Environment (Miscellaneous Provisions) Act 2015

Environment (Miscellaneous Provisions) Act 2015 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2015 Environment (Miscellaneous Provisions) Act 2015 Environment (Miscellaneous Provisions) Act 2015 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 29 of 2015 Environment (Miscellaneous Provisions) Act 2015 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Amendment of Bourn Vincent Memorial Park Act 1932

Chapter 1

Interpretation for Part 2

Section 3

Chapter 2

Transfer

Section 4

Section 5

Chapter 3

Provisions consequent upon transfer of functions under section 4

Section 6

Section 7

Section 8

Section 9

Chapter 4

Amendment of Act of 1932

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

PART 3

Amendment of Finance (Excise Duties) (Vehicles) Act 1952

Section 17

PART 4

Amendment of Air Pollution Act 1987

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

PART 5

Amendment of Environmental Protection Agency Act 1992

Section 27

Section 28

Section 29

Section 30

PART 6

Amendment of Finance (No. 2) Act 1992

Section 31

Section 32

PART 7

Amendment of Waste Management Act 1996

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

Section 42

Section 43

PART 8

Amendment of Section 6 of Local Government Act 1998

Section 44

PART 9

Amendment of Dog Breeding Establishments Act 2010 and Control of Dogs Act 1986

Section 45

Section 46

PART 10

Water Charges

Section 47

Section 48

Section 49

Section 50

Section 51

PART 1

Preliminary and General Short title, construction and commencement 1. (1) This Act may be cited as the Environment (Miscellaneous Provisions) Act 2015.

Definitions 2. In this Act— “Act of 1932” means the Bourn Vincent Memorial Park Act 1932 ; “Act of 1987” means the Air Pollution Act 1987 ; “Act of 1992” means the Environmental Protection Agency Act 1992 ; “Act of 1996” means the Waste Management Act 1996 .

PART 2

Amendment of Bourn Vincent Memorial Park Act 1932

Chapter 1

Interpretation for Part 2 Interpretation for Part 2 3. In this Part— “appointed day” has the meaning given to it by section 4

Chapter 2

Transfer Transfer of functions to Minister for Arts, Heritage and the Gaeltacht 4. (1) The functions referred in sections 3(1), 4, 5, 6(4), 10, 11, 12, 13, 14, 15 and 21, and, in so far as it relates to payment into or disposal of for the benefit of the Exchequer of moneys received, section 3(2) of the Act of 1932 are transferred to the Minister for Arts, Heritage and the Gaeltacht.

Construction of references 5. References to any Minister or to the Commissioners contained in any enactment (other than this Act) and relating to any functions transferred under section 4 shall be construed as references to the Minister for Arts, Heritage and the Gaeltacht.

Chapter 3

Provisions consequent upon transfer of functions under section 4 Transfer of land and other property 6. (1) On the appointed day, all the lands and property (other than chattels personal) referred to in section 5(1) of the Act of 1932 shall, without any conveyance or assignment, stand vested in the Minister for Arts, Heritage and the Gaeltacht for the purpose referred to in that section and for all the estate or interest therein but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

Transfer of rights and liabilities, and continuation of leases, licences and permissions 7. (1) All rights and liabilities arising by virtue of any contract or commitment (expressed or implied), entered into in the performance of the functions transferred by virtue of section 4 before the appointed day, shall on that day stand transferred to the Minister for Arts, Heritage and the Gaeltacht.

Liability for loss occurring before appointed day 8. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the appointed day, of the functions transferred to the Minister for Arts, Heritage and the Gaeltacht by virtue of section 4 shall, on and after that day, lie against that Minister and not against another person.

Provisions consequent upon transfer of functions, assets and liabilities 9. (1) Anything commenced and not completed before the appointed day in so far as it relates to a function transferred to the Minister for Arts, Heritage and the Gaeltacht by virtue of section 4 , may be carried on or completed on or after the appointed day by the Minister for Arts, Heritage and the Gaeltacht.

Chapter 4

Amendment of Act of 1932 Amendment of section 3 of Act of 1932 10. Section 3 of the Act of 1932 is amended by the substitution of the following for subsection (1): “(1) All expenses incurred by the Minister in the administration of this Act, to such extent as shall be sanctioned by the Minister for Public Expenditure and Reform, shall be paid out of moneys provided by the Oireachtas.”.

Amendment of section 11 of Act of 1932 11. Section 11 of the Act of 1932 is amended by the deletion of “, but such management and control and all other duties and powers imposed on or vested in the Commissioners in relation to the Park by this Part of this Act or otherwise shall be performed and exercised by the Commissioners, subject to and in accordance with the general directions of the Minister”.

