Waste Management Act , 1996

F269[PART VB Waste Electrical and Electronic Equipment] Annotations Amendments: F269 Inserted (1.07.2005) by Waste Management (Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of 2005), reg. 5, in effect as per reg. 2.

53G. F270[Interpretation (Part VB)

53G.—In this Part save where the context otherwise requires—

“civic amenity facility”means a purpose-designed facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste electrical and electronic equipment arising from private households;

“collection point”means—

(i) a civic amenity facility, or

(ii) other facility for the receipt, storage or recovery of waste electrical and electronic equipment

subject to such a facility being appropriately licensed, permitted or registered under Regulations made pursuant toSection 39of the Act, or other such facilities as may be prescribed in Regulations;

“dangerous substance or preparation”means any substance or preparation which has to be considered dangerous under Council Directive 67/548/EEC^2or, as appropriate, Directive 1999/45/EC of the European Parliament and of the Council^3;

“distance communication”is as defined in Article 2(4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts^4or, as appropriate, means sales and marketing services by electronic communication, voice telephony services, including telesales and telemarketing or non-electronic direct marketing services, including mail order;

“distributor”means any person who provides electrical andelectronic equipment on a commercial basis to the party who is going to use it;

“electrical and electronic equipment”means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA of European Parliament and Council Directive 2002/96/EC on waste electrical and electronic equipment and designed for use with a voltage rating not exceeding 1,000 volt for alternating current and 1,500 volt for direct current;

“environmental management costs”means the costs of the environmentally sound management of waste electrical and electronic equipment from private households arising from electrical and electronic equipment placed on the market prior to 13 August 2005;

“environmentally sound management of waste electrical and electronic equipment”means the collection, storage, treatment and recovery or, as appropriate, disposal of waste electrical and electronic equipment in an environmentally sound manner;

“final user”means any person who discards electrical and electronic equipment, for which they have no further use or, as appropriate, who intends to or is required to discard it, but shall not include any person who on behalf of or as a service to any other person—

(a) buys, sells or arranges for the purchase, sale or transfer of waste from one person to another, or

(b) arranges for the collection, recovery or disposal of waste;

“finance agreement”means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place;

“producer”means any person who, irrespective of the selling technique used, including by means of distance communication—

(a) manufactures and sells electrical and electronic equipment under his or her own brand,

(b) resells electrical and electronic equipment produced by other suppliers under his or her own brand,

(c) imports electrical and electronic equipment on a professional basis into the State,

(d) exports electrical and electronic equipment on a professional basis from the State to another Member State of the European Union, or

(e) distributes electrical and electronic equipment from a producer who is deemed not to be registered under the provisions of regulations made in accordance withsection 53J;

with the exception of a person or persons exclusively engaged in the provision of financing under or pursuant to any finance agreement unless also acting as a producer within the meaning ofsubparagraphs (a)to(e);

“recovery”means any of the applicable operations provided for in Annex IIB to Council Directive 75/442/EEC of 15 July 1975 on waste^1;

“recycling”means the reprocessing in a production process of the waste materials for the original purpose or for other purposes, but excluding energy recovery which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of the heat;

“reuse”means any operation by which waste electrical and electronic equipment or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereof which are returned to collection points, distributors, recyclers or manufacturers;

“RoHS Directive”means European Parliament and Council Directive 2002/95/EC of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment;

“treatment”means any activity after the waste electrical and electronic equipment has been handed over to a facility for de-pollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery or, as appropriate, the disposal of the waste electrical and electronic equipment;

“waste electrical and electronic equipment”means electrical and electronic equipment, which is waste within the meaning of article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, including all components, subassemblies and consumables which are part of the product at the time of discarding;

“waste electrical and electronic equipment from private households”means waste electrical and electronic equipment which comes from private households, and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;

“WEEE Directive”means European Parliament and Council Directive 2002/96/EC of 27 January 2003 on waste electrical and electronic equipment and shall be read in accordance with European Parliament and Council Directive 2003/108/EC of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment.]

53H. F271[Regulations for purposes of promoting, supporting or facilitating the prevention, minimisation, or restriction of hazardous substances in waste

53H.—(1) The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations—

(a) prohibiting, or restricting the use of specified hazardous substances, in any electrical and electronic equipment, including electric light bulbs and luminaires placed on the market,

(b) imposing the obligation specified insubsection (2), and

(c) providing for the removal of electrical and electronic equipment containing specified hazardous substances from the market.

(2) The obligation mentioned insubsection (1)is an obligation on a producer with effect from a date specified in regulations, or in an order made by the Minister, to—

(a) take into account and facilitate the dismantling and recovery and, in particular, the reuse and recycling of waste electrical and electronic equipment, including materials and components contained therein, in the design and production of electrical and electronic equipment,

(b) encourage waste electrical and electronic equipment, including materials and components contained therein, to be reused through specific design features or manufacturing processes, unless such specific design features or manufacturing processes present overriding advantages with regard to the protection of the environment or, as appropriate, safety requirements, and

(c) ensure that electrical and electronic equipment, including materials and components contained therein, placed on the market does not contain substances specified in regulations under this section.

(3) The provisions ofsubsection (2)shall also apply to distributors or producers, as appropriate, operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.

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

53I. F272[Distributor and producer responsibility for the take back, treatment and recovery of waste electrical and electronic equipment

53I.—(1) The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations—

(a) imposing the obligation specified insubsection (2); and

(b) providing thatsubsection 2(a)may not apply where the waste electrical and electronic equipment contains waste other than that deriving from electrical and electronic equipment.

(2) The obligation mentioned insubsection (1)is an obligation, with effect from a date to be specified in regulations, or in an order made by the Minister, on—

(a) a distributor to take back from the final user on a one-for-one basis at least free of charge waste electrical and electronic equipment from private households that is replaced by equipment of equivalent type or has fulfilled the same functions as the supplied electrical and electronic equipment, other than contaminated waste electrical and electronic equipment that presents a health and safety risk, unless such contamination is on account of a distributor’s liability underthe Sale of Goods and Supply of Services Act, 1980(No.16 of 1980);

(b) a producer to finance the environmentally sound management of—

(i) waste electrical and electronic equipment arising from private households deposited at a collection point in respect of electrical and electronic equipment which that producer originally—

(I) places on the market on or after 13 August 2005, and

(II) placed on the market prior to 13 August 2005 in proportion to that producer's respective share of the market by type of equipment when the respective costs occur,

(ii) waste electrical and electronic equipment from users other than private households in respect of electrical and electronic equipment which—

(I) that producer places on the market on or after 13 August 2005, and

(II) was placed on the market prior to 13 August 2005, and that producer replaces with new products of equivalent type or new products fulfilling the same function,

(c) a final user to finance the environmentally sound management of waste electrical and electronic equipment other than from private households, that is not being replaced with new products of equivalent type or new products fulfilling the same function.

(3) The provisions ofsubsection (2)shall also apply to distributors or producers, as appropriate, operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.

