Waste Plans
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
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).
S.I. No. 137/1997 –
Waste Management (Planning) Regulations, 1997
WASTE MANAGEMENT (PLANNING) REGULATIONS, 1997
The Minister for the Environment, in exercise of the powers conferred on him by section 7 , 22 and 23 of the Waste Management Act, 1996 (No. 10 of 1996) hereby makes the following Regulations:
1 Citation
1. These Regulations may be cited as the Waste Management (Planning) Regulations, 1997.
2 Purpose of Regulations
2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of—
( a ) Council Directive 75/442/EEC of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991(1),
(1)O.J. No. L194/23, 25 July 1975, and O.J. No. L78/32, 26 March 1991.
( b ) 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(2)
(2)O.J. No. L194/39, 25 July 1975, and O.J. No. L42/43, 12 February 1987.
( c ) Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste(3), and
(3)O.J. No. L377/20, 31 December 1991.
( d ) European Parliament and Council Directive 94/62/EC of 20 December, 1994 on packaging and packaging wasted(4)
(4)O.J No. L365/10, 31 December 1994.
3 Interpretation
3. In these Regulations:
“the Act” means the Waste Management Act, 1996 ;
“functional area” includes, in the case of a waste management plan made jointly by two or more local authorities, the functional areas of the local authorities concerned;
“plan” means a waste management plan made by one or more local authorities under and in accordance with section 22 of the Act.
4 Requirements to a plan
4. (1) It is hereby prescribed that, insofar as the Schedule to these Regulations specifies matters further to those specified in section 22 (7) (a) to (i) of the Act, a plan shall include information on or otherwise have regard to such matters.
(2) A local authority shall comply with the provisions of the Schedule to these Regulations as to the manner in which matters shall be set out and addressed in a plan.
5 Prescribed persons for the purpose of section 23(1) of the Act
5. It is hereby prescribed that, for the purpose of section 23 (1) of the Act, a local authority shall, not later than the publication of the relevant notice under that section, submit a copy of a proposed plan or proposed variation of a plan to
( a ) the Minister for Arts, Culture and the Gaeltacht,
( b ) the Minister for the Marine,
( c ) An Taisce – The National Trust for Ireland,
( d ) Bord Failte,
( e ) Teagasc,
( f ) any local authority whose functional area adjoins that of the first mentioned local authority, and
( g ) any District Council in Northern Ireland whose functional area adjoins that of the said local authority.
SCHEDULE
Part I
Preface to the Waste Management Plan
A plan shall provide, as far as practicable in respect of the relevant functional area—
( a ) a general description of the area, including relevant topographical, geological, hydrological and hydrogeological features,
( b ) a description of the size and distribution of population in the area, with reference to the number of domestic households,
( c ) a description of the nature, scale and distribution of commercial, industrial and agricultural activity, and other significant waste generating activities (such as tourism),
( d ) a description of transport infrastructure,
( e ) a description of groundwater usage and an assessment of groundwater vulnerability, and
( f ) a summary of relevant land use considerations, including areas designated for environmental protection,
and shall contain a list of relevant waste management legislation.
Part 2
Present position regarding waste management
2.1 Waste Generation
A plan shall specify, to the extent possible—
( a ) the quantities of waste arising within the relevant functional area, classified under the following descriptions, insofar as applicable—
—household waste collected by or on behalf of the local authority
—household waste delivered to civic waste facilities and other bring facilities
—other household waste
—litter and street sweepings
—commercial waste
—industrial waste not elsewhere specified
—construction and demolition waste
—contaminated soils
—ash and other incineration residues
—mining and quarry waste
—healthcare wastes (clinical, dental, veterinary)
—sewage sludges
—water treatment sludges
—industrial sludges
—agricultural waste
with a breakdown of the hazardous component, if any, of such wastes;
( b ) waste movements into and from the relevant functional area, classified as at (a) above,
( c ) the quantities of waste arising within the relevant functional area, classified under the following descriptions—
—paper
—glass
—plastic
—metals
—textiles
—putrescible waste
( d ) the quantities of waste arising within the relevant functional area, classified under the following descriptions—
—electrical and electronic goods
—batteries and accumulators
—oils
—polychlorinated biphenyls (PCBs)
—tyres
—vehicles
—packaging waste.
2.2 Waste Collection
A plan shall describe the waste collection systems (including bring facilities) which operate within the relevant functional area and their capacity, and specify arrangements for the segregation and separate collection of specific types of waste [i.e. those specified at 2.1 (d)].
2.3 Waste Prevention and Minimisation
A plan shall describe measures in support of waste prevention and minimisation carried on by the local authority and, to the extent that information is available or may reasonably be obtained, by business and industry, and give an assessment of the impact of such activities.
2.4 Waste Recovery
A plan shall describe waste recovery activities carried on by the local authority or other interests, specify the volumes and types of waste concerned and estimated waste recovery rates, and outline the position regarding markets or uses for recovered materials or products.