Amendment of section 12 of Act of 1932 12. Section 12 of the Act of 1932 is amended by— (a) in subsection (1), the deletion of “, subject to the sanction (either general or particular) of the Minister,”, and (b) in subsection (2), the deletion of “, with the sanction (either general or particular) of the Minister,”.

Amendment of section 13 of Act of 1932 13. Section 13 of the Act of 1932 is amended by— (a) in subsection (1), the deletion of “, with the approval of the Minister,”, and (b) in subsection (3), the deletion of “, with the sanction of the Minister,”.

Amendment of section 14 of Act of 1932 14. Section 14 of the Act of 1932 is amended in subsection (1) by the deletion of “, subject to the approval of the Minister,”.

Amendment of section 21 of Act of 1932 15. Section 21 of the Act of 1932 is amended by— (a) in subsection (1), the deletion of— (i) “, with the sanction (either general or particular) of the Minister,” and (ii) “, or for any other purposes whatsoever which shall be particularly sanctioned by the Minister”, (b) in subsection (2), the deletion of— (i) “, with the sanction (either general or particular) of the Minister,” in both places where it occurs, and (ii) “, with the particular sanction of the Minister,”.

Repeal of section 20 of Act of 1932 16. Section 20 of the Act of 1932 is repealed.

PART 3

Amendment of Finance (Excise Duties) (Vehicles) Act 1952 Amendment of Finance (Excise Duties) (Vehicles) Act 1952 17. The Finance (Excise Duties) (Vehicles) Act 1952 is amended— (a) in section 1, by inserting after subsection (3) the following: “(3A) For the purposes of the description of any vehicle specified in Part I of the Schedule or in respect of any vehicle specified in subsection (4), the Minister may by regulations prescribe the following: (a) the physical characteristics required of the vehicle; (b) the dimensions or proportions of any fittings, fixtures or attachments to the vehicle— (i) relating to the dimensions of such fittings, fixtures or attachments themselves, or (ii) in relation to such dimensions relative to the height or width of the vehicle; (c) the use or uses to which the vehicle may be put or limited; (d) any documentation required to support a claim for a particular rate of duty.”, and (b) in Part I (as amended by section 4 of the Motor Vehicle (Duties and Licences) Act 2013 ) of the Schedule, in paragraph 4, by substituting for clause (e) the following: “(e) a motor caravan, being a vehicle which is designed, constructed or adapted to provide temporary living accommodation which has a minimum interior height as may be prescribed and measured in such manner as may be prescribed and, in respect of which vehicle, such design, construction or adaptation incorporates the following permanently fixed equipment and fittings— (i) a sink unit, (ii) cooking equipment of not less than a hob with 2 rings or such other cooking equipment as may be prescribed, (iii) fitted storage with a maximum dimension as may be prescribed in regulations by the Minister, and (iv) any other equipment or fittings as may be prescribed in regulations by the Minister, and where such equipment and fittings comprise a proportion of the interior area of the vehicle as may be prescribed in regulations by the Minister,”.

PART 4

Amendment of Air Pollution Act 1987 Amendment of section 7 of Act of 1987 18. Section 7 of the Act of 1987 is amended by— (a) the insertion of the following definitions: “ ‘Agency’ means the Environmental Protection Agency; ‘fuel activity’ has the meaning given to it by section 22A; ‘fuels register’ means the register established and maintained under section 22A;”, and (b) in the definition of “authorised person” by the insertion of “(other than in section 12B or 12C or Part IC)” after “means”.

Amendment of section 12 of Act of 1987 19. Section 12 of the Act of 1987 is amended by— (a) the insertion of “(other than an offence referred to in subsection (1A))” after “under this Act”, and (b) the insertion of the following subsection after subsection (1): “(1A) A person guilty of a relevant offence, within the meaning of section 12A(6), shall be liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 6 months or both.”.

Amendment of section 12A of Act of 1987 20. Section 12A of the Act of 1987 is amended by— (a) in subsection (1) — (i) the deletion of “and is liable to summary prosecution in respect thereof”, and (ii) the substitution of “in this section” for “in this Act”, (b) in subsection (3), the deletion of “summary”, (c) the substitution of the following subsection for subsection (4): “(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is— (a) €1,000, where the relevant offence consists of a contravention of regulation 5(1) of the Fuel Regulations, (b) €500, where the relevant offence consists of a contravention of regulation 5(2)(a), 5(2)(b), 5(4)(b), or 7(1)(c) of the Fuel Regulations, or (c) €250, where the relevant offence consists of a contravention of regulation 5(5) or 7(1)(d) of the Fuel Regulations.”, and (d) the substitution of the following subsection for subsection (6): “(6) In this section— ‘Fuel Regulations’ means the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ); ‘relevant offence’ means an offence under section 11 consisting of a contravention of regulation 5(1), 5(2)(a), 5(2)(b), 5(4)(b), 5(5), 7(1)(c) or 7(1)(d) of the Fuel Regulations.”.

