Legalize / Ireland / Act

Waste Management Act , 1996

Type Act

Publication 1996-05-20

Last updated 2024-11-21

State In force

Source Irish Statute Book

articles 116

Reform history JSON API

PART I Preliminary and General

1. 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.

2. 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[…]

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 F3[, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014^2

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

F4[Council Directive 1999/31/EC of 26 April 1999^10on 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 waste^12

F6[F1[…]

European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles^13

European Parliament and Council Directive 2000/76/EC of 4 December, 2000 on the incineration of waste^14

F7[European Parliament and Council Directive 2002/95/EC of 27 January 2003^15on 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 2003^16on waste electrical and electronic equipment

European Parliament and Council Directive 2003/108/EC of 8 December 2003^17amending 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 2006^18on 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]

3. 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 2009^19on 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 theDumping 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 bysubsection (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 2009^20laying 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.]

4. 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 theThird Schedule,

and“waste disposal activity”shall be construed accordingly;

“hazardous waste”means waste which displays one or more of the hazardous properties listed in theSecond 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 theFourth 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.]

5. 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;

F15[“Act of 2022”means the Circular Economy and Miscellaneous Provisions Act 2022;]

“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;

F15[“approval”, in relation to a proposal undersection 14A(4), means an approval given undersection 14A(5)or renewed undersection 14A(11)in respect of the CCTV scheme which is the subject of the proposal;

“approved CCTV scheme”means a CCTV scheme which is the subject of a proposal in respect of which an approval is in being;]

F16[“authorised person”meansF17[(other than insection 10A)]a person who is appointed in writing by—

(a) the Minister,

(b) a local authority,

(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[“automatic number plate recognition device”means a device which engages an automated method of recognising vehicle registration plates from a camera image;]

F18["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;]

F19[“best available techniques”means best available techniques as defined in Article 2(12) of Directive 2008/1/EC;]

F15[“biometric data”has the meaning given to it by section 69 (1) of the Data Protection Act 2018;]

F20["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;]

F15[“body-worn recording device”means a recording device affixed to or contained in the clothing, uniform or headgear of an authorised person;]

F19[“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;]

F15[“CCTV scheme”has the meaning given to it bysection 14A(1);]

F15[“closed circuit television”or“CCTV”means a system of recording devices the signals of which are not made publicly available but are monitored, or are capable of being monitored, by a local authority;

“code of practice”means a code of practice approved by the Minister in accordance withsection 14Cand includes part of a code of practice;]

F19[“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;

F18["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;

F19[“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;]

F21[“development”has the meaning assigned to it bysection 3of thePlanning and Development Act 2000]

F22["EIA Directive" means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011^1as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014^2;]

“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;

F23[“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;]

F24[“Environment Fund”has the meaning assigned to it bysection 74;]

F42[…]

F21[“environmental impact assessment”shall be construed in accordance withsection 40(2A);]

F22["environmental impact assessment report" shall be construed in accordance withsection 40(2A);]

F25[F26[…]]

“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 F27[…] 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

“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 F28[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, 1993^1, (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;

F24[“executive function”means a function other than a reserved function;]

F18["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.]

F15[“facial recognition device”means a device or system of devices which, through automated use of biometric data, matches or categorises facial images captured by the device;]

“facility” means, in relation to the recovery or disposal of waste, any site or premises used for such purpose;

F18["food waste" means all food as defined in Article 2 of Regulation (EC) No 178/2002^11of 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;

F29[…]

“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;

F30[“Industrial Emissions Directive”means Directive 2010/75/EU^1of 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;

F30[“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;]

“land” includes any subsoil thereunder and structure thereon and land covered with water (whether inland or coastal);

F31[“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;

F24[“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;]

F18["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;]

F19[“Minister”means the Minister for the Environment, Heritage and Local Government;]

F15[“mobile recording device”means a recording device, other than CCTV, and includes a body-worn recording device;]

“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;

F18["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;

F15[“operation”, in relation to closed circuit television, includes the maintenance and monitoring of closed circuit television;]

“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;

F29[…]

“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;

F32[“preparing for re-use”means checking,F33[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;

F34["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

“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,

(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;

F15[“recording device”means a device that is capable of recording or processing, or both, visual images or audio, or both, on any medium, from which a visual image or moving visual images may be produced and includes any accompanying document, and, where only visual images or moving visual images are concerned, includes any sound accompanying those images but does not include automatic number plate recognition devices or facial recognition devices;]

F19[“recycling”—

(a) subject toparagraph (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);]

F18["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;

F32[“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;

F19[“TFS Regulation”means Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006^6on 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,

(d) a load on a vehicle;

“waste collection permit” has the meaning assigned to it by section 34;

F32[“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;]

F35["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;]

F32[“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,

(d) waste prevention programmes guidance or policy issued by the Agency;]

“waste licence” shall be construed in accordance with section 37;

F36[“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.

F37[(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.]

F38[(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)F39[…]]

(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.

