Waste Management Act , 1996

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

(vii) as respects contamination that may be caused by the incorrect segregation of specified household waste from other waste in receptacles for segregated household waste, requiring the holder of a waste licence:

(I) to monitor levels of contamination;

(II) to record and maintain specified data on levels of contamination;

(III) to provide training for staff in relation to monitoring contamination;

(IV) to prepare and maintain protocols and procedures in the event that such contamination is detected by the holder, including to inform the person who delivers household waste or to refuse to accept the waste,

and

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

F222[(3A) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations, specify a condition to be attached to a waste licence specifying a requirement that the holder of the licence shall charge fees for accepting a class of household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the facility of the holder of the waste licence by the person who delivers household waste.

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

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

(ii) prohibit a holder of a waste licence from charging any form of fee other than that referred to 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,

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

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

(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed 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.]

(4)Conditions attached to a waste licence may apply in respect of any plant, or land or any part of any land, which is, or has been, used for the purpose of, or incidental to, an activity to which the licence relates and any emission from the facility concerned.

(5)The Agency may recover the amount of any payment due to it arising from a condition attached to a waste licence as a simple contract debt in any court of competent jurisdiction.

(6)Prior to the commencement of the waste recovery or disposal activity to which a waste licence relates, as the case may be, or the coming into force of a waste licence in respect of an activity to which section 39 (3) applies, the Agency shall inspect the facility concerned in order to ensure that it complies F223[, or is capable of compliance,] with the relevant conditions attached to the waste licence.

42. Application for a waste licence or review of a waste licence.

42.—(1)(a)Where a person proposes to make an application to the Agency for the grant of a waste licence under section 40 or for the review of a waste licence under section 46, he or she shall publish or give notice of his or her intention to do so in such form and to such persons as may be prescribed under section 45.

(b)Where the Agency proposes to review a waste licence under section 46 (1), it shall publish such notice as may be prescribed under section 45 for the purposes of this section, and shall give notice in writing to the holder of the licence and, where appropriate, to the local authority in whose functional area the activity, the subject matter of the licence, is carried on, and to such other persons (if any) as may be so prescribed, of its intention to conduct such a review.

F224[(1A) Insubsections (1B)toF225[(1I)]—

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

(a) for a waste licence undersection 40, or

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

“application for permission”means—

(a) an application for permission for development under Part III of thePlanning and Development Act 2000,

(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of thePlanning and Development Act 2000, or

(c) an application for substitute consent under section 177E of thePlanning and Development Act 2000;

“grant of permission”means—

(a) a grant of permission for development under Part III of thePlanning and Development Act 2000,

(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of thePlanning and Development Act 2000, or

(c) a grant of substitute consent under section 177K of thePlanning and Development Act 2000.

F226[(1AA) Unless the context otherwise requires, insubsections (1B)to(1G),“environmental impact assessment”and“environmental impact assessment report”have the same meaning as they have in thePlanning and Development Act 2000.]

(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required the applicant shall furnish to the Agency—

(a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Pleanála, and in that case shall also furnish to the Agency either—

(i) a copy of theF227[environmental impact assessment report]where one is required by or under thePlanning and Development Act 2000relating to that application for permission, or

(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under thePlanning and Development Act 2000,

or

(b) a copy of a grant of permission comprising or for the purposes of the activity to which the application for the licence relates that was issued by the planning authority concerned or An Bord Pleanála and in that case shall also furnish to the Agency either—

(i) where the planning authority or An Bord Pleanála, accepted or required the submission of anF227[environmental impact assessment report]in relation to the application for permission, a copy of theF227[environmental impact assessment report], or

(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under thePlanning and Development Act 2000.

(1C) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required but the applicant does not comply withsubsection (1B), the Agency shall refuse to consider the application and shall inform the applicant accordingly.

(1D) The Agency, on receipt of an application for a waste licence where anF227[environmental impact assessment report]is required undersubsection (1B)(a)(i)shall—

(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to whichsubsection (1B)(a)(i)applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,

(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request underparagraph (a)before giving notice undersection 42(2)of the decision it proposes to make in relation to the application for a licence,

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development comprising or for the purposes of the activity to which the application for a licence relates,

(d) ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal undersection 37of thePlanning and Development Act 2000has expired without an appeal being made before giving notice undersection 42(2)of the decision it proposes to make in relation to the application for a licence.

(1E) The Agency, on receipt of an application for a waste licence where anF227[environmental impact assessment report]is required undersubsection (1B)(b)(i)shall—

(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to whichsubsection (1B)(b)(i)applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice—

(i) stating whether the activity to which the application for a licence relates is permitted by the grant of permission referred to insubsection (1B)(b), and

(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to insubsection (1B)(b)refers and any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,

(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request underparagraph (a)before giving notice undersection 42(2)of the decision it proposes to make in relation to the application for a licence,

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the activity to which the application for a licence relates.

(1F) Where—

(a) a planning authority concerned or An Bord Pleanála gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a waste licence undersection 40or a review, on the application of the holder of the licence, of a waste licence undersection 46, and

(b) the application for permission is accompanied by anF227[environmental impact assessment report]or in relation to which anF227[environmental impact assessment report]was sought by the planning authority or An Bord Pleanála,

the Agency shall—

(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an activity requiring a licence undersection 40or a review, on the application of the holder of the licence, of a waste licence undersection 46,

(ii) forward to the planning authority or An Bord Pleanála, as the case may be, such observations as it has on the application for permission, including theF227[environmental impact assessment report], and

(iii) enter into such consultations with the planning authority or An Bord Pleanála in relation to the environmental impacts of the proposed development as the Agency, or the planning authority or An Bord Pleanála, as the case may be, considers necessary to enable completion of the assessment.

(1G)(a) The environmental impact assessment required to be carried out by the Agency undersection 40(2A), where an application for a waste licence is in respect of an activity that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Pleanála under thePlanning and Development Act 2000, may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Pleanála.

(b) Where an application for permission relates to development or proposed development comprising or for the purposes of an activity in respect of which a waste licence under this Part is required—

F228[(i) in relation to which a grant of permission is required, where the development or the proposed development is of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity, area or other limit specified in that Part, and]

(ii) in respect of which, the planning authority concerned or An Bord Pleanála is obliged under thePlanning and Development Act 2000to make a determination whether an environmental impact assessment is required,

the Agency shall, when requested by the planning authority concerned or An Bord Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála in its deliberations in relation to the determination referred to in paragraph (ii) and shall accept the determination of the planning authority or An Bord Pleanála so made.

(1H)(a) Where the Agency receives an application for a licence in respect of an activity that involves development or proposed development for which a grant of permission is not required and the Agency, undersection 40(2A), decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit anF227[environmental impact assessment report]and where the applicant fails to submitF227[such report]within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

(b) Where anF227[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (a), the application for a licence shall be deemed to be made on the date of receipt by the Agency of theF227[environmental impact assessment report].

