in deciding on the said application or review.
(3) An applicant or licensee shall comply with any requirement of a notice under sub-article (1) within such period, being a period of not less than three weeks, as may be specified in the said notice.
Withdrawal or abandonment of an application or submission.
21. (1) An application (other than an application in respect of a waste recovery of disposal activity carried on or after the date prescribed for the purposes of section 39(1) of the Act in relation to the said activity), or a submission referred to in article 15 may be withdrawn at any time before the making of the decision of the Agency on the application.
(2) Where the Agency is of the opinion that an application or submission has been abandoned, it may give to the applicant or the person making the submission a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than fourteen or not more than twenty-eight days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the application or submission should not be regarded as having been withdrawn.
(3) Where a notice has been given under sub-article (2), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Agency pursuant to the notice, declare that the application or submission to which the notice relates shall be regarded as having been withdrawn.
(4) Where pursuant to this article the Agency declares that an application is to be regarded as having been withdrawn, any submission or objection in relation to the application shall not be further considered by the Agency.
Notification of proposed decision on applications.
22. (1) The following persons are hereby prescribed for the purpose of section 42(2)(d) of the Act –
(a) in the case of an application in respect of which notice has been given under article 17, the relevant competent authority and the Minister,
(b) in the case of an application or review in respect of which notice has been given under article 18(1), each public authority, person or body so notified.
(2) Every notification given under section 42(2) of the Act shall, in addition to the matters specified in that sub-section, specify –
(a) the reference number given to the application or the licence in the register,
(b) the activity to which the proposed decision relates,
(c) the day of the giving of the notification,
(d) that an objection against the proposed decision may be made to the Agency in accordance with section 42 of the Act,
(e) that where no objection is made, or where an objection or objections is or are made and the said objection or objections is or are withdrawn, the decision of the Agency shall be in accordance with the proposed decision and shall be issued as soon as may be after the expiration of the appropriate period.
PART V
OBJECTIONS AND ORAL HEARINGS
Circulation of objections.
23. (1) The Agency shall, as soon as may be after receipt of an objection –
(a) acknowledge such receipt, and
(b) give a copy thereof to any other party (if any such) to the objection.
(2) Any other party (if any such) to the objection may make a submission in writing to the Agency in relation to the objection within a period of one month beginning on the day on which a copy of the objection is sent to that party by the Agency.
(3) Any submission received by the Agency under sub-article (2) after the expiration of the period specified in that sub-article shall not be considered by the Agency.
(4) Where no submission is received from a party to an objection within the period specified in sub-article (2), the Agency may without further notice to that party consider the objection.
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.
Power of Agency to request submission by an objector of documents, particulars or information.
25. Where the Agency is of the opinion that any document, particulars or other information is or are necessary for the purposes of enabling it to consider an objection, the Agency may give to any party to the objection a notice under this article –
(a) requiring that party, within a period specified in the notice (being a period of not less than fourteen days beginning on the date of the giving of the notice) to submit to the Agency such document, particulars or other information as may be specified in the notice, and
(b) stating that, in default of compliance with the requirements of the notice, the Agency will, after the expiration of the period so specified and without further notice to the party, make a decision in respect of the application or in consequence of the review in question, as the case may be.
Withdrawal or abandonment of an objection
26. (1) Where the Agency is of the opinion that an objection has been abandoned, it may give to the party who made the objection a notice stating that fact and requiring that party, within a period specified in the notice (being a period of not 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 as to why the objection should not be regarded as having been withdrawn.
(2) Where a notice has been given under sub-article (1), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Agency pursuant to the notice, declare that the objection to which the notice relates shall be regarded as having been withdrawn.
Notification of oral hearing.
27. (1) Any objector in relation to a proposed decision of the Agency, other than a person who requested an oral hearing, shall be a prescribed person for the purpose of section 42(11)(a)(iv) of the Act.
(2) Where the Agency decides to hold an oral hearing of an objection, it shall give, for the purpose of section 42(11) of the Act, not less than seven days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all persons required to be notified in accordance with that section.
(3) The Agency may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Agency shall give the persons notified in accordance with section 42(11) of the Act not less than seven days notice of the new time and place or such shorter notice as may be accepted by all such persons.
(4) A request for an oral hearing may be withdrawn at any time.
Procedure at oral hearing.
28. (1) It is hereby prescribed that a person or persons appointed by the Agency to conduct an oral hearing shall, by virtue of such appointment, be an authorised person for the purposes of the Act.
(2) A person or persons appointed to conduct an oral hearing shall –
(a) permit any party to the objection, the local authority in whose functional area the relevant activity is or will be carried on, or such employee of the Agency as the Agency may decide, to appear in person or to be represented by another person, and
(b) decide the order of appearance of persons to be heard.
(3) Where the Agency has given notice in accordance with article 32(2) of its intention to take into account matters other than those raised by the parties to the objection, the parties shall be permitted, if present, to make submissions in relation to the said matters to the person or persons conducting an oral hearing.
Power to require attendance at oral hearings.
29. (1) Subject to sub-article (2), the person or persons appointed to conduct an oral hearing may, by giving notice in that behalf in writing to any party to the objection, such employee of the Agency as the Agency may decide, or the local authority in whose functional area the relevant activity is or will be carried on, require that party, employee or authority to attend at such time and place as is specified in the notice and to produce any documents, particulars, or other information in his, her or its possession, custody or control, to which the notice relates.