(4) Regulations under this section may provide for—

(a) the making of arrangements by distributors or producers, separately or in combination, for the purpose of ensuring that the obligations of each of them under the regulations are fulfilled,

(b) the provision by distributors or producers, as appropriate, 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 for the purpose of operating a scheme to provide for the environmentally sound disposal of waste electrical and electronic equipment (here and after is referred to in this section as an“approved body”) with respect to securing and recovering the resources,

(ii) requiring the submission of information by a distributor or producer, as appropriate, as may be prescribed in regulations made under this section to the approved body,

(iii) the time at which an amount of resources shall be made available by a distributor or producer, as appropriate, 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 distributors or producers, as appropriate, to be deferred in specified circumstances,

(vi) requiring specified records and accounts to be kept by an approved body in respect of the resources made available to it or to be made available to it,

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

(viii) enabling an approved body to enter into arrangements with a producer or, as appropriate, a distributor whereby that producer or, as appropriate, that distributor remits to the approved body amounts by way of financial resources within a specified period of time after liability in respect of the making available of those amounts arises,

(d) the exemption of a person or persons from all or any of the requirements of regulations under this section who is certified by an approved body to be either—

(i) a member or shareholder of that approved body, 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 approved body.

(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 approved body concerned,

(II) the relevant activities referred to inparagraph (d)to be carried out by an approved body and the manner in which they are to be carried out,

(III) targets to be achieved by the approved body 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 approved body 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 approved body of a certificate for the purpose of regulations underparagraph (d)and the notifications to be given by it in respect of such grant or revocation to the person concerned and other specified persons,

(f) the exemption of a distributor or producer, as appropriate, from all or any of the requirements of regulations under this section (being a distributor or producer, as appropriate, who is not otherwise 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 the take back of each item of waste electrical and electronic equipment can be deposited by the final user thereof for the purpose of its being deposited at a collection point or, as appropriate, at a civic amenity facility or for the purposes of the environmentally sound management of that waste electrical and electronic equipment, as appropriate in accordance withsubsection (2),

(g) the making of arrangements relating to the display of environmental management costs, for a period of time specified in regulations made underparagraph (d), by a distributor or producer, as appropriate, to the purchasers of electrical and electronic equipment,

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

(5) Nothing insubsection 4(a)shall be construed as authorising distributors or, as appropriate, producers to—

(a) make arrangements which are prohibited by section 4(1) ofthe Competition Act, 2002(No.14 of 2002) or, as appropriate, by Article 81 of the Treaty of Rome, or, as appropriate,

(b) act in a manner prohibited by section 5(1) ofthe Competition Act 2002(No.14 of 2002) or, as appropriate, by Article 82 of the Treaty of Rome.

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

53J. F273[Registration

53J.—(1) The Minister, following consultation with the Minister for Enterprise, Trade and Employment, may make regulations relating to the granting of an approval by the Minister to any person, association or body corporate (who is referred to in this section as the“registration body”) including himself or herself for the purpose of carrying out of certain registration functions as provided for in regulations made under this Section.

(2) Regulations under this section may provide for—

(a) the requirement of each producer to register with the registration body,

(i) to fulfil his or her obligations under the WEEE Directive, and provide to the registration body specified—

(I) details of a third party who may be authorised to act on his or her behalf in relation to the recovery of waste electrical and electronic equipment,

(II) details of financial guarantees as required under Article 8.2 of the WEEE Directive,

(III) data relating to the quantities of products placed on the market and the form and manner in which the data shall be made available, and

(IV) details of any environmental management costs applied on electrical and electronic equipment.

(ii) to submit evidence verifying his or her compliance with the requirements of the RoHS Directive by providing to the satisfaction of the registration body, as appropriate, all or any information and data pertaining thereof;

(b) the requirement of each producer to satisfy the registration body that he or she or a third party acting on his or her behalf contributes in full to his or her share of the costs of the environmentally sound management of waste electrical and electronic equipment;

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

(d) the collection arrangements relating to the fees remitted by producers for the purposes of registering, including—

(i) the conferral of powers on any specified person or persons to collect and recover fees relating to registration,

(ii) the time at which the payment of the registration fees shall be made by producers and the form and manner of such payment, and

(iii) enabling the registration body to enter into arrangements with one or more specified persons whereby that person or those persons remit to the registration body amounts by way of the fees within a specified period of time after liability in respect of the making available of those amounts arises,

(e) empowering the registration body to—

(i) examine the audited accounts of a producer or an approved body, as appropriate, or require a producer to submit to the registration body documentary evidence in order to verify, validate or require a producer to submit documentary evidence of market share;

(ii) take whatever action is deemed appropriate by the registration body to ensure compliance with the RoHS Directive and the WEEE Directive; and

(iii) keep and preserve records and particulars relating to information submitted by a producer or an approved body for the purposes of registration;

(f) enabling the refund of registration fees paid by specified producers to be made to the relevant producers;

(g) the submission of specified documentation, information and particulars to a specified person or, as appropriate, specified persons;

(h) the removal from the register of any producer who does not comply with a provision of regulations under this section;

(i) the granting of a certificate of registration or, as appropriate, a certificate of renewal of registration by the registration body;

(j) the refusal of the registration body to grant a certificate of registration or, as appropriate, a certificate of renewal of registration;

(k) requiring the acceptance of decisions made by the registration body;

(l) enabling the Minister to monitor the activities of the registration body and seek the submission of reports which the Minister may require from time to time; and

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

(3) The provisions ofsubsection (2)shall also apply to producers operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.

(4) Without prejudice tosub-section (1)where a person or persons, or association, or body corporate undertakes the registration function only one registration body shall be permitted to perform these functions at any one time.

(5) Without prejudice tosub-section (2)where a person or persons, or association, or body corporate undertakes the registration function it may procure any or all of the functions allotted in accordance with regulations under this section.

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

53K. F274[Obligation to mark electrical and electronic equipment placed on the market

53K.—(1) The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations imposing the obligation specified insubsection (2).

(2) The obligation mentioned insubsection (1)is an obligation on a producer to ensure that each item of electrical and electronic equipment placed on the market with effect from a date or dates to be specified in regulations, or in an order or orders made by the Minister, made under this section, incorporates a mark to—

(a) indicate it should not be disposed of as unsorted municipal waste

(b) identify the producer,

(c) indicate that the electrical and electronic equipment is placed on the market after a specific date, or, as appropriate,

(d) indicate that the electrical and electronic equipment placed on the market after a specific date does not contain specified hazardous substances.

(3) The provisions ofsubsection (2)shall also apply to producers operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.

(4) Regulations under this section may provide for—

(a) the appropriate application of symbols and marks on—

(i) electrical and electronic equipment, or

(ii) the packaging, the instructions for use and the warranty of the equipment concerned

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

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

53L. F275[Obligation to provide information to users of electrical and electronic equipment

53L.—(1)The Minister may, following consultation with the Minister for Enterprise, Trade and Employment, make regulations imposing the obligation specified insubsection (2).

(2) The obligation mentioned insubsection (1)is an obligation on a distributor or producer, as appropriate, to ensure that purchasers of electrical and electronic equipment with effect from a date to be specified in regulations, or in an order made by the Minister, are informed of—

(a) the environmental benefits of not disposing of waste electrical and electronic equipment as unsorted municipal waste and of transferring such waste electrical and electronic equipment for appropriate reuse, treatment, recycling and recovery,

(b) the return and collection systems available to them,

(c) their role in contributing to reuse, recycling and other forms of recovery of waste electrical and electronic equipment,

(d) the potential effects on the environment and human health as a result of the presence of hazardous substances in electrical and electronic equipment, and

(e) the meaning of any symbols specified in regulations made under section 53K.