(c) Where anF227[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (a), the Agency shall do the following—

(i) within 2 weeks of the date of receipt ofF227[such report]notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the date of the notice and furnish any observations that the planning authority has in relation to the application including theF227[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request undersubparagraph (i)by the planning authority before giving notice undersection 42(2)of the decision it proposes to make in relation to the application for a licence, and

(iii) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates.

(d)F229[…]]

F230[(1I)(a) This subsection applies—

(i) notwithstandingsubsections (1B)to(1H),

(ii) to an application for a licence made to the Agency before 30 September 2012,

(iii) where the Agency has not made a decision undersection 40(1)orsection 46(2), including an application for a licence, within the meaning ofsubsection (1A), to whichsection 40(2A)applies.

(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency undersection 40(2A)(c)(ii)determines that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if anF227[environmental impact assessment report]was not submitted with the application for a licence, request the applicant to submit anF227[environmental impact assessment report]and where the applicant fails to submitF227[such report]within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

(c) Where anF227[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (b)—

(i) the Agency shall consider the content of theF227[environmental impact assessment report]and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes and assesses the direct and indirect effects of the proposed development on the environment, and

(ii) if the Agency determines that theF227[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 theF227[environmental impact assessment report]and other material is inadequate, and

(II) require the applicant for the licence to furnish, within the period specified in the notice, to the Agency, additional information required to correct the inadequacy so identified.

(d) Where the applicant concerned fails to comply with a requirement underparagraph (c), the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing, of such failure and that the application for a licence cannot be considered by the Agency.

(e) Where anF227[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (b)and having complied with the requirements underparagraph (c), the Agency shall do the following—

(i) within 2 weeks of the date of receipt ofF227[such report]notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including theF227[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request undersubparagraph (i)by the planning authority before making its decision undersection 40(1)orsection 46(2)in relation to the application for a licence, and

(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]

(2)Before making a decision under section 40in respect of an application made to it for the grant of a waste licence, or under section 46 (2) in consequence of a review of a waste licence that has been conducted by it under that section F231[including an application for a licence, within the meaning ofsubsection (1A), to whichsection 40(2A)applies], the Agency shall give notice in writing to—

(a)the applicant or the holder of the licence, as the case may be,

F231[(aa)where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to whichsection 40(2A)applies is required, the planning authority or An Bord Pleanála,]

(b)any person who has made a written submission to it in relation to the application or the review, in accordance with regulations under this Part,

(c)where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on, and

(d)such other persons as may be prescribed,

of the decision it proposes to make in respect of the application or in consequence of the review F228[and the Agency shall publish that decision on its website.]

(3)Any person may, subject to compliance with the requirements of any regulations under sections 45 and 50, and at any time before the expiration of the appropriate period, make an objection to the Agency in relation to a decision referred to in subsection (2) that it proposes to make.

(4)An objection shall—

(a)be made in writing,

(b)state the name and address of the objector,

(c)state the subject matter of the objection,

(d)state in full the grounds of objection and the reasons, considerations and arguments on which they are based, and

(e)be accompanied by such fee (if any) as may be payable in respect of the making of such objection in accordance with regulations under section 50.

(5)(a)An objection which does not comply with the requirements of subsection (4) shall be invalid.

(b)The requirement of subsection (4) (d) shall apply whether or not the objector requests, or proposes to request, under subsection (9) an oral hearing of the objection.

(6)An objection shall be accompanied by such documents, particulars, or other information relating to the objection as the objector considers necessary or appropriate.

(7)Without prejudice to the provisions of any regulations undersection 45, an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of objection stated in the objection, and any such elaboration, submissions or further grounds of objection that is or are received by the Agency shall not be considered by it.

(8)Any documents, particulars or other information submitted by an objector, other than such documents, particulars or other information which accompanied the objection or which were furnished to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45, shall not be considered by the Agency.

(9)(a)A person making an objection under subsection (3) may request an oral hearing of the objection.

(b)(i)A request for an oral hearing of an objection shall be made in writing to the Agency and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations under section 50.

(ii)A request for an oral hearing of an objection which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Agency.

(c)A request for an oral hearing of an objection shall be made within the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.

(10)An objection, or a request for an oral hearing under subsection (9), shall be made—

(a)by sending the objection or request by prepaid post to the Agency, or

(b)by leaving the objection or request with an employee of the Agency, at the principal office of the Agency, during office hours, or

(c)by such other means as may be prescribed.

(11)(a)Where a request for an oral hearing of an objection is made in accordance with subsection (9), or otherwise where an objection has been made, the Agency shall have an absolute discretion to hold an oral hearing in relation to the objection and, if it decides to hold such a hearing, it shall give notice in writing of that decision to—

(i)the applicant or the holder of the licence, as the case may be,

(ii)where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on,

F232[(aa)where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to whichsection 40(2A)applies is required, the planning authority or An Bord Pleanála,]

(iii)any person who requested an oral hearing, and

(iv)such other person as may be prescribed.

(b)Where the Agency decides not to hold an oral hearing under this subsection, it shall give notice in writing of its decision to the person who requested the oral hearing.

F233[(11A) When—

(a) in relation to an application for a waste licence undersection 40, a decision to grant or refuse a waste licence has been taken, or

(b) a decision is made in consequence of a review on an application of the holder of the licence, of a waste licence undersection 46,

the Agency, in accordance with regulations undersection 45, shall inform the persons referred to in or prescribed undersubsection (2), including the public, of its decision and shallF228[make the following information available on its website:]

F228[(i) the decision and, where the application was subject to an environmental impact assessment by the Agency, the reasoned conclusion on the significant effects of the activity on the environment, taking into account the results of the Agency’s examination of the environmental impact assessment report, and where appropriate, its own supplementary examination;

(ii) any environmental conditions attached to the decision, including conditions regarding monitoring measures, parameters to be monitored and the duration of the monitoring;

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

(iv) the main reasons and considerations on which the decision is based, including—

(I) information about the public participation process,

(II) a summary of the results of consultations and information gathered from the environmental impact assessment report (where applicable), written submissions made in accordance with regulations undersection 45, or objections made to the Agency undersection 42(3), and

(III) a description of how the results referred to inclause (II)have been incorporated or otherwise addressed by the Agency;

(v) information on the procedures available to the persons referred to in or prescribed undersubsection (2), including the public, to review the substantive and procedural legality of the decision.]]

F226[(11AA) Where applicable, the Agency shall be satisfied that the reasoned conclusion referred to insubsection (11A)(b)(i)remains up-to-date when making its decision under this subsection.]

(12)In this section “the appropriate period” means the period of F234[30 days] beginning on the day on which notification is sent under subsection (2) in respect of the matter concerned.

42A. F237[Calculation of appropriate period and other time limits over holidays.]

F237[42A.—When calculating the appropriate period (within the meaning ofsection 42) or any other time limit under this Act or in any regulations made under this Act, the period between the 24th day of December and the 1st day of January, both days inclusive, shall be disregarded.]

42B. F238[Amendments of waste licence of clerical or technical nature.]

