Number 10 of 1996 WASTE MANAGEMENT ACT 1996 REVISED. Updated to 2 April 2018

Transcription

1 Number 10 of 1996 WASTE MANAGEMENT ACT 1996 REVISED Updated to 2 April 2018 This Revised Act is an administrative consolidation of the. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law. All Acts up to and including Technological Universities Act 2018 (3/2018), enacted 19 March 2018, and all statutory instruments up to and including Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), made 26 March 2018, were considered in the preparation of this Revised Act. Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by to revisedacts@lawreform.ie.

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3 Number 10 of 1996 WASTE MANAGEMENT ACT 1996 REVISED Updated to 2 April 2018 Introduction This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed. Related legislation Waste Management Acts 1996 to 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(3)). The Acts in this group are: (10/1996) Waste Management (Amendment) Act 2001 (36/2001), other than s. 14 Protection of the Environment Act 2003 (27/2003), Part 3 Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), Part 5 Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007 Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008) Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008) Environment (Miscellaneous Provisions) Act /2011), Part 4 Annotations This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. An explanation of how to read annotations is available at Material not updated in this revision Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available. i

4 Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available. A list of legislative changes to any Act, and to statutory instruments from 1988, may be found linked from the page of the Act or statutory instrument at Acts which affect or previously affected this revision Environment (Miscellaneous Provisions) Act 2015 (29/2015) Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013) Environment (Miscellaneous Provisions) Act 2011 (20/2011) Planning and Development (Amendment) Act 2010 (30/2010) Protection of the Environment Act 2003 (27/2003) Minister for the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002) Courts and Court Officers Act 2002 (15/2002) Local Government Act 2001 (37/2001) Waste Management (Amendment) Act 2001 (36/2001) Planning and Development Act 2000 (30/2000) National Beef Assurance Scheme Act 2000 (2/2000) Litter Pollution Act 1997 (12/1997) All Acts up to and including Technological Universities Act 2018 (3/2018), enacted 19 March 2018, were considered in the preparation of this revision. Statutory instruments which affect or previously affected this revision Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018) Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. No. 599 of 2017) Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017) Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017) Waste Management (Farm Plastics) (Amendment) Regulations 2017 (S.I. No. 396 of 2017) Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016) Waste Management (Fixed Payment Notice) (Producer Responsibility) Regulations 2016 (S.I. No. 373 of 2016) European Union (Waste Directive) (Recovery Operations) Regulations 2016 (S.I. No. 372 of 2016) Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016) Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016) Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. No. 538 of 2015) European Union (Properties of Waste which Render it Hazardous) Regulations 2015 (S.I. No. 233 of 2015) Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015) Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015) Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015) Waste Management (Landfill Levy) Regulations 2015 (S.I. No. 189 of 2015) Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 546 of 2014) European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014) ii

5 Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014) European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014) European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014) European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014) European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014) European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2013) Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. No. 504 of 2013) Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013) Waste Management (Landfill Levy) (Amendment) Regulations 2013 (S.I. No. 194 of 2013) European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013) European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013) European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012) Waste Management (Landfill Levy) (Amendment) Regulations 2012 (S.I. No. 221 of 2012) European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011) Waste Management (Landfill Levy) Regulations 2011 (S.I. No. 434 of 2011) Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011) European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011) European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011) European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011) Waste Management (Licensing) (Amendment) Regulations 2010 (S.I. No. 350 of 2010) Waste Management (Waste Electical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010) Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010) Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010) Waste Management (Landfill Levy) (Amendment) Regulations 2010 (S.I. No. 31 of 2010) Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010) European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010) Waste Management (Landfill Levy) Amendment Regulations 2009 (S.I. No. 550 of 2009) Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009) Waste Management (Landfill Levy) Order 2009 (S.I. No. 496 of 2009) European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009) European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009) Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008) Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment)(Amendment) Regulations 2008 (S.I. No. 376 of 2008) Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008) Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008) Waste Management (Landfill Levy) Regulations 2008 (S.I. No. 199 of 2008) Waste Management (Landfill Levy) Order 2008 (S.I. No. 168 of 2008) iii