(3) The provisions ofsubsection (2)shall also apply to distributors or producers, as appropriate, operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.

(4) Regulations under this section may provide for—

(a) specified requirements relating to the provision of information to purchasers of electrical and electronic equipment placed on the market,

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

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

53M. F276[Obligation to provide information to recovery facilities

53M.—(1) The Minister may following consultation with the Minister for Enterprise, Trade and Employment, make regulations imposing the obligation specified insubsection (2)with effect from a date specified in the regulations, or in an order made by the Minister.

(2) The obligation mentioned insubsection (1)is an obligation on a producer to ensure that reuse and treatment information, the different components and materials, including the location of dangerous substances and preparations for each type of electrical and electronic equipment placed on the market from the date specified in the regulations, or in the order made by the Minister, is furnished to recovery facilities carrying out the maintenance, upgrade, refurbishment, treatment, recycling and recovery of waste electrical and electronic equipment.

(3) The provisions ofsubsection (2)shall also apply to producers operating from within the European Union or from third countries supplying electrical and electronic equipment in or into the State by means of distance communication or otherwise.

(4) Regulations under this section may provide for—

(a) specified requirements relating to the provision of information to recovery facilities carrying out the maintenance, upgrade, refurbishment, treatment recycling and recovery of waste electrical and electronic equipment,

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

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

PART VI General Provisions Regarding Environmental Protection

55. Power of local authority to require measures to be taken in relation to the holding, recovery or disposal of waste.

55.—(1)(a)Where it appears to a local authority, as respects its functional area, that it is necessary so to do in order to prevent or limit environmental pollution caused, or likely to be caused, by the holding, recovery or disposal of waste, the local authority may serve a notice under this section on a person who is or was holding, recovering or disposing of the waste, as the case may be.

(b)Paragraph (a)shall not apply in respect of the recovery or disposal of waste carried on in accordance with a waste licence, or a licence or revised licence granted under Part IV of the Act of 1992.

(2)A notice under this section may require—

(a)the taking of specified measures which the local authority considers necessary in order to prevent or limit the environmental pollution concerned or prevent a recurrence thereof,

(b)the cesser of the holding, recovery or disposal concerned,

(c)the mitigation or remedying of any effects of any activity aforesaid in a specified manner,

within a specified period (not being less than 14 days commencing on the date of the service of the notice).

(3)A notice under this section—

(a)may be served whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned;

(b)shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

(4)A person on whom a notice under this section has been served may, within such period as may be specified in the notice for the purpose, make representations in writing to the local authority concerned regarding the terms of the notice, and the local authority, having considered any such representations, may amend the terms of the notice or confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.

(5)A person on whom a notice under this section has been served shall, within the period specified in the notice, comply with the terms thereof.

(6)If a person on whom a notice under this section has been served does not, within the period specified in the notice, comply with the terms thereof, the local authority concerned may take such steps as it considers reasonable and necessary to secure compliance with the notice, and may recover any expense thereby incurred from the said person as a simple contract debt in any court of competent jurisdiction.

(7)Without prejudice to the generality of subsection (2), a notice under this section may require—

(a)the removal of waste to any location or locations,

(b)the disposal of waste in a specified manner or at a specified facility,

(c)the taking of measures to prevent the continuance of the activity to which the notice relates,

(d)the treatment of affected lands or waters so as to mitigate or remedy the effects of the activity concerned,

(e)the taking of such other action as may be necessary to counteract any risk of environmental pollution arising from the activity concerned.

(8)A person who fails to comply with a notice under this section shall be guilty of an offence.

(9)Save where the context does not admit such a construction, references in this section to a notice thereunder shall, if the notice has been amended under subsection (4), be construed as references to the notice as so amended.

55A. F277[Powers under section 55 also exercisable by Agency.

55A.—On and from the commencement ofsection 46of the Protection of the Environment Act 2003, the powers undersection 55shall, in addition to being exercisable by a local authority, be exercisable by the Agency (but, as respects the Agency, without the limitation imposed onsubsection (1)(a)of that section bysubsection (1)(b)thereof) and, accordingly, for that purpose—

(a) the references insubsection (1)(a)of that section to a local authority shall be construed as including references to the Agency and that subsection, in its application to the Agency, shall have effect as if the words,“as respects its functional area,”were omitted, and

(b) each subsequent reference in that section to a local authority shall, where the power under thatsubsection (1)(a)has been exercised by the Agency in relation to a particular matter, be construed, in relation to that matter, as a reference to the Agency.]

56. Powers of local authority to take measures to prevent or limit environmental pollution caused by waste.

56.—(1)Where it appears to a local authority that measures are required to be taken in order to prevent or limit environmental pollution in its functional area caused, or likely to be caused, by the holding, recovery or disposal of waste, the local authority may take such steps, carry out such operations, recover or dispose of, or arrange for the recovery or disposal of, such waste or give such assistance as it considers necessary to prevent or limit such pollution or to mitigate or remedy the effects on the environment of any such activity.

(2)Where a local authority takes steps, carries out operations, recovers or disposes of, or arranges for the recovery or disposal of, waste or gives assistance under this section, the local authority may recover the costs of such steps, operations, recovery, disposal or assistance as a simple contract debt in a court of competent jurisdiction from such person as the local authority satisfies the court is a person whose act or omission necessitated such steps, operations, recovery, disposal or assistance.

(3)Nothing in this Act or an instrument made thereunder or any other enactment shall prejudice the taking of necessary action by a local authority in pursuance of the powers under this section.

56A. F278[Powers under section 56 also exercisable by Agency and clarification of that section.

56A.—(1) On and from the commencement ofsection 47of the Protection of the Environment Act 2003, the powers undersection 56of the Act of 1996 shall, in addition to being exercisable by a local authority, be exercisable by the Agency and, accordingly, for that purpose—

(a) the references insubsection (1)of that section to a local authority shall be construed as including references to the Agency and that subsection, in its application to the Agency, shall have effect as if the words“in its functional area”were omitted, and

(b) each subsequent reference in that section to a local authority shall, where the power under thatsubsection (1)has been exercised by the Agency in relation to a particular matter, be construed, in relation to that matter, as a reference to the Agency.

(2) Nothing in this section shall be construed as imposing on a local authority or the Agency, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.]

57. Powers of High Court in relation to the holding, recovery or disposal of waste.

57.—(1)Where, on application by any person to the High Court, that Court is satisfied that waste is being held, recovered or disposed of in a manner that causes or is likely to cause environmental pollution F279[orsection 34or39(1)to be contravened], it may by order—

(a)require the person holding, recovering or disposing of such waste to carry out specified measures to prevent or limit, or prevent a recurrence of, such pollution F279[or contravention], within a specified period,

(b)require the person holding, recovering or disposing of such waste to do, refrain from or cease doing any specified act, or to refrain from or cease making any specified omission,

(c)make such other provision, including provision in relation to the payment of costs, F279[including costs incurred by the Agency in relation to the carrying out of relevant inspections or surveys and the taking of relevant samples and the analysis of the results of any such activities,] as the Court considers appropriate.