(2) The following provisions shall have effect for the purposes of sub-article (1) –
(a) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from the person’s ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance has been paid or tendered to that person,
(b) the Agency shall pay or tender to any person whose attendance is required such sum as the Agency, following consultation with the person or persons appointed to conduct the oral hearing, considers will cover the reasonable and necessary expenses of the attendance,
(c) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to that person, be paid those expenses by the Agency, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) A person to whom a notice under sub-article (1) has been given shall not refuse or wilfully neglect to attend in accordance with the notice or shall not wilfully alter, suppress, conceal or destroy any documents, particulars or other information to which the notice relates or, having so attended, shall not refuse or wilfully fail to produce any documents, particulars or other information to which the notice relates.
(4) A person or persons appointed to conduct an oral hearing may require an officer of a local authority, sanitary authority or planning authority concerned to provide any information which that person reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.
Adjournment or re-opening of an oral hearing.
30. (1) Subject to sub-articles (2) and (3), the person or persons appointed to conduct an oral hearing may-
(a) adjourn or resume the oral hearing,
(b) having obtained the consent of the Agency, re-open the hearing, or
(c) notwithstanding that any party to the objection has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of the resumption of an oral hearing that has been adjourned indefinitely, or the re-opening of an oral hearing, shall be given by the Agency to the persons first notified in accordance with section 42(11) of the Act not less than seven days before the said time or such shorter period as may be accepted by all such persons.
(3) Unless the Agency considers it expedient to do so and so directs, an oral hearing shall not be re-opened after the report thereon has been made to the Agency.
Replacement of person or persons appointed to hold an oral hearing.
31. If, for any reason, a person appointed, either solely or jointly with another person or persons, to conduct an oral hearing is unable or fails to conduct or complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a written report on an oral hearing to the Agency, the Agency may appoint another person to conduct the oral hearing or to conduct a new oral hearing.
Matters which may be taken into account by the Agency.
32. (1) The Agency in considering an objection may take into account matters other than those raised by a party to the objection.
(2) The Agency shall give notice in writing to each party to the objection of the matters that it proposes to take into account under sub-article (1) and shall indicate in that notice –
(a) in a case where the Agency proposes to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and is re-opened in accordance with article 30, that submissions in relation to the said matters may be made to the person or persons appointed to conduct the hearing, or
(b) in a case where the Agency does not propose to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and the Agency does not propose to re-open the hearing, that submissions in relation to the said matters may be made to the Agency in writing within a period specified in the notice (being a period of not less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice).
(3) Submissions as aforesaid that are received by the Agency after the expiration of the period referred to in sub-article (2)(b) shall not be considered by the Agency.
(4) Without prejudice to article 24, where a party to an objection makes a submission to the Agency in accordance with sub-article (2)(b), that party shall not be entitled to elaborate in writing upon that submission or to make further submissions in writing in relation to the matters referred to in sub-article (1) and any such elaboration or submissions that are received by the Agency shall not be considered by it.
Period for consideration of an objection.
33. (1) Where it appears to the Agency that it would not be possible or appropriate, because of the particular circumstances of an objection, to carry out the procedures for the consideration of an objection, whether or not an oral hearing is held, within four months beginning on the day after the expiration of the appropriate period (as defined in section 42(12) of the Act), the Agency shall give notice in writing to each party to the objection of the reasons why it would not be possible or appropriate, as the case may be, to carry out such procedures and shall specify the date before which the Agency intends to carry out such procedures.
(2) Where a notice has been given under sub-article (1), the Agency shall take all such steps as are open to it to ensure that the procedures are carried out before the date specified in the notice.
Notice of Agency’s decision on an application.
34. (1) The Agency shall notify each person specified in sections 42(2) and 42(11) of the Act and the public authorities, persons or bodies notified under article 18 of its decision on an application for a waste licence or the review of a waste licence.
(2) The Agency shall notify each person specified in sections 42(2) and 42(11) of the Act of an amendment of a waste licence or revised waste licence pursuant to section 42B(1) of the Act.
(3) A notification under sub-articles (1) and (2) shall be accompanied by a copy of the decision referred to.
PART VI
GRANT AND REVIEW OF A WASTE LICENCE
Conditions necessary to give effect to certain provisions of Community acts.
35. (1) The Agency shall attach to any waste licence that may be granted by it such conditions as are, in the opinion of the Agency, necessary to give effect to the provisions, specified in column (1) of the Third Schedule, of the Community acts specified correspondingly in column (2) of the Schedule, insofar as such provisions are relevant to the waste recovery or disposal activity concerned.
(2) For the avoidance of doubt, and having regard to the objectives specified in Article 1 of the Landfill Directive, the Agency may attach to any relevant waste licence that is granted by it conditions relating to any of the matters specified in articles 49 and 50, such conditions to have effect from a date or dates earlier than such relevant dates as are specified in those articles.
(3) Without prejudice to the provisions of section 40(4) of the Act, the Agency shall not grant a waste licence in respect of the disposal of waste at a new landfill facility unless it is satisfied that the carrying on of that activity at the facility concerned complies or will comply with all relevant requirements for the time being specified in the Landfill Directive.
Conditions regarding gas control at a landfill facility.
36. In attaching conditions to a waste licence that may be granted by the Agency in respect of the disposal of waste at a landfill facility, the Agency shall, as far as is practicable, require the installation of systems to facilitate the collection and recovery or flaring of landfill gas.
Conditions regarding the recovery or disposal of waste oil.
37. For the purpose of the attachment by the Agency of conditions to a waste licence that may be granted by it in respect of the recovery or disposal of waste oils-
(a) Article 11 of Council Directive 75/439/EEC16 shall apply in respect of an activity disposing of more than 500 litres of waste oil per annum, and
(b) the Agency shall take such steps as are necessary for the purposes of compliance with Article 13.2 of the said Council Directive.
Operation of mobile plant
38. (1) The Agency may attach to a waste licence that may be granted by it conditions authorising the operation of mobile plant at more than one facility.