F40[(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).]

F41[(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).

6. Repeals and revocations.

6.—(1)Each enactment mentioned in column (2) of Part I of the Fifth Schedule is hereby repealed to the extent specified in column (3) of the said Part.

(2)Each statutory instrument mentioned in column (2) of Part II of the Fifth Schedule is hereby revoked to the extent specified in column (3) of the said Part.

7. Regulations, orders and directions.

7.—(1)The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2)Regulations made under this Act may make different provisions in relation to different areas, different circumstances, different classes of persons or waste and different waste management or other activities.

(3)A regulation under this Act (other than a regulation under section 7 (6), 39 (8) or 62) or an order under this Act (other than an order under F44[section 1(2),8,69(1)or72(12)] or an order under subsection (5) amending or revoking an order under section 8 or 69 (1)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4)Where regulations under section 7 (6), 39 (8) or 62, or an order under section 8 or 69 (1) or an order under subsection (5) amending or revoking such an order, is or are proposed to be made, a draft of the regulations or the order, as the case may be, shall be laid before each House of the Oireachtas and the regulations or order shall not be made until a resolution approving of the draft has been passed by each such House.

(5)(a)The Minister may by order amend or revoke an order made by him or her under this Act (F45[F46[…]including an order under this paragraph]) and by direction amend or revoke a direction given by him or her under this Act (including a direction under this paragraph).

(b)The Agency may by direction amend or revoke a direction given by it under this Act (including a direction under this paragraph).

(c)An order or direction under this subsection shall be made or given in the like manner and its making or giving shall be subject to the like (if any) consents and conditions as the order or direction that it is amending or revoking.

(6)If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation, or for securing or facilitating its operation, and any such regulations may modify any provision of this or any other enactment so far as may be necessary or expedient for the purposes aforesaid but no regulations may be made under this subsection in relation to a provision of this Act after the expiration of 2 years from the commencement of that provision.

8. Orders in relation to Third Schedule or Fourth Schedule.

8.—The Minister may make an order amending the Third Schedule or the Fourth Schedule by adding or deleting anything to or from either of the said Schedules.

9. Offences by bodies corporate.

9.—(1)Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

10. Penalties.

10.—(1)A person guilty of an offence under this Act (other than an offence referred to in subsection (2)) shall be liable—

(a)on summary conviction, to a F47[class A fine] or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment, or

(b)on conviction on indictment, to a fine not exceeding F48[€15,000,000] or to imprisonment for a term not exceeding 10 years, or to both such fine and such imprisonment.

(2)A person guilty of an offence under section 16 (5), 32 (6) (where the offence consists of a contravention of regulations under subsection (4) of that section), 33 (8) F49[34(1)(c), in so far as the offence consists of contravention of a condition attached, undersection 34(7)(d), to a waste collection permit,34(10A),34A(13)], 38 (7) or 40 (13) shall be liable on summary conviction to a F50[class A fine] or to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment.

(3)If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding F48[€1,000] or (in the case of an offence to which subsection (1) applies) on conviction on indictment, to a fine not exceeding F48[€130,000].

(4)In imposing any penalty under subsection (1), the court shall, in particular, have regard to the risk or extent of environmental pollution F51[, and any remediation required,] arising from the act or omission constituting the offence.

10A. F52[Fixed payment notice for certain offences relating to producer responsibility

10A.—(1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence the authorised person may give to the person a notice (in this Act referred to as a“fixed payment notice”) in writing and in the prescribed form stating that—

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or the Agency, as appropriate, at the address specified in the notice a payment of the amount specified insubsection (4)in respect of that offence, accompanied by the notice,

(d) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or the Agency, as appropriate, at the address specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the local authority concerned or the Agency, as appropriate, shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority or Agency, as appropriate, shall retain the money for disposal in accordance withsubsection (5), and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

(a)€2,000, where the relevant offence consists of a contravention of Regulation 10(5)(a) of the WEEE Regulations,

(b)€1,000, where the relevant offence consists of a contravention of—

(i) Regulation 17(3) or 21(1)(b) of the Batteries and Accumulators Regulations,

(ii) Regulation 14(1)(b)(i), 14(1)(b)(iii), 20(a) or 22(1) of the End-of-Life Vehicles Regulations,

(iii) Regulation 10(1)(b), 10(1)(c) or 10(1)(d) of the Packaging Regulations, or

(iv) Regulation 10(7) or 15(1)(a)(ii) of the WEEE Regulations,

(c)€500, where the relevant offence consists of a contravention of—

(i) Regulation 21(4)(a) or 32(c) of the Batteries and Accumulators Regulations,

(ii) Regulation 10(1)(a), 15(1)(b) or 15(2)(c) of the Packaging Regulations, or

(iii) Regulation 13(5), 29(a)(i), 29(a)(ii) or 30(3) of the WEEE Regulations,

(d)€100, where the relevant offence consists of contravention of Regulation 33 of the End-of-Life Vehicles Regulations.