F238[42B.—(1) The Agency may amend a waste licence for the purpose of—

(a) correcting any clerical error therein,

(b) facilitating the doing of any thing pursuant to a condition attached to the licence where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the condition or the terms of the licence taken as a whole but which was not expressly provided for in theF239[condition,]

F240[(bb) facilitating compliance by the holder of a licence with technical requirements that may be established, or amended, arising from the introduction of new Community acts or amendments to existing Community acts, or]

(c) otherwise facilitating the operation of the licence and the making of the amendment does not result in the relevant requirements ofsection 40(4)ceasing to be satisfied.

(2) None of the requirements ofsection 46or of any other provision of this Part shall apply to the exercise of the power undersubsection (1)but the Agency shall, where appropriate, consult with the holder of the licence before exercising the power.

(3) The Agency shall, as soon as may be after the exercise of the power undersubsection (1), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency undersection 42(3)in relation to any exercise of the powers undersection 40or46as respects the waste licence concerned.]

43. Section 42: supplementary provisions.

43.—(1)(a)Where—

(i)no objection is made in accordance with section 42 (3) to the Agency in relation to a decision that it proposes to make in respect of an application made to it for the grant of a waste licence or in consequence of a review conducted by it of a waste licence, or

(ii)any objection or objections that has or have been so made to it in relation thereto is or are withdrawn,

the decision of the Agency in relation to that application or in consequence of the review shall be that as notified by it under section 42 (2).

(b)Where the decision of the Agency is to grant a waste licence or a revised waste licence, such a licence shall be granted by it as soon as may be after the making of the decision.

(2)Without prejudice to section 40 (4), where an objection has been made in accordance with section 42 (3) in relation to a decision referred to in section 42 (2)which it proposes to make, and has not been withdrawn, the Agency shall consider such objection and any submissions, plans, documents or other information and particulars furnished to the Agency in accordance with regulations under section 45 in relation to such objection and, where an oral hearing has been held in relation to the objection, to the report on the hearing, and as soon as may be thereafter the Agency shall decide to grant or refuse to grant the relevant licence in accordance with section 40 (1).

(3)For the purposes of subsection (2), the Agency may consider an objection in relation to a decision referred to in section 42 (2), notwithstanding a default of compliance on the part of an objector with a requirement of, or made pursuant to, regulations under section 45 to furnish any submissions, plans, documents or other information and particulars, without further notice to that person.

(4)It shall be the duty of the Agency to ensure that—

(a)a decision by it under section 42 (11) to hold an oral hearing, or

(b)a decision by it in respect of an application made to it for the grant of a waste licence or in consequence of a review that has been conducted by it of a waste licence, whether or not an oral hearing has been held in relation to any objection made to it in accordance with section 42 (3) in respect of that decision,

shall be given as expeditiously as may be, and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of any such application or the completion of any such review.

(5)(a)A person shall not question the validity of a decision of the Agency on an application made to it for the grant of a waste licence, or in consequence of a review conducted by it of such a licence, otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) (hereafter in this subsection referred to as “the Order”).

(b)An application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) shall—

(i)be made within the period of 2 months commencing on the date on which the decision is given,

(ii)be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to—

(I)the Agency,

(II)where the applicant for leave is not the applicant for, or the holder of, the waste licence concerned, the applicant for or holder of that licence,

(III)any person who has made an objection in accordance with section 42 (3) to the Agency in relation to the matter concerned,

(IV)any other person specified for that purpose by order of the High Court,

and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.

F241[(ba) The High Court shall not grant leave for judicial review unless it is satisfied that—

(i) the applicant has a sufficient interest in the matter which is the subject of the application, or

(ii) the applicant—

(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(bb) A sufficient interest for the purposes ofsubparagraph (i)ofparagraph (ba)is not limited to an interest in land or other financial interest.

(bc) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave under this section, shall act as expeditiously as possible consistent with the administration of justice.

(bd) Inparagraph (ba),“State authority, a public authority or governmental body or agency”means—

(i) a Minister of the Government;

(ii) the Commissioners of Public Works in Ireland;

(iii) a harbour authority within the meaning of theHarbours Act 1946;

(iv) a local authority within the meaning of theLocal Government Act 2001;

(v) the Health Service Executive;

(vi) a person established—

(I) by or under any enactment (other than the Companies Acts),

(II) by any scheme administered by the Government, or

(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government.

(vii) A company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.]

(c)(i)The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(ii)This paragraph shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(d)References in this subsection to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.

44. F242[Conduct of oral hearing and written report thereon.

44.—(1)(a) An oral hearing undersection 42shall be conducted by a person or persons appointed for that purpose by the Agency.

(b) Subject to any regulations undersubsection (4), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person or persons appointed under this subsection but it shall be the duty of the person or persons to ensure that the hearing is conducted without undue formality.

(2) The person or persons appointed undersubsection (1) may take evidence on oath or affirmation at the oral hearing and for that purpose may administer oaths or affirmations, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(3) The person or persons appointed undersubsection (1)shall make a written report on the objection or objections made undersection 42(3)and the hearing to the Agency and shall include in the report a recommendation relating to the grant of a waste licence or a revised waste licence, as the case may be (including the conditions to be attached to such a licence) or to the refusal of such a licence.

(4)(a) The Minister may make regulations in relation to the conduct of an oral hearing undersection 42and the procedures at such a hearing.

(b) Without prejudice to the generality ofparagraph (a), regulations under this subsection shall provide for all of the following—

(i) matters that may be raised at an oral hearing;

(ii) the persons who may be heard at an oral hearing;

(iii) enabling the person or persons conducting an oral hearing to require any person to attend the hearing and give evidence in relation to any matter in question at the hearing;

(iv) the publication or giving of notice of the holding of an oral hearing;

(v) the alteration of the time and place of the holding of an oral hearing;

(vi) the provision of submissions, plans, documents or other information and particulars to persons;

(vii) the adjournment or re-opening of an oral hearing, and the publication or giving of notice regarding such an adjournment or re-opening;

(viii) the replacement of a person or persons appointed to conduct an oral hearing or the conduct of a new oral hearing;

(ix) the withdrawal of a request for an oral hearing, and matters consequential thereon.]

45. Regulations regarding waste licences.

45.—(1)The Minister shall make regulations in relation to applications for the grant of waste licences or for the review of waste licences and in relation to the grant or review of such licences, and such regulations may contain different provisions in relation to different classes of such matters.