(2) The Agency shall not grant a revised waste licence 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 the Agency grants a waste licence in respect of the carrying on of waste recovery or disposal activities at a facility, being a facility to which a waste licence in relation to the operation of mobile plant already applies, any conditions of the waste licence first granted which relate to the operation of the said mobile plant at the facility in question shall cease to have effect.
Review of waste licence authorising discharges to groundwater.
39. The Agency shall carry out, at least once every four years, a review of a waste licence which authorises the direct or indirect discharge of substances for the time being specified in the Annex to Council Directive 80/68/EEC17 .
PART VII
LICENSING FEES
Fee for application for a waste licence.
40. (1) A fee shall be paid to the Agency by an applicant in respect of an application for a waste licence.
(2) Subject to sub-articles (3) and (4), the fee payable under sub-article (1) shall be the amount indicated in column (2) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.
(3) Where a class of activity can be identified by reference to more than one class in column (1) of Part I of the Second Schedule, the fee payable under sub-article (1) shall be the highest of the fees specified in column (2) of Part I of the Second Schedule opposite the class of activity so identified in column (1) of the Schedule.
(4) (a) The fee payable in respect of an application, being an application relating to the proposed operation of mobile plant at more than one facility, shall exceed the amount indicated in column (2) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule, by a sum comprising 75% of the said amount in the case of a second and each further facility concerned.
(b) Notwithstanding paragraph (a), where the cost incurred by the Agency in determining an application in respect of the second or each further facility is less than 75% of the said amount, a lower fee may be determined by the Agency.
Fee for application for review or surrender of a waste licence
41. (1) A fee shall be paid to the Agency in respect of an application for a review of a waste licence, or an application under section 48(2) of the Act for the surrender of a waste licence.
(2) Subject to sub-articles (3) and (4), the fee payable under sub-article (1) shall be the amount indicated in column (3) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.
(3) Where a class of activity is identified more than once in column (1) of Part I of the Second Schedule, the fee payable under sub-article (1) shall be the highest of the fees specified in column (3) of Part I of the Second Schedule opposite the class of activity so identified in column (1) of the Schedule.
(4) (a) The fee payable in respect of an application, being an application relating to the proposed operation of mobile plant at a facility or facilities other than that or those to which the said licence relates, shall exceed the amount indicated in column (3) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule, by a sum comprising 75% of the said amount in the case of a second and each further facility concerned.
(b) Notwithstanding paragraph (a), where the cost incurred by the Agency in determining an application in respect of the second or each further facility is less than 75% of the said amount, a lower fee may be determined by the Agency.
Fee for the making of objections.
42. (1) A fee shall be paid to the Agency in respect of the making of an objection.
(2) Subject to sub-article (3), the fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Second Schedule opposite the appropriate mention of objection in column (2) of the said Part of the Schedule.
(3) Where an objection is made to the Agency by-
(a) a local authority,
(b) a planning authority,
(c) a sanitary authority,
(d) the Central Fisheries Board,
(e) An Taisce – The National Trust for Ireland,
(f) Fáilte Ireland,
(g) in the case of an activity any part of which is situate within the functional area of the Shannon Free Airport Development Company Limited, that company,
a reduced fee shall be payable in respect of the said objection, in accordance with sub-article (2).
Fee for application for transfer of a waste licence.
43. (1) A fee shall be paid to the Agency in respect of an application under section 47(2) of the Act for the transfer of a waste licence.
(2) The fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Second Schedule opposite the appropriate mention of application in column (2) of the said Part of the Schedule.
Fee for request for an oral hearing.
44. (1) A fee shall be paid to the Agency in respect of a request for an oral hearing of an objection.
(2) The fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Second Schedule opposite the mention of a request for an oral hearing in column (2) of the said Part of the Schedule.
Discretionary power to refund or waive fee in certain circumstances.
45. (1) Notwithstanding any other provision of these Regulations, the Agency shall have an absolute discretion to refund or waive up to half of any fee payable in respect of a particular application where it is satisfied that the payment in full of the fee would not be just and reasonable having regard to the relevant circumstances of the activity.
(2) A decision under sub-article (1) shall contain a statement specifying the reasons for the decision.
PART VIII
MISCELLANEOUS
Prescribed offences for the purpose of section 40(7) of the Act.
46. For the purpose of section 40(7) of the Act-
(a) a contravention of section 32(1), 32(3) or 39(1) of the Act, or
(b) an offence under section 14(6), 15(3), 34(1), 36(3), 45(4), 57(4) or 58(7) of the Act
shall be a prescribed offence.
Criteria for the determination by the Agency of a relevant person.
47. In determining whether a person shall be a relevant person for the purpose of section 40(7) of the Act, the Agency shall, where an applicant is a body corporate, have regard to whether the said person is a director, manager, secretary or other similar officer of that body corporate or is otherwise in or likely to be in a position to direct or control the carrying on of the activity to which the relevant application relates.
Classification of landfill facilities.
48. (1) The Agency shall classify each landfill facility into one of the following classes –
(i) a landfill for hazardous waste,
(ii) a landfill for non-hazardous waste, or
(iii) a landfill for inert waste,
and shall specify the class of landfill in each relevant waste licence or integrated pollution prevention and control licence that is granted.
(2) It is hereby prescribed that the register maintained by the Agency under section 19 of the Act shall include entries specifying the classification, for the purposes of sub-article (1), of each landfill facility in respect of which a waste licence is or has been granted.
Wastes prohibited from landfill
49. (1) (a) Subject to paragraph (b), the wastes specified in sub-article (2) shall not be accepted or disposed of in a landfill facility.
(b) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, the requirement of paragraph (a) shall apply no later than 16 July 2009.
