Waste Management Act , 1996

(vii) where a weighing system is used to determine weight-based collection charges, submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste collection permit.

(e) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer or by the current or previous waste holders, shall make regulations prescribing a requirement for attachment of a condition to a waste collection permit that a permit holder shall charge fees for the collection or transport ofF138[household waste or commercial waste].

(f) Regulations underparagraph (e)shall provide for the means by which fees for collection orF138[transport of household waste or commercial waste, as the case may be,]shall be calculated by a permit holder and shall require a permit holder to—

(i) charge a fee for each kilogramme ofF138[household waste or commercial waste, as the case may be, collected or transported, or both,]which fee shall only be calculated by reference to weight ofF138[household waste or commercial waste, as the case may be, collected and transported], and for the avoidance of doubt, methods of calculation of a fee based on pay by lift or throw, tags or a flat-rate shall not be considered to be calculated by reference to weight of waste collected,

(ii) charge a service fee, as considered appropriate by the permit holder (including a nil fee), in addition to the fee referred to insubparagraph (i),

(iii) demonstrate by prescribed means if the fees charged for collection or transport ofF138[household waste or commercial waste, as the case may be, incentivise waste prevention and segregation], and

(iv) furnish to an authorised person, information in a prescribed form, regarding the billing system used by the permit holder in respect of fees referred to undersubparagraph (i)or(ii).

(g) (i) For the purposes ofparagraph (f)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme ofF138[household waste or commercial waste, as the case may be,]collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregatedF138[household waste or commercial waste, as the case may be,]including its collection from the person who presented that waste for collection, its delivery to an authorised facility by a permit holder and its final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme ofF138[household waste or commercial waste, as the case may be].

(ii) The Minister shall review the costs of managingF138[household waste and commercial waste,]on which the minimum charges prescribed undersubparagraph (i)are based, at least every 12 months and may amend the amount of the fee prescribed undersubparagraph (i).

(iii) The Minister following a review undersubparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes undersubparagraph (i), may substitute for the amount of the fee prescribed undersubparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.]

(8)(a)A local authority, before making a decision in relation to an application made to it for the grant of a waste collection permit, shall consider any submissions made to it under and in accordance with regulations under subsection (11) in relation to the application.

(b)A local authority shall, if it decides—

(i)to grant F140[…] a waste collection permit, or

(ii)to refuse to grant F140[…] such a permit,

forthwith notify the applicant therefor F140[…] of the decision and the reasons for the decision.

(9)(a)An applicant for F141[…] a waste collection permit may, within F142[28 days] of the date of a notice under subsection (8), appeal against the decision of the local authority concerned to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.

(b)On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority concerned as he or she thinks proper in relation to the grant F141[…] of a waste collection permit F141[…].

(10)A contravention of any provision of section 32 or 39, or of any condition of a waste collection permit, by any person employed by or on behalf of, or otherwise carrying out any waste collection activity for, or on behalf of, the holder of the permit, shall be deemed to also be a contravention of the provision or condition, as the case may be, by that holder.

F143[(10A) A person who, under this section furnishes information to a local authority which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.]

(11)(a)The Minister may make regulations for the purpose of this section.

(b)Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters—

(i)the form in which an application for the grant of a waste collection permit (“a permit”) shall be made and the form of a permit;

F144[(ia) prescribing a class or classes of waste or household waste for purposes of a waste collection permit or conditions that may or shall be attached to that permit, including by reference to the nature or quantity of the waste, its presentation for collection or whether it is to be segregated;]

(ii)information and particulars to be submitted by an applicant for the grant of a permit, and verification of such information and particulars;

(iii)specifying the period within which an application for the grant of a permit shall be dealt with by a local authority;

(iv)matters in respect of which a local authority must be satisfied prior to the granting of a permit;

F145[(v) requiring a local authority to attach specified conditions to a permit, including a condition referred to insubsection (7)(b)or(c);]

(vi)specifying conditions that a local authority may attach to a permit;

F146[(via) for the purposes ofsubsection (7), prescribing any matter referred to in that subsection as prescribed or to be prescribed;]

(vii)F147[…]

(viii)the making available for inspection by members of the public of an application for the grant of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;

(ix)the publication by a local authority of decisions made by it in relation to permits;

(x)requiring an applicant for the grant of a permit to defray, or contribute towards, any costs incurred by the local authority concerned in carrying out an investigation in relation to the F148[application;]

F149[(xi) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of this section and the regulations.]

(12)The collection of waste shall, in the period before a waste collection permit in relation to such collection is granted or refused, be deemed not to have contravened the provisions of this section if, before the date prescribed under subsection (1) (a), an application has been made for a waste collection permit in respect of such collection and the requirements of regulations under subsection (11) in relation to the application have been complied with by the applicant therefor.

F150[(13) (a) The reference insubsection (1)(a)to a local authority, where it first occurs, shall be construed as including a reference to the corporation of a borough of any kind and the council of an urban district.

(b) Each other reference in this section (other thansubsections (1)(aa)and(4)) to a local authority shall be construed as including a reference to a body standing prescribed for the purposes ofsubsection (1)(a)(iii).

F151[(c) If a body stands prescribed for the purposes aforesaid, then this section shall have effect, in so far as it relates to such a body, as if the following subsection was substituted forsubsection (4):

“(4) A body standing prescribed for the purposes ofsubsection (1)(a)(iii)shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan as the case may be.”.]]

34A. F155[Review of waste collection permit

34A.—(1) A local authority may review a waste collection permit, or a waste collection permit amended under this section—

(a) at any time after the permit was granted or amended, or

(b) on an application in that behalf being made by the holder of the permit (“permit holder”).

(2) A local authority shall review a waste collection permit or a waste collection permit amended under this section where—

(a) the permit holder has been convicted of an offence prescribed undersection 34(5),

(b) the local authority believes that the permit holder is contravening or has contravened a condition of a waste collection permit attached to that permit undersection 34(7)(b)(other than a condition attached undersubparagraph (v)of thatsection 34(7)(b)), or

(c) the local authority believes that the permit holder, during a 5 year period beginning on the date of the first such contravention, is contravening or has contravened three different conditions attached, undersubparagraph (v)ofparagraph (b)orparagraph (c)or(d)ofsection 34(7), to a waste collection permit granted to that permit holder.

(3) For the purposes of a review under this section, a local authority, by notice in writing, may request information or further information from the permit holder, the local authority concerned, the Agency, or any other person who the local authority wishes to consult, and the permit holder, local authority concerned, Agency or other person shall furnish that information or further information within the period stated in the notice.

(4) A local authority having reviewed a waste collection permit undersubsection (1)(a)or considered an application undersubsection (1)(b)and any information or further information furnished undersubsection (3), and determined whether it is satisfied regarding the same matters in relation to which the authority is required to be satisfied for the purposes of a grant of an application undersection 34, shall make a decision in relation to the review.

(5) The decision of the local authority referred to insubsection (4)may be to—

(a) amend a permit, including amending conditions attached to the permit or removing the authorisation under the permit to collect certain classes of waste, including removing the authorisation relating to a vehicle which, the authority is satisfied, is the cause of a contravention of a condition attached to a waste collection permit undersubparagraph (i),(ii)or(iii)ofsection 34(7)(b),

(b) direct measures to be taken by the permit holder within a period specified in the notice undersubsection (7), including to direct the permit holder to submit an application for a waste collection permit undersection 34,

(c) terminate the review without amending the waste collection permit, or

(d) revoke the waste collection permit where the local authority decides that the permit holder—

(i) is not a fit and proper person within the meaning ofsection 34D,

(ii) has failed or neglected to take the measures required underparagraph (b), or

(iii) offered to surrender the permit and such offer is acceptable to the local authority.