(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following—

(a)the form in which an application for the grant of a waste licence (“a licence”) or for the review of a licence shall be made and the form of a licence,

(b)the time within which an application for the grant or review of a licence shall be made relative to publication or giving of a notice under section 42 (1) in respect of such an application,

(c)the making of objections under section 42 (3),

(d)the publication or giving by an applicant for the grant of a licence (“an applicant”), a holder of a licence, or the Agency of specified notices,

(e)requiring or enabling submissions, plans, documents and other information and particulars, including an F243[environmental impact assessment report], to be furnished to the Agency or any other specified person by an applicant, a holder of a licence, a person making objections under section 42 (3) (“an objector”) or any other person within such periods as may be specified,

F244[(ea) requiring applicants, licensees or other persons to furnish to the Agency or any other specified person, within such period as may be specified, any additional or supplemental information to enable the Agency to carry out an environmental impact assessment,

(eb) requiring applicants, licensees or other persons to furnish information to the Agency in response to a request for additional or further information under and for the purposes of section 40(2A)(e),]

(f)requiring or enabling an applicant, a holder of a licence, an objector or any other person to furnish to the Agency or any other specified person, within such period as may be specified by the Agency, such additional information or particulars (including an F243[environmental impact assessment report]) relating to an application for the grant of a licence or for the review of a licence as the Agency may require or request,

(g)requiring the production to the Agency, within such period as may be specified by it, of such evidence as it may reasonably require in order to verify any information or particulars furnished to it by an applicant, a holder of a licence, an objector or any other person under and in accordance with regulations under this section,

(h)requiring the Agency to publish or make available for inspection or purchase by members of the public of a copy of an application for the grant of a licence or for the review of a licence or of any submissions, plans, documents or other information (including, where appropriate, an F243[environmental impact assessment report] and any supplementary information relating thereto), or any extract therefrom, that relate or relates to such an application,

(i)procedures to be followed by the Agency in dealing with an application for the grant of a licence or in conducting a review of a licence (including consultation procedures in relation to an F243[environmental impact assessment report]), whether or not an oral hearing is held in respect thereof, and the times within which the steps in such procedures shall be taken,

(j)without prejudice to paragraph (i), the period within which a decision to grant a licence may be made,

(k)the publishing of a decision given by the Agency in respect of an application made to it for the grant of a licence or in consequence of a review conducted by it of a licence, and the reasons therefor, and of any specified documents or other information in relation to the decision,

(l)the information to be contained in an F243[environmental impact assessment report],

(m)requiring an applicant or a holder of a licence to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the Agency in relation to an application for the grant of a licence or a review of a licence, or

(n)specifying the conditions and circumstances under which an application for the grant of a licence may be deemed by the Agency to have been withdrawn.

(3)Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, such regulations.

(4)A person who, in relation to an application for a waste licence or for a review of a waste licence, makes a statement in writing which to his or her knowledge is false or misleading in a material respect shall be guilty of an offence.

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

46. Review of waste licences.

F245[46.—(1) Without prejudice tosubsections (2)and(5), the Agency may review a waste licence—

(a) on any of the grounds referred to insubsection (3),

(b) with the consent of, or upon an application in that behalf being made by, the holder of the licence,

(c) upon receipt of a notification undersubsection (6), or

(d) at a time not less than 3 years from the date on which the licence was granted.

(2) The Agency shall review a waste licence if—

(a) it considers—

(i) that pollution arising from or as a result of the activity to which the waste licence relates is of such significance that the existing limit values specified in the waste licence need to be revised or new such values need to be specified in the waste licence,

(ii) that substantial changes in best available techniques make it possible to reduce emissions from the said activity significantly without imposing excessive costs,

(iii) that the operational safety of the said activity requires techniques, other than those currently being used in respect of it, to be used,

or

(b) new requirements (whether in the form of standards or otherwise) are prescribed, by or under any enactment or Community act, being requirements that relate to—

(i) the conduct or control of the activity to which the waste licence relates,

(ii) the content or nature of an emission concerned, or

(iii) the effects of the activity on such an emission.

(3) The grounds mentioned insubsection (1)(a)are:

(a) there has been a material change in the nature of the activity to which the waste licence relates, or in the nature or extent of an emission concerned, or of the location in which the said activity is carried on or an adjacent area,

(b) there has been a material change, which could not reasonably have been foreseen when the waste licence was granted, in the condition of the environment in the area in which the activity to which the licence relates is carried on,

(c) evidence, which was not available when the waste licence was granted and would have materially affected the decision of the Agency to grant the licence subject to the conditions to which it was granted, has become available.

(4) In the review of a waste licence under this section, the Agency shall have regard to—

(a) any change in the quality of the environment in the area in which the activity to which the waste licence relates is carried on, and

(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution,

since the waste licence was granted or last reviewed.

(5) (a)The Agency may review a waste licence upon receipt of a notification undersection 40(13), or on otherwise becoming aware of the cessation of the activity to which the licence relates, or following a refusal by it to accept the surrender of the licence undersection 48(7).

(b) In a review under this subsection, the Agency shall determine such measures as are in its opinion necessary for the purpose of, as appropriate—

(i) the closure, restoration, remediation or aftercare of any facility concerned for the recovery or disposal of waste,

(ii) environmental protection,

and may grant a revised waste licence accordingly, including such conditions as it deems appropriate as respects the matters aforesaid.

(6) A holder of a waste licence shall give notice in writing to the Agency of any proposal to effect a change in the nature, extent or function of an activity or facility to which that licence relates if the effecting of that change could have consequences for the environment.

(7) A change referred to insubsection (6)shall not be effected unless either—

(a) by notice in writing served on the holder concerned, the Agency states that the activity concerned could, if the change were to be effected, continue to be carried on in conformity with this Act without a review of the licence concerned undersubsection (1)having to be carried out first and a revised licence granted thereunder, or

(b) a review of the licence concerned undersubsection (1)is carried out first and a revised licence is granted thereunder that permits the activity concerned to continue to be carried on in conformity with this Act after the change has been effected.

(8) As soon as may be after it has completed a review of a waste licence under this section, the Agency may—

(a) grant to the holder thereof a waste licence (“a revised waste licence”) the terms and conditions of which are, in such respects as the Agency thinks appropriate, different from those of the first-mentioned licence and the revised waste licence shall have effect in lieu of the first-mentioned licence, or

(b) refuse to grant to that holder such a licence.

(9) Without prejudice to the generality ofsubsection (2)(b), the Minister may by regulations—

(a) prescribe specific circumstances in which the obligation under that provision to review a waste licence granted in respect of a specified class or classes of waste activity shall arise, the grounds for such review, the time within which such review shall be carried out, and relevant procedures to be followed, and

(b) require the taking by the Agency of specified measures consequent upon the completion of such a review.

(10)Subsection (9)shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency or a local authority of a function conferred on it by or under this Act in relation to a waste recovery or disposal activity.]

47. Transfer of waste licences.

47.—(1)A waste licence may be transferred from the holder to another person in accordance with this section.

(2)Where the holder of a waste licence desires that the licence be transferred to another person (hereafter in this section referred to as “the proposed transferee”), the holder of the licence and the proposed transferee shall jointly make an application to the Agency requesting that such a transfer be effected by the Agency.

(3)An application under subsection (2) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 50 and the waste licence concerned.

(4)The Agency may require the provision of such further information by the holder of the licence or the proposed transferee as it considers appropriate for the purposes of dealing with an application made by them under this section.