(2) The following wastes are specified for the purposes of sub-article (1) –
(a) liquid waste,
(b) waste which, in the conditions of landfill, is explosive, corrosive, oxidising, highly flammable or flammable as defined in Annex III of Council Directive 91/689/EEC18 ,
(c) infectious healthcare waste, assessed as likely to cause disease in humans or animals, arising from medical or veterinary establishments, and waste specified under category 14 of Annex 1.A of Council Directive 91/689/EEC,
(d) any other waste which does not satisfy such waste acceptance criteria as shall, from time to time, be determined in accordance with Annex II of Council Directive 91/689/EEC.
(3) (a) Subject to paragraph (b), whole used tyres (other than tyres used as on-site engineering material) shall not be accepted or disposed of at a landfill facility.
(b) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, the requirements of paragraph (a) shall apply no later than 16 July 2009.
(4) Shredded used tyres shall not be accepted or disposed of after –
(a) 16 July 2006, in a new landfill facility or a landfill facility for hazardous waste,
(b) 16 July 2009, in a landfill facility other than one referred to in paragraph (a).
(5) (a) Subject to paragraph (b), waste that has not been subject to treatment (other than inert waste for which treatment is not technically feasible, or any other waste the treatment of which will not reduce its volume or the risk of environmental pollution) shall not be accepted or disposed of in a landfill facility.
(b) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, the requirements of paragraph (a) shall apply no later than 16 July 2009.
Waste to be accepted in different classes of landfill.
50. (1) Only hazardous waste that fulfils relevant waste acceptance criteria may be accepted for disposal at a landfill for hazardous waste.
(2) A landfill for non-hazardous waste may only be used for the disposal of –
(a) municipal waste,
(b) non-hazardous waste, other than municipal waste, that fulfils relevant waste acceptance criteria,
(c) stable, non-reactive hazardous waste (such as that which is solidified or vitrified) with leaching behaviour equivalent to that of non-hazardous waste referred to in paragraph (b), that fulfils relevant waste acceptance criteria, and
(d) such other wastes as may from time to time be specified in accordance with the provisions of Article 16 and Annex II of the Landfill Directive.
(3) A landfill for inert waste may only be used for the disposal of inert waste that fulfils relevant waste acceptance criteria.
(4) Where hazardous waste of the type referred to in paragraph (2)(c) is disposed of in a landfill for non-hazardous waste, it shall not be deposited in cells destined to be used for the disposal of biodegradable non-hazardous waste.
(5) The dilution or mixture of waste solely in order to fulfil relevant waste acceptance criteria is prohibited.
(6) For the purpose of this article, “relevant waste acceptance criteria” means –
(a) such criteria as may be specified by the Agency, having regard to Articles 6 and 11 of the Landfill Directive, pending the determination referred to in paragraph (b), and
(b) such criteria as shall be determined in accordance with the provisions of Article 16 and Annex II of the Landfill Directive.
(7) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, this article shall have effect no later than 16 July 2009.
Statements in relation to landfill charges.
51. (1) Where the operator of a landfill facility is required to furnish a statement under section 53A(5) of the Act, the Agency may, by notice in writing, require the operator concerned, within a period to be specified in the notice, to –
(a) furnish such information or particulars relating to the landfill facility concerned as the Agency considers appropriate, and/or
(b) produce such evidence as it may reasonably require in order to verify any information or particulars furnished by the landfill operator in, or in relation to, the said statement.
(2) The Agency, having considered a statement submitted to it (including, where relevant, any information, particulars or evidence furnished under sub-article (1)), may require a landfill operator to amend the said statement in such manner or for such purpose as may be specified by the Agency.
Existing landfill facilities.
52. (1) A landfill operator shall submit to the Agency a plan (hereafter referred to as a conditioning plan) in respect of the landfill facility concerned, in such form as may be specified by the Agency.
(2) A conditioning plan shall include information and particulars regarding —
(a) the extent to which the facility concerned, and its management and operation (or, where relevant, its restoration, remediation and aftercare) complies with the relevant requirements of the Landfill Directive,
(b) such financial provision as —
(i) is proposed to be made by the landfill operator, having regard to the provisions of articles (7)(i) and (8)(a)(iv) of the Landfill Directive, or
(ii) has been made in respect of the facility concerned for the purposes of Section 53(1) of the Act or Section 83(6) of the Act of 1992,
as the case may be, and
(c) such further measures as the landfill operator considers will be necessary in order to ensure compliance with the requirements of the Landfill Directive.
(3) Where a landfill operator is required to submit a conditioning plan under this article, the Agency may, by notice in writing under Section 18 of the Act, require the operator concerned, within a period to be specified in the notice, to –
(a) furnish such information or particulars relating to the landfill facility concerned as the Agency considers necessary to enable it make a determination under sub-article (4), and/or
(b) produce such evidence as it may reasonably require in order to verify any information or particulars furnished by the landfill operator in, or in relation to, the conditioning plan.
(4) The Agency, having considered —
(a) a conditioning plan submitted to it (including, where relevant, any information, particulars or evidence furnished under sub-article (3)), or
(b) in the event of a failure to comply with sub-articles (1) and (3), such information as is otherwise available to the Agency in relation to the landfill facility concerned,
shall as soon as possible determine whether, as the case may be —
(i) there is a reasonable prospect that the said facility can be operated in compliance with the requirements of the Landfill Directive (other than paragraph 1 of Schedule 1 of that Directive) by a date not later than 16 July 2009, or
(ii) in the case of a landfill which has finally ceased to accept waste for disposal, the extent to which the requirements of Annex III of the Landfill Directive are complied with.
(5) Where necessary, having made a determination under sub-article (4), the Agency may review the relevant waste licence or integrated pollution prevention and control licence, as the case may be, in order that the results specified in sub-article (6) are achieved.