Fixed payment notice for certain offences relating to paints, varnishes and vehicle refinishing products or activities 21. The Act of 1987 is amended by the insertion of the following section after section 12A: “12B. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence, the authorised person may give to the person a notice (in this section referred to as a ‘fixed payment notice’) in writing and in the prescribed form stating that— (a) the person is alleged to have committed that offence, (b) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice, (c) the person is not obliged to make the payment specified in the notice, and (d) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

Fixed payment notice for offence relating to organic solvents 22. The Act of 1987 is amended by the insertion of the following section after section 12B (inserted by section 21 ): “12C. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence the authorised person may give to the person a notice (in this section referred to as a ‘fixed payment notice’) in writing and in the prescribed form stating that— (a) the person is alleged to have committed that offence, (b) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice, (c) the person is not obliged to make the payment specified in the notice, and (d) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

Amendment of section 14 of Act of 1987 23. Section 14 of the Act of 1987 is amended by— (a) in subsection (1) — (i) the insertion of “or vehicle” after “any premises”, and (ii) the substitution of “into the premises or vehicle” for “therein”, (b) the insertion of the following subsections after subsection (1): “(1A) An authorised person may, for any purpose connected with this Act, require a person in control of a stationary vehicle to refrain from moving it. (1B) An authorised person may, if accompanied by— (a) a member of the Garda Síochána in uniform, or (b) an officer of the Revenue Commissioners in uniform authorised by them to exercise powers conferred by the Customs Acts or the statutes which relate to the duties of excise, require the person who for the time being is in control of a vehicle to bring it to a stop for any purpose connected with this Act. (1C) Where the purpose referred to at subsection (1A) or (1B) comprises an inspection or search of the vehicle and the place at which the member or officer finds the vehicle is, in the reasonable opinion of the member or officer, unsuitable for such inspection or search, the member or officer may require such person forthwith to take the vehicle or cause it to be taken to a place which the member or officer considers suitable for such inspection or search and which is specified by that member or officer.”, (c) in subsection (4) — (i) the insertion of “or vehicle” after “any premises”, (ii) in paragraph (a), the insertion of “or searches” after “such inspections”, and (iii) in paragraph (c), the insertion of “, or from the owner of or person who for the time being is in control of the vehicle,” after “on the premises”, (d) in subsection (6), the insertion of “or vehicle” after “any premises”, (e) in subsection (6A), the substitution of “the premises or vehicle” for “the place”, and (f) the insertion of the following subsection after subsection (8): “(9) In this section ‘vehicle’ means any conveyance in or by which any person or thing, or both, is or are, as the case may be, transported which is designed for use on land, in water or in the air, or in more than one of those ways, and includes— (a) a part of a vehicle, (b) an article designed as a vehicle but not capable of functioning as a vehicle, (c) any container, trailer, tank or any other thing which is or may be used for the storage of goods in the course of carriage and is designed or constructed to be placed on, in, or attached to, any vehicle.”.

Part IA of Act of 1987 24. (1) The Act of 1987 is amended by the insertion of the following Part after Part I: “PART IA Fuels Register Registration on fuels register 22A.(1) The Agency shall— (a) cause to be established a register (in this section referred to as the ‘fuels register’) of persons who produce, treat, import, place on the market, distribute, store or sell fuel of any type or description, or who carry on any combination of those activities (in this section referred to as a ‘fuel activity’), (b) enter in the fuels register the name of every person specified under section 53(1)(ca) (in this Part referred to as a ‘specified person’) granted registration by the Agency, the address at which or the area within which the fuel activity is carried on and any other information that it considers appropriate, (c) maintain the fuels register, and (d) if necessary divide the fuels register into divisions for different classes of person.

Tax clearance certificate 22B. (1) A person registered on the fuels register and not in possession of a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 shall, as soon as practicable, so notify the Agency in writing.

Appeals relating to fuels register 22C. (1) The Agency, with the consent of the Minister, may appoint a person who in the opinion of the Agency has the relevant knowledge and experience in relation to fuel activities and air pollution, and procedures relating to registration and inspections, to be an appeals officer for the purposes of this section (in this section referred to as an ‘appeals officer’), who shall be independent in the performance of his or her functions under this section.