(6) For the purposes ofsubsection (5)(a), section 34 applies, with any necessary modifications, to the attaching of a condition that may be or, as the case may be, is required to be attached to a permit following a decision of a local authority under that subsection as it applies to the attaching to a permit granted under section 34 of those conditions.

(7) The local authority, as soon as possible after its decision undersubsection (4), and in any event not later than 14 days after that decision, shall give notice in writing to the permit holder or, as the case may be, person whose waste collection permit has been revoked, of the decision, the reasons therefor, that the decision may be appealed and that the decision shall be suspended, until the decision becomes final undersubsection (8), or the disposal of an appeal undersubsection (9).

(8) (a) If, on the expiration of the period of 28 days beginning on the date of the notice undersubsection (7), no appeal undersubsection (9)is made, the decision of the local authority undersubsection (4)shall be final.

(b) If, following an appeal undersubsection (9), the District Court gives directions to the local authority undersubsection (9)(b), the decision of the local authority undersubsection (4)is suspended until the local authority complies with the direction.

(9) (a) A permit holder or, as the case may be, person whose waste collection permit has been revoked, within 28 days of the date of a notice undersubsection (7), may appeal against the decision of the local authority to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.

(b) On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority as he or she thinks proper in relation to the revocation of a waste collection permit or the amendment of conditions attached to such a permit.

(10) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management responsible for prosecuting an offence prescribed undersection 34(5)shall, if applicable, inform a local authority as soon as practicable if a permit holder is convicted of the offence.

(11) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management shall inform a local authority where it appears to the local authority concerned, the Agency or body that a condition of a waste collection permit underparagraph (b),(c)or(d)ofsection 34(7)is being or has been contravened.

(12) The Minister may make regulations for the purposes of this section providing for any of the following matters:

(a) procedures to be followed by a local authority with regard to the initiating and conducting of reviews;

(b) specific circumstances whereby a waste collection permit holder may apply to have their permit reviewed;

(c) matters in relation to which the authority shall be satisfied before accepting the surrender of a permit;

(d) the time within which reviews shall be carried out;

(e) procedures to be followed in relation to the furnishing of information undersubsection (3);

(f) information to be furnished by a permit holder relating to compliance with a waste collection permit or measures directed undersubsection (5)(b);

(g) procedures to be followed in relation to the furnishing of information undersubsection (10)or(11);

(h) amendment of any entry in the register maintained by a local authority undersection 19concerning a waste collection permit that may be required following a review under this section;

(i) such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purposes of this section.

(13) A person who, under this section furnishes information to a local authority or to a local authority concerned which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.

(14) In this section reference to“local authority concerned”means a local authority (first-mentioned local authority) who has nominated another local authority undersection 34(1)(aa)to perform functions undersection 34and this section in relation to waste collection permits or review of waste collection permits in respect of the functional area of the first-mentioned local authority.]

34B. F156[Transfer of a waste collection permit

34B.—(1) In this section andsections 34Cand34D“nominated authority”means a local authority nominated undersection 34(1)(aa)(ii).

(2) A waste collection permit may be transferred to another person in accordance with this section.

(3) Where the authorised waste collector intends that the waste collection permit be transferred to another person (in this section referred to as“the proposed transferee”), the authorised waste collector and the proposed transferee shall jointly make an application to the nominated authority requesting that such a transfer be effected by the authority.

(4) An application undersubsection (3)shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed undersection 50and the waste collection permit concerned.

(5) The nominated authority may require the provision of such further information by the authorised waste collector or the proposed transferee as it considers appropriate for the purposes of considering an application made undersubsection (3).

(6) If, on consideration of an application undersubsection (3), and any relevant information provided in respect thereof, the nominated authority is satisfied that the proposed transferee would, if he or she were an applicant for the waste collection permit, be regarded by it as a fit and proper person within the meaning ofsection 34Dto be granted, undersection 34, a like waste collection permit to the waste collection permit concerned, it shall effect a transfer of the waste collection permit to the proposed transferee in such manner as may be prescribed.

(7) A person to whom a waste collection permit is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the waste collection permit, including all conditions attached to the permit, regardless of how and in respect of what period, including a period before the transfer of the waste collection permit, they may arise.

(8) The Minister may make regulations in relation to all or any of the following matters:

(a) the form in which an application for the transfer of a permit shall be made;

(b) information and particulars to be submitted with an application for the transfer of a permit and verification of such information and particulars;

(c) specifying the period in which an application for a transfer of a permit shall be dealt with by a nominated authority;

(d) the making available for inspection by members of the public of an application for the transfer of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;

(e) the manner of transfer of a waste collection permit;

(f) the publication by the nominated authority of decisions made by it in relation to the transfer of permits;

(g) requiring the proposed transferee to defray, or contribute towards, any costs incurred by the nominated authority concerned in carrying out an investigation in relation to the application.]

34C. F157[Information required by authorised persons or nominated authority

34C.—(1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to inF158[subsection (7)or(9), or both,]request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to insubsection (3), as is specified in the notice (in this section referred to as the "specified information").

(2) Where an authorised person or a nominated authority makes a request undersubsection (1), the relevant person to whom the notice is given shall provide the specified information within the period of 14 days beginning on the date of the notice.

(3) A local authority or, as the case may be, a nominated authority, may specify all or any of the following information in a notice undersubsection (1):

(a) details in the possession or control of the relevant person of the address (including the postcode (if any)F159[…]) of every person who hasF158[household waste or commercial waste]collected by an authorised waste collector or who depositsF158[household waste or commercial waste]at a facility;

(b) in relation to each such person referred to inparagraph (a)who hasF158[household waste or commercial waste]so collected or who depositsF158[household waste or commercial waste]at a facility:

(i) the name of every person availing of aF158[household waste or commercial waste]collection service;

(ii) any unique identification number which the authorised collector has assigned to a person availing of aF158[household waste or commercial waste]collection service;

(iii) details of the separate collection or deposition of separate collection ofF158[household waste or commercial waste];

(iv) details of whenF158[household waste or commercial waste]or classes ofF158[household waste or commercial waste]were last collected or deposited;

(v) details of the structure of the fees charged to the person from whom theF158[household waste or commercial waste]is collected or depositing the waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection from or deposition by that person ofF158[household waste or commercial waste].

(4) The specified information to be provided by a relevant person pursuant to a notice undersubsection (1)shall be provided in such form and manner as may be specified by the local authority or, as the case may be, the nominated authority in the notice.

(5) Where a relevant person fails to provide the information requested in a notice given undersubsection (1)by a local authority—

(a) in the form and manner requested, or

(b) within the time limit referred to insubsection (2),

the local authority shall notify the nominated authority as soon as is reasonably practicable, in such form as is specified by the nominated authority, of the breach of a waste collection permit condition undersection 34(7)(b)(ix)or of a condition of a licence undersection 41(3)(d)(va).

(6) In this section "relevant person" means—

(a) an authorised waste collector, or

(b) the holder (other than a local authority) of a waste licence or such other authorisation or certificate which acceptsF158[household waste or commercial waste]directly from a person.

(7) Each local authority or, as the case may be, a nominated authority shall maintain a register of persons availing of aF158[household waste or commercial waste]collection service for the purpose of establishing compliance by original producers and other waste holders withsection 32(1A)and any regulations or bye-laws made under this Act relating toF158[household waste or commercial waste].