(5) (a) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with,section 97of theLocal Government Act 2001and expended in accordance with that section.

(b) Moneys received by the Agency pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined by the Agency with the prior consent of the Minister and the Minister for Public Expenditure and Reform.

(6) (a) In this section—

“authorised person”means—

(i) in relation to a relevant offence referred to inparagraph (b)(i), an authorised person within the meaning of the Batteries and Accumulators Regulations,

(ii) in relation to a relevant offence referred to inparagraph (b)(ii), an authorised person within the meaning of the End-of-Life Vehicles Regulations,

(iii) in relation to a relevant offence referred to inparagraph (b)(iii), an authorised person within the meaning of the Packaging Regulations, and

(iv) in relation to a relevant offence referred to inparagraph (b)(iv), an authorised person within the meaning of the WEEE Regulations;

“Batteries and Accumulators Regulations”means the European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014);

“End-of-Life Vehicles Regulations”means the European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014);

“Packaging Regulations”means the European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014);

“WEEE Regulations”means the European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014).

(b) In this section“relevant offence”means—

(i) an offence under Regulation 47 of the Batteries and Accumulators Regulations consisting of a contravention of Regulation 17(3), 21(1)(b), 21(4)(a) or 32(c) of those regulations,

(ii) an offence under Regulation 34 of the End-of-Life Vehicles Regulations consisting of a contravention of Regulation 14(1)(b)(i), 14(1)(b)(iii), 20(a), 22(1) or 33 of those regulations,

(iii) an offence under Regulation 34 of the Packaging Regulations consisting of a contravention of Regulation 10(1)(a), 10(1)(b), 10(1)(c), 10(1)(d), 15(1)(b) or 15(2)(c) of those regulations, or

(iv) an offence under Regulation 39 of the WEEE Regulations consisting of a contravention of Regulation 10(5)(a), 10(7), 13(5), 15(1)(a)(ii), 29(a)(i), 29(a)(ii) or 30(3) of those regulations.]

10B. F60[Fixed payment notice for certain offences relating to waste collection permit

10B.—(1) Where an authorised person has reasonable grounds for believing that a person has committed an offence undersection 34(1)(c), in so far as the offence consists of contravention of a condition attached, undersection 34(7)(d), to a waste collection permit, the authorised person may give to the person a notice in writing (in this Act referred to as a“fixed payment notice”) in the prescribed form stating that—

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice make to the local authority concerned at the address specified in the notice a payment of€500 in respect of that offence, accompanied by the notice,

(d) a prosecution of the person to whom the notice is given in respect of the offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned, at the address specified in the notice, the payment specified in the notice accompanied by the notice,

(b) the local authority concerned shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority shall retain the money for disposal in accordance withsubsection (4), and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for an offence undersection 34(1)(c), in so far as the offence consists of contravention of a condition attached, undersection 34(7)(d), to a waste collection permit, it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with,section 97of theLocal Government Act 2001and expended in accordance with that section.]

10C. F63[Fixed payment notice for certain offences relating to single use plastic

10C.—(1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under the European Union (Single Use Plastic) (No. 2) Regulations 2021 and the offence is to be prosecuted summarily the authorised person may give to the person a notice in writing (in this Act referred to as a“fixed payment notice”) in the prescribed form stating that—

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice make to the local authority concerned or to the Agency, as appropriate, at the address specified in the notice a payment of€2,000 in respect of that offence, accompanied by the notice,

(2) Where a fixed payment notice is given—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or to the Agency, as appropriate, at the address specified in the notice, the payment specified in the notice,

(b) the local authority concerned or the Agency, as appropriate, shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority concerned or the Agency, as appropriate, shall retain the money for disposal in accordance withsubsection (4), and

(3) In proceedings for an offence under the European Union (Single Use Plastic) (No. 2) Regulations 2021 it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) (a) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 of the Local Government Act 2001 and expended in accordance with that section.

11. Prosecution of offences.

11.—(1)Subject to subsection (5), summary proceedings for an offence under this Act may be brought by a local authority (whether or not the offence is committed in the authority’s functional area) or by the Agency.

(2)Notwithstanding subsection (1), the Minister may, by regulations, provide that summary proceedings for an offence aforesaid specified in the regulations may be brought by such person (including the Minister) as is so specified.

(3)Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings in relation to an offence under this Act may be commenced—

(a)at any time within 12 months from the date on which the offence was committed, or

(b)if, at the expiry of that period, the person against whom the proceedings are to be brought is outside the State, within 6 months of the date on which he or she next enters the State, or

(c)at any time within 6 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings, comes to such person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.

(4)For the purpose of this section, a certificate signed by or on behalf of the person bringing the proceedings as to the date on which evidence relating to the offence concerned came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.