(5)If, on consideration of an application under subsection (2), and any relevant information provided in respect thereof, the Agency is satisfied—

(a)that the proposed transferee would, if he or she were an applicant for the licence, be regarded by it as a fit and proper person to be granted under section 40 a like waste licence to the licence concerned,

(b)that the proposed transferee has complied with any requirements under section 53, and

(c)regarding such other matters as may be prescribed,

it shall effect a transfer of the licence to the proposed transferee in such manner as may be prescribed.

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

48. Surrender of waste licences.

48.—(1)A waste licence may be surrendered by its holder, but only if the Agency accepts the surrender.

(2)The holder of a waste licence who desires to surrender it shall make an application for that purpose to the Agency, in such form, giving such information and accompanied by such evidence as may be prescribed and accompanied by such fee as may be prescribed under section 50.

(3)Upon receiving an application for the surrender of a waste licence, the Agency—

(a)shall inspect the facility at which the activity to which the licence relates is carried on (“the relevant facility”), and

(b)may require the holder of the licence to furnish to it such further information or evidence as it may specify.

(4)For the purpose of subsection (3), the Agency may, by notice in writing served on the person, require a person who has made an application to it under subsection (2) to carry out, or arrange to have carried out, in such manner as may be specified in the notice, such monitoring, sampling and investigations, in addition to those which may be required under a condition attached to the waste licence concerned, as the Agency considers necessary, and so specifies, and any requirement so made shall be regarded as a condition attaching to that licence.

(5)Where the Agency proposes to accept the surrender of a waste licence, it shall consult with such persons and in accordance with such procedures as may be prescribed.

(6)Having regard to such information or evidence as is furnished to it under paragraph (b) of subsection (3) and to the results of an inspection under paragraph (a) of that subsection and of any monitoring, sampling and investigation required to be carried out under subsection (4), the Agency shall assess the condition of the relevant facility, so far as that condition is the result of the use of the facility for the recovery or disposal of waste (whether or not carried on in accordance with the waste licence concerned) and the likely effect on any environmental media of any emissions from the relevant facility that may occur.

(7)If the Agency is satisfied that the condition of the relevant facility is not causing or likely to cause environmental pollution, it shall accept the surrender of the waste licence, but otherwise shall refuse to accept the surrender of the licence.

(8)A decision of the Agency under subsection (7) shall be conveyed to—

(a)the applicant concerned,

(b)the local authority in whose functional area the activity, the subject matter of the waste licence, has been carried on, and

(c)any person concerned that it has consulted under subsection (5),

by notice in writing, as soon as may be after the decision is made and where the decision is a decision to accept the surrender of a waste licence, that licence shall cease to have effect upon the service of the said notice.

(9)The making of an application for the surrender of a waste licence under this section or the cesser of the activity to which a waste licence relates, shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the holder of such licence as are specified in or arise under the licence.

48A. F246[Revocation or suspension of waste licence in certain circumstances.]

F246[48A.—(1) The Agency may revoke, or suspend the operation of, a waste licence if it appears to the Agency that—

(a) the holder of the licence no longer satisfies the requirements specified insection 40(7)for his or her being regarded as a fit and proper person, and

(b) the circumstances occasioning his or her no longer satisfying those requirements are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation.

(2) References in this Act to the cessation of the activity to which a waste licence relates shall be construed as including references to such a cessation in consequence of the revocation of the licence.

(3) None of the requirements ofsection 46or of any other provision of this Part shall apply to the exercise of the power undersubsection (1)but where the Agency proposes to exercise the power it shall afford the holder of the licence, and any other person whom it considers ought to be afforded such an opportunity, an opportunity to make representations to it in relation to the matter.

(4) The cesser of a waste licence’s effect under this section shall in no way affect or diminish such conditions, requirements or obligations (being conditions, requirements or obligations that apply to, or fall on the holder of such licence by virtue of the licence) as may be specified by the Agency in exercising the powers under this section.

(5) The holder or former holder of the licence may appeal to the High Court against a revocation or suspension of a waste licence under this section and, on the hearing of the appeal, the High Court may confirm or annul the revocation or suspension or, in the case of a suspension, vary the period for which the suspension shall operate.

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

49. Limit on duration of waste licences.

49.—(1)Where the activity to which a waste licence relates has not been substantially commenced within the period of 3 years beginning on the date on which the licence was granted or, as may be appropriate, the period referred to in paragraph (a) or (b) of subsection (2), then that licence shall cease to have effect on the expiry of the said period.

(2)The Agency may, having regard to the nature of the activity to which a waste licence to be granted or granted by it will relate or relates, as the case may be, and any arrangements necessary to be made or made in connection with the carrying on of the activity and any other relevant consideration—

(a)specify for the purposes of subsection (1) a period of more than 3 years beginning on the date on which the licence is to be granted,

(b)in the case of a waste licence granted by it, on an application which complies with such requirements (if any) as may be prescribed being made by the holder of the licence in that behalf, extend for the purposes of subsection (1) the period referred to in that subsection or specified by it under paragraph (a), as may be appropriate.

F247[(3) Where the activity to which a waste licence relates ceases to be carried on then, unless the activity is resumed within the period of 3 years beginning on the date of that cessation, the licence shall cease to have effect on the expiry of the said period.

(4) The cesser of a waste licence’s effect under this section shall in no way affect or diminish the conditions, requirements or obligations that apply to, or fall on, the holder of such licence by virtue of the licence.]

50. Fees.

50.—(1)The Minister shall make regulations providing for the, payment to a local authority or the Agency, as appropriate, of a fee of a specified amount in respect of—

F248[(a) an application made to the local authority for—

(i) the grant of a waste collection permit undersection 34,

(ii) a review of a waste collection permit undersection 34A(1)(b), or

(iii) the transfer of a waste collection permit undersection 34B,]

(b)an application made to the Agency for—

(i)the grant of a waste licence under section 40;

(ii)a review of such a licence under section 46;

(iii)the transfer of such a licence under section 47;

(iv)the surrender of such a licence under section 48; and

(v)the extension for the purposes of section 49 of a period mentioned in that section,

(c)an objection made to the Agency under section 42 (3) or a request for an oral hearing in relation to such an objection made to it under section 42 (9),

and such regulations may make provision for—

(I)the payment of fees of different amounts in respect of different classes of such applications or other matters as aforesaid,

(II)the exemption from the payment of any such fee in such circumstances as may be specified,

(III)the waiver, remission or refund (in whole or in part) of any such fee in such circumstances as may be specified, and

(IV)the manner in which such fees may be disposed of.

(2)Where, pursuant to regulations under this section, a fee is payable to a local authority or the Agency in respect of an application or request made to it, the local authority or the Agency, as the case may be, shall not consider or determine the application or request unless and until such fee is received.

51. Recovery of sludges and agricultural waste.

51.—(1)The provisions of this section shall apply notwithstanding the provisions of any bye-law made under section 21 of the Local Government (Water Pollution) (Amendment) Act, 1990.