6 Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008) Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007) Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007) Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007) Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007) Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007) Waste Management (Environmental Levy) (Plastic Bag) (Amendment) (No. 2) Regulations 2007 (S.I. No. 167 of 2007) Waste Management (Environmental Levy) (Plastic Bag) (Amendment) Regulations 2007 (S.I. No. 66 of 2007) Waste Management (Environmental Levy) (Plastic Bag) Order 2007 (S.I. No. 62 of 2007) Waste Management (Landfill Levy)(Amendment) Regulations 2006 (S.I. No. 402 of 2006) Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006) Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006) Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005) Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005) Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004) European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004) Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004) Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004) Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003 (S.I. No. 478 of 2003) European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003) Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003) Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002) Waste Management (Landfill Levy) Regulations 2002 (S.I. No. 86 of 2002) Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 (S.I. No. 605 of 2001) Waste Management (Collection Permit) (Amendment) Regulations 2001 (S.I. No. 540 of 2001) Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001) Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001) Waste Management (Prescribed Date) Regulations 2001 (S.I. No. 390 of 2001) Waste Management Act, 1996 (Prescribed Date) Order 2001 (S.I. No. 345 of 2001) Waste Management (Farm Plastics) Regulations 2001 (S.I. No. 341 of 2001) Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations 2001 (S.I. No. 267 of 2001) Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000) Waste Management (Hazardous Waste) (Amendment) Regulations 2000 (S.I. No. 73 of 2000) Waste Management (Packaging)(Amendment) Regulations 1998 (S.I. No. 382 of 1998) European Communities (Amendment of ) Regulations 1998 (S.I. No. 166 of 1998) Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998) Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998) Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998) Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998) iv

7 Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998) Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 (S.I. No. 148 of 1998) Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998) Waste Management (Amendment of ) Regulations 1998 (S.I. No. 146 of 1998) Waste Management (Farm Plastics) Regulations 1997 (S.I. No. 315 of 1997) Waste Management (Packaging) Regulations 1997 (S.I. No. 242 of 1997) Waste Management (Register) Regulations 1997 (S.I. No. 183 of 1997) Waste Management (Planning) Regulations 1997 (S.I. No. 137 of 1997) Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997) Waste Management Act, 1996 (Commencement) Order 1996 (S.I. No. 192 of 1996) All statutory instruments up to and including Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), made 26 March 2018, were considered in the preparation of this revision. v

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9 Number 10 of 1996 WASTE MANAGEMENT ACT 1996 REVISED Updated to 2 April 2018 ARRANGEMENT OF SECTIONS PART I PRELIMINARY AND GENERAL Section A. 10B A Short title and commencement. Community acts given effect to by this Act. Non-application of this Act. Definitions of waste, hazardous waste, disposal, recovery. Interpretation generally. Repeals and revocations. Regulations, orders and directions. Orders in relation to Third Schedule or Fourth Schedule. Offences by bodies corporate. Penalties. Fixed payment notice for certain offences relating to producer responsibility. Fixed payment notice for certain offences relating to waste collection permit. Prosecution of offences. Presumption in certain prosecutions. Cost of prosecutions. Payment of certain fines to local authority, Agency or other persons. Powers of authorised person. Monitoring and inspection. Service of notices. Time for the doing of certain things: Saturdays, Sundays, public holidays, etc. Information. Register to be maintained by each local authority and the Agency. 1

10 Section A. Expenses. Transfer of functions from local authorities to Agency, etc. Waste hierarchy. PART II WASTE MANAGEMENT PLANNING Waste management plans. Publication of notices in relation to waste management plans and procedure on review of such plans. Power of Minister in relation to waste management plans. Duty of local authority on making, varying or replacing a waste management plan. Hazardous waste management plan. PART III MEASURES TO REDUCE PRODUCTION, AND PROMOTE RECOVERY, OF WASTE A A. Interpretation (Part III). Waste prevention programmes. Waste prevention and minimisation. Measures related to recovery of waste. Public authority waste management. Recovery of waste by local authorities. Costs. PART IV HOLDING, COLLECTION AND MOVEMENT OF WASTE A. 34B. 34C. 34D General duty of a holder of waste. Collection of waste. Waste collection permits. Review of waste collection permit. Transfer of a waste collection permit. Information required by authorised persons or nominated authority. Fit and proper person. Presentation of waste for collection. Regulations in relation to movement of waste. PART V RECOVERY AND DISPOSAL OF WASTE 37. Interpretation (Part V). 2