(5)Subject to any order under section 69, summary proceedings for an offence under this Act in respect of a failure to comply with a condition attached to a waste licence or any other requirements of or under this Act in relation to the carrying on of an activity, the subject of such a licence, may only be brought by the Agency.

11A. F64[Presumption in certain prosecutions.

11A.—In a prosecution for an offence undersection 32(6)or39(9)relating to the recovery or disposal of waste on, in, over or under any land where it is proved that, by reason of—

(a) the nature of the particular recovery or disposal activity that was carried on,

(b) the period of time over which it appears that activity was carried on,

(c) the characteristics of the land and the degree of use or control it appears the owner of the land made of, or exercised in relation to, the land at the relevant time or times, or

(d) any other relevant circumstances,

it is a reasonable inference that that recovery or disposal was carried on with the consent of the owner of the land then, it shall be presumed, until the contrary is shown, that that recovery or disposal was carried on with that owner’s consent.]

12. Cost of prosecutions.

12.—Where a person is convicted of an offence under this Act in proceedings brought by a local authority, the Agency, or a person specified under section 11 (2), the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the local authority, Agency or other person, as the case may be, the costs and expenses, measured by the court, incurred by the local authority, Agency or other person in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers, as the case may be.

13. Payment of certain fines to local authority, Agency or other persons.

13.—Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act in proceedings brought by a local authority, the Agency or a person specified under section 11(2) it shall, on the application of the local authority, the Agency or the said person, as the case may be (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the local authority, the Agency or the said person and such payment may be enforced by the local authority, the Agency or the said person, as the case may be, as if it were due to it or him or her on foot of a decree or order made by the court in civil proceedings.

14. Powers of authorised person.

14.—(1)An authorised person may, for any purpose connected with this Act—

(a)at all reasonable times, or at any time if he or she has reasonable grounds for believing that there may be a risk of environmental pollution arising from the carrying on of an activity at the premises or that such pollution is occurring, enter any premises and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose, and

F65[(b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary for the purpose.]

(2)Subject to subsection(7), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this section unless he or she has given to the occupier of the dwelling not less than 24 hours notice in writing of his or her intended entry.

(3)Every authorised person shall be furnished with a certificate of his or her appointment and when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4)Whenever an authorised person enters any premises or boards any vehicle, pursuant to this section, the authorised person may therein, as appropriate—

(a)make such plans, take such photographs F66[, record such information on data loggers, make such tape, electrical, video or other recordings] and carry out such inspections,

(b)make such tests F67[make such copies of documents and records (including records in electronic form) found therein and take such samples],

(c)carry out such surveys, take such levels, make such excavations and carry out such examinations of depth and nature of subsoil,

(d)require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period,

(e)require from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises, such information,

(f)require the production of and inspect such records and documents F68[, including records held in electronic form], and take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her by or under this Act.

(5)(a)An authorised person who, having entered any premises or boarded any vehicle, pursuant to this section, considers that waste thereon or therein is such, or is being handled or transported in such manner, as to constitute a risk of environmental pollution, may direct the holder of such waste to take such measures as are considered by that authorised person to be necessary to remove that risk, including the disposal of the waste, in such manner and place and within such period as the authorised person may specify.

(b)If a holder of waste fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the direction is carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the holder of the waste by him or her, or the person by whom he or she was appointed, as a simple contract debt in any court of competent jurisdiction.

(6)Any person who—

(a)refuses to allow an authorised person to enter any premises or board any vehicle or to take any person or equipment with him or her in the exercise of his or her powers under this section,

(b)obstructs or impedes an authorised person in the exercise of any of his or her powers under this section,

(c)gives either to an authorised person, a relevant local authority or the Agency, information which to his or her knowledge is false or misleading in a material respect, or

(d)fails or refuses to comply with any requirement of this section or of an authorised person,

shall be guilty of an offence.

(7)(a)Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises or if an authorised person has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this subsection authorising the entry by the authorised person into the premises.

(b)If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises as aforesaid or that the authorised person has reasonable grounds for believing the other matters aforesaid, the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge deems it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time or times within 1 month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (4) or (5).

(8)An authorised person may, in the exercise of any power conferred on him or her by this Act involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith.

(9)An authorised person may enter on land for the purpose of assessing the suitability of the land for waste disposal; such an entry shall be subject to the relevant provisions of section 83 (other than subsection (6)) of the Act of 1963 as if it were an entry made under that section.

(10)The Minister may make regulations for the purposes of this section.

(11)Without prejudice to the generality of subsection (10), regulations under this section may provide for all or any of the following matters—

(a)the taking of samples and the carrying out of tests, examinations and analyses,

(b)the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses, or

(c)the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.

(12)Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

14A. F69[Operation of CCTV for certain purposes

14A.—(1) An authorised person may submit a proposal in accordance withsubsection (4)for the installation and operation of closed circuit television in the functional area of, or any particular area within the functional area of, a local authority (in this Part referred to as "a CCTV scheme"), for the purposes of—

(a) deterring environmental pollution, and

(b) facilitating the deterrence, prevention, detection and prosecution of offences under this Act.