(2)An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(3)An application for an order under this section may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

(4)Without prejudice to the powers of the High Court to enforce an order under this section, a person who fails to comply with an order under this section shall be guilty of an offence.

58. Remedies for unauthorised holding, recovery or disposal of waste.

58.—(1)(a)Where, on application by any person to the appropriate court, that court is satisfied that another person is holding, recovering or disposing of, or has held, recovered or disposed of, waste, in a manner that is causing, or has caused, environmental pollution F280[orsection 34or39(1)to be contravened], that court may make an order requiring that other person to do one or more of the following, that is to say:

(i)to discontinue the said holding, recovery or disposal of waste within a specified period, or

(ii)to mitigate or remedy any effects of the said holding, recovery or disposal of waste in a specified manner and within a specified period.

(b)In this subsection, “appropriate court”, in relation to an application under paragraph (a) means—

(i)in case the estimated cost of complying with the order to which the application relates does not exceed F281[€15,000], the District Court,

(ii)in case the estimated cost aforesaid does not exceed F282[€75,000], the Circuit Court, and

(iii)in any case, the High Court.

(c)(i)If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F281[€15,000], it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid.

(ii)If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F282[€75,000], it may, if it so thinks fit, transfer the application to the High Court.

(iii)This paragraph is without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this section in relation to which it was, at the time of the making of the application, the appropriate court.

(2)(a)An application for an order under this section shall be brought in a summary manner and the court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(b)Where an application is transferred under paragraph (c) of subsection (1), the court to which it was transferred shall be deemed to have made any order made under this subsection by the court from which it is so transferred in the proceedings in relation to the application.

(3)(a)An order shall not be made by a court under this section unless the person named in the order has been given an opportunity of being heard by the court in the proceedings relating to the application for the order.

(b)The court concerned may make such order as to the costs of the parties to or persons heard by the court in proceedings relating to an application for an order under this section as it considers appropriate.

(4)(a)Where a person does not comply with an order under subsection (1), a local authority, as respects its functional area, or the Agency, may take any steps specified in the order to mitigate or remedy any effects of the activity concerned.

(b)The amount of any expenditure incurred by a local authority or the Agency in relation to steps taken by it under paragraph (a) shall be a simple contract debt owed by the person in respect of whom the order under subsection (1) was made to the authority or the Agency, as the case may be, and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.

(5)(a)An application under subsection (1) to the District Court shall be made to the judge of the District Court for the District Court district in which the activity concerned takes place.

(b)An application under subsection (1) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the activity concerned takes place.

(6)An application under subsection (1)may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

(7)Without prejudice to any powers of the court concerned to enforce an order under subsection (1), a person who fails to comply with an order under that subsection shall be guilty of an offence.

59. Functions of local authorities in regard to waste.

59.—(1)Each local authority shall, save in a particular case where a provision of this Act provides to the contrary, be responsible for the supervision of, and the enforcement of the relevant provisions of this Act in relation to, the holding, recovery and disposal of waste within its functional area.

(2)Nothing in subsection (1) shall be construed as prejudicing the right of the Agency or any other person to perform any functions conferred on it or him or her by or under any provision of this Act.

PART VII Miscellaneous

60. Policy directions by Minister in relation to waste licensing, the movement of waste and other matters.

60.—(1)The Minister may, whenever he or she thinks proper, give general directions in writing to the Agency or each local authority as to policy in relation to, as appropriate—

(a)the making or review of the hazardous waste management plan or a waste management plan,

(b)the management of waste recovery or disposal activities carried on otherwise than under a waste licence,

(c)the granting of waste licences,

(d)the performance by the Agency or local authority of its functions under this Act with respect to movements of waste,

(e)matters related to matters aforesaid.

(2)In performing its functions under this Act, the Agency or each local authority concerned, as the case may be, shall have regard to any directions given to it by the Minister under this section.

F283[(3) Save as respects the matters referred to insubsection (1)(a)and subject tosubsection (3A),subsection (1)shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circum~stances by the Agency or a local authority of a function con~ferred on it by or under this Act.

(3A)Subsection (3)shall not affect the performance by the Minister of functions transferred (whether before or after the passing of the Minister for the Environment and Local Govern~ment (Performance of Certain Functions) Act 2002) to him or her from the Minister for Community, Rural and Gaeltacht Affairs by an order under section 6(1) ofthe Ministers and Sec~retaries (Amendment) Act 1939.]

(4)Whenever the Minister gives a direction under this section, he or she shall—

(a)as soon as may be cause a copy of the direction to be laid before each House of the Oireachtas;

(b)cause a copy of the direction to be transmitted to the Agency or each local authority concerned, as the case may be;

(c)cause to be published in the Iris Oifigiúil a notice of the giving of the direction.

(5)A notice under subsection (4)(c) shall specify where a copy of the direction to which it relates may be obtained and the fee (if any) payable in respect of such a copy (which the Minister is hereby empowered to charge).

61. Detention and forfeiture of certain vehicles and equipment.

61.—(1)(a)Where proceedings are instituted for an offence under section 36, 39 or 51 and those proceedings are to be prosecuted on indictment, a judge of the District Court for the appropriate District Court district may, on application to him or her in that behalf by the local authority in whose functional area the offence is alleged to have been committed, or by the Agency, make an order requiring the defendant in those proceedings to enter into a bond of an amount equal to the value which the judge estimates to be the value of any vehicle or equipment owned by the defendant that is alleged by the local authority or by the Agency to have been used in the commission of the offence.

(b)In this subsection “appropriate District Court district” means the District Court district in which the offence concerned is alleged to have been committed or the defendant concerned resides or carries on business.

(2)If a defendant fails to comply with an order of a judge of the District Court under subsection (1), the judge may (without prejudice to any other means of enforcing the order) make an order authorising the local authority concerned or the Agency to detain any vehicle or equipment in respect of which the first-mentioned order was made pending the determination of the proceedings for the offence concerned.

(3)If a person is convicted on indictment of an offence under section 36, 39 or 51, the court before which the person is convicted may order the forfeiture to the local authority in whose functional area the offence was committed or the Agency of any vehicle or equipment owned by the defendant that was used in the commission of the offence or the amount of any bond entered into by the defendant in compliance with an order under subsection (1).

(4)An order under subsection (3) shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.

(5)A local authority or the Agency may deal with or (as appropriate) dispose of, as it thinks fit, any vehicle or equipment, or the amount of any bond, forfeited to it under subsection (3).

62. Power to give effect to Community acts.

62.—F284[…]

63. Agreements between Agency and other public authorities.

63.—(1)Subject to subsection (2), section 45 of the Act of 1992 shall apply in respect of any functions which may be performed by the Agency under this Act.

(2)Subsection (1) shall not be construed as enabling the Agency to authorise a public authority to perform any functions under Part II or to grant or refuse to grant a waste licence under Part V.