11 37A A A. 42B A A. 54. Principles of self-sufficiency and proximity. Waste management facilities. Requirement to hold waste licence. Licensing under this Part and Part IV of Act of Grant of waste licences. Conditions attached to a waste licence. Application for a waste licence or review of a waste licence. Calculation of appropriate period and other time limits over holidays. Amendments of waste licence of clerical or technical nature. Section 42: supplementary provisions. Conduct of oral hearing and written report thereon. Regulations regarding waste licences. Review of waste licences. Transfer of waste licences. Surrender of waste licences. Revocation or suspension of waste licence in certain circumstances. Limit on duration of waste licences. Fees. Recovery of sludges and agricultural waste. Discharges to sewers. Financial provisions regarding waste recovery and disposal. Operator of landfill facility to impose charge for disposals. Application of the Act of 1963 and related regulations. PART VA RECOVERY OF END-OF-LIFE VEHICLES 53B. 53C. 53D. 53E. 53F. Interpretation and supplemental (Part VA). Producer responsibility for free treatment and recovery of end-oflife vehicles. Requirement to deposit mechanically propelled vehicle for recovery, etc. Regulations for purposes of section 53D, etc. Offences for failure to comply with section 53D, etc. PART VB WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT 53G. 53H. 53I. Interpretation and supplemental (Part VB). Regulations for purposes of promoting, supporting or facilitating the prevention, minimisation, or restriction of hazardous substances in waste. Distributor and producer responsibility for the take back, treatment and recovery of waste electrical and electronic equipment. 3

12 53J. 53K. 53L. 53M. Registration. Obligation to mark electrical and electronic equipment placed on the market. Obligation to provide information to users of electrical and electronic equipment. Obligation to provide information to recovery facilities. PART VI GENERAL PROVISIONS REGARDING ENVIRONMENTAL PROTECTION A A Power of local authority to require measures to be taken in relation to the holding, recovery or disposal of waste. Powers under section 55 also exercisable by Agency. Powers of local authority to take measures to prevent or limit environmental pollution caused by waste. Powers under section 56 also exercisable by Agency and clarification of that section. Powers of High Court in relation to the holding, recovery or disposal of waste. Remedies for unauthorised holding, recovery or disposal of waste. Functions of local authorities in regard to waste. PART VII MISCELLANEOUS A. Policy directions by Minister in relation to waste licensing, the movement of waste and other matters. Detention and forfeiture of certain vehicles and equipment. Power to give effect to Community acts. (Repealed) Agreements between Agency and other public authorities. Mass balances of specified substances. (Repealed) Amendment of Act of 1992 and Act of Amendment of Local Government (Water Pollution) Act, Immunity of the Agency and local authorities. Adaptation of certain references and transitional provisions. Transfer of functions in relation to waste licences. Exclusion of certain enactments relating to public health. Abandoned vehicles. Power to impose environmental levy. Power to impose landfill levy. Environment Fund. Charges for waste services. TransitionalprovisionsconsequentonProtectionoftheEnvironment Act Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive. 4

13 77. Transitional and savings provisions consequent on Environment (Miscellaneous Provisions) Act FIRST SCHEDULE EXAMPLES OF WASTE PREVENTION MEASURES REFERRED TO IN ARTICLE 29 OF WASTE DIRECTIVE SECOND SCHEDULE PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS THIRD SCHEDULE DISPOSAL OPERATIONS FOURTH SCHEDULE RECOVERY OPERATIONS FIFTH SCHEDULE REPEALS AND REVOCATIONS PART I Enactments Repealed PART II Statutory Instruments Revoked 5