(2) A proposal made undersubsection (1)shall include—

(a) details of the location, number and technical specification of the devices to be used in the CCTV scheme,

(b) details of the geographical areas to be covered by the CCTV scheme,

(c) a plan prepared in accordance withsubsection (3)for the purposes of this paragraph in respect of the CCTV scheme, and

(d) such other matters referred to in the code of practice approved undersection 14Cin respect of the operation of this section that relate to the installation and operation of the CCTV scheme.

(3) A plan prepared for the purposes ofsubsection (2)(c)—

(a) shall contain details of the arrangements proposed in respect of—

(i) the monitoring, recording and disclosure of the images, sounds or documents, produced pursuant to the CCTV scheme, and

(ii) the preservation of recordings made and documents produced pursuant to that scheme,

(b) shall include a data protection impact assessment in respect of the CCTV scheme carried out in accordance with section 84 of the Data Protection Act 2018, and

(i) Part 5 of the Data Protection Act 2018, and

(ii) the code of practice approved undersection 14Cfor the purposes of the operation of this section.

(4) A proposal undersubsection (1)shall be submitted to the chief executive of the local authority in whose functional area, or part thereof, the proposed CCTV scheme is to operate and he or she shall decide whether or not to approve the proposal.

(5) Subject tosubsections (6)to(8), the chief executive—

(a) may approve, or approve, subject to such modifications, terms and conditions (if any) as he or she considers appropriate, a proposal submitted to him or her under this section, and

(b) where he or she approves a proposal, whether with or without modifications, terms and conditions, he or she shall specify the date on which the approval expires.

(6) In deciding whether or not to approve a proposal undersubsection (5), in considering what, if any, modifications, terms and conditions are appropriate and in specifying the date on which an approval is to expire, the chief executive shall consider the extent to which the proposal is proportionate to, and necessary for, the purposes referred to insubsection (1)and he or she shall not approve a proposal unless he or she is satisfied that the proposal is proportionate to, and necessary for, those purposes.

(7) Where the chief executive approves a proposal undersubsection (5)—

(a) the approval shall—

(i) be in writing,

(ii) set out such modifications, terms and conditions (if any) as he or she considers appropriate, and

(iii) state the date on which the approval shall expire, and

(b) the CCTV scheme to which the approval relates shall be operated in accordance with the approval and with the code of practice approved undersection 14Cfor the purposes of the operation of this section.

(8) Subject tosubsections (11),(12)and(13), an approval given undersubsection (5)shall expire not later than the date that is 5 years from the date on which the approval was given.

(9) The chief executive of a local authority in whose functional area, or part of whose functional area, an approved CCTV scheme is in operation and in respect of which an approval is in being—

(i) may, at any time, and

(ii) shall, not later than 5 years from the date on which the approval in respect of the CCTV scheme was given undersubsection (5)and thereafter at intervals of not more than 5 years from the date of the immediately preceding review,

cause a review of the operation of that scheme to be carried out by an authorised person.

(10) An authorised person carrying out a review pursuant to this section shall consider—

(a) whether the approved CCTV scheme is being operated—

(i) in accordance with the approval in respect of the scheme, and

(ii) in compliance with the code of practice approved undersection 14Cfor the purposes of the operation of this section,

(b) the extent to which the operation of the scheme during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes referred to insubsection (1), and

(11) Without prejudice tosubsection (12), following a review carried out undersubsection (10), the chief executive shall decide whether to—

(a) renew the approval given in respect of the scheme, subject to such modifications, terms and conditions, if any, as he or she considers appropriate, or

(b) revoke the approval,

andsubsections (6)to(10)shall, with any necessary modifications, apply in respect of the decision of the chief executive under this subsection and, where renewed, the approval as so renewed.

(12) The chief executive may at any time revoke an approval where the CCTV scheme to which the approval relates has been operated otherwise than—

(a) in accordance with the approval, or

(b) in accordance with the code of practice for the time being approved undersection 14Cfor the purposes of the operation of this section.

(13) Where, in relation to an approved CCTV scheme, it is proposed that there are to be changes to the scheme, other than repairs or modifications that do not alter the extent of the coverage of the scheme or the capability of the devices used in the scheme, an authorised person shall make a proposal undersubsection (1)in respect of those changes and this section shall apply, with any necessary modifications, in respect of that proposal and where an approval is given in respect of that new proposal, the existing approval shall be revoked.

(14) Where an approval expires and is not renewed or is revoked by a chief executive under this section, the local authority shall, not later than one month after the date on which the approval expired or is revoked, as the case may be, terminate the operation of the CCTV scheme concerned.

(15) Notice of the approval, review or revocation of a proposal under this section shall be published on the website of the local authority concerned.

(16) In this section, "chief executive" has the same meaning as it has in section 2 of the Local Government Act 2001.]