64. Mass balances of specified substances.

64.—F285[…]

65. Amendment of Act of 1992 and Act of 1987.

65.—(1)F286[…]

(2)Section 30 of the Act of 1987 is hereby amended by the substitution, in subsections (1) and (2), for “unless a licence under this Act is in force in relation to the plant”, in each place where those words occur, of the following:

66. Amendment of Local Government (Water Pollution) Act, 1977.

66.—(1)The Local Government (Water Pollution) Act, 1977, is hereby amended by the insertion of the following section after section 26:

(2)Section 3 of the Local Government (Water Pollution) Act, 1977, is hereby amended by the substitution for subsection (3) (inserted by the Local Government (Water Pollution) (Amendment) Act, 1990) of the following subsection:

(3)The Local Government (Water Pollution) (Amendment) Act, 1990, is hereby amended by the insertion of the following section after section 21:

67. Immunity of the Agency and local authorities.

67.—(1)No action or other proceeding shall lie or be maintainable against the Agency or a local authority for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any power or carry out any duty conferred or imposed on the Agency or local authority by or under this Act.

(2)Where a local authority or the Agency is satisfied that any authorised person appointed by that local authority or the Agency, or any officer or employee of that local authority or the Agency, has carried out his or her duties in relation to the performance by that local authority or the Agency of its functions under this Act in a bona fide manner, the local authority or the Agency, as the case may be, shall indemnify the authorised person, officer or other employee against all actions or claims howsoever arising in respect of the carrying out by him or her of his or her said duties.

F287[(3)Subsections (1)and(2)shall not be construed as enabling a local authority or the Agency to avoid the consequences under EU law of any failure to comply with the Community acts given effect to by this Act.]

68. Adaptation of certain references and transitional provisions.

68.—(1)References in any enactment (other than this Act) to a permit under—

(a)the European Communities (Waste) Regulations, 1979,

(b)the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or

(c)the European Communities (Waste Oils) Regulations, 1992,

shall be construed as references to, as appropriate—

(i)such a permit that is for the time being in force by virtue of subsection (6),

(ii)a waste collection permit under Part IV,

(iii)a waste licence under Part V.

(2)F288[…]

(3)The provisions of section 62 of the Act of 1992 shall, in so far as they apply or have effect in relation to a particular landfill facility, cease to have effect upon the grant of a waste licence under section 40 in respect of that facility.

(4)F288[…]

(5)Section 102 of the Act of 1992 is hereby amended by—

(a)the insertion in subsection (1), after “Local Government (Water Pollution) Act, 1977”, of “or a waste management plan under section 22 of the Waste Management Act, 1996”,

(b)the insertion in subsection (2), after “Local Government (Water Pollution) Act, 1977,”, of “or sections 22, 23 and 25 of the Waste Management Act, 1996,”.

(6)(a)A permit issued under the European Communities (Waste) Regulations, 1979, the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or the European Communities (Waste Oils) Regulations, 1992, being a permit to which this subsection applies, shall, notwithstanding the revocation of the said Regulations by this Act, continue in force in accordance with its terms but shall cease to have effect upon, as the case may be—

(i)the grant to the holder of the permit of, as appropriate—

(I)a waste collection permit referred to in paragraph (b), or

(II)a waste licence referred to in the said paragraph, or

(ii)the making of a decision by the Agency or the local authority concerned to refuse to grant to the said holder such a permit or licence.

(b)This subsection applies to an aforesaid permit if—

(i)the holder thereof has applied before the appropriate date referred to in section 39 (1) for the grant of a waste licence, or, as the case may be, applied before the date referred to in section 34 (1) for a waste collection permit, in respect of the activity to which the first-mentioned permit relates, and

(ii)the said application is made in accordance with the requirements of regulations under this Act F289[and has not been withdrawn by the applicant].

F290[(c)A permit which is continued in force by virtue of this subsection shall not cease to have effect solely by reason of the expiry of the period in relation to which the permit was granted andparagraph (a)shall be construed accordingly.]

F291[(7) A reference insubsection (1)or(6)to a waste licence shall be construed as including a reference to a waste permit or such other authorisation or certificate as may be prescribed undersection 39(4).]

69. Transfer of functions in relation to waste licences.

69.—(1)The Minister may by order transfer the functions of the Agency under this Act to a local authority in so far as those functions relate to waste licences authorising the carrying on within the functional area of that local authority of such activity or activities as is or are specified in the order.

(2)An order under this section may contain such ancillary, subsidiary and incidental provisions as the Minister may determine, including provisions modifying or adapting any provision of this Act for the purpose of enabling the order to have full effect.

(3)Without prejudice to the generality of subsection (2), an order under this section may specify terms, conditions and restrictions upon and subject to which a function transferred by the order is to be performed by the local authority to which the function is transferred.

(4)If an order under this section is revoked the functions to which it relates shall thereupon become and be vested in the Agency.

(5)The Minister shall cause an order under this section to be published in the Iris Oifigiúil.

70. Exclusion of certain enactments relating to public health.

70.—Section 107 of the Public Health (Ireland) Act, 1878, and section 27 of the Public Health Acts Amendment Act, 1890, shall not apply in relation to waste within the meaning of this Act.

71. Abandoned vehicles.

71.—(1)A vehicle shall not be abandoned on any land.

(2)Where there is a contravention of subsection (1)—

(a)the person who placed the vehicle at the place where it was abandoned, and

(b)if there is a registered owner of the vehicle and the person aforesaid is not its registered owner, the registered owner,

shall each be guilty of an offence.

(3)In a prosecution for an offence under subsection (2), it shall be a good defence to prove—

(a)that the act complained of constituted the transfer of control of the vehicle concerned to a person, with his or her consent, at a facility provided by or on behalf of that person for the purpose of the recovery or disposal of vehicles (including a facility referred to in section 38 (3)) and that such transfer of control was not effected in contravention of section 32, or

(b)in case the defendant is the registered owner of the vehicle concerned, that the abandonment of the vehicle was not authorised by him or her.

(4)Without prejudice to the provisions of sections 55 (6) and 56, and notwithstanding the provisions of any regulations made under section 97 (inserted by section 63 of the Road Traffic Act, 1968) of the Road Traffic Act, 1961, a local authority may enter on any land upon which a vehicle has been abandoned and remove the said vehicle; a local authority shall not, other than with the consent of the occupier, enter into a private dwelling under this subsection unless it has given to the occupier of the dwelling not less than 24 hours notice in writing of its intended entry.

(5)Where, in relation to a vehicle removed from land by a local authority under subsection (4)—

(a)the local authority is of the opinion that the condition of the vehicle is such that it is capable of being used as a vehicle or can, by the expenditure of a reasonable amount of money, be rendered capable of being so used, and

(b)the local authority can, by reasonable inquiry, ascertain the name and address of the owner of the vehicle,

the local authority shall store or arrange for the storage of the vehicle and shall serve a notice on the owner informing him or her of the removal and storage and of the address of the place where the vehicle may be claimed or recovered, and such a notice shall require the owner to claim or recover it within 2 weeks of the date of the service of the notice and inform him or her of the consequences specified in subsection (7) of his or her failure to do so.

(6)A vehicle to which subsection (5) applies shall be given to a person claiming the vehicle if, but only if, he or she makes a declaration in such form as may be specified by the local authority concerned or in a form to the like effect, stating that he or she is the owner of the vehicle or is authorised by its owner to claim it, and pays to the local authority the amount of the expenditure reasonably incurred by the local authority in respect of the removal and storage of the vehicle.

(7)Where a vehicle is removed from land by a local authority under subsection (4), and—

(a)subsection (5) (a) does not apply in respect of the vehicle, or

(b)the name and address of the owner of the vehicle cannot be ascertained by the local authority by reasonable inquiry, or

(c)the said owner fails to claim the vehicle and remove it from the place where it is stored within 4 weeks of the date on which a notice under subsection (5) has been served on him or her,

the vehicle shall become the property of the local authority.