(8) The register maintained undersubsection (7)shall include—

(a) such information referred to insections 34(7)(b)(ix),39(5B)(ee)and41(3)(d)(va)received by a local authority or, as the case may be, nominated authority, and

(b) such information received by a local authority or, as the case may be, nominated authority pursuant to a notice undersubsection (1),

as relates to waste services provided by or on behalf of a local authority for the collection ofF158[household waste or commercial waste].]

F160[(9) A local authority may establish and maintain a register of postcodes in respect of addresses in its functional area from which household waste or commercial waste is not—

(a) collected by an authorised waste collector,

(b) deposited at a waste facility, or

(c) otherwise disposed of or treated in accordance with this Act,

for the purposes of establishing compliance by original producers and other waste holders withsection 32(1A)and any regulations or bye-laws made under this Act in relation to household waste or commercial waste.]

F160[(10) A local authority may, in performing its functions under this Act, use—

(a) the information specified insubsection (3) (a)that is provided to the local authority undersubsection (2), and

(b) such data as is contained in a postcode database referred to in subparagraph (i) of paragraph (g) of section 65A(2) of the Act of 2011 that is provided to it pursuant to a licence referred to in the said paragraph (g),

for the purposes of establishing and maintaining a register undersubsection (9).]

F160[(11) Where a local authority proposes to establish and maintain a register undersubsection (9)in respect of its functional area, the chief executive of the local authority concerned shall satisfy himself or herself that the establishment and maintenance of the register is proportionate to, and necessary for, the purposes for which the register is to be so established and maintained.]

F160[(12) The chief executive of a local authority in respect of whose functional area a register is established and maintained undersubsection (9)—

(a) may, at any time, and

(b) shall, not later than 5 years from the establishment of the register and thereafter at intervals of not more than 5 years from the date on which the chief executive was informed of the outcome of the immediately preceding review in accordance withsubsection (13)(b),

cause a review of the register to be carried out by an authorised person.]

F160[(13) An authorised person carrying out a review pursuant tosubsection (12)shall—

(a) consider—

(i) whether the register has been established and maintained, and the information contained therein used, in accordance with the guidance issued, revised or re-issued by the Minister undersubsection (16),

(ii) the extent to which the maintenance of, and use of the information contained in, the register 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 for which the register has been established, and

(iii) such other matters that he or she considers appropriate having regard to the purposes for which the register has been established and is maintained,

and

(b) shall inform the chief executive, in writing, of the outcome of that review.]

F160[(14) Without prejudice tosubsection (15), following a review carried out pursuant tosubsection (12), the chief executive of the local authority shall decide whether the register is to continue to be maintained and where the chief executive decides that the register is to continue to be maintained,subsections (12)and(13)shall, with any necessary modifications, apply in respect of the register as so continued.]

F160[(15) The chief executive may at any time decide that a register established undersubsection (9)is no longer to be maintained and, subject to Part 5 of the Data Protection Act 2018, where the chief executive so decides, the local authority shall cease to maintain the register.]

F160[(16) The Minister shall issue guidance for the purpose of assisting local authorities in the establishment and maintenance of a register referred to insubsection (9)and the appropriate use of the information contained in such a register and may from time to time revise or re-issue that guidance.]

F160[(17) A local authority shall have regard to any guidance issued, revised or re-issued undersubsection (16).]

F160[(18) (a) In establishing a register referred to insubsection (9), a local authority shall consult with its data protection officer and shall ensure that a data protection impact assessment within the meaning of section 84 of the Data Protection Act 2018 is carried out in accordance with that section.

(b) A local authority shall ensure that any such register is maintained, and the information contained therein is used, in compliance with Part 5 of the Data Protection Act 2018.]

F160[(19) In this section—

"Act of 2011" means the Communications Regulation (Postal Services) Act 2011;

"chief executive" has the same meaning as it has in section 2 of the Local Government Act 2001;

"data protection officer" has the meaning given to it by section 88 (1) of the Data Protection Act 2018;

"postcode" has the meaning given to it by section 66 of the Act of 2011;

"postcode database" has the meaning given to it by section 65A(1) of the Act of 2011.]

34D. F161[Fit and proper person

34D.—(1) For the purposes ofsections 34,34Aand34Ba person is a fit and proper person if—

(a) neither that person nor any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate, has been convicted—

(i) summarily of an offence under—

(I)subsection (6)ofsection 32consisting of a contravention ofsubsection (1)of that section, or

(II)section 55(8),

or

(ii) on indictment of an offence under this Act, the Environmental Protection Agency Acts 1992 to 2011, the Local Government (Water Pollution) Acts 1977 to 2007, or the Air Pollution Acts 1987 and 2011,

(b) in the reasonable opinion of the nominated authority, that person or, as appropriate, any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate has the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act,

(c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity,

(d) that person has not had a waste collection permit revoked undersection 34A, other than where the permit was surrendered, and

(e) that person has not had an order made against him or her undersection 57or58.

(2) The Minister may make regulations providing for requirements in relation to the requisite technical knowledge or qualifications to carry on the activity to which the waste collection permit relates in accordance with the permit and any other requirements of this Act.]

35. Presentation of waste for collection.

35.—(1)Whenever a local authority considers that, for the purpose of the proper management of waste or the prevention or control of environmental pollution, it is necessary so to do, it may, subject to subsection (5), make bye-laws—

(a)requiring a holder of household waste to present such waste for collection by a person collecting waste in accordance with this Part,

(b)requiring a holder of household or commercial waste who presents such waste for collection as aforesaid (whether pursuant to a requirement of bye-laws under paragraph (a) or not) to so present the waste in a manner specified in the bye-laws.

(2)A bye-law under subsection (1) shall be made in accordance with, and construed as if it was made under, Part VII of the Local Government Act, 1994.

(3)Bye-laws under subsection (1) may, without prejudice to the generality of that subsection or of section 37 (4) of the Local Government Act, 1994, include provisions specifying—

(a)that waste shall only be placed for collection in receptacles of a particular kind and that different waste shall be placed in different receptacles,

(b)the quantity of waste which may or may not be placed in any receptacle,

(c)the waste, or the mixtures of waste, which may or may not be placed in a receptacle,

(d)the measures or precautions to be taken where particular waste, or mixtures thereof, is or are placed in a receptacle,

(e)the size, colour, construction or maintenance of receptacles,

(f)the location at which the waste is to be made available for collection,

(g)times during which the waste is to be made available for collection,

F162[(gg) that waste placed for collection shall bear evidence, in such a manner or form as is provided in the bye-laws, of the payment of any charge that has been made under section 75 in respect of the collection of the waste,]

(h)any matters consequential on, or incidental to, the foregoing.

(4)A local authority may provide or, where appropriate, may, in accordance with section 34, require the holder of a waste collection permit granted by the authority to provide, receptacles in which household or commercial waste (either generally or of a specified nature or type) presented for collection shall be placed for such collection, and the local authority or the said holder, as the case may be, may require such reasonable payment, as it or he or she may determine, in respect of the provision of receptacles from the persons to whom they are provided.

(5)(a)The Minister may, if he or she considers it expedient so to do for the purpose of the prevention or control of environmental pollution, give a direction to a local authority requiring it to take specified steps (including the making of bye-laws under Part VII of the Local Government Act, 1994) to ensure that specified substances, products, materials or classes of waste arising in household or commercial waste are segregated for the purpose of and in the course of collection, and recovered or disposed of in a specified manner.

(b)A local authority concerned shall comply with any direction of the Minister given under this subsection within such period as may be specified in the direction.

36. Regulations in relation to movement of waste.

36.—(1)For the purpose of preventing environmental pollution therefrom, the Minister may by regulations provide for the supervision and control of the movement of waste within, into or out of the State.