Removal from fuels register 22D. (1) If, upon an application by the Agency under this section, the District Court considers that the removal of a person from the fuels register is necessary by reason of the commission by the person of an offence under this Act or, the contravention by the person of a provision of this Act or regulations made under this Act such that the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution, the court shall make an order directing the Agency to remove the person from the fuels register.

Further matters relating to fuels register 22E.(1) As soon as practicable following the registration of a specified person on the fuels register, the Agency shall issue to that person a document containing a registration number relating to the registration and the information entered in the fuels register.

Authorised person for purpose of fuels register 22F.(1) An authorised person shall have and may exercise all the powers conferred on an authorised person under section 13 of the Environmental Protection Agency Act 1992 for any purpose connected with the functions conferred on the Agency under sections 22A to 22E.

Amendment of section 34 of Act of 1987 25. (1) Section 34 of the Act of 1987 is amended by— (a) in subsection (1), the substitution of “the Agency” for “An Bord Pleanála”, and (b) in subsection (2), the substitution of “The Agency” for “An Bord Pleanála”.

Amendment of section 53 of Act of 1987 26. Section 53 of the Act of 1987 is amended by— (a) in subsection (1) — (i) the substitution of “Minister following such consultation with the Agency as he or she considers necessary,” for “Minister,”, (ii) in paragraph (c), the substitution of “placing on the market, distribution, storage or sale”, for “placing on the market, distribution or sale”, and (iii) the insertion of the following paragraph after paragraph (c): “(ca) the requirement for a specified person or persons of a class carrying on a specified fuel activity or class of fuel activity to register on the fuels register;”, (b) in subsection (2)(a), the substitution of “sale, distribution, storage, use” for “sale, distribution, use”, (c) the insertion of the following subsection after subsection (2): “(3) Without prejudice to the generality of subsection (1)(ca), regulations relating to the fuels register may— (a) prohibit the carrying on of a specified fuel activity or class of fuel activity by a specified person or person of a class unless the person is registered on the fuels register; (b) specify conditions to be satisfied by a specified person or person falling within a class of persons carrying on a specified fuel activity before being entered on the fuels register including conditions relating to— (i) the information to be furnished to the Agency, (ii) the nature, scale or location of the fuel activity being carried on, and (iii) the suitability for purpose of premises or vehicle where specified fuel activity is carried on, (c) provide for the fee to accompany an application under section 22A(2) to be entered on the fuels register, and (d) provide for conditions attaching to continued registration on the fuels register including conditions relating to— (i) the period of time for which registration shall have effect, (ii) the nature, scale or location of the fuel activity to which the registration relates, (iii) the notification of the Agency of any change to the nature, scale or location of fuel activity being carried on or to the premises or vehicle concerned, and (iv) the display of the registration number issued by the Agency under section 22E or other information or its production to specified persons.”.

PART 5

Amendment of Environmental Protection Agency Act 1992 Amendment of section 3 of Act of 1992 27. Section 3(1) of the Act of 1992 is amended in the definition of “integrated pollution control activity” by the insertion of “8.8,” after “8.6.2,”.

Amendment of section 82A of Act of 1992 28. Section 82A(5) of the Act of 1992 is amended by the substitution of the following paragraph for paragraph (e): “(e) an activity specified in paragraph 8.3, 8.7 or 13.6 of the First Schedule.”.

Amendment of section 99A of Act of 1992 29. Section 99A of the Act of 1992 is amended by— (a) in subsection (1) — (i) the substitution of the following paragraph for paragraph (b): “(b) reviews of licences or revised licences carried out under section 90(1)(b),”, (ii) in paragraph (l), the substitution of “under section 106,” for “under section 106, or”, and (iii) the insertion of the following paragraphs after paragraph (m): “(n) reviews of licences or revised licences carried out under section 90(1)(a), (o) reviews of licences or revised licences carried out under section 90(1)(aa), (p) reviews of licences or revised licences carried out under section 90(4), (q) reviews of licences or revised licences carried out under section 90(5), or (r) notwithstanding section 96(2), amendments of licences or revised licences under section 96(1).”, (b) the substitution of the following subsection for subsection (3): “(3) Regulations under paragraph (a), (b), (c), (n), (o), (p), (q) or (r) of subsection (1) shall not be made otherwise than with the consent of the Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation.”, and (c) the insertion of the following subsection after subsection (3): “(4) The Agency may recover any amount due and owing to it under this section from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.”.