14B. F70[Operation of mobile recording device by authorised person for certain purposes

14B.—(1) An authorised person acting in the course of his or her duties under this Act may, in accordance with this section and with the code of practice approved undersection 14Cfor the purposes of the operation of this section, operate a mobile recording device for the purposes of—

(a) preventing, investigating, detecting or prosecuting offences under this Act, or

(b) ensuring his or her personal safety or security in preventing, investigating, detecting or prosecuting offences under this Act.

(2) The operation of a mobile recording device undersubsection (1)must be necessary for, and proportionate to, the purpose for which it is operated.

(3) A mobile recording device shall be operated by an authorised person in accordance with the code of practice approved undersection 14Cfor the purposes of the operation of this section.]

14C. F71[Codes of practice for purposes of sections 14A and 14B

14C.—(1) The Local Government Management Agency shall, as soon as practicable after the coming into operation of section 22 of the Act of 2022, prepare and submit to the Minister for his or her approval a draft code or codes of practice for the purposes of setting standards for the operation of each ofsections 14Aand14B.

(2) A draft code of practice referred to insubsection (1)shall, in respect of the section to which it relates, include provisions in relation to the following:

(a) the procedures and standards to be followed in the operation of the section including, wheresection 14Aapplies, in the installation of devices to be used in a CCTV scheme;

(b) confidentiality, security, storage, access to, retention, deletion and any other processing of, data gathered in accordance with the section;

(d) the rights of data subjects in so far as they relate to the operation of the section concerned;

(e) such other matters, if any, related to the operation of the section that the Local Government Management Agency considers appropriate,

and the code or codes of practice may contain different provisions in relation to different types of devices or systems, in relation to different categories of persons and in relation to the different circumstances in which such devices or systems are operated.

(3) In preparing a draft code of practice under this section, the Local Government Management Agency—

(a) shall carry out or cause to be carried out on its behalf an assessment of the likely impact on data subjects of types of processing of personal data contemplated bysection 14Aor14B, as the case may be,

(b) shall ensure that the assessment referred to inparagraph (a)contains the following:

(i) a general description of the type of processing operations to which the assessment relates;

(ii) an assessment of the potential risks to the rights and freedoms of data subjects as a result of that processing;

(iii) a description of any safeguards, security measures or mechanisms proposed to be implemented by the local authority to mitigate any risk referred to insubparagraph (ii)and to ensure the protection of the personal data in relation to the types of processing contemplated bysection 14Aor14B, as the case may be, and

(4) Before submitting a draft code or codes of practice to the Minister under this section, the Local Government Management Agency—

(a) shall consult with—

(i) the Minister,

(ii) the Minister for Housing, Local Government and Heritage,

(iii) the Minister for Justice, and

(iv) the Data Protection Commission,

(b) shall provide the assessment referred to insubsection (3)to the persons referred to inparagraph (a)before consulting with those persons, and

(c) may consult with any other person or body appearing to the Local Government Management Agency to have an interest in the operation ofsection 14Aor14Band such other person that the Minister may direct.

(5) The Minister may approve, with or without modifications, a code of practice submitted to him or her under this section.

(6) The Local Government Management Agency shall ensure that a code of practice approved by the Minister under this section is reviewed by it on a regular basis with the first review to be not later than 5 years from the date on which the code is first approved by the Minister, and, in the case of each subsequent review, not later than 5 years from the date of the previous review.

(7) The Local Government Management Agency shall consult with the persons referred to insubsection (4)when conducting a review undersubsection (6).

(8) The Minister shall be informed in writing by the Local Government Management Agency of the outcome of a review undersubsection (6).

(9) The Local Government Management Agency, following a review undersubsection (6)or at any other time that it considers appropriate, may submit a further draft code of practice to the Minister to amend, revoke or replace, an existing code of practice, or to create a new code of practice or may request the Minister to renew the code which was the subject of the review.

(10) Subject tosubsection (11),subsections (2)to(9)shall apply in relation to a draft code of practice submitted to the Minister undersubsection (9)or a request made under that subsection to renew an existing code of practice as they apply to a draft code of practice submitted to the Minister undersubsection (1).

(11)Subsection (10)shall not apply where the amendments being made to a code of practice are minor or technical only.

(12) A code of practice, renewed or approved, as the case may be, by the Minister under this section shall be laid before each House of the Oireachtas by the Local Government Management Agency and shall be published on a website maintained by or on behalf of the Minister or the Government.]

14D. F72[Admissibility of evidence obtained under section 14, 14A or 14B

14D.—(1) Evidence obtained undersection 14,14Aor14B—

(a) may be admitted as evidence in criminal proceedings, and

(b) shall not require the device from which it was obtained to be exhibited in court proceedings.

(2) Nothing insection 14,14Aor14Bis to be construed as prejudicing the admissibility of information or material obtained otherwise than as a result of operating a recording device under the provisions of this Act.