(2)Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters:

(a)the prohibition, prevention, limitation or control of the movement of waste and, in particular—

(i)requiring that any movement of waste or waste of a specified class or classes be authorised by the Agency or a local authority,

(ii)enabling conditions of a kind specified in the regulations to be attached by the Agency or a local authority, as the case may be, to any such authorisation;

(b)notifications, including documentation, to be given before and after the movement of waste, the form and content of such notifications, the persons required to give such notifications and the persons to whom such notifications are to be given;

(c)information, including documentation, to accompany any movement of waste, the form and content of such information and the persons required to prepare, hold or submit such information;

(d)enabling the inspection of consignments of waste and documentation relating thereto by persons authorised in that behalf by the Agency or a local authority;

(e)requirements as to the segregation, handling, packaging and labelling of waste and the containers in which waste may be moved;

(f)a requirement that shipments of waste may enter or leave the State at a specified place or places only within the State;

(g)requiring a person who undertakes the movement of waste to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the movement of the waste;

(h)requiring an agreement or agreements to be entered into with one or more appropriate persons by a person exporting or importing waste whereby the first-mentioned person or persons agrees or agree to recover or dispose of the waste;

(i)the seizure, taking in charge, recovery or disposal of a consignment of waste or a part thereof by the Agency or a local authority or a person authorised by the Agency or a local authority in that behalf where any provision of regulations under this section or of any specified enactment has not been complied with as respects the consignment or a part thereof, as the case may be;

(j)the keeping of records by specified persons of the source of, and particulars concerning the movement, delivery and receipt of, waste and, as the case may be, the recovery or disposal thereof, and the persons to whom such records shall be made available;

(k)the prevention and control of litter and nuisance from odours that may arise from the movement of waste and generally with respect to the handling of waste whilst it is being moved;

(l)the imposition by the Agency or a local authority on a person undertaking the movement of waste of such charges as are necessary to defray any costs reasonably incurred by the Agency or the local authority in performing any function under regulations under this section with respect to the waste;

(m)requiring a person to give such security to the Agency or a local authority for the payment of any charges he or she may be liable to pay to the Agency or the local authority (as the case may be) pursuant to regulations under paragraph (l) as the Agency or the local authority may request;

(n)requiring a person who undertakes the movement of waste to give security of a specified nature to the Agency, a local authority or any other specified person in respect of costs which may be incurred by the Agency, local authority or other person aforesaid in taking steps in relation to the waste in the event of a contravention by the first-mentioned person of any provision of regulations under this section as respects that waste;

(o)requiring a person who undertakes the movement of waste or who is the consignee of waste imported into the State or moved within the State to return, where the Agency or a local authority directs him or her to do so, the waste to its place of origin or to such other place as may be specified in the direction and to take such measures as may be so specified in relation to the waste, including the recovery or disposal of the waste in such manner or at such facility as may be so specified;

(p)specifying the circumstances in which the Agency or a local authority may give a direction to a person pursuant to regulations under paragraph (o);

(q)any matters consequential on, or incidental to, the foregoing.

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

PART V Recovery and Disposal of Waste

37. Interpretation (Part V).

37.—In this Part, unless the context otherwise requires—

“civic waste facility” shall be construed in accordance with section 38 (2);

“waste licence” includes a revised waste licence under section 46 (2).

37A. F163[Principles of self-sufficiency and proximity.

37A.—(1)(a) In carrying out their respective functions under this Act and related waste prevention and management legislation and policy, the Minister (in cooperation with other Member States where this is necessary or advisable), the Agency, An Bord Pleanála and the local authorities shall take appropriate measures to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques.

(b)(i) By way of derogation from the TFS Regulation, Dublin City Council may, following consultation with the Agency and any local authority concerned, in carrying out their respective functions under this Act in order to protect the national network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with waste management plans.

(ii) Dublin City Council shall notify the Commission of any such decision.

(iii) Dublin City Council may also limit outgoing shipments of waste on environmental grounds as set out in the TFS Regulation.

(2) The network shall be designed to enable the Community as a whole to become self-sufficient in waste disposal as well as in the recovery of waste referred to insubsection (1), and to enable the State to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste.

(3) The network shall enable waste to be disposed of or waste referred to insubsection (1)to be recovered in one of the nearest appropriate installations, by means of the most appropriate methods and technologies, in order to ensure a high level of protection for the environment and public health.

(4) The principles of proximity and self-sufficiency shall not mean that the State has to possess the full range of final recovery facilities within the State.]

38. Waste management facilities.

38.—(1)A local authority shall provide and operate, or arrange for the provision and operation of, such facilities as may be necessary for the recovery and disposal of household waste arising within its functional area.

(2)A local authority may provide and operate, or may arrange for or facilitate the provision and operation of—

(a)civic waste facilities, that is to say, facilities at which waste may be deposited by members of the public, and

(b)other facilities for—

(i)the segregation, mixing, baling, storage or treatment of waste prior to its recovery or disposal,

(ii)the recovery of waste, or

(iii)the disposal of waste (other than household waste).

(3)Without prejudice to the provisions of subsection (2), a local authority, having made an examination of the matter, shall provide, or arrange for the provision of, such facility or facilities as appears or appear to it to be necessary and reasonable at which vehicles may be discarded.

(4)For the purpose of subsections (1), (2) and (3), a local authority may enter into an agreement or otherwise make arrangements with any other local authority or other person for the recovery or disposal of waste by such authority or person on its behalf, or the joint provision or operation by it and that other authority or person, of any relevant facility.

F164[(5)Neither the provisions of this section nor the repeal of any enactment mentioned in Part I of the Fifth Schedule shall prejudice—

(a) the continued operation of waste disposal facilities by the corporation of a borough (other than a county borough) or the council of an urban district, or

(b) the use of such facilities by such a corporation or council at a more intensive level than the level of the use that was being made of them on the commencement of this section (whether the more intensive use is constituted by an increased input of waste into the facilities or the use of a larger proportion of the facilities than was being used on the commencement of this section or otherwise),

if—

(i) in a case falling solely within paragraph (a), the said facilities were in operation upon the commencement of this section, and

(ii) in a case falling within paragraphs (a) and (b), subparagraph (i) is complied with and the use of the facilities at that more intensive level is provided for in the waste management plan in force in relation to the borough or urban district concerned.]

F165[(5A)(a) It shall be the duty of waste producers and holders to ensure that, where recovery in accordance withsection 29(2A)(a)is not undertaken, waste undergoes safe disposal operations which meet the requirements ofsection 32(1)on the protection of human health and the environment.

(b) A person who contravenesparagraph (a)shall be guilty of an offence.

(c) The Agency and the local authorities shall, in carrying out their functions under this Act, take the necessary measures to ensure that waste undergoes recovery operations in accordance with this section.]

(6)The Minister may take such measures as seem to him or her to be appropriate to promote and support the establishment of such facilities for the good management, including the recovery or disposal, of waste as he or she may consider to be necessary or desirable, and without prejudice to the generality of the foregoing, may for the purpose of this subsection provide, with the consent of the Minister for Finance, grants or other forms of financial assistance in respect of the establishment of such facilities.

(7)(a)Where it appears to a local authority or the Agency that it is necessary so to do for the purpose of the effective and orderly disposal of waste, a local authority or the Agency may, in such circumstances and subject to such conditions as may be prescribed, require a holder or producer of any class or classes of waste, other than household waste, to dispose, or arrange for the disposal, of that waste, in such manner, under such conditions and at such appropriate waste disposal facility as may be specified by it.

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

(8)The Agency shall classify facilities that exist in the State for the disposal of waste in such manner and having regard to such criteria as may be prescribed.