(2)F249[(a)subject toparagraph (b), a waste licence undersection 39shall not be required for the recovery of sludge for use in agriculture.]

(b)The Minister may make regulations amending paragraph (a) by adding or deleting to or from that provision any specified class or classes of waste or waste recovery activity.

(c)“Recovery”, for the purpose of this section, includes the injection of waste into land for the purpose of benefiting the carrying on of any agricultural or silvicultural activity or an ecological system.

(3)The Minister may make regulations prohibiting, or limiting or controlling in a specified manner and to a specified extent, the recovery of any waste to which subsection (2) applies (hereafter in this section referred to as “relevant waste”).

(4)Without prejudice to the generality of subsection (3), regulations under this section may make provision in relation to all or any of the following matters:

(a)a requirement that the recovery of relevant waste shall not be carried out without the prior written consent of the local authority in whose functional area the proposed recovery activity is to take place, and enabling that local authority to attach such conditions to such a consent as it considers appropriate,

(b)the rate at which relevant waste may be spread on or injected into land,

(c)specifying—

(i)limits in respect of the constituent elements of relevant waste or of the concentration of such elements in land on which relevant waste is recovered, and

(ii)maximum annual quantities of the constituent elements of relevant waste which may be recovered on land,

(d)the treatment, sampling and analysis, in a specified manner, of relevant waste and the monitoring, sampling and analysis, in a specified manner, of land on which such waste is recovered,

(e)restricting the use of land on or in which relevant waste is recovered,

(f)(i)the keeping by a person of records containing specified particulars as respects—

(I)the production, treatment, recovery, or the transfer to another person, of relevant waste,

(II)the monitoring, sampling and analysis of relevant waste or of land on which such waste is recovered,

(ii)the entry in a register required to be established and maintained for the purpose by a local authority of particulars as aforesaid,

(iii)the furnishing of specified information to a local authority or any other specified person in relation to the matters referred to in subparagraph (i),

(g)the furnishing by a local authority to the Agency of such information regarding waste referred to in subsection (2) (a) (i), in such manner and at such times, as the Agency may require and the preparation and publication by the Agency—

(i)of a report, by a specified date, regarding the recovery and disposal of the said waste,

(ii)of further reports, at specified intervals after the said date, regarding the said recovery and disposal,

(h)the issue of directions or guidance to local authorities with respect to the performance of their functions under regulations under this section,

(i)requiring compliance by specified persons with specified codes of practice concerning the carrying on of any recovery activity in respect of relevant waste,

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

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

(6)For the purpose of this section, other than subsection (4) (a), “local authority” includes the corporation of a borough of any kind and the council of an urban district.

52. Discharges to sewers.

52.—Section 97 of the Act of 1992 shall apply in relation to the grant of a waste licence under this Part as if a reference in that section to a licence or revised licence were a reference to a waste licence under this Part.

53. Financial provisions regarding waste recovery and disposal.

53.—(1)The Agency may, before it does any of the following things, namely—

(a)decides whether to—

(i)grant a waste licence,

(ii)transfer such a licence,

(b)conducts a review of a waste licence,

require the applicant for, or the holder of, the licence or the proposed transferee, as the case may be, to—

(i)furnish to it such particulars in respect of such matters affecting his or her ability to meet the financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the licence relates or will relate, as the case may be, in accordance with the terms of the licence or in consequence of ceasing to carry on that activity as it may specify, and

(ii)make, and furnish evidence of having so made, such financial provision as it may specify (which may include the entering into a bond or other form of security) as will, in the opinion of the Agency, be adequate to discharge the said financial commitments or liabilities.

(2)A person who, pursuant to a requirement made of him or her under subsection (1), furnishes to the Agency any particulars or evidence which he or she knows to be false or misleading in a material respect shall be guilty of an offence.

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

(4)Without prejudice to the generality of subsection (3), regulations under this section may specify by reference to the type of activity to which the waste licence concerned relates or will relate—

(a)the nature of the financial provision that the Agency may require a person to make under subsection (1) (ii),

(b)the matters to be had regard to by the Agency in determining the amount of financial provision that it may require a person to make under subsection (1) (ii).

53A. F250[Operator of landfill facility to impose charge for disposals.

53A.—(1) The operator of a landfill facility (other than an internal landfill facility), or such other facility for the disposal of waste as may be prescribed for the purposes of this subsection, shall impose charges in respect of the disposal of waste at the facility.

(2) Subject tosubsection (3), different amounts of charges may be imposed undersubsection (1)in respect of different disposals of waste at the facility concerned.

(3) The amount or amounts of charges imposed undersubsection (1)shall be such as the operator of the facility concerned determines is likely to ensure that the result specified insubsection (4)is achieved.

(4) The result referred to insubsection (3)is that the aggregate of the amount of charges imposed by the operator, in relation to the facility concerned, during the relevant period will not be less than the amount that would meet the total of the following costs (irrespective of whether those costs, or any of them, have been or will be met from other financial measures available to the operator), namely—

(a) the costs incurred by the operator in the acquisition or development, or both (as the case may be), of the facility,

(b) the costs of operating the facility during the relevant period (including the costs of making any financial provision undersection 53), and

(c) the estimated costs, during a period of not less than 30 years or such greater period as may be prescribed, of the closure, restoration, remediation or aftercare of the facility.

(5) The operator of the facility concerned shall prepare a statement in writing in respect of the determination he or she makes undersubsection (3)in each year of the amounts of charges and that statement shall specify the method he or she has employed in making that determination and the assumptions and any relevant accounting principles he or she has used for the purpose of that method.

(6) A copy of a statement prepared undersubsection (5)shall be furnished by the operator to the Agency not later than 1 month following the end of the year to which the statement relates.

(7) An operator who fails to comply withsubsection (6)shall be guilty of an offence.

(8) The Agency shall not grant a licence or revised licence in respect of the disposal of waste at a facility referred to insubsection (1)unless it is satisfied that the proposed licensee or licensee will take or will continue to take steps to comply with this section.

(9) 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.

(10) In this section—

“internal landfill facility”means a landfill facility that is used solely for the disposal of waste produced by an activity (other than one involving the sorting, mixing or segregation of waste or the recovery of materials from waste) and is operated by or on behalf of the person carrying on that activity;

“relevant period”means such period as the Agency determines to be appropriate for the purposes of Article 10 of the Council Directive 99/31/EC^1in relation to the facility concerned and specifies in writing for the purposes of this section.]

54. Application of the Act of 1963 and related regulations.

54.—(1)Where a waste licence is granted under this Act in relation to an activity, and a permission has been granted under Part IV of the Act of 1963 in respect of development comprising or for the purposes of that activity, any conditions attached to that permission shall, in so far as they are for the purposes of the prevention, limitation, elimination, abatement or reduction of environmental pollution, cease to have effect.

(2)The grant of a permission under Part IV of the Act of 1963 in relation to any development comprising or for the purposes of a waste recovery or disposal activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity.