(3) Information obtained as a result of the operation of an approved CCTV scheme may be admitted as evidence in criminal proceedings notwithstanding any error or omission on the face of the approval given in respect of the scheme concerned, if the court, having regard in particular to the matters specified insubsection (4), decides that—

(a) the error or omission concerned was inadvertent, and

(b) the information ought to be admitted in the interests of justice.

(4) The matters referred to insubsection (3)are—

(a) whether the error or omission concerned was serious or merely technical in nature,

(b) the nature of any right infringed by the manner in which the information was obtained,

(d) the probative value of the information concerned.

(5) A failure to observe any provision ofsection 14,14Aor14Bor of any code of practice approved undersection 14Con the part of any local authority or authorised person, shall not (without prejudice to the power of the court to exclude evidence) of itself affect the admissibility of any evidence thereby obtained.

(6) It shall be presumed, unless the contrary is shown, that—

(a) any device used in an approved CCTV scheme or any mobile recording device operated for the purposes of this Act is a device capable of producing accurate information or material without the necessity of proving that that device was in good working order,

(b) the information produced by the device, and any copies thereof, is accurate, and

(c) the device was operated in accordance with the relevant code of practice approved undersection 14Cin respect of its operation.

(7) A person who—

(a) falsifies, conceals, destroys or otherwise disposes of, information gathered by a recording device while it was or is being operated under this Act,

(b) permits the falsification, concealment, destruction or disposal, of such information, or

shall be guilty of an offence.

(8) A person shall not be guilty of an offence undersubsection (7)where he or she—

(a) destroys or disposes, or

(b) permits the destruction or disposal, of information gathered by a recording device in accordance with a code of practice approved undersection 14Cor otherwise in accordance with law.]

15. Monitoring and inspection.

15.—(1)(a)Each local authority and the Agency shall carry out, or cause to be carried out, such monitoring of the nature, extent and effects of emissions to the environment arising from the holding, recovery or disposal of waste as it considers to be necessary for the performance of its functions under this Act.

F73[(b)(i) Establishments or undertakings which carry out waste treatment operations, establishments or undertakings which collect or transport waste on a professional basis, brokers and dealers, and establishments or undertakings which produce hazardous waste, shall be subject to appropriate periodic inspections by the local authorities, the Agency and Dublin City Council, as appropriate.

(ii) Inspections concerning collection and transport operations shall cover the origin, nature, quantity and destination of the waste collected and transported.

(iii) The authorities referred to insubparagraph (i)may take account of registrations obtained under the Community Eco-Management and Audit Scheme (in this Act referred to as "EMAS"), in particular regarding the frequency and intensity of inspections.]

F74[(1A) Each local authority and the Agency shall carry out, or cause to be carried out, such monitoring of compliance with environmental conditions attached to a waste licence undersection 41(2A)orsection 41(2B)as it considers to be necessary having regard to the nature, location and size of the activity and the significance of its effects on the environment.]

F73[(2)(a) The persons referred to insection 39(1), the producers of hazardous waste and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of the quantity, nature and origin of the waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste, and shall make that information available, on request, to the local authorities, the Agency or Dublin City Council, as appropriate.

(b) For hazardous waste, the records shall be preserved for at least 3 years (except in the case of establishments and undertakings transporting hazardous waste which shall keep such records for at least 12 months).

(c) Documentary evidence that the management operations have been carried out shall be supplied by the establishment or undertaking concerned at the request of the local authorities, the Agency or Dublin City Council, or of a previous holder, as appropriate.]

(3)(a)Where it appears necessary so to do for any purpose of this Act, a local authority or the Agency may require any person who holds or is in control of the recovery or disposal of any waste to carry out or arrange to have carried out such monitoring in relation to the activity concerned as the local authority or the Agency may specify and to keep and to supply to the local authority or the Agency such records of the said monitoring as the local authority or the Agency may specify.

(b)A person who fails to comply with a requirement under this subsection shall be guilty of an offence.

(4)Each local authority and the Agency shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring carried out under this section that are in its possession or control.

(5)Each local authority and the Agency shall carry out or take or cause to be carried out or taken such monitoring or other measures as it considers necessary to verify that any monitoring or records of such monitoring required by it under subsection (3) to be carried out or kept are being carried out or kept.

(6)Without prejudice to any other provisions of this Act, the Minister shall make regulations requiring the making of payments to the Agency or a local authority by any person holding, dealing in, or in control of the recovery or disposal of, waste for the purpose of defraying costs which may be incurred by the Agency or local authority in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities aforesaid of that person.

(7)A defrayment, the payment of which is required under regulations under this section, shall be payable on demand and, in default of being so paid, shall be recoverable from the person concerned by the Agency or local authority concerned as a simple contract debt in any court of competent jurisdiction.

16. Service of notices.

16.—(1)Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—

(a)by addressing it to the person by name and delivering it to him or her,

(b)by leaving it at the address at which the person ordinarily resides,

(c)by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides,

(d)if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, F75[that address,]

(e)where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or F75[near the premises, or]

F76[(f) by such other means as may be prescribed.]