Amendment of First Schedule to Act of 1992 30. The First Schedule to the Act of 1992 is amended by— (a) in subparagraph (4) of the paragraph headed “Interpretation”, the insertion of “8.8,” after “8.6.2,”, (b) the substitution of the following paragraph for paragraph 8.1: “8.1 The production of paper or cardboard with a production capacity exceeding 20 tonnes per day.”, (c) the insertion of the following paragraph after paragraph 8.7: “8.8 Other than wood-based panels referred to in paragraph 8.7, the production of one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 20 tonnes per day.”, and (d) in paragraph 11.4(a), the substitution of “following activities (other than activities to which the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) apply)” for “following activities”.

PART 6

Amendment of Finance (No. 2) Act 1992 Amendment of section 20 of Finance (No. 2) Act 1992 31. (1)

Section 20

of the Finance (No. 2) Act 1992 is amended— (a) in clause (I) of subparagraph (i) of subsection (1)(b) by substituting “21 days” for “ten days”, and (b) in clause (III) of subparagraph (i) of subsection (1)(b) by substituting “21 days” for “ten days”.

Amendment of section 20B of Finance (No. 2) Act 1992 32. (1) Section 20B of the Finance (No. 2) Act 1992 is amended— (a) in paragraph (i) of subsection (5)(a) by substituting “21 days” for “ten days”, and (b) in paragraph (iii) of subsection (5)(a) by substituting “21 days” for “ten days”.

PART 7

Amendment of Waste Management Act 1996 Amendment of section 5 of Act of 1996 33. Section 5 of the Act of 1996 is amended in the definition of “authorised person” by the insertion of “(other than in section 10A)” after “means”.

Amendment of section 10 of Act of 1996 34. Section 10 of the Act of 1996 is amended by— (a) in subsection (1)(a), the substitution of “class A fine” for “fine not exceeding €3,000”, and (b) in section 10(2) — (i) the insertion of “34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7)(d), to a waste collection permit, 34(10A), 34A(13) ” after “33(8) ”, and (ii) the substitution of “class A fine” for “fine not exceeding €3,000”.

Fixed payment notice for certain offences relating to producer responsibility 35. The Act of 1996 is amended by the insertion of the following section after section 10: “10A. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence the authorised person may give to the person a notice (in this Act referred to as a ‘fixed payment notice’) in writing and in the prescribed form stating that— (a) the person is alleged to have committed that offence, (b) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned or the Agency, as appropriate, at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice, (c) the person is not obliged to make the payment specified in the notice, and (d) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

Fixed payment notice for certain offences relating to waste collection permit 36. The Act of 1996 is amended by the insertion of the following section after section 10A: “10B. (1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under section 34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7)(d), to a waste collection permit, the authorised person may give to the person a notice in writing (in this Act referred to as a ‘fixed payment notice’) in the prescribed form stating that— (a) the person is alleged to have committed that offence, (b) the person may, during the period of 21 days beginning on the date of the notice make to the local authority concerned at the address specified in the notice a payment of €500 in respect of that offence, accompanied by the notice, (c) the person is not obliged to make the payment specified in the notice, and (d) a prosecution of the person to whom the notice is given in respect of the offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

Amendment of section 34 of Act of 1996 37. Section 34 of the Act of 1996 is amended by— (a) in subsection (1) — (i) in paragraph (a), the substitution of “collect or transport waste” for “collect waste”, (ii) in paragraph (aa), the substitution of “the functions under this section or section 34A in relation to waste collection permits or review of waste collection permits” for “the functions under this section in relation to waste collection permits”, and (iii) in paragraph (b) — (I) the substitution of “collection or transport of waste” for “collection of any class or classes of waste”, and (II) the substitution of “collection or transport” for “collection” in the next 2 places where it occurs, (b) the insertion of the following subsection after subsection (1): “(1A) In this section— ‘waste’ means different waste, including household waste, or a class or classes of waste as may be prescribed; ‘household waste’ means different household waste or a class or classes of household waste as may be prescribed.”, (c) in subsection (2)(a), the substitution of “collection or transport of hazardous waste” for “collection of hazardous waste”, (d) the substitution of the following subsection for subsection (4): “(4) A local authority shall not grant a waste collection permit unless it is satisfied that— (a) the applicant is a fit and proper person within the meaning of section 34D to hold a waste collection permit, and (b) the activity concerned would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and the implementation of that plan.”, (e) in subsection (5)(a) — (i) the substitution of “(3) and (4) ” for “(3), (4) and (6) ”, and (ii) the insertion of “under section 34A” after “may be revoked”, (f) the deletion of subsection (6), (g) the substitution of the following subsection for subsection (7): “(7) (a) Conditions attached to a waste collection permit shall specify the requirements to be complied with by the holder of the permit (‘permit holder’) in respect of the activities to which the permit relates (‘activities concerned’). (b) Conditions may, or, if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following: (i) weighing of household waste collected or transported;