(8)No action shall lie in respect of anything done in good faith and without negligence in the course of the removal or storage of a vehicle under this section.

(9)A person who makes a declaration under subsection (6) which to his or her knowledge is false or misleading in a material respect shall be guilty of an offence.

(10)For the purposes of this section—

“abandoned”, in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly;

“local authority” includes the corporation of a borough of any kind and the council of an urban district;

“registered owner” has the meaning assigned to it by the Road Traffic Act, 1961.

72. F292[Power to impose environmental levy.

72.—F293[…]]

73. F294[Power to impose landfill levy.

73.—(1) The Minister may, after consultation withF295[such other Minister of the Government, if any, as the Minister considers appropriate], make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as a "landfill levy" and is in this section referred to as the "levy") in respect of—

(a) the carrying on of a specified class or classes of waste disposal activity (being an activity referred to inF296[paragraph D1orD5of theThird Schedule]), or

(b) the disposal by means of a waste disposal activity referred to inF297[paragraph D1orD5of theThird Schedule], or a specified class or classes of such activity, of a specified class or classes of waste, or

(c) subject tosubsection (2), both the carrying on of an activity referred to inparagraph (a)and an activity referred to inparagraph (b).

(2) Regulations undersubsection (1)(c)shall not result in levy being payable twice in respect of a particular disposal of a particular quantity of waste.

F298[(3) The amount of the levy shall be specified in the regulations undersubsection (1)but shall not exceed an amount of€120 for each tonne of waste disposed of.

(3A) The Minister may, subject tosubsections (3)and(3B), amend the amount of the levy standing specified in regulations undersubsection (1)for the purposes of promoting—

(a) the prevention of the generation of waste, and

(b) the reduction of the quantity of waste disposed of by means of an activity referred to insubsection (1),

once and once only in each financial year beginning with the financial year in which the Environment (Miscellaneous Provisions) Act 2011 is passed.

(3B) The Minister shall, when amending the amount of levy standing specified in regulations undersubsection (1), substitute an amount that does not exceed the amount so standing specified by€50.]

(4) Subject tosubsection (3), regulations undersubsection (1)may specify, as respects the amount of the levy payable under them, different such amounts by reference to different activities referred to in any ofparagraphs (a),(b)and(c)ofsubsection (1)in respect of which the levy is so payable.

(5) The levy shall be payable by the person who carries on the waste disposal activity concerned.

F299[(5A) Where any amount of levy becomes payable in accordance with regulations made under this section and is not paid, simple interest on the amount shall be paid by the person liable to pay the levy and such interest shall be calculated from the date on which the levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.

(5B) Interest due in accordance withsubsection (5A)shall be payable to the Environment Fund in the manner specified in the regulations under subsection (1) and the provisions of those regulations relating to the recovery of the levy shall apply to the interest as if it were levy.

(5C) Interest paid in accordance withsubsection (5A)shall be treated as levy for the purposes of—

(a)subsection (8), in relation to provision under that subsection for levy by virtue ofF300[paragraph (n) of section 12 (3) of the Act of 2022], and

F300[(b)section 8 (7) of the Act of 2022.]]

(6) Regulations undersubsection (1)shall—

(a) provide that the levy (not being levy chargeable by virtue of those regulations on the local authority) shall be payable to the local authority in whose functional area the waste disposal activity concerned is carried on, and

(b) confer on that local authority powers with respect to the collection and recovery of the levy (and, for this purpose, the regulations may adapt, with or without modifications, the provisions of any enactment relating to the estimation, collection and recovery of, or the inspection of records or the furnishing of information in relation to, any tax charged or imposed by that enactment).

(7) (a) Regulations undersubsection (1)may, for the purpose mentioned inparagraph (b), restrict the extent to which a local authority may exercise a power to make a charge for the provision by it of any service in circumstances where, in the opinion of the Minister, such exercise is so as to enable the local authority to recoup amounts paid by it by way of levy.

(b) The purpose mentioned inparagraph (a)is ensuring that the exercise of the power referred to in that paragraph does not result in one or more categories of person paying a disproportionate amount of the total amount of charges a local authority could reasonably be expected to make in respect of the provision of services in the circumstances concerned.

(c) For so long as regulations undersubsection (1)restrict the exercise of the power referred to inparagraph (a), the enactment that confers that power shall be construed as if there were contained in it a provision the effect of which is to restrict the exercise of the power in the manner provided by the said regulations.

(8) Regulations undersubsection (1)may provide, in relation to levy under this section, for all the mattersF300[which regulations under section 11 (1) of the Act of 2022 may, by virtue of paragraphs (a), (c), (d) and (i) to (n) of section 12 (3) of that Act,]provide in relation to levy under that section and those paragraphs shall, accordingly, apply for the purposes of this section with any necessary modifications (including such modifications as will enable like provision with respect to the payment into the Environment Fund of amounts received by a local authority on account of levy under this section to be made with respect to levy under this section chargeable on the local authority itself).

(9)F301[…]

(10) A person who fails to—

(a) pay levy which is due and payable by virtue of regulations undersubsection (1), or

(b) comply with a provision of regulations under that subsection,

shall be guilty of an offence.]

73A. F302[Waste recovery levy

73A.—(1) The Minister may, after consultation with such other Minister of the Government, if any, as the Minister considers appropriate, make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as, and in this section is referred to as, a "recovery levy") in respect of—

(a) the carrying on of a specified class or classes of an activity referred to in theFourth Schedule,

(b) the recovery by means of an activity referred to in theFourth Schedule, or a specified class or classes of such activity, of a specified class or classes of waste,

(c) subject tosubsection (2), the carrying on of an activity referred to inparagraph (a)and an activity referred to inparagraph (b), or

(d) the export of waste for recovery in so far as it relates to an activity referred to in any ofparagraphs (a)to(c).

(2) Regulations undersubsection (1)(c)shall not result in the recovery levy being payable twice in respect of a particular recovery of a particular quantity of waste.

(3) The amount of the recovery levy—

(a) shall be specified in the regulations undersubsection (1),

(b) shall not exceed an amount of €120 per tonne, and

(c) may be specified in respect of the amount of waste sent for recovery or the amount of waste recovered.

(4) The Minister may—

(a) for the purposes of promoting either or both of the following:

(i) the prevention of the generation of waste;

(ii) the reduction of the quantity of waste recovered or sent for recovery by means of an activity referred to insubsection (1),

and

(b) subject tosubsection (3)(b)and(5),

amend the amount of the recovery levy standing specified in regulations undersubsection (1)once and once only in each financial year beginning with the financial year in which section 29 of the Act of 2022 comes into operation.

(5) The Minister shall, when amending the amount of recovery levy standing specified in regulations undersubsection (1), substitute an amount that does not exceed the amount so standing specified by €50.

(6) Subject tosubsection (3), regulations undersubsection (1)may specify, in respect of the amount of the recovery levy payable under them, different amounts by reference to different activities referred to in any ofparagraphs (a),(b)and(c)ofsubsection (1)in respect of which the recovery levy is so payable.