F251[(3) Notwithstandingsection 34of the Planning and Development Act, 2000, or any other provision of that Act, where a waste licence has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission undersection 34F252[or, substitute consent as defined in section 177T,]of that Act in respect of any development comprising the activity or for the purposes of the activity, subject the permission to conditions which are for the purposes of—

(a) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

(3A) Where a waste licence has been granted under this Part or is or will be required in relation to an activity, a planning authority or An Bord Pleanála may, in respect of any development comprising the activity or for the purposes of the activity, decide to refuse a grant of permission undersection 34F253[or refuse a grant of substitute consent]of the Planning and Development Act 2000, where the authority or An Bord Pleanála considers that the development, notwithstanding the licensing of the activity under this Part, is unacceptableF254[on environmental grounds or on the grounds of adverse effects to the integrity of a European site (within the meaning of that Act),]having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

(3B)F255[…]

(3C)F255[…]

(3D) The Minister may make regulations making 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.

(3E) Without prejudice to the generality ofsubsection (3D), regulations made under this section may provide for matters of procedure in relation to the request for or the making of observations from or by the Agency under this section and related matters.

(3F) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act.]

(4)Where a permission under F256[section 34of the Planning and Development Act, 2000] has been granted or an application has been made for such permission in relation to any development comprising or for the purposes of a waste recovery or disposal activity, the carrying on of which requires the grant of a waste licence, the Agency—

(a)F257[may] consult with the planning authority in whose functional area the activity is or will be carried on in relation to any development which—

(i)is necessary to give effect to any conditions to be attached to a waste licence in respect of the activity, and

(ii)the Agency considers is not the subject of a permission or an application for a permission under F256[section 34of the Planning and Development Act, 2000], and

(b)may attach to the waste licence such conditions related to the development aforesaid as may be specified by the said planning authority for the purposes of the proper planning and development of its functional area, or more stringent conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity.

(5)Works consisting of or incidental to the carrying out of development referred to in subsection (4) (a) F258[that were the subject of consultation in accordance with that provision and in respect of which a condition has been attached to a waste licence in accordance withsubsection (4)] and the provision of waste collection receptacles in accordance with regulations under section 29 (4) (o) shall each be exempted development within the meaning, and for the purposes, of F259[thePlanning and Development Act, 2000, and a condition attached to a permission undersection 34of that Act] shall not prejudice, affect or restrict in any way the provision of waste collection receptacles as aforesaid.

(6)References in sections 25, 26 and 41 of the Act of 1963 to an activity in relation to which a licence under Part IV of the Act of 1992 is required shall be construed as including references to an activity in relation to which a waste licence under this Act is required.

(7)F260[(a) In exceptional cases, the Minister may, by order, exempt an application for a waste licence, within the meaning ofsection 40(2A), made by or on behalf of a local authority in its functional area from a requirement to prepare an environmental impact assessment report, where such a report would adversely affect the purpose of the proposed activity.

(b) The Minister, in making an order under this subsection, shall ensure that the objectives of the EIA Directive are met and the Minister shall comply with Article 2(4) of the EIA Directive.]

(c)Without prejudice to paragraph (b), the Minister shall, where he or she considers it necessary to do so for the purpose of F260[paragraph 4] of Article 2 of the aforesaid Directive, specify in an order under this subsection requirements to be complied with by the local authority concerned or, as the case may be, the person who proposes to carry out the development on its behalf in relation to the matters specified in the said paragraph.

(d)The Minister shall cause an order under this subsection to be published F261[on the website of the Department of Communications, Climate Action and Environment and] in the Iris Oifigiúil.

(e)The reference in this subsection to a local authority's functional area is a reference to its functional area in its capacity as a planning authority.

F261[(f) The Minister shall, every 2 years, inform the Commission of the European Union of any orders made under this subsection.]

(8)The Minister may make regulations specifying the time within which an application for a waste licence shall be made relative to an application for a permission under Part IV of the Act of 1963.

F263[PART VA Recovery of End-of-Life Vehicles] Annotations Amendments: F263 Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.

53B. F264[Interpretation and supplemental (Part VA).

53B.—(1) In this Part—

“Act of 1952”meansthe Finance (Excise Duties) (Vehicles) Act 1952;

“Act of 1992”meansthe Finance Act 1992;

“appropriate treatment and recovery”, in relation to a vehicle, means the treatment and recovery of the vehicle in accordance with the requirements ofsection 39;

“authorised recovery facility”means a facility at which the appropriate treatment and recovery of vehicles may take place;

“Directive”means the European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles;

“end-of-life vehicle”means a specified vehicle which is discarded or is to be discarded by its registered owner as waste;

“mechanically propelled vehicle”has the same meaning as it has in Chapter IV of Part II of the Act of 1992;

“producer”, in relation to a vehicle, means the person who imports into, or manufactures in, the State the vehicle;

“registered”, in relation to a vehicle, shall be construed in accordance with section 131 of the Act of 1992;

“registered owner”has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) as amended for the time being, but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may be for the time being in force;

“specified vehicle”means—

(a) a category A vehicle or a category B vehicle within the meaning of Chapter IV of Part II of the Act of 1992, other than such a vehicle that falls within a class of vehicle specified in regulations undersubsection (2)as being a class of vehicle excepted from this definition, and

(b) a vehicle that falls within a class of vehicle specified in regulations undersubsection (2)as being a class of vehicle included in this definition.

(2) The Minister may make regulations specifying a class of mechanically propelled vehicle to be a class of vehicle excepted from, or included in, the definition of“specified vehicle”in this section (and such specification shall be made only where the Minister considers it necessary or expedient to do so in consequence of a Community act).]

53C. F265[Producer responsibility for free treatment and recovery of end-of-life vehicles.

53C.—(1) The Minister may make regulations imposing the obligation specified insubsection (2)with effect from—

(a) the commencement ofsection 43of the Protection of the Environment Act 2003 where the vehicle mentioned in that subsection is a vehicle registered on or after 1 July 2002,

(b) 1 January 2007 where the vehicle mentioned in that subsection is a vehicle registered before, on or after 1 July 2002.

(2) The obligation mentioned insubsection (1)is an obligation on the producer of the vehicle concerned to ensure that the registered owner of an end-of-life vehicle can deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery without (subject tosection 53D(4)) any cost being incurred by the owner in respect of such deposit, treatment or recovery.