(ii) reporting of the weight of household waste collected or transported to the person who presents the household waste for collection being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste (‘person who presents household waste for collection’); (iii) subject to paragraph (f)(i) and (ii), charging of fees for household waste collection or transport services; (iv) in relation to collection of household waste, preparing and publishing a customer charter and its form and content; (v) providing information to the person who presents household waste for collection that identifies the vehicle used for that collection; (vi) requiring that waste is segregated before it can be collected or transported; (vii) providing separate receptacles for different household waste; (viii) collection or transport of different household waste at specified frequencies; (ix) with regard to persons from whom household waste is collected by an authorised waste collector, providing the following information to the local authority, when requested to do so under section 18, regarding collections of household waste from those persons— (I) details of the collection of separate classes of household waste, (II) details of persons who choose not to partake in the collection of separate classes of household waste, (III) details of when household waste was last collected, and (IV) written confirmation of the structure of the fees being charged to the person from whom the waste is collected, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection of household waste. (c) Conditions may, or if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall also be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following: (i) waste which may be collected; (ii) separate collection of waste; (iii) prohibition of certain practices by a permit holder in order that waste which has been segregated prior to collection or transport does not become unsuitable for recycling or recovery; (iv) the place to which waste is required to be delivered for preparation for reuse, recovery or disposal; (v) methods, receptacles (including skips and skip bags) and vehicles to be employed by a permit holder in the collection or transport of waste, including requirements regarding dimensions of receptacles, care and disposal of the contents of the receptacles, the periods during which receptacles may be left in a public place, the locations from which different receptacles may be collected, the supervision by the permit holder of their use and the restriction to such persons as may be prescribed of the placing in or removal from any place of receptacles;

(vi) the display of identifying marks or colours on a receptacle or vehicle referred to in subparagraph (v); (vii) complying with technical, environmental, inspection or safety measures or standards (including standards regarding the presentation, segregation, weighing, packaging or labelling of waste); (viii) keeping and preserving of records and supplying information to the local authority, or any other person as may be prescribed, in relation to the activities concerned; (ix) effecting and maintaining a policy of insurance insuring the permit holder as respects any liability on his or her part to pay damages or costs on account of injury to a person or property arising from the activities concerned; (x) matters consequent on measures that may be taken under section 35; (xi) matters consequent on measures that may be taken under Part II; (xii) matters consequent on giving effect to Community Acts; (xiii) information to be furnished to customers (including providing information to customers on the presentation, segregation, packaging or labelling of waste or the charges payable for its collection or transport); (xiv) matters consequent on the implementation and demonstration of the implementation of the waste hierarchy referred to in section 21A; (xv) undergoing specified training in relation to the activities concerned; (xvi) inspecting and acceptance of waste by a permit holder; (xvii) effecting and maintaining an environmental management system, within the meaning of section 27, in respect of the activities concerned; (xviii) the hours between which waste concerned may be collected in specified areas; (xix) effecting and maintaining a customer complaint management system; (xx) preventing the occurrence of littering from vehicles in the course of the activities concerned; (xxi) having information, in such form as may be specified in a waste collection permit, to accompany and be carried in the vehicle transporting the waste; (xxii) as respects contamination that may be caused by the incorrect separation of household waste from other waste in receptacles for segregated household waste— (I) monitoring by a permit holder of levels of contamination, (II) recording and maintaining specified data on levels of contamination, (III) training to be provided for staff of a permit holder in relation to monitoring contamination, or (IV) protocols and procedures where contamination is detected by the collector, including for informing the person who presents household waste for collection or non-collection of the receptacle.

(d) Conditions shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following: (i) collection only of a European Waste Catalogue waste type specified on the waste collection permit; (ii) deposit of waste only at a facility specified on the waste collection permit; (iii) use only of a vehicle specified on the waste collection permit for the collection of waste; (iv) carrying of a copy, in a form specified in the permit, of the waste collection permit on each vehicle; (v) display of the permit holder name or number on promotional material, vehicles, skips, receptacles or bags of the permit holder; (vi) submission of specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit; (vii) where a weighing system is used to determine weight-based collection charges, submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ), in such form that may be specified on the waste collection permit. (e) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer or by the current or previous waste holders, shall make regulations prescribing a requirement for attachment of a condition to a waste collection permit that a permit holder shall charge fees for the collection or transport of household waste. (f) Regulations under paragraph (e) shall provide for the means by which fees for collection or transport of household waste shall be calculated by a permit holder and shall require a permit holder to— (i) charge a fee for each kilogramme of household waste collected or transported which fee shall only be calculated by reference to weight of household waste collected and transported, and for the avoidance of doubt, methods of calculation of a fee based on pay by lift or throw, tags or a flat-rate shall not be considered to be calculated by reference to weight of waste collected, (ii) charge a service fee, as considered appropriate by the permit holder (including a nil fee), in addition to the fee referred to in subparagraph (i), (iii) demonstrate by prescribed means if the fees charged for collection or transport of waste incentivise household waste prevention and household waste segregation, and