(7) The recovery levy shall be payable by—

(a) the person who carries on the waste recovery activity concerned, or

(b) where the waste is to be shipped for recovery, by the waste holder or such class of waste holder as may be prescribed.

(8) Where any amount of recovery levy becomes payable in accordance with regulations made under this section and is not paid, simple interest on the amount shall be paid by the person liable to pay the recovery levy and such interest shall be calculated from the date on which the recovery levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.

(9) Interest due in accordance withsubsection (8)shall be payable to the Circular Economy Fund in the manner specified in the regulations undersubsection (1)and the provisions of those regulations relating to the levy shall apply to the interest as if it were recovery levy.

(10) Interest paid in accordance withsubsection (8)shall be treated as recovery levy for the purposes of—

(a)subsection (15), in relation to provision under that subsection for recovery levy by virtue of paragraph (n) of section 12 (3) of the Act of 2022, and

(b) section 8 (7) of the Act of 2022.

(11) Regulations undersubsection (1)shall—

(a) provide that the recovery levy (not being levy chargeable by virtue of those regulations on the local authority) shall be payable to the local authority in whose functional area the waste recovery activity concerned is carried on, or, where the waste recovery activity is to take place outside of the State, the levy shall be payable to Dublin City Council, and

(b) confer on the local authority referred to inparagraph (a)powers with respect to the collection and recovery of the levy (and, for this purpose, the regulations may adapt, with or without modifications, the provisions of any enactment relating to the estimation, collection and recovery of, or the inspection of records or the furnishing of information in relation to, any tax charged or imposed by that enactment).

(12) Regulations undersubsection (1)may, for the purpose referred to insubsection (13), restrict the extent to which a local authority may exercise a power to make a charge for the provision by it of any service in circumstances where, in the opinion of the Minister, such exercise is so as to enable the local authority to recoup amounts paid by it by way of recovery levy.

(13) The purpose referred to insubsection (12)is that of ensuring that the exercise of the power referred to in that subsection does not result in one or more categories of person paying a disproportionate amount of the total amount of charges a local authority could reasonably be expected to make in respect of the provision of services in the circumstances concerned.

(14) For so long as regulations undersubsection (1)restrict the exercise of the power referred to insubsection (12), the enactment that confers that power shall be construed as if there were contained in it a provision the effect of which is to restrict the exercise of the power in the manner provided by the said regulations.

(15) Regulations undersubsection (1)may provide, in relation to recovery levy, for all the matters which regulations under section 11 (1) of the Act of 2022 may, by virtue of paragraphs (a), (c), (d) and (i) to (n) of section 12 (3) of that Act, provide in relation to levy under section 11 and those paragraphs shall, accordingly, apply for the purposes of this section with any necessary modifications (including such modifications as will enable like provision with respect to the payment into the Circular Economy Fund of amounts received by a local authority on account of recovery levy to be made with respect to recovery levy chargeable on the local authority itself).

(16) A person who fails—

(a) to pay recovery levy which is due and payable by virtue of regulations undersubsection (1), or

(b) to comply with a provision of regulations undersubsection (1),

shall be guilty of an offence.]

74. F303[Environment Fund.

74.—F304[…]]

75. F305[Charges for waste services.

75.—(1) A local authority may make a charge in respect of the provision of any waste service by, or on behalf of, that authority.

(2) A charge made by a local authority undersubsection (1)shall be of such an amount as the authority considers appropriate and shall be payable by and recoverable from the person for whom the service is provided, or, where the service is provided in respect of premises—

(a) in case the premises are not owned by a local authority and comprise more than one dwelling, the owner of the premises, and

(b) in any other case, the occupier of the premises,

and different such charges may be made by such an authority in respect of persons, premises or services of different classes or descriptions or, where the service relates to the collection, recovery or disposal of waste (without prejudice to any other basis for making a charge) in respect of different quantities, volumes or types of waste.

(3) A local authority may, if it is satisfied that it is appropriate so to do on grounds of personal hardship, waive all or portion of a charge made by it undersubsection (1).

(4) Where a charge (or portion thereof) is waived undersubsection (3), the liability of a person to pay that charge (or portion thereof) and any obligation on the local authority by whom the waiver was made to collect the charge (or portion thereof) shall cease.

(5) (a) An amount payable to a local authority on foot of a charge made undersubsection (1)shall be payable either in advance or in such instalments payable on or by such dates as the authority shall determine, and, in default of being paid within two months of becoming payable, may be recovered by the authority as a simple contract debt in any court of competent jurisdiction.

(b) In any proceedings by a local authority pursuant to this subsection a certificate purporting to be signed by an officer of the authority authorised by it for purposes of this subsection and stating any matters relating to the liability of the defendant in the proceedings to pay an amount due on foot of a charge made under this section shall be sufficient evidence of those matters until the contrary is shown.

(c) Such a certificate shall be admitted in evidence in those proceedings without proof of the signature on it, that the signatory was an officer of the authority concerned or that he or she was authorised by it for the purposes of this subsection.

(d) The Minister may make regulations in relation to form and content of the certificate referred to inparagraph (b).

(6) For the avoidance of doubt,subsection (5)authorises a local authority to determine that an amount referred to in that subsection shall be payable in advance of the particular occasion on which a waste service provided by it on a regular basis is provided to a person or in respect of premises and, in particular, that the amount so payable shall be the amount it determines should be payable in respect of each occasion of the service being provided by it.

(7) Where a sum is due to a local authority by a person in respect of a charge made undersubsection (1)and, at the same time, another sum is due by that authority to that person, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.

(8) Notwithstanding the provisions of any order made under any other enactment, the making of a charge in respect of the provision of a waste service and any exercise of the power of waiver undersubsection (3)shall each be an executive function.

(9) A local authority shall not, by resolution, undersection 140 of the Local Government Act 2001give a direction or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, this section and any such resolution purporting to be passed under the said section 140 which contravenes this subsection shall be void.

(10) (a) The manager of a local authority may make an order prescribing that waste placed for the purposes of its being collected by or on behalf of the local authority shall bear evidence, in such a manner or form as is provided in the order, of the payment of any charge that has been made under this section in respect of the collection of the waste.

(b) In so far as there is any inconsistency between the provisions of an order under this subsection and bye-laws made by the local authority concerned undersection 35(1)the provisions of the order shall prevail.

(c) The manager of a local authority may by order amend or revoke an order made by him or her under this subsection (including an order under this paragraph).

(11) In this section—

“dwelling”includes a part of any premises let as a separate dwelling, whether or not the person to whom it is let shares with any other person any accommodation, amenity or facility in connection therewith or any other portion of the premises;

“owner”means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let.]

75A. F306[Powers to make regulations in respect of end-of-waste and by-products processes

75A.—(1) The Minister may make regulations in relation to notifications to the Agency under Regulation 27 or 28 of the European Union (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011) (in this section referred to as a “notification”) and determinations or decisions, as the case may be, further to such notifications.