(9)For the purpose of subsection (2), other than paragraph (b) (iii), and subsection (3), “local authority” includes, as appropriate, the corporation of a borough of any kind and the council of an urban district.

(10)Section 3 (c) of the Derelict Sites Act, 1990, is hereby amended by the addition of “or under” after “conferred by”.

(11)(a)A person shall not deposit or discard waste at a facility provided by a local authority under this section otherwise than in accordance with any conditions for the time being standing specified by the local authority as respects the nature, type and quantity of waste that may be so deposited or discarded or the use otherwise of such a facility.

(b)A local authority shall take such steps as are reasonable to bring to the notice of members of the public any conditions for the time being standing specified by it for the purposes of paragraph (a).

(c)A person who contravenes paragraph (a) shall be guilty of an offence.

(d)Subject to paragraph (e), waste deposited or discarded at a facility provided by a local authority under this section shall become the property of the authority.

(e)Without prejudice to paragraph (c), where a person deposits or discards waste in contravention of paragraph (a)—

(i)the waste shall not become the property of the local authority concerned unless it decides to assume ownership of the waste,

(ii)any expenses incurred by the local authority concerned in recovering or disposing, or arranging for the recovery or disposal, of the waste shall be recoverable by it from the person as a simple contract debt in any court of competent jurisdiction.

39. Requirement to hold waste licence.

39.—(1)Subject to subsections (4) and (7), a person shall not dispose of or undertake the recovery of waste F166[(including the treatment of waste)] at a facility, on or after such date as may be prescribed, save under and in accordance with a licence under this Part (in this Act referred to as a “waste licence”) that is in force in relation to the carrying on of the activity concerned at that facility.

(2)For the purpose of subsection (1), different dates may be prescribed in respect of different waste disposal or recovery activities, different classes of facility and different classes of waste.

(3)The recovery or disposal of waste shall, in the period before a waste licence in relation to such recovery or disposal is granted or refused, be deemed not to have contravened the provisions of this Part if, before the date prescribed under subsection (1) in respect of the activity concerned—

(a)an application has been made for a waste licence in respect of that activity and the requirements of regulations under sections 45 and 50 in relation to the application for a waste licence have been complied with by the applicant therefor, and

(b)in the case of a disposal of waste, other than one carried out by a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, it is carried out in accordance with a permit issued under the European Communities (Waste) Regulations, 1979, F167[…] the European Communities (Toxic and Dangerous Waste) Regulations, 1982, F168[or the European Communities (Waste Oils) Regulations, 1992,] as appropriate.

F169[(4) The Minister may by regulations provide thatsubsection (1)shall not apply in respect of the recovery or disposal in a specified manner of a specified class or classes of wasteF170[including a class or classes of household waste], if and for so long as the person carrying out the recovery or disposal of the waste, as the case may be, complies with specified conditions in relation to the carrying out of such recovery or disposal.

(5) Without prejudice to the generality ofsubsection (4), regulations under that subsection may specify conditions in relation to the following matters—

(a) the quantity of waste concerned which may be recovered or disposed of in a particular period,

F171[(aa) the nature or quantity of the waste, who delivers it for disposal or recovery or whether it is segregated,

(ab) a specified class or classes of facility where waste shall be delivered for disposal or recovery,

(ac) a specified class or classes of activity that shall be carried out at a place where waste shall be delivered for disposal or recovery,]

(b) the use of the best available techniques to prevent or eliminate or, where that is not practicable, to limit, abate or reduce, an emission from the recovery or disposal activity concerned,

(c) a requirement that the person concerned obtain from a local authority or the Agency a waste permit or such other authorisation or certificate as may be prescribed in respect of the carrying on by him or her of the activity concerned,

(d) the specification of controls to be exercised or measures to be taken by a local authority or the Agency in relation to the carrying on of an activity in respect of which such a permit, authorisation or certificate is required (which controls and measures a local authority or the Agency is hereby empowered to exercise or take, as the case may be),

(e) a requirement regarding the payment to a local authority or the Agency of a fee of a specified amount in respect of an application for such a permit, authorisation or certificate, or of such charges as are necessary to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the local authority or the Agency in relation to such application,

(f) where a question arises as to whether or not a particular waste recovery or disposal activity falls within regulations undersubsection (4), enabling the Agency to determine that question and providing that that determination of the Agency shall be final,

(g) such other matters as the Minister considers are appropriate to ensure that the recovery or disposal activity concerned will not cause environmentalF172[pollution,]]

F173[(h) specifying conditions in relation to such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purpose of this subsection,subsection (5A), (5B)or(5C).]

F174[(5A) Without prejudice to the generality ofsubsection (4), regulations under that subsection providing for an exemption from waste licensing requirements, in relation to the disposal of non-hazardous waste at the place of production or in relation to the recovery of waste, through a process of certification shall ensure compliance with—

(a) general rules—

(i) ensuring that environmental pollution is not caused by the disposal or recovery activity,

(ii) specifying the types and quantities of waste covered by an exemption in relation to the carrying out of each type of such recovery or disposal activity,

(iii) specifying the method of treatment to be used,

(iv) ensuring that disposal operations should consider best available techniques,

and

(b) specific conditions for exemptions relating to hazardous waste specifying—

(i) the types of activity,

(ii) any other necessary requirements for carrying out the different forms of recovery,

(iii) where relevant, the limit values for the content of hazardous substances in the waste as well as emission limit values.]

F175[(5B) Without prejudice to the generality ofsubsection (4), regulations under that subsection may specify conditions to be attached to a waste permit or such other authorisation of certificate referred to insubsection (5)(c)specifying requirements in relation to—

(a) the weighing of household waste accepted by a facility,

(b) reporting, to specified persons, the weight of household waste accepted by a facility,

(c) subject tosubsection (5C), charging of fees for acceptance of household waste, and services for its recovery or treatment,

(d) in relation to the acceptance of household waste, preparing and publishing a customer charter and its form and content,

(e) providing separate receptacles for different household waste or classes of household waste,

(f) providing to a local authority or nominated authority undersection 34(1)(aa)(ii)—

(i) details of persons with regard to the deposition of separate collection of household waste,

(ii) details of persons who choose not to partake in the deposition of separate collection of household waste,

(iii) details of when household waste was last deposited, and

(iv) written confirmation of the structure of the fees being charged to persons depositing the household waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the deposition of household waste,

(g) as respects contamination that may be caused by the incorrect segregation of household waste in receptacles for segregated household waste:

(i) monitoring by a holder of levels of contamination;

(ii) recording and maintaining specified data on levels of contamination;

(iii) training to be provided for staff of a holder in relation to monitoring contamination;

(iv) protocols and procedures in the event that such contamination is detected by the holder, including informing the person who delivers the household waste to the facility being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their waste (“person who delivers household waste”) or refusing to accept the waste,

and

(h) where a weighing system is used to determine weight-based collection charges, the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste permit or such other authorisation of certificate referred to insubsection (5)(c).

(5C) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations undersubsection (4), specify a condition to be attached to a waste permit or such other authorisation of certificate referred to insubsection (5)(c), specifying a requirement that the holder of such waste permit or such other authorisation of certificate (“holder”) shall charge fees for accepting household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the holder’s facility by the person who delivers household waste.

(b) Regulations underparagraph (a)shall provide for the means by which fees for accepting waste shall be calculated by a holder and shall—

(i) require a holder to charge a fee for each kilogramme of household waste accepted by the holder,

(ii) prohibit a holder from charging any form of fee other than that referred to atsubparagraph (i), and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted, and

(iii) require a holder to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.