(iv) furnish to an authorised person, information in a prescribed form, regarding the billing system used by the permit holder in respect of fees referred to under subparagraph (i) or (ii). (g) (i) For the purposes of paragraph (f)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its collection from the person who presented that waste for collection, its delivery to an authorised facility by a permit holder and its final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste. (ii) The Minister shall review the costs of managing household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i). (iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under subparagraph (i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.”, (h) in subsection (8)(b) — (i) in subparagraph (i), the deletion of “, or amend any conditions that it has attached to,”, (ii) in subparagraph (ii), the deletion of “, or revoke,” and (iii) the deletion of “or its holder, as the case may be,”, (i) in subsection (9) — (i) in paragraph (a), the deletion of “, or the holder of,”, and (ii) in paragraph (b), the deletion of— (I)“or revocation”, and (II)“or the amendment of conditions attached to such a permit”, (j) the insertion of the following subsection after subsection (10): “(10A) A person who, under this section furnishes information to a local authority which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.”, and (k) in subsection (11)(b) — (i) the insertion of the following subparagraph after subparagraph (i): “(ia) prescribing a class or classes of waste or household waste for purposes of a waste collection permit or conditions that may or shall be attached to that permit, including by reference to the nature or quantity of the waste, its presentation for collection or whether it is to be segregated;”, (ii) the substitution of the following subparagraph for subparagraph (v):

“(v) requiring a local authority to attach specified conditions to a permit, including a condition referred to in subsection (7)(b) or (c) ;”, (iii) the insertion of the following subparagraph after subparagraph (vi): “(via) for the purposes of subsection (7), prescribing any matter referred to in that subsection as prescribed or to be prescribed;”, (iv) the deletion of subparagraph (vii), (v) in subparagraph (x), the substitution of “application;” for “application.”, and (vi) the insertion of the following subparagraph after subparagraph (x): “(xi) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of this section and the regulations.”.

Review of waste collection permit 38. The Act of 1996 is amended by the insertion of the following section after section 34: “34A. (1) A local authority may review a waste collection permit, or a waste collection permit amended under this section— (a) at any time after the permit was granted or amended, or (b) on an application in that behalf being made by the holder of the permit (‘permit holder’).

Insertion of sections 34B to 34D in Act of 1996 39. The Act of 1996 is amended by the insertion of the following sections after section 34A (inserted by section 38 ): “Transfer of a waste collection permit 34B. (1) In this section and sections 34C and 34D ‘nominated authority’ means a local authority nominated under section 34(1)(aa)(ii).

Information required by authorised persons or nominated authority 34C.(1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to in subsection (7) request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to in subsection (3), as is specified in the notice (in this section referred to as the ‘specified information’).

Fit and proper person 34D. (1) For the purposes of sections 34, 34A and 34B a person is a fit and proper person if— (a) neither that person nor any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate, has been convicted— (i) summarily of an offence under— (I) subsection (6) of section 32 consisting of a contravention of subsection (1) of that section, or (II) section 55(8), or (ii) on indictment of an offence under this Act, the Environmental Protection Agency Acts 1992 to 2011, the Local Government (Water Pollution) Acts 1977 to 2007, or the Air Pollution Acts 1987 and 2011, (b) in the reasonable opinion of the nominated authority, that person or, as appropriate, any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate has the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act, (c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity, (d) that person has not had a waste collection permit revoked under section 34A, other than where the permit was surrendered, and (e) that person has not had an order made against him or her under section 57 or 58.