(6) The results referred to in sub-article (5) are that —
(a) where, in the view of the Agency, a landfill facility cannot be operated in compliance with the requirements of the Landfill Directive, the disposal of waste at that facility shall cease as soon as possible;
(b) where, in the view of the Agency, a landfill facility may continue to operate, such further measures are undertaken as are considered by the Agency to be necessary (having regard to the relevant conditioning plan or otherwise) in order to ensure compliance with the relevant requirements of the Landfill Directive not later than 16 July 2009;
(c) where a landfill facility is closed, the requirements of Annex III of the Landfill Directive are complied with.
(3) In this article, “landfill operator” means, as the case may be —
(a) an applicant for or the holder of a waste licence in respect of the disposal of waste in a landfill facility (other than a new landfill facility), or
(b) the holder of an integrated pollution prevention and control licence to which a landfill facility (other than a new landfill facility) is subject.
Exemptions from the Landfill Directive and these Regulations.
53. (1) Articles 48 to 52 do not apply in respect of —
(a) any landfill facility that ceased to accept waste for disposal prior to 16 July 2001,
(b) the spreading of sludges (including sewage sludges and sludges resulting from dredging operations) and similar matter on soil for the purposes of fertilisation or improvement,
(c) the use of inert waste for redevelopment, restoration or construction purposes in a landfill facility,
(d) the deposit of —
(i) non-hazardous dredging sludges alongside small waterways from which they have been dredged,
(ii) non-hazardous sludges in surface waters, including the bed and its sub-soil, and
(iii) unpolluted soil or non-hazardous inert waste resulting from prospecting for, and the extraction, treatment and storage of, mineral resources and the operation of quarries.
(2) It is hereby declared that the activities specified in sub-articles 3.3 and 3.5 of the Landfill Directive shall be exempt from the relevant provisions of the Directive to the extent specified therein.
First Schedule
Article 2
Regulations Revoked
Number
Title
Extent of Revocation
S.I. No. 185 of 2000
Waste Management (Licensing) Regulations 2000
The whole regulations, save for articles 3 and 4 and the First Schedule
S.I. No. 397 of 2001
Waste Management (Licensing)(Amendment) Regulations 2001
The whole regulations
S.I. No. 336 of 2002
Waste Management (Licensing)(Amendment) Regulations 2002
The whole regulations
S.I. No. 337 of 2002
European Communities (Amendment of Waste Management (Licensing) Regulations 2000) Regulations 2002
The whole regulations
Second Schedule
Articles 40 and 41
FEES
PART 1
Fees for applications, review and surrenders of waste licences
Waste Activity
(1)
Amount of fee for an application for a waste licence
(2)
Amount of fee for a review or surrender of a waste licence
(3)
1.1 The disposal of waste at a landfill facility where the annual intake is likely to exceed 100,000 tonnes.
€35,000
€25,000
1.2 The disposal of waste at a landfill facility where the annual intake is likely to exceed 40,000 tonnes but be less than 100,000 tonnes.
€30,000
€22,500
1.3 The disposal of waste at a landfill facility where the annual intake is likely to exceed 20,000 tonnes but be less than 40,000 tonnes.
€25,000
€20,000
1.4 The disposal of waste at a landfill facility where the annual intake is likely to exceed 5,000 tonnes but be less than 20,000 tonnes.
€20,000
€5,000
1.5 The disposal of waste at a landfill facility where the annual intake is likely to exceed to be less than 5,000 tonnes.
€10,000
€6,000
2. The disposal of hazardous waste.
€30,000
€22,500
3.1 The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is likely to exceed 100,000 tonnes.
€20,000
€15,000
3.2 The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is likely to exceed 25,000 tonnes but be less than 100,000 tonnes.
€12,000
€10,000
3.3 The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is less than 25,000 tonnes.
€10,000
€6,000
4. The recovery of waste.
€10,000
€6,000
PART II
Other fees payable to the Agency in relation to waste licences
(1)
(2)
(3)
Amount of fee
Article 42
Objection by the applicant or licensee
€500
Objection by an authority or body mentioned in article 41(3)
€100
Objection by any other person
€200
Article 43
Application for transfer of a waste licence
€5,000
Article 44
Request for an oral hearing
€100
Third Schedule
Article 35
Provisions of Community acts that are to be given effect in relevant waste licences granted by the Agency.
Relevant Provisions
Community act
(1)
(2)
Articles 4, 6, 7, 10, 11 and 12
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.
Articles 4, 5, 8, 9, 10 and 18
Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
Article 8
Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos.
Articles 2.2 to 2.4 and 4.3
Council Directive 91/689/EEC of 12 December 1991 on hazardous waste.
Articles 4(6), 8(2) and 9(1)
Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls.
Articles 3, 8, 9, 10 and 18.2
Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control.
Articles 6, 8, 9, 11, 12, 13 and 14, and Annexes I, II and III.
Council Directive 99/31/EC of 26 April 1999 on the landfill of waste.
Given under the Official Seal of the Minister for the Environment, Heritage and Local Government, this 22nd day of June, 2004.
L.S.
MARTIN CULLEN
Minister for the Environment, Heritage and Local Government
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations provide for the continued operation of the system of licensing by the Environmental Protection Agency of waste recovery and disposal activities under Part V of the Waste Management Act, 1996 . The Regulations set out procedures for the making of waste licence applications, reviews of licences and consideration by the Agency of objections, including the holding of oral hearings.
These Regulations also provide for the licensing of mobile plant used for the recovery and disposal of waste at more than one site.
The Waste Management (Licensing) Regulations 2000 (save for articles 3 and 4 and the First Schedule), Waste Management (Licensing)(Amendment) Regulations 2001, Waste Management (Licensing)(Amendment) Regulations 2002 and European Communities (Amendment of Waste Management (Licensing) Regulations 2000) Regulations 2002 are revoked.