(3) Regulations under this section may provide for—

(a) the making of arrangements by producers of specified vehicles for the purpose of ensuring that the foregoing obligations of each of them under the regulations are fulfilled,

(b) the provision by producers of the financial resources (the“resources”) necessary to ensure that those foregoing obligations are fulfilled,

(c) the following matters in relation to the provision of the resources—

(i) the conferral of powers on a specified person or persons (who or each of whom is referred to in this section as a“collection authority”) with respect to securing and recovering the resources,

(ii) requiring the making of a declaration to a collection authority by a producer and specifying the particulars to be included in such a declaration,

(iii) the time at which an amount of resources shall be made available by a producer and the form and manner in which they shall be made available,

(iv) requiring specified records to be kept by specified persons in respect of matters connected with the making available of the resources and specifying the form of such records,

(v) enabling the making available of resources by specified producers to be deferred in specified circumstances,

(vi) requiring specified records and accounts to be kept by a collection authority in respect of resources made available or to be made available to it,

(vii) enabling the refund of resources made available by specified producers to be made to them,

(viii) enabling a collection authority to enter into arrangements with one or more specified persons whereby that person or those persons remit to the collection authority amounts by way of financial resources within a specified period of time after liability in respect of the making available of those amounts arises,

(ix) providing for the payment into the Environment Fund by a collection authority of amounts received by it by way of resources (subject to the deduction from such amounts of any amounts specified as being capable of being deducted therefrom for the purpose of defraying expenses incurred by it in securing or recovering the resources),

(d) the exemption of a person from all or any of the requirements of regulations under this section who is certified by an association or body corporate that is formed or established for the purpose of the carrying on of relevant activities, that is to say, ensuring that end-of-life vehicles can be deposited by their registered owners for the purpose of their being the subject of appropriate treatment and recovery in accordance withsubsection (2), and is approved by the Minister in accordance with regulations underparagraph (a), to be either—

(i) a member or shareholder of that association or body corporate, as the case may be, or

(ii) participating, in a satisfactory manner, in a scheme for the carrying on of the relevant activities referred to in this paragraph or complying with any requirements specified by that association or body corporate, as the case may be, in relation to the carrying on of those activities,

(e)(i) the granting by the Minister of approvals for the purpose of regulations underparagraph (d)and the conditions which he or she may attach to such approvals, including conditions relating to—

(I) the financial and administrative arrangements to be made by the association or body corporate concerned,

(II) the relevant activities referred to inparagraph (d)to be carried on by the association or body corporate concerned and the manner in which they are to be carried on,

(III) targets to be achieved by the association or body corporate concerned with respect to the carrying on of those activities by it,

(ii) enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,

(iii) the means by which an association or body corporate shall determine, for the purpose of regulations underparagraph (d), whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,

(iv) the grant and revocation by an association or body corporate of a certificate for the purpose of regulations underparagraph (d)and the notifications to be given by it in respect of such a grant or revocation to the person concerned and other specified persons,

(f) the exemption of a producer from all or any of the requirements of regulations under this section (being a producer who is not otherwise so exempted by virtue of regulations underparagraph (d)) where he or she shows to the satisfaction of the Minister or another person specified for this purpose that he or she has put arrangements in place to ensure that each end-of-life vehicle produced by him or her can be deposited by the registered owner thereof for the purpose of its being the subject of appropriate treatment and recovery in accordance withsubsection (2),

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

(4) A person who fails to comply with a provision of regulations under this section shall be guilty of an offence.]

53D. F266[Requirement to deposit mechanically propelled vehicle for recovery, etc.

53D.—(1) In this section—

“essential components of a vehicle”means the engine and coachwork of a vehicle;

“national vehicle records”means the records established and maintained undersection 60 of the Finance Act 1993.

(2) Where the registered owner of a mechanically propelled vehicle decides to discard the vehicle as waste he or she shall deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery.

(3) Subject tosubsection (4), that deposit, treatment and recovery shall, if the vehicle is a specified vehicle, occur without any cost being incurred by the registered owner.

(4) The Minister may make regulations providing that—

(a)subsection (3)shall not apply where the specified vehicle to be deposited—

(i) does not contain the essential components or other specified components of a vehicle,

(ii) contains waste which has been added to the vehicle, or

(iii) was not the subject of a licence taken out under section 1 of the Act of 1952 or, as the case may be, section 21(3) ofthe Finance (No. 2) Act 1992for such period or periods as may be specified preceding the deposit,

(b)subsection (3), in so far as it provides that the deposit of the specified vehicle shall occur without any cost being incurred by the registered owner, shall not apply unless specified conditions are complied with.

(5) Subject to any regulations under this section, the operator of an authorised treatment facility shall—

(a) issue, in relation to the vehicle, a certificate (in this section referred to as a“certificate of destruction”) to the registered owner on the deposit by him or her of a mechanically propelled vehicle at the facility for appropriate treatment and recovery,

(b) notify, in such form as the Minister may determine, the Minister of the fact of that certificate having been issued and of such particulars contained in it as the Minister may determine (and the form that is so determined may be a form that is not legible if it is capable of being converted into a legible form).

(6) The Minister shall note on the national vehicle records such of the particulars contained in certificates of destruction as he or she considers appropriate and which have been notified to him or her undersubsection (5)(b).

(7) The operator of an authorised treatment facility shall not transfer a mechanically propelled vehicle which has been deposited with him or her in accordance withsubsection (2)to any other person save for the purpose of its being the subject of appropriate treatment and recovery at another authorised treatment facility.

(8) A mechanically propelled vehicle in respect of which a certificate of destruction has been issued shall not be subsequently—

(a) registered,

(b) licensed under section 1 of the Act of 1952 or section 21(3) ofthe Finance (No. 2) Act 1992,

(c) used in a public place, or

(d) exported.]

53E. F267[Regulations for purposes of section 53D, etc.

53E.—(1) The Minister may make—

(a) regulations for the purposes ofsection 53D, and

(b) regulations providing for such supplementary, consequential or incidental provisions as the Minister considers necessary or expedient for the purpose of giving full effect to the provisions of the Directive to which that section relates.

(2) Without prejudice to the generality ofsubsection (1), regulations under this section may make provision in relation to all or any of the following matters—

(a) requiring specified documentation, information and particulars to be submitted by the registered owner of a mechanically propelled vehicle on the occasion of the vehicle being deposited at an authorised treatment facility pursuant tosection 53D(2),

(b) requiring specified documentation, information and particulars to be submitted by the operator of an authorised treatment facility to specified persons on the occasion of a mechanically propelled vehicle being deposited at that facility pursuant tosection 53D(2),

(c) requiring specified documentation, information and particulars to be submitted by the operator of an authorised treatment facility to specified persons on the occasion of a mechanically propelled vehicle's appropriate treatment and recovery at that facility being completed,

(d) specifying the period within which a mechanically propelled vehicle deposited at an authorised treatment facility pursuant tosection 53D(2)must undergo appropriate treatment and recovery,

(e) the form of a certificate of destruction,

(f) the keeping and preservation of records and information relating to certificates of destruction issued by operators of authorised treatment facilities,

(g) the recognition in the State of certificates of destruction (being certificates issued under the laws of another Member State of the European Union implementing the Directive) in respect of mechanically propelled vehicles registered in the State,

(h) specifying the persons to whom specified information and particulars derived from national vehicle records may be provided,

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

53F. F268[Offences for failure to comply with section 53D, etc.

53F.—A person who fails to comply with—

(a)subsection (2), (3), (5), (7)or(8)ofsection 53D, or

(b) a provision of regulations undersection 53E,

shall be guilty of an offence.]