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

(a) the form and content of a notification under the said Regulation 27 seeking a determination or under the said Regulation 28 seeking a decision and provision may be made for different forms and content for different circumstances or classes of circumstances or for different cases or classes of cases;

(b) the time within which a notification is to be made;

(c) the particulars, including, plans, documents and other information, to be submitted to the Agency for the purposes of the notification and the period within which they are to be submitted;

(d) requirements in relation to the submission by the person making that notification of such additional information or particulars relating to the notification to the Agency, including the period within which such additional information or particulars are to be submitted;

(e) the processing by the Agency of notifications;

(f) requirements in relation to the person making a notification defraying or contributing towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to the notification;

(g) the storage, movement, disposal, or other handling or processing of any material that is the subject of a notification either before or after a determination or decision, as the case may be, is made in respect of the notification;

(h) the nature of materials, including restrictions on particular materials, in respect of which a notification may be made;

(i) the circumstances in which the Agency or other public authority or body, as the case may be, may reject or refuse to consider a notification;

(j) the circumstances in which the Agency may waive the requirement for a notification;

(k) the attachment by the Agency of conditions to a determination or decision;

(l) the establishment and maintenance by the Agency of a register or registers in respect of such materials or classes of materials as may be specified in the regulations, and the conditions to be satisfied in respect of those materials or classes of materials in order to be registered;

(m) such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations.

(3) Regulations made undersubsection (1)may provide for—

(a) the payment of fees,

(b) exemption from the payment of fees, or

(c) the waiver, remission, or refund (in whole or in part) of fees,

and different fees, exemptions, waivers, remissions or refunds may be provided for in different circumstances or classes of circumstances or for different cases or classes of cases.

(4) Where, under regulations made undersubsection (1), a fee is payable in respect of a notification, the notification shall be deemed not to have been made until the date on which the Agency receives the fee.

(5) A person who, in relation to any matter to which regulations under this section relates, makes a statement in writing which, to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

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

76. F307[Transitional provisions consequent on Protection of the Environment Act 2003.

76.—(1) Every waste licence and revised waste licence granted under this Act and in force immediately before the commencement ofsection 53of the Protection of the Environment Act 2003 shall, without prejudice tosubsections (3)and(4),section 49and the other provisions of this Act, continue in force; for the avoidance of doubt, the provisions of this Act as they stand amended by theProtection of the Environment Act 2003, and not as they stood before such amendment, shall apply to such a waste licence.

(2) Every application made under this Act for a waste licence, or the review of a waste licence or a revised waste licence, and every review of a waste licence or revised waste licence commenced by the Agency of its own volition under this Act and not finally dealt with and determined or completed before the commencement ofsection 53of the Protection of the Environment Act 2003, shall continue to be dealt with by the Agency, and be determined or completed by it, as if the application were an application for a waste licence, or the review of a waste licence or a revised waste licence under this Act as it stands amended by the Protection of the Environment Act 2003 or, as the case may be, the review were a review commenced by the Agency of its own volition under this Act as it stands so amended.

(3) The Agency shall, not later than 30 September 2007, have done the following (which, by virtue of this subsection, it has the power to do)—

(a) examined the terms of every waste licence and revised waste licence to whichsubsection (1)applies and for the time being in force and determined whether, having regard to the provisions of Council Directive 96/61/EC of 24 September 1996 andsubsection (4), the waste licence or revised waste licence requires to be reviewed under this Part or be the subject of the exercise of the powers conferred bysubsection (4), and

(b) if—

(i) it has determined that the waste licence or revised waste licence requires to be so reviewed, commenced such a review and exercised the powers conferred on it by this Part consequent on such a review, or

(ii) it has determined that the waste licence or the revised waste licence does not require to be so reviewed andsubsection (4)does not apply and, accordingly, that no further action is required, declared in writing that it is of that opinion.

(4) If the bringing into conformity with Council Directive 96/61/EC of 24 September 1996 of a waste licence or revised waste licence to whichsubsection (1)applies can, in the opinion of the Agency, be achieved by amending one or more conditions of the licence (and the making of those amendments will not significantly alter the character of the licence) then, unless the Agency considers it ought nevertheless, in the public interest or because of other special considerations, carry out the review and exercise the powers referred to insubsection (3)(b)(i)in relation to the licence, the Agency shall have made, not later than 30 September 2007, those amendments of the conditions of the waste licence or revised waste licence (which, by virtue of this subsection, it has power to do).]

76A. F308[Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.

76A.~—(1) In this section—

“earlierPart V”meansPart Vas it had effect before the coming into operation of the European Union (Industrial Emissions) Regulations 2013;

“licence or revised licence”means a licence or revised licence under Part IV of the Act of 1992.

(2) On or after 7 January 2014 a person shall not carry on an activity to whichsubsection (3)applies unless—

(a) on the coming into operation of this section a waste licence or revised waste licence under the earlierPart Vis in force in relation to the activity, or

(b) in respect of the activity—

(i) on the coming into operation of this section an application has been made to the Agency under the earlierPart Vfor a waste licence or revised waste licence and the requirements of regulations made undersection 45in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and

(ii) on or before 7 January 2014—

(I) a waste licence or revised waste licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject tosubsection (6), is granted if required, under the earlierPart Vor, as the case may be, Part IV of the Act of 1992, and

(II) the licensee concerned commences carrying on the activity.

(3)Subsection (2)applies to any of the following activities:

(a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EU^11of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as“Directive 2008/1/EC”) applies to the activity;

(b) an activity specified in paragraph 11.4(a)(i) or (ii) or paragraph 11.5 of the First Schedule to the Act of 1992.

(4) On or after 7 July 2015 a person shall not continue to carry on an activity to whichsubsection (5)applies unless—

(a) on the coming into operation of this section a waste licence or revised waste licence granted under the earlierPart Vis in force in relation to that activity, or

(b) in respect of the activity—

(i) on the coming into operation of this section an application has been made to the Agency under the earlierPart Vfor a waste licence or revised waste licence and the requirements of regulations made undersection 45in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and

(ii) on or before 7 July 2015—

(I) a waste licence or revised waste licence licence, or, as the case may be, a licence or revised licence, on foot of the application referred to insubparagraph (i), subject tosubsection (7), is granted if required, under the earlierPart Vor, as the case may be, Part IV of the Act of 1992, and

(II) the licensee concerned commences carrying on the activity.

(5)Subsection (4)applies to any of the following activities:

(a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EC does not apply to the activity;

(b) an activity specified in paragraph 11.4(a)(iii), 11.4(a)(iv), 11.4(a)(v), 11.4(b), 11.6 or 11.7 of the First Schedule to the Act of 1992.

(6)(a) Where an application to whichsubsection (2)(b)refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlierPart V.

(b) Where an application to whichsubsection (2)(b)refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.

(7)(a) Where an application to whichsubsection (4)(b)refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlierPart V.

(b) Where an application to whichsubsection (4)(b)refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.

(8) A waste licence or revised waste licence referred to insubsection (2)(a)in force on the coming into operation of this section or(2)(b)and granted in accordance withsubsection (6)(a)under the earlierPart V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—

(a) examined the terms of every waste licence and revised waste licence referred to insubsection (2)(a)or(2)(b)which was granted under the earlierPart Vand determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and

(b) if—

(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance withsubsection (11), or

(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(9) A waste licence or revised waste licence referred to insubsection (4)(a)in force on the coming into operation of thissection or (4)(b)and granted, in accordance withsubsection (7)(a)under the earlierPart V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—

(a) examined the terms of every waste licence and revised waste licence referred to insubsection (4)(a)or(4)(b)which was granted under the earlier Part V and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and

(b) if—

(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance withsubsection (11), or

(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.