1 O.J. No. L 194/23, 25 July 1975, and O.J. No. L 42/43, 12 February 1987.
2 O.J. No. L 194/39, 25 July 1975, and O.J. No. L 78/32, 26 March 1991.
3 O.J. No. L 20/43, 26 January 1980.
4 O.J. No. L 175/40, 5 July 1985, and O.J. No. L 73/5 of 14 March 1997.
5 O.J. No. L 85/40, 28 March 1987.
6 O.J. No. L 377/20, 31 December 1991.
7 O.J. No. L 243/31, 24 September 1996.
8 O.J. No. L 257/26, 10 October 1996.
9 O.J. No. L 182/1, 16 July 1999.
10 O.J. No. L 182/1, 16 July 1999
11 OJ No. L226 06.09.2000. p.3
12 Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
13 Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
14 Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.
15 Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control.
16 Council Directive 75/439/EEC on the disposal of waste oils, as amended by Council Directive 87/101/EEC.
17 Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
18 Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, O.J. No. L 377/20, 31 December 1991
.I. No. 350/2010 –
Waste Management (Licensing) (Amendment) Regulations 2010.
“Iris Oifigiúil” of 16th July, 2010.
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 7 of the Waste Management Act 1996 (No. 10 of 1996) and Section 3 of the European Communities Act 1972 (No. 27 of 1972) and to give further effect to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 1 , hereby make the following regulations:
1. These Regulations may be cited as the Waste Management (Licensing) (Amendment) Regulations 2010.
2. These Regulations shall come into operation on 13 July 2010.
3. The Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ) are hereby amended by—
(i) The insertion after sub-article (i) of article 3 of the following—
“(j) Council Directive 2000/76/EC on the Incineration of Waste”;
(ii) The substitution of the following paragraph for paragraph 34(3)(b)—
“(b) having examined the concerns and opinions expressed by the public concerned under article 15
(i) the reasons and consideration on which the decision is based, including information on the public participation process;
(ii) a statement that a person shall not question the validity of the decision of the Agency other 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 ) and
(iii) a statement describing where practical information on the review mechanism may be obtained.”
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GIVEN under my Official Seal,
13 July 2010.
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 are for the purpose of giving effect to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC.
1 O.J. No. L 156, 25.06.2003 p. 17
Amendment of Waste Management (Licensing) Regulations 2004
S.I. No. 126/2011 –
European Communities (Waste Directive) Regulations 2011.
57. The Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ) are amended—
(a) in article 3—
(i) by deleting paragraphs (a), (b) and (f),
(ii) in paragraph (h), by deleting “and”,
(iii) in paragraph (i), by substituting “waste, and” for “waste.”, and
(iv) by inserting the following paragraphs after paragraph (i)—
“(j) the Waste Directive,
(k) Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste,
(l) Directive 2006/11/EC of the European Parliament and of the Council of 15 February 200632 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community,
(m) 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,
(n) Council Directive 91/676/EEC of 12 December 199133 concerning the protection of waters against pollution caused by nitrates from agricultural sources,
(o) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy,
(p) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005,
(q) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 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,
(r) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,
(s) Council Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC,
(t) Regulation (EC) No. 2150/2002 of the European Parliament and of the Council of 25 November 200234 on waste statistics, and
(u) Regulation (EC) No. 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC, as amended by Council Regulation (EC) No. 1195/2006 and Council Regulation (EC) No. 172/2007.”,
(b) in article 4(3)—
(i) in the definition of “waste licence”, by substituting “Act.” for “Act;”, and
(ii) by deleting the definition of “waste oils”,
(c) in article 12(1)—
(i) in paragraph (u), by substituting “sub-article,” for “sub-article.”,
and
(ii) by adding the following paragraph after paragraph (u):
“(v) describe how the waste hierarchy in section 21A of the Act is applied.”,
(d) by deleting Article 37, and
(e) in the Third Schedule, by substituting the following for the fourth row of that Schedule:
“Articles 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 27, 28, 29, 31, 34, 35 and 36
Waste Directive ”.
S.I. No. 618/2019 –
European Union (Waste Licensing) (Amendment) Regulations 2019
“Iris Oifigiúil” of 13th December, 2019.
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 1999/31/EC of 26 April 19991 , hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Waste Licensing) (Amendment) Regulations 2019.
Interpretation
2. In these Regulations —
“the Regulations of 2004” means the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ).
Amendment to the Regulations of 2004
3. Article 4(3) of the Regulations of 2004 is amended by inserting the following definition after the definition of “review of a waste licence”-
“‘treatment’ means the physical, thermal, chemical or biological processes, including sorting, that change the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery;”
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GIVEN under my Official Seal,
9 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)
These regulations amend the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ). The purpose of these regulations is to give further effect to Council Directive 1999/31/EC on the landfill of waste by introducing a definition for the term “treatment”.
S.I. No. 618/2019 –
European Union (Waste Licensing) (Amendment) Regulations 2019
“Iris Oifigiúil” of 13th December, 2019.
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 1999/31/EC of 26 April 19991 , hereby make the following Regulations:
Citation
1. These Regulations may be cited as the European Union (Waste Licensing) (Amendment) Regulations 2019.
Interpretation
2. In these Regulations —
“the Regulations of 2004” means the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ).
Amendment to the Regulations of 2004
3. Article 4(3) of the Regulations of 2004 is amended by inserting the following definition after the definition of “review of a waste licence”-
“‘treatment’ means the physical, thermal, chemical or biological processes, including sorting, that change the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery;”
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GIVEN under my Official Seal,
9 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)
These regulations amend the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ). The purpose of these regulations is to give further effect to Council Directive 1999/31/EC on the landfill of waste by introducing a definition for the term “treatment”.