2.5 Waste Management Facilities
A plan shall provide, to the extent possible, the following information in respect of all facilities for the collection, handling, storage, treatment, recovery and disposal of waste which are located within the relevant functional area—
—location
—operating body
—process(es) involved
—annual waste input capacity
—requirements regarding waste acceptance
—current waste input, under the headings specified at 2.1 (a)
—in the case of a landfill facility, the estimated total remaining capacity
—where relevant, current output and utilisation of recovered material
—where relevant, current output and final disposal of residues
2.6 Other relevant matters
A plan shall—
( a ) specify the cost of waste management activities undertaken by the local authority and revenues accruing to the authority from such activities, and
( b ) indicate any deficiencies in waste management infrastructure or any other matters which inhibit optimum waste management.
Part 3
Anticipated developments over the period of the Plan
For the purposes of paragraphs (c) to (e) of section 22 (7) of the Act, a plan shall provide an assessment of likely trends or developments which may be expected to have an impact on the quantities and type of wastes arising, the need for waste recovery/disposal facilities, or other aspects of waste management, and this assessment shall include—
— the effect of measures to prevent or minimise waste production or the harmfulness of waste
— trends in population distribution and activity in the commercial, industrial and agricultural sectors
— trends in waste management, including private sector involvement in waste collection, recovery and disposal
— pending Community acts in relation to waste management and environmental standards
— relevant developments in the functional areas of other local authorities or, where appropriate, in other Member States
Where appropriate and feasible, possible alternative scenarios should be described.
Part 4
Waste Management Policy
4.1 Evaluation of policy options
For the purpose of section 22 (7) (a) of the Act, a plan shall provide an evaluation of policy options open to the local authority concerned—
( a ) in relation to the provision of services and waste management facilities,
( b ) in relation to the management of individual waste streams,
( c ) in relation to the achievement of the objectives specified in section 22 (6) of the Act, and
( d ) for the purpose of the enforcement and implementation of the Act.
In this regard, a plan shall assess the environmental impact and cost implications, of each option.
4.2 Statement of policy
In stating the waste management policies and objectives of the local authority, and the priorities respectively assigned to them, in accordance with section 22 (7) (a) of the Act, a plan shall outline the reasons for their adoption.
Part 5
Implementation of waste management policy over the relevant period
5.1 General
A plan shall—
( a ) outline proposals for monitoring of implementation of the plan, in particular with regard to the achievement of waste recovery or other targets, and
( b ) outline measures to provide ongoing and improved data and information regarding waste management.
5.2 Roles and responsibilities
A plan shall—
( a ) describe the respective roles of—
—the local authority
—other public authorities
—private interests, and
—the public
in relation to waste management within the relevant functional area,
( b ) describe organisational arrangements and responsibilities within the local authority, and between the local authority and other public authorities, and
( c ) specify proposed local authority measures to require, encourage or support the involvement of private interests and the public in support of waste management policies.
5.3 Waste prevention and recovery
For the purpose of section 22 (7) (b) of the Act, a plan shall include information on or otherwise have regard to—
( a ) the promotion of public awareness and dissemination of information and advice regarding waste prevention, minimisation, segregation and recovery, in liaison with other bodies as appropriate,
( b ) other measures in support of waste prevention, minimisation and recovery, including infrastructural development and the provision of support, assistance or incentives to householders and private interests,
( c ) the need for co-operation with and assistance for voluntary organisations involved in waste activities,
( d ) the segregation and separate collection of recoverable wastes, including legal requirements on waste producers,
( e ) home composting of organic household waste,
( f ) involvement (through joint ventures or otherwise) by local authorities in waste recovery operations,
( g ) the scope for energy recovery from waste,
( h ) targets for waste recovery, and
( i ) consultation and co-ordination of measures with other local authorities.
5.4 Management of packaging and packaging waste
Notwithstanding the general provisions of 5.2 above, a plan shall contain a separate section dealing with the management of packaging and packaging waste, outlining proposals in support of the objectives and measures specified in European Parliament and Council Directive 94/62/EC of 20 December, 1994, including measures proposed to be taken for the purposes of articles 4, 5 and 13 of that Directive.
5.5 Waste Collection and Disposal
For the purpose of section 22 (7) (f) of the Act, a plan shall include information on or otherwise have regard to—
( a ) the rationalisation, development or improvement of the existing waste collection, handling and disposal infrastructure, including the closure and aftercare of facilities, and the provision of new facilities,
( b ) measures, including co-operation with other local authorities, with a view to the application of the proximity principle, that is to say enabling waste to be disposed of 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,
( c ) the application of the polluter pays principle, and
( d ) consultation and co-ordination of measures with other local authorities.
Part 6
Matters relating to a Plan generally
A Plan shall—
( a ) contain a table of contents and a summary of its provisions,
( b ) indicate the source of data and information specified therein, including where appropriate methodologies used and investigations or surveys carried out, and
( c ) be illustrated and supported, as appropriate, by the inclusion of maps, diagrams and tables of information.
GIVEN under the Official Seal of the Minister for the Environment,
this 27th day of March, 1997.
BRENDAN HOWLIN,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations specify certain matters to be addressed in a waste management plan made under section 22 of the Waste Management Act, 1996 and the manner in which certain matters shall be set out and addressed in a plan. They also provide that a copy of a proposed waste management plan or a proposed variation of a plans shall be submitted to specified bodies.