14 Number 10 of 1996 WASTE MANAGEMENT ACT 1996 REVISED Updated to 2 April 2018 AN ACT TO MAKE PROVISION IN RELATION TO THE PREVENTION, MANAGEMENT AND CONTROL OF WASTE; TO GIVE EFFECT TO PROVISIONS OF CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE MATTERS; TO AMEND THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992, AND TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [20th May, 1996] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Annotations Modifications (not altering text): C1 Functions transferred and references construed ( ) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts Note that name of Minister for and Department of Communications, Energy and Natural Resources changed to Communications, Climate Action and Environment ( ) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in effect as per art. 1(2). 2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources. (2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources. 3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of (a) the enactments specified in Schedule 1, and (b) (b) the statutory instruments specified in Schedule 2, are transferred to the Minister for Communications, Energy and Natural Resources. (2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made 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 Communications, Energy and Natural Resources.... 6

15 Schedule 1 Article 3(1)(a) Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.... (No. 10 of 1996)... C2 Application of collectively cited Waste Management Acts 1996 to 2003 restricted ( ) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3). Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites (22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.... SECOND SCHEDULE Number Year Short Title/Citation... Waste Management Acts 1996 to C3 Application of Act and authorisations and regulations made under Act restricted ( ) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 9 and 11, in effect as per reg. 1(2). 9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts , the Foreshore Acts , the Fisheries Acts , the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.... Review of existing authorisations 11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred to in Article 9, or any Regulation made to give effect to a requirement of the said Acts, a public authority shall as soon as may be practicable, but not later than 22 December 2012 and sooner if required or where directed by the Minister, (a) examine the terms of every authorisation or revised authorisation to which Article 9 applies and for the time being in force and determine whether, having regard to the requirements of Article 7 of these Regulations, the authorisation or revised authorisation requires to be reviewed for the purposes of compliance with the said Article, and (b) if the authorisation or revised authorisation requires to be so reviewed complete such a review by the required date, or (c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case. 7

16 PT. I S. 1 (2) A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to ensure compliance with the environmental objectives and quality standards established by these Regulations. C4 Requirements for granting of certain authorisations under Act specified ( ) by European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009), reg. 12 and sch Without prejudice to the generality of Regulation 9 or any requirement arising under the European Communities Environmental Objectives (Surface Water) Regulations 2009, a public authority considering an application for authorisation of a discharge to waters draining to the surface water bodies identified under the First Schedule to these Regulations, under the Fisheries Acts , the Act of 1977, the Act of 1992, the Act of 1996 or Regulations made for that purpose under the European Communities Act of 1972 shall, where it is satisfied that the proposed discharge would not contravene Article 6(3) and 6(4) of the Habitats Directive, set down in the authorisation, emission limit values that aim to achieve the ecological quality objectives set out in the Fourth Schedule to these Regulations. PART I Preliminary and General Short title and commencement. 1. (1) This Act may be cited as the Waste Management Act, (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: E1 Power pursuant to section exercised ( ) 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, 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. F1[...] F1[...] TABLE 8

17 PT. I S. 2 Council Directive 76/403/EEC of 6 April, 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls 1 Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances 2 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 environment 3 ] 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 agriculture 4 F1[...] Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos 5 Council Directive 89/369/EEC of 8 June, 1989 on the prevention of air pollution from new municipal waste incineration plants 6 F1[...] Council Directive 91/157/EEC of 18 March, 1991 on batteries and accumulators containing dangerous substances 7 Council Directive 91/271/EEC of 21 May, 1991 concerning urban waste water treatment 8 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 substances 9 F3[Council Directive 1999/31/EC of 26 April 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] F4[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 waste 12 F5[F1[...] European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles 13 1 O.J. No. L 108/41, 26 April, O.J. No. L 20/43, 26 January, O.J. No. L 26, p.1 4 O.J. No. L 181/6, 4 July, O.J. No. L 85/40, 28 March, O.J. No. L 163/32, 14 June, O.J. No. L 78/38, 26 March, O.J. No. L 135/40, 30 May, O.J. No. L 264/51, 23 October, OJ No L182, , p OJ L 190, , p.1 12 O.J. No. L 365/10, 31 December, O.J. No. L269, , p.34. 9