S.I. No. 524/2008 –
Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008
WASTE MANAGEMENT (CERTIFICATION OF HISTORIC UNLICENCED WASTE DISPOSAL AND RECOVERY ACTIVITY) REGULATIONS 2008
INDEX
1. Citation
2. Purpose of Regulations
3. Scope
4. Interpretation generally
5. Duty of a local authority to identify and register closed landfills
6. Duty of a local authority to carry out an assessment of the risk of environmental pollution
7. Application by a local authority to the Agency for a certificate ofauthorisation
8. Duty of a local authority to comply with the terms of a certificate ofauthorisation
9. Powers of the Environmental Protection Agency
10. Prosecutions and penalties
11. Amendments to Waste Management Act
12. Amendment to Waste Management (Miscellaneous Provisions) Regulations
13. Amendment to Waste Licensing Regulations
S.I. No. 524 of 2008
WASTE MANAGEMENT (CERTIFICATION OF HISTORIC UNLICENCED WASTE DISPOSAL AND RECOVERY ACTIVITY) REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 12th December, 2008.
WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving full effect to the provisions of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 1 on waste and Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances to make provision for offences under the following regulations to be prosecuted on indictment:
AND WHEREAS I consider it necessary, having further regard to section 3(3) of the Act of 1972 as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect having regard to the acts or omissions of which the offence consists, to make such provision in the following Regulations:
NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving effect to Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 on waste and Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances hereby makes the following Regulations:
Citation
1. These Regulations may be cited as the Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008.
Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of—
(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 on waste, and
(2) Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances.
Scope
3. These Regulations apply to each closed landfill identified pursuant to Regulation 5 at which waste disposal or recovery activities were carried on without a waste licence.
Interpretation generally
4. (1) In these Regulations—
(a) a reference to a Regulation is a reference to a Regulation in these Regulations unless it is indicated that reference to some other Regulation is intended;
(b) a reference to a paragraph that is not otherwise identified is a reference to the paragraph of the provision in which the reference occurs.
(2) A word or expression that is used in these Regulations and is also used in the Waste Management Acts 1996 to 2008 shall have in these Regulations the same meaning as it has in the Act unless the contrary intention appears.
(3) In these Regulations—
“Act” means the Waste Management Acts 1996 to 2008;
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;
“authorised person” means a person who is appointed in writing by a local authority or the Agency to be an authorised person for the purposes of these Regulations;
“closed landfill” means a landfill site operated by a local authority for the recovery or disposal of waste without a waste licence on any date between 15 July 1977 and 27 March 1997 (i.e. prior to the entry into force of the Waste Management (Licensing) Regulations, 1997 ( S.I. No. 133 of 1997 ));
“Code of Practice” means the “CODE OF PRACTICE on Environmental Risk Assessment for Unregulated Waste Disposal Sites” prepared by the Agency under section 76 of the Environmental Protection Agency Acts 1992 and 2003;
“environmental pollution” has the meaning assigned to it in the Act;
“necessary measures” means measures (including suitable remediation measures) to ensure that waste disposed of or recovered in a closed landfill is not causing, or is not likely to cause, environmental pollution;
“risk assessment” means a systematic methodology which considers the likelihood of occurrence and the consequence of occurrence of an event through the determination and evaluation of the nature, effect and extent of exposure to a potential hazard;
“Waste Management Acts 1996 to 2008” means the Waste Management Act, 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act, 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), the Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ) and the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ).
Duty of a local authority to identify and register closed landfills
5. (1) Each local authority shall identify by 30 June 2009 all closed landfills within its functional area and for such purposes shall have regard to the methodology set out in Appendix 1 of the Code of Practice.
(2) Each local authority shall have regard to the reporting requirements of Chapter 8 of the Code of Practice and maintain a register of all closed landfills identified by it pursuant to Regulation 5(1), which shall be revised and updated as necessary and at least once in each period of twelve months thereafter.
(3) The Agency shall prescribe the particulars to be entered in the register referred to in Regulation 5(2) and the form and manner in which such information shall be entered and maintained.
Duty of a local authority to carry out an assessment of the risk ofenvironmental pollution
6. (1) Subject to Regulation 6(2), each local authority shall carry out a Risk Assessment in respect of all closed landfills identified pursuant to Regulation 5(1) and for such purposes shall have regard to the Code of Practice.
(2) The Risk Assessment shall evaluate the priority to be assigned to the closed landfill site in accordance with the Risk Classification system set out in Chapter 4.3.3 of the Code of Practice.
(3) Where a closed landfill, identified by a local authority pursuant to Regulation 5(1), is situate on property in the ownership or control of a person other than the local authority concerned, then that authority shall request the owner or occupier of such property, as the case may be, to permit its authorised persons, officials, servants or agents, to enter onto such property for the purposes of preparing the Risk Assessment described in Regulation 6(1) or for any other purpose and any local authority concerned shall discharge any reasonable costs or expenses incurred by any such owner or occupier by reason of such actions as described herein.
(4) A person on whose land consent is required under Regulation 6(3) to access such land shall grant such consent in relation to the closed landfill to the local authority or its authorised officials, servants or agents.
(5) The local authority may give such directions, as it considers appropriate, to the person in Regulation 6(3), to require that person to permit the carrying out of the necessary measures pursuant to Regulation 6(3).
(6) A person commits an offence if that person fails to comply with a direction under Regulation 6(5).
Application by a local authority to the Agency for a certificate of authorisation
7. (1) On completion of the Risk Assessment referred to in Regulation 6(1), a local authority shall make application to the Agency for certification of compliance with the requirements of these Regulations, which certificate shall be known as and referred to in these Regulations as a certificate of authorisation.