(c) (i) For the purposes ofparagraph (b)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder from the person who delivers household waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.

(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed undersubparagraph (i)are based, at least every 12 months and may amend the amount of the fee prescribed undersubparagraph (i).

(iii) The Minister following a review undersubparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes underparagraph (g)(i), may substitute for the amount of the fee prescribed undersubparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.]

(6)The Minister may by regulations—

(a)require the producer of a specified class or classes of waste, other than household waste, to—

(i)comply with specified conditions in relation to the treatment or temporary storage by him or her of the waste at the premises where it is produced, including the obtaining of the prior written consent of the relevant local authority to such treatment or storage,

(ii)make a plan with respect to the taking of such measures, in the event of an incident occurring that involves the loss or release of the waste, as will prevent or minimise the risk of environmental pollution therefrom,

(iii)effect and maintain a policy of insurance insuring him or her to a specified extent as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the production or holding of the waste,

(b)enable a local authority to attach specified conditions to a consent granted by it pursuant to regulations under paragraph (a) (i) and to revoke such a consent where any of the conditions so attached are not complied with,

(c)specify a maximum period for which the waste may be stored as aforesaid and deem storage of the waste beyond that period to be a disposal or recovery, as appropriate, F176[of the waste,]

F177[(d)prohibit, or limit to a specified extent, the recovery or disposal of a specified class or classes of waste in a specified manner or in a specified class or classes of facility.]

(7)F178[Subsection (1)] shall not apply in respect of—

F179[(a)the recovery or disposal of waste at a facility referred to inF180[paragraph 7.7.1, 7.7.2 or 11.1]of the First Schedule to the Act of 1992,]

(b)household waste produced and disposed of within the curtilage of the same dwelling,

(c)the deposit of litter in a litter bin,

(d)F181[…],

(e)the transfer of waste to a local authority, the corporation of a borough that is not a county borough, the council of an urban district or any other person for the purpose of its being recovered or disposed of in accordance with this Act or a licence or revised licence under Part IV of the Act of 1992, F182[and]

(f)F183[…]

(g)such other activities as may be prescribed.

(8)The Minister may make regulations amending the First Schedule to the Act of 1992 by the addition thereto, subject to such modifications, if any, as he or she may determine and specifies in the regulations, of any of the activities specified in the Third Schedule or the Fourth Schedule.

(9)A person who contravenes subsection (1) or a provision of regulations under subsection (4) or (6) shall be guilty of an offence.

39A. F184[Licensing under this Part and Part IV of Act of 1992.]

F184[39A.—(1) The purpose of this section is to provide that, in relation to activities which are related to one another in the manner mentioned in this section, a single licence under either this PartF185[or, in relation to an integrated pollution control activity, Part IV of the Act of 1992], but not a licence under both those Parts, will be required for the carrying on of those activities and that this Part or that Part IV applies, accordingly, to those activities.

(2) This section has effect in relation to the following activities, namely—

(a) the recovery or disposal of waste (“the first activity”), and

(b)F186[an integrated pollution control activity]specified in the First Schedule to the Act of 1992 (“the second activity”),

where the first activity is carried on in a facility connected or associated with the second activity.

(3) If the Agency is of the opinion that the carrying on of the second activity will be subsidiary to the carrying on of the first activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of, or the First Schedule to, the Act of 1992—

(a) the second activity (irrespective of whether it would otherwise be so regarded) shall be regarded as an activity falling withinsection 39(1)and, accordingly—

(i) the carrying on of it and of the first activity, shall require, and may be the subject of the grant of, a waste licence under that section, and

(ii) the provisions of this Part shall otherwise apply in relation to any such activity,

and

(b) neither the carrying on of the first activity, if it would otherwise be regarded, nor of the second activity shall be regarded as requiring the grant of a licenceF187[for an integrated pollution control activity]under Part IV of the Act of 1992.

(4) If the Agency is of the opinion that the carrying on of the first activity will be subsidiary to the carrying on of the second activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of the Act of 1992—

(a) the first activity (irrespective of whether it would otherwise be so regarded)F188[shall be regarded as an integrated pollution control activity]falling within section 82 of the Act of 1992 and, accordingly—

(i) the carrying on of it and of the second activity, shall require, and may be the subject of the grant of,F188[a licence for an integrated pollution control activity under Part IV]of that Act, and

(ii) the provisions of that Part shall otherwise apply in relation to any such activity,

and

(b) neither the carrying on of the second activity, if it would otherwise be regarded, nor of the first activity shall be regarded as requiring the grant of a waste licence undersection 39(1).

(5) For the purposes of this section“subsidiary”means subsidiary having regard to one or, as the Agency may consider appropriate, more than one, of the following, namely—

(a) the primary purpose of the activities concerned,

(b) the size of each of the activities concerned relative to one another and any change in that regard likely to occur during the time the proposed licence will be in force,

(c) the relative likely effects on the environment of each of the activities,

(d) whether one of the activities concerned is incidental to, or consequential on, the other.

(6) A declaration undersubsection (3)or(4)—

(a) may be made by the Agency of its own volition, and

(b) shall be made by the Agency, on a request being made to it undersubsection (7), if the conditions specified in that subsection are complied with.

(7) A person, before making an application for a waste licence undersection 39(1)orF189[or a licence for an integrated pollution control activity under section 82]of the Act of 1992 in relation to the carrying on of 2 or more activities, may request the Agency to make a declaration undersubsection (3)or(4)in relation to those activities and the Agency shall accede to that request if the following conditions are complied with—

(a) the Agency is satisfied of thebona fidesof the request,

(b) the person has supplied sufficient particulars to the Agency with respect to the activities, and

(c) the Agency determines that it is appropriate to accede to the request,

but, in the case of an application for a declaration undersubsection (3), the Agency may, instead, make a declaration undersubsection (4)and, in the case of an application for a declaration undersubsection (4), the Agency may, instead, make a declaration undersubsection (3), where, in either case, it considers it appropriate to make the declaration under the other subsection.

(8) Nothing in this section operates to disapplysection 39(1), or section 82 of the Act of 1992, as the case may be, if the activities referred to in this section cease to be related to one another in the manner mentioned in this section.

(9) For the avoidance of doubt, this section shall apply and, in particular, a declaration under it may be made in respect of an application made before the commencement ofsection 34of the Protection of the Environment Act 2003, for a waste licence under section 39 or for a licence or revised licence under section 82 of the Act of 1992.

(10) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.]

40. Grant of waste licences.

40.—(1)(a)On application being made in that behalf to it, the Agency may grant to the applicant a waste licence subject to, or without, conditions or refuse to grant to the applicant such a licence.

(b)This subsection is subject to sections 42 and 50 and regulations under section 45.

(2)Subject to subsection (5), in considering an application for a waste licence or in reviewing, pursuant to this Part, a waste licence, the Agency shall—

(a)carry out or cause to be carried out such investigations as it deems necessary or as may otherwise be prescribed for the purposes of such consideration or review,

(b)have regard to—

(i)any relevant air quality management plan under section 46 of the Act of 1987, or water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977, or waste management plan or hazardous waste management plan under Part II,

(ii) F190[(I)the particulars submitted with the application including theF191environmental impact assessment report submitted under and in accordance withF192[this Part, or with]a requirement of, or made pursuant to regulations under,section 45and any other material including maps and plans,]

(II) any submissions or observations made to the Agency in relation to the F191[environmental impact assessment report],

(III) such supplementary information (if any) relating to F193[such report] as may have been furnished to the Agency by the applicant or licence holder under and in accordance with F192[this Part, or with] a requirement of, or made pursuant to, regulations under section 45,

(IV) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed activity,

F194[(iii)such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity concerned as it considers necessary,

(iv)the policies and objectives of the Minister or the Government in relation to waste management for the time being extant, and

(v)such other matters as may be prescribed.]