(2)Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.

(3)For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4)A person shall not at any time during the period of 3 months after a notice is affixed under subsection (1) (e) remove, damage or deface the notice without lawful authority.

(5)A person who contravenes subsection (4) shall be guilty of an offence.

17. Time for the doing of certain things: Saturdays, Sundays, public holidays, etc.

17.—(1)Where a provision of this Act, or of any regulation made under this Act, or of any notice served under this Act, enables representations or objections to be made, or requires documents, particulars or other information to be furnished, before the expiration of a specified period and the last day of the period is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973) or any other day on which the principal office of the local authority concerned or the Agency (as the case may be) is closed, the representations, objections, documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the local authority or the Agency on the next following day on which the principal office of the local authority or the Agency is open.

(2)In this section “representations or objections” includes submissions and observations.

18. Information.

18.—(1)The Minister, a local authority or the Agency may, for any purpose relating to his or her or its functions under this Act, by the service of a notice in writing on the person, require—

(a)any holder of waste, or

(b)any person, engaged in the importation, exportation, production, collection, recovery or disposal of waste, or any related or ancillary activity, or

(c)any person acting as a waste broker or dealer, or

(d)the occupier or person in charge of any waste facility,

to maintain such records and to furnish in writing to the Minister, local authority or Agency, as the case may be, within such period (being not less than 14 days after the date of the service of the notice) and, if appropriate, thereafter at such frequency as may be specified in the notice, such particulars, as to—

(i)any activity or process as aforesaid or any facility concerned,

(ii)provision proposed to be made or made or measures taken for the importation, exportation, collection, recovery or disposal of any waste concerned,

(iii)the origin, type, quantity, nature, composition and properties of waste concerned, or

(iv)any other related or ancillary matter,

as may be so specified.

(2)A person who fails to comply with a notice under this section or who furnishes any information in reply to such a notice which he or she knows to be false or misleading in a material respect shall be guilty of an offence.

(3)The Minister shall make regulations requiring—

(a)a specified class or classes of person carrying on a specified class or classes of waste recovery or disposal activity, or

(b)a specified class or classes of holder or producer of a specified class or classes of waste,

to maintain specified records for a specified period or periods, and to provide or make available specified information, including evidence of specified matters, to a local authority, the Agency or any other specified person, at such frequency, under such circumstances and in such manner as may be specified.

(4)Information obtained under this section by a local authority, or any summary or compilation of, or any report based on, such information may, and shall if the Minister or the Agency so requests, be furnished to the Minister or the Agency, as the case may be.

(5)Each local authority and the Agency shall compile or otherwise obtain, and furnish to the Minister, such statistics or other information relating to any aspect of waste production and management, at such frequency, as may be specified in writing by the Minister.

(6)Where the Agency or a local authority brings proceedings against a person in respect of an offence under this Act, and the person is convicted of that offence, the Agency or the local authority, as the case may be, shall, as soon as may be after the conviction of the person, inform each local authority or, as the case may be, each other local authority and the Agency of the fact that the person has been so convicted, giving such details, as it thinks appropriate, of the nature of the offence.

(7)Where the Agency grants, effects the transfer or accepts the surrender of a waste licence, it shall (unless the holder of the licence or the transferee thereof is a local authority) within a period of 21 days thereafter inform the local authority in whose functional area the activity, the subject matter of the licence concerned, will be, or (as the case may be) is or has been, carried on, of that fact.

(8)A person who contravenes a provision of regulations under subsection (3) shall be guilty of an offence.

19. Register to be maintained by each local authority and the Agency.

19.—(1)Each local authority and the Agency shall as soon as may be after the commencement of this section establish and maintain a register for the purposes of this Act, and shall make therein all such entries and additions as may, from time to time, be prescribed.

(2)A register under this section shall be kept at the principal office of the local authority concerned or the Agency, as the case may be, and shall be made available for inspection by any person during office hours.

(3)Where a request is made to a local authority or the Agency for a copy of an entry in the register maintained by it under this section, the authority or the Agency, as the case may be, shall issue such a copy to the applicant on, if it so requires, the payment by the applicant to it of a fee of such an amount (not exceeding the reasonable cost of making the copy) as it may determine.

(4)Every document purporting to be a copy of an entry in a register maintained by a local authority or the Agency under this section and purporting to be certified by an officer of the local authority or the Agency to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(5)Evidence of an entry in a register under this section may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

(6)A local authority shall notify, in such manner and at such times as may be prescribed, the Agency of such particulars entered in a register maintained by it under this section as may be prescribed.

(7)(a)A local authority or the Agency may keep a register under this section otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction of any entry in the register.

(b)References in the preceding provisions of this section to a copy of an entry in a register under this section shall be construed as including references to such a legible copy or reproduction.

20. Expenses.

20.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

21. Transfer of functions from local authorities to Agency, etc.

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