(2) An application under Regulation 7(1) shall be made in a format to be determined by the Agency and may require, at the discretion of the Agency, the submission of the following information or material or both—
(a) the location or postal address of the closed landfill, including, where appropriate, the name of the townland or townlands,
(b) details of the current owner or occupier or both of the closed landfill,
(c) details of the current use of the land on which the closed landfill is situate,
(d) the National Grid reference,
(e) a map indicating the precise location,
(f) scaled plans and sections,
(g) the types and estimated quantities of waste deposited,
(h) the Risk Assessment as provided for in Regulation 6(1) (to include any necessary measures recommended therein in accordance with the requirements of Chapter 7 of the Code of Practice).
(3) A fee of €5,000 shall be payable by a local authority to the Agency in respect of each application for a certificate of authorisation. The Agency may, however, refund or waive all or part of the fee payable in respect of a particular application where it is satisfied that the payment in full of the fee would not be justified or reasonable having regard to the limited scale or nature of the landfill activity concerned.
(4) The Agency may request from a local authority such further information or material or both as may be required by it for the purpose of determining the application within such period as may be stipulated by it and a local authority shall submit to the Agency such information as requested to the reasonable satisfaction of the Agency.
(5) The Agency shall, within 4 months or such later date as it may determine and advise to the local authority, prepare a draft certificate of authorisation, which shall be made available to the local authority concerned which may make representations on the proposed draft certificate and any representations received by the Agency within the subsequent period of 30 days shall be considered by it.
(6) As soon as practicable after the expiry of the 30 day period provided for in Regulation 7(5), the Agency shall determine the certificate of authorisation, which may vary from the draft certificate and shall issue an appropriately validated certificate of authorisation to the local authority and place a copy on any relevant website maintained by the Agency.
(7) A certificate of authorisation issued under Regulation 7(6):—
(a) shall determine the adequacy of the Risk Assessment (including any necessary measures recommended therein) submitted by a local authority as part of the application for a certificate of authorisation; and
(b) may specify further necessary measures in addition to those identified by the Risk Assessment having regard to ensuring appropriate protection for human health and the environment to ensure conformity with the provisions of Council Directive 2006/12/EC1 and Council Directive 80/68/EEC 2 .
(c) shall require that a validation report is compiled by the authorisation holder in accordance with the requirements of Chapters 7.3 and 8.2.4 of the Code of Practice.
Duty of a local authority to comply with the terms of a certificate of authorisation
8. (1) A local authority shall make all reasonable efforts to comply with any validated certificate of authorisation issued to it by the Agency pursuant to Regulation 7(6).
(2) Any local authority that contravenes Regulation 7(4) or Regulation 8(1) shall be guilty of an offence.
Powers of the Environmental Protection Agency
9. (1) The powers and functions conferred on the Agency pursuant to these Regulations may be performed on its behalf by any person appointed by it in writing to be an authorised person for the purposes of these Regulations.
(2) Without prejudice to the powers conferred on the Agency or its authorised persons pursuant to these Regulations, it is declared that the provisions of section 13 of the Environmental Protection Agency Act (No. 7 of 1992), subject to any modifications or adaptations as may be required, shall apply for any purpose connected with these Regulations.
(3) Where the Agency is of opinion that a local authority has failed to perform any function of that authority provided for by these Regulations or has performed that function in an unsatisfactory manner, the provisions of section 63 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), as amended by section 13 of the Protection of the Environment Act 2003 (No. 27 of 2003) shall apply mutatis mutandis as if the reference therein to a statutory function of a local authority included a reference to functions conferred on local authorities pursuant to these Regulations.
Prosecutions and penalties
10. (1) An offence under these Regulations may be prosecuted by the Agency.
(2) Any person guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a fine not exceeding €3,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years or both.
Amendments to Waste Management Act
11. The Act shall have effect with the following specified modifications:
(1) in section 5 by substituting the following for the definition of “landfill”—
“ ‘landfill’ means a waste disposal site for the deposit of waste onto or into land (i.e. underground), including:
(a) internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and
(b) a permanent site (i.e. more than one year) which is used for temporary storage of waste, but excluding
(c) facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, and
(d) storage of waste prior to recovery or treatment for a period less than three years as a general rule, or
(e) storage of waste prior to disposal for a period less than one year.”
(2) by the addition in section 67 of subsection (3)—
“(3) Subsections (1) and (2) shall not be construed as enabling a local authority or the Agency to avoid the consequences under EU law of any failure to comply with the Community acts given effect to by this Act.”
Amendment to Waste Management (Miscellaneous Provisions) Regulations
12. The Waste Management (Miscellaneous Provisions) Regulations, 1998 ( S.I. No. 164 of 1998 ) are amended by the deletion of Regulation 5.
Amendment to Waste Licensing Regulations
13. The Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ) are amended as follows:
(1) In article 52(5) by the substitution of “shall review” for “may review”.
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GIVEN under my Official Seal,
8 December 2008
JOHN GORMLEY.
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for the certification of historic unlicenced waste disposal sites in operation between 1977 and 1996, when our modern waste legislation came into effect. The regulations will provide for the registration of these facilities by the local authorities, the carrying out of a screening risk assessment of the sites and the determination of any remedial measures required (all of which will be the responsibility of the relevant local authority). These facilities will require a certificate of authorisation from the EPA. This certificate will determine the adequacy of the risk assessment and may specify further necessary measures to ensure the protection of the environment.
The Regulations also make a number of minor amendments to waste legislation to correctly transpose certain aspects of the Landfill Directive and to remove an obsolete provision relating to the requirement for a waste permit.
1 OJ L 114, 27.4.2006, p.9-21.
2 OJ L 20, 26.1.1980, p.43-48.
2 OJ L 20, 26.1.1980, p.43-48.
1 OJ L 114, 27.4.2006, p.9-21.
2 OJL 20, 26.1.1980, p.43-48.