F195[(2A)(a) In this subsection:

“application for a waste licence”means an application made to the Agency—

(i) for a waste licence undersection 40, or

(ii) by the holder of the waste licence for a review undersection 46of the waste licence;

F196["environmental impact assessment" in relation to an application for a waste licence, means a process in respect of the proposed activity—

(i) consisting of—

(I) the preparation of an environmental impact assessment report in accordance withsection 40(2A)(d),

(II) the carrying out of consultation with the public, public authorities and where applicable, another Member State,

(III) the examination by the Agency of the information presented in the environmental impact assessment report, any supplementary information provided by the applicant in accordance withsection 40(2A)(e)and any relevant information received in written submissions made in accordance with regulations undersection 45, or objections made to the Agency undersection 42(3),

(IV) the reaching by the Agency of a reasoned conclusion on the significant effects of the proposed activity on the environment, and

(V) the integration by the Agency of its reasoned conclusion into its decision undersection 42(11A),

and

(ii) including an examination by the Agency to identify, describe and assess the direct and indirect significant effects of the proposed activity, including the expected effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on—

(I) population and human health,

(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 1992^3and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094^4,

(III) land, soil, water, air and climate,

(IV) material assets, cultural heritage and the landscape, and

(V) the interaction between the factors mentioned inclauses (I)to(IV);]

F197["environmental impact assessment report" means a report prepared by competent experts which contains the following information:

(i) a description of the proposed activity comprising information on the site, design, size and other relevant features of the activity;

(ii) a description of the likely significant effects of the proposed activity on the environment;

(iii) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and if possible, offset likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment;

(v) any additional information specified in paragraph 2 of Schedule 6 to the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) that is relevant to the specific characteristics of the proposed activity and to the environmental features likely to be affected;

(vi) a non-technical summary of the information referred to insubparagraphs (i)to(v);

(vii) a reference list detailing the sources used for the descriptions and assessments included in the report.]

F197[(aa) In carrying out an environmental impact assessment under this subsection, the Agency shall, where appropriate, coordinate the assessment with any assessment of the proposed activity under Council Directive 92/43/EEC of 21 May 1992^3or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^4.]

(b) The Agency as part of its consideration of an application for a waste licence shall ensure before a waste licence is granted, and where the activity to which such waste licence relates is likely to have significant effects on the environment by virtue,inter alia, of its nature, size or location, that, in accordance with this subsection andsection 42(1A)toF198[(1I)], the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.

F196[(c) Subject toparagraph (b)andsection 42(1A)to(1l), an environmental impact assessment shall be carried out by the Agency in respect of an application for a waste licence relating to an activity, where development comprising or for the purpose of the activity is:

(i) of a class specified in Part 1 or Part 2 of Schedule 5 to the Planning and Development Regulations, 2001 and either—

(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other limit specified in Part 1 or Part 2, or

(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

(ii) of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity, area or other limit specified in that Part and the Agency, in exercise of the powers conferred on it by regulations undersection 45, determines that the proposed activity is likely to have significant effects on the environment.]

F196[(d) Subject tosection 42(1A)to(1l), an applicant for a waste licence shall submit an environmental impact assessment report to the Agency in respect of an application that is subject to an environmental impact assessment underparagraph (c)and where applicable, such report shall—

(i) with a view to avoiding duplication of assessments, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation, and

(ii) be based on an opinion issued by the Agency in accordance with regulations undersection 45.]

(e) The Agency shall request the production by the applicant of any additional or supplemental informationF199[, including information specified in paragraph 2 of Schedule 6 to the Planning and Development Regulations 2001,]that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.

(f) In relation to an application for a waste licence to whichparagraph (d)refers—

(i) the Agency shall consider the content of theF191[environmental impact assessment report]and any other material including maps or plans submitted as part of the application for a waste licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and

(ii) if the Agency determines that theF191[environmental impact assessment report]and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—

(I) identify the manner in which the content of theF191[environmental impact assessment report]and other material is inadequate, and

(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.

(g) In carrying out its consideration of an application for a waste licence and in carrying out an environmental impact assessmentF199[, the Agency shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report, and]the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.]

(3)F200[…]

(4)The Agency shall not grant a waste licence unless it is satisfied that—

(a)any emissions from the recovery or disposal activity in question (“the activity concerned”) will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any other enactment,

(b)the activity concerned, carried on in accordance with such conditions as may be attached to the licence, will not cause environmental pollution,

F201[(bb)if the activity concerned involves the landfill of waste, the activity, carried on in accordance with such conditions as may be attached to the licence, will comply with Council Directive 1999/31/EC on the landfill of waste,]

F202[(bbb) if the activity concerned involves the storage of metallic mercury considered as waste, the storage shall be—

(i) carried on in accordance with such conditions as may be attached to the licence, and

(ii) comply with Council Directive 2011/97/EU of 5 December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste.]

(c)the F203[best available techniques] will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned,

F204[(cc)the activity concerned is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and will not prejudice measures taken or to be taken by the relevant local authority or authorities for the purpose of the implementation of any such plan,]

(d)if the applicant is not a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, subject to subsection (8), he or she is a fit and proper person to hold a waste licence,

(e)the applicant has complied with any requirements under F205[section 53,]

F206[(f)energy will be used efficiently in the carrying on of the activity concerned,

(g)any noise from the activity concerned will comply with, or will not result in the contravention of, any regulations under section 106 of the Act of 1992,

(h)necessary measures will be taken to prevent accidents in the carrying on of the activity concerned and, where an accident occurs, to limit its consequences for the environment,

(i)necessary measures will be taken upon the permanent cessation of the activity concerned (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to aF207[satisfactory state,]]

F208[(j)the intended method of treatment is acceptable from the point of view of environmental protection, in particular when the method is not in accordance withsection 32(1).]

(5)Where a waste licence is granted in relation to an activity, a licence under—

(a)Part III of the Act of 1987,

(b)section 4 or 16 of the Local Government (Water Pollution) Act, 1977, or

(c)section 171 of the Fisheries (Consolidation) Act, 1959,

shall not be granted in relation to such an activity, and any such licence that is in force in relation to such an activity shall thereupon cease to have effect in relation thereto.

(6)(a)Where a waste licence is granted in relation to an activity, and a foreshore licence has been granted under the Foreshore Act, 1933, in relation to the same activity, any conditions attached to that foreshore licence shall, in so far as they are for the purpose of preventing environmental pollution, cease to have effect.

(b)The grant of a licence under the Foreshore Act, 1933, in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity.

(7)For the purpose of this Part, a person shall be regarded as a fit and proper person if—

(a)neither that person nor any other relevant person has been convicted of an offence under this Act F209[, the Act of 1992, the Local Government (Water Pollution) Acts 1977 and 1990 or the Act of 1987] prescribed for the purposes of this subsection,

(b)in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him or her to direct or control the carrying on of the activity to which the waste licence will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence and the other requirements of this Act,

(c)in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the waste licence will relate in accordance with the terms thereof or in consequence of ceasing to carry on that activity.

(8)The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whom subsection (7) (a) applies.

(9)The references in subsections (7) and (8) to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.

(10)A waste licence granted to a person under this Part may not be transferred to another person, other than under and in accordance with section 47.

(11)A person shall not be entitled solely by reason of a waste licence under this Part to make, cause or permit an emission to any environmental medium.