18 PT. I S. 2 European Parliament and Council Directive 2000/76/EC of 4 December, 2000 on the incineration of waste 14 ] F6[European Parliament and Council Directive 2002/95/EC of 27 January 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 on waste electrical and electronic equipment European Parliament and Council Directive 2003/108/EC of 8 December amending Directive 2002/96/EC on waste electrical and electronic equipment] F7[Directive 2006/21/EC of the European Parliament and of the Council of 15 March on the management of waste from extractive industries F8[...] 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 ( ) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(a)-(f). F2 F3 F4 F5 Substituted( )byEuropeanUnion(EnvironmentalImpactAssessment)(Waste)Regulations 2012 (S.I. No. 283 of 2012), reg. 3, in effect as per reg. 1(2). Inserted ( ) by European Communities (Metallic Mercury Waste) Regulations 2013 (S.I. No. 72 of 2013), reg. 2(a). Substituted ( ) 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). Inserted ( ) by Protection of the Environment Act 2003 (27/2003), s. 19, S.I. No. 393 of F6 Inserted ( ) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 4, in effect as per reg. 2. F7 F8 Substituted ( ) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 3(g). Deleted ( ) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 24, in effect as per reg. 2. Editorial Notes: E2 E3 Previous affecting provision: power pursuant to section exercised ( , , and ) 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. Previous affecting provision: section amended ( ) 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. 14 O.J. No. L332, , p O.J. No. L 37/19, 13 February, O.J. No. L 37/24, 13 February, O.J. No. L 345/106, 31 December, OJ No. L102, , p.15 10

19 PT. I S. 2 E4 E5 Previous affecting provision: power pursuant to section exercised ( , , and ) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked ( ) 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). Previous affecting provision: power pursuant to section exercised ( ) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 2; revoked ( ) by European Union (End-of-Life Vehicle) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3. F9[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 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 nonhazardous 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 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) F10[, 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. 19 OJ No. L140, , p OJ No. L300, , p.1 11

20 PT. I S. 3 (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 nonhazardous.] Annotations Amendments: F9 F10 Substituted ( ) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 4. Inserted ( ) by European Communities (Waste Directive) (No. 2) Regulations 2011 (S.I. No. 323 of 2011), reg. 3. F11[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; 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: F11 Substituted ( ) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg

21 PT. I S. 4 Editorial Notes: E6 E7 E8 Power pursuant to section exercised ( ) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2. Power pursuant to section exercised ( ) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017). Power pursuant to section exercised ( and ) 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; F12[ authorised person means F13[(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; F14[ best available techniques means best available techniques as defined in Article 2(12) of Directive 2008/1/EC; bio-waste means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants; 13

22 PT. I S. 5 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; contravention includes, in relation to any provision, a failure or refusal to comply with that provision, and contravene shall be construed accordingly; F14[ 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;] F15[ development has the meaning assigned to it by section 3 of the Planning and Development Act 2000] 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; F16[ 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;] F17[ Environment Fund has the meaning assigned to it by section 74;] F15[ environmental impact assessment shall be construed in accordance with section 40(2A);] F18[ environmental impact statement means a statement of the direct and indirect effects that a proposed development will have or is likely to have on the environment and shall include the information specified in Annex IV to 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 environment11;] 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 F19[...] 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 11 O.J. No. L 26, p.1 14

23 PT. I S. 5 (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 F20[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, , (made pursuant to Article 1 (a) of Council Directive 75/442/EEC 2 on waste) and includes such list as amended from time to time; F17[ executive function means a function other than a reserved function;] facility means, in relation to the recovery or disposal of waste, any site or premises used for such purpose; 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; F21[...] household waste means waste produced within the curtilage of a building or selfcontained part of a building used for the purposes of living accommodation; F22[ 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; F22[ 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); F23[ 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 O.J. No. L 15/5, 7 January, O.J. No. L 194/39, 25 July, O.J. No. L334, , p O.J. No. L334, , p

24 PT. I S. 5 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; F17[ 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;] F14[ 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; 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; F21[...] 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; F24[ preparing for re-use means checking, F25[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; 16

25 PT. I S. 5 F14[ 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 lifespan of products, (b) the adverse impacts of the generated waste on the environment and human health, or (c) the content of harmful 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; F14[ 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);] 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; F24[ 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; 17