(12)It shall be a good defence—

(a)to a prosecution for an offence under any enactment other than this Part, or

(b)to proceedings under—

(i)section 10 or 11 of the Local Government (Water Pollution) Act, 1977,

(ii)section 20 of the Local Government (Water Pollution) (Amendment) Act, 1990,

(iii)section 28, 28A or 28B of the Act of 1987,

(iv)section 57 or 58,

to prove that the act complained of is authorised by a waste licence granted under this Part.

(13)(a)A holder of a waste licence shall, within a period of 1 month after the cesser of the activity to which the licence relates, give notice in writing of that fact to the Agency.

(b)A person who fails to comply with paragraph (a) shall be guilty of an offence.

41. Conditions attached to a waste licence.

41.—(1)A waste licence may provide as respects any condition attached to it that the condition shall be complied with before or after any activity to which the licence relates has been commenced or has ceased.

(2)Without prejudice to the generality of section 40 (1) (a), conditions attached to a waste licence granted under this Part—

(a)F210[shall, as a minimum]—

(i)specify the waste recovery or disposal activity, as the case may be, to which the licence relates (“the activity concerned”) and the types, nature, composition and quantity of waste permitted to be recovered F211[, disposed of or treated] during specified periods or otherwise,

(ii)specify the facility where waste may be recovered F211[, disposed of or treated] under the licence,

F212[(iia)for each type of operation permitted, the technical and any other requirements relevant to the site concerned,

(iib)the safety and precautionary measures to be taken,]

(iii)specify procedures or methods to be followed or employed with respect to F213[each type of operation involved in] the activity concerned, having regard to the nature and composition of the waste, the proximity to the facility concerned of water catchment areas and the characteristics of the receiving environment,

(iv)require specified measures to be taken to prevent the entry to waters of specified substances or to avoid pollution by specified substances,

(v)specify requirements of a technical nature to be complied with for the purpose of controlling emissions arising from, or which are a result of, the activity concerned, including—

(I)requirements relating to the design, construction, provision, operation or maintenance of the facility concerned, or any plant thereon,

(II)other requirements for the purposes aforesaid, including the use or employment of specified procedures or codes of practice,

(vi)require the monitoring, supervision and control F214[as may be necessary] of each aspect of the operation of the facility or any plant concerned by specified means and for that purpose require specified procedures or codes or practices to be followed or employed and precautions of a security nature to be taken,

F215[(vii)require the monitoring of such environmental media as, in the opinion of the Agency, may be affected by or as a result of the activity concerned, and require the Agency to be informed of the results of such monitoring and, without delay, of any incident or accident which causes, or is likely to cause, environmental pollution,]

(viii)require records to be kept F216[in accordance withsection 15(2)] of the quantity, nature and origin of waste accepted into the facility concerned, the treatment, recovery or disposal of such waste, and where relevant, the quantity, nature, destination, frequency of collection and mode of transport of waste leaving the facility concerned, and specify the period for which such records are to be preserved,

(ix)in the case of a waste disposal activity, require the recording and identification of a deposit of hazardous waste in the facility concerned,

(x)require the keeping of other specified records and require specified information to be supplied to the Agency, or any other specified person, in relation to the carrying on of the activity concerned, including a statement by the holder of the licence confirming whether or not he or she has complied with each of the conditions attached to the licence,

F217[(xi)specify requirements as may be necessary for the closure, restoration and remediation of, or the carrying out of aftercare in relation to, the facility concerned,

(xii)require that it shall be a condition of any waste licence covering incineration or co-incineration with energy recovery that the recovery of energy take place with a high level of energy efficiency,]

(b)may, as appropriate—

(i)specify requirements to be complied with as respects the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission arising from, or which is a result of, the activity concerned (“an emission concerned”),

(ii)specify the periods during which an emission concerned may, or may not, be made,

(iii)specify limits to the effects of an emission concerned,

(iv)specify the concentration of a pollutant in an environmental medium or a discharge rate which shall not be exceeded,

(v)require the provision, operation and maintenance of meters, gauges and other apparatus or means for monitoring the nature, extent and effects of an emission concerned,

(vi)specify requirements as to the training and qualifications of persons employed in carrying on the activity concerned,

(vii)specify the methods, vehicles and receptacles to be employed in transporting waste to, from or within the facility concerned,

(viii)require the taking and analysis of samples, the making of measurements and compliance with specified quality control procedures in connection with the activity concerned and for that purpose require—

(I)the use of specified analytical standards or the services of specified laboratories to be availed of,

(II)the keeping of records in relation to the samples, measurements or procedures,

(III)the furnishing of information to the Agency or any other specified person in relation to the samples, measurements or procedures,

(ix)require the making of a plan, and the revision thereof at specified intervals, setting out the measures to be taken in the event of any accident or incident (including any difficulty of an operational nature) occurring that involves the facility or any plant concerned,

(x)require specified measures to be taken in the event of a breakdown of any plant or other equipment which may affect an emission concerned,

(xi)where appropriate, specify the type of fuel to be, or not to be, used, as the case may be,

(xii)require the making and maintenance of such financial provision as may be required under section 53 (1),

(xiii)require the holder of the licence to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the carrying on of the activity concerned,

(xiv)require the making of payments by the holder of the licence to the Agency to defray costs which may be incurred by the Agency in monitoring or otherwise in performing any functions in relation to the activity concerned,

(xv) F218[…]

(xvi)require the holder of the licence to comply with such further requirements in relation to the closure, restoration, remediation and aftercare of the facility concerned, or otherwise as may in due course be determined under section 46 (5),

(xvii)specify the latest date by which a condition attached to the licence is to be complied with.

F219[(2A) In relation to an application for a waste licence, within the meaning ofsection 40(2A)(c), the Agency may attach such environmental conditions to the waste licence as it considers necessary to avoid, prevent, reduce or offset the significant adverse effects of the activity on the environment.]

F220[(2B) Where the Agency decides, in relation to an application for a waste licence, that an environmental impact assessment is not required on the basis of features or measures proposed by the applicant to avoid or prevent significant adverse effects on the environment, the Agency may attach such features or measures as environmental conditions to the waste licence.]

(3)The Minister may by regulations—

(a)require the Agency to attach as conditions to any waste licence that may be granted by it in respect of a specified class or classes of waste recovery or disposal activity, provisions requiring compliance with any specified standard, specification, procedure or other requirement, including any requirement the imposition of which is required or necessary to give effect to any Community act in relation to waste,

(b)require the Agency to attach as a condition to a waste licence of a specified class or classes a provision prohibiting the recovery or disposal of specified waste in a facility concerned or by means of a specified recovery or disposal activity, or

(c)require the Agency to take account of any other specified matter in attaching conditions to a waste licence.

F221[(d) for the purposes of acceptance of a class of household waste at a facility, from the original waste producer or the person who arranges on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their household waste (“person who delivers household waste”), require the Agency to attach conditions to a waste licence—

(i) requiring the weighing of a class of household waste accepted by a facility,

(ii) requiring the reporting of the weight of a class of household waste accepted by a facility to the person who delivers household waste,

(iii) subject tosubsection (3A), requiring the charging of fees for acceptance, recovery or treatment services by a facility of a class of household waste,

(iv) in relation to acceptance of a class of household waste, requiring the preparation and publishing of a customer charter and specifying its form and content,

(v) requiring the provision of separate receptacles for different household waste or classes of household waste,

(vi) requiring the provision to a local authority or a nominated authority undersection 34(1)(aa)(ii)of—

(I) details of persons with regard to the deposition of household waste,

(II) details of persons who choose not to partake in the deposition of household waste,

(III) details of when household waste was last deposited, and