Amendment of section 39 of Act of 1996 40. Section 39 of the Act of 1996 is amended by— (a) in subsection (4), the insertion of “including a class or classes of household waste” after “class or classes of waste”, (b) in subsection (5) — (i) the insertion of the following paragraphs after paragraph (a): “(aa) the nature or quantity of the waste, who delivers it for disposal or recovery or whether it is segregated, (ab) a specified class or classes of facility where waste shall be delivered for disposal or recovery, (ac) a specified class or classes of activity that shall be carried out at a place where waste shall be delivered for disposal or recovery,”, (ii) in paragraph (g), the substitution of “pollution,” for “pollution;”, (iii) the insertion of the following paragraph after paragraph (g): “(h) specifying conditions in relation to such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purpose of this subsection, subsection (5A), (5B) or (5C).”, and (c) the insertion of the following subsections after subsection (5A): “(5B) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c) specifying requirements in relation to— (a) the weighing of household waste accepted by a facility, (b) reporting, to specified persons, the weight of household waste accepted by a facility, (c) subject to subsection (5C), charging of fees for acceptance of household waste, and services for its recovery or treatment, (d) in relation to the acceptance of household waste, preparing and publishing a customer charter and its form and content, (e) providing separate receptacles for different household waste or classes of household waste, (f) providing to a local authority or nominated authority under section 34(1)(aa)(ii) — (i) details of persons with regard to the deposition of separate collection of household waste, (ii) details of persons who choose not to partake in the deposition of separate collection of household waste, (iii) details of when household waste was last deposited, and (iv) written confirmation of the structure of the fees being charged to persons depositing the household waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the deposition of household waste, (g) as respects contamination that may be caused by the incorrect segregation of household waste in receptacles for segregated household waste:

(i) monitoring by a holder of levels of contamination; (ii) recording and maintaining specified data on levels of contamination; (iii) training to be provided for staff of a holder in relation to monitoring contamination; (iv) protocols and procedures in the event that such contamination is detected by the holder, including informing the person who delivers the household waste to the facility being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their waste (‘person who delivers household waste’) or refusing to accept the waste, and (h) where a weighing system is used to determine weight-based collection charges, the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ), in such form that may be specified on the waste permit or such other authorisation of certificate referred to in subsection (5)(c). (5C) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations under subsection (4), specify a condition to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c), specifying a requirement that the holder of such waste permit or such other authorisation of certificate (‘holder’) shall charge fees for accepting household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the holder’s facility by the person who delivers household waste. (b) Regulations under paragraph (a) shall provide for the means by which fees for accepting waste shall be calculated by a holder and shall— (i) require a holder to charge a fee for each kilogramme of household waste accepted by the holder, (ii) prohibit a holder from charging any form of fee other than that referred to at subparagraph (i), and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted, and (iii) require a holder to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.

(c) (i) For the purposes of paragraph (b)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder from the person who delivers household waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste. (ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i). (iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.”.

Amendment of section 41 of Act of 1996 41. Section 41 of the Act of 1996 is amended by— (a) in subsection (3), the insertion of the following paragraph after paragraph (c): “(d) for the purposes of acceptance of a class of household waste at a facility, from the original waste producer or the person who arranges on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their household waste (‘person who delivers household waste’), require the Agency to attach conditions to a waste licence— (i) requiring the weighing of a class of household waste accepted by a facility, (ii) requiring the reporting of the weight of a class of household waste accepted by a facility to the person who delivers household waste, (iii) subject to subsection (3A), requiring the charging of fees for acceptance, recovery or treatment services by a facility of a class of household waste, (iv) in relation to acceptance of a class of household waste, requiring the preparation and publishing of a customer charter and specifying its form and content, (v) requiring the provision of separate receptacles for different household waste or classes of household waste, (vi) requiring the provision to a local authority or a nominated authority under section 34(1)(aa)(ii) of— (I) details of persons with regard to the deposition of household waste, (II) details of persons who choose not to partake in the deposition of household waste, (III) details of when household waste was last deposited, and (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.”, and (b) the insertion of the following subsection after subsection (3): “(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 under paragraph (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 at subparagraph (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 of paragraph (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 under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i). (iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.”.

Amendment of section 50 of Act of 1996 42. Section 50 of the Act of 1996 is amended in subsection (1) by the substitution of the following paragraph for paragraph (a): “(a) an application made to the local authority for— (i) the grant of a waste collection permit under section 34, (ii) a review of a waste collection permit under section 34A(1)(b), or (iii) the transfer of a waste collection permit under section 34B,”.

Transitional and savings provisions consequent on Environment (Miscellaneous Provisions) Act 2015 43. The Act of 1996 is amended by the insertion of the following section after section 76: “77. (1) Every application for a waste collection permit under section 34 or for a review of a waste collection permit under section 34A (inserted by section 38 of the Environment (Miscellaneous Provisions) Act 2015 made and not finally dealt with and determined or completed before the commencement of section 37 or 38 of the Environment (Miscellaneous Provisions) Act 2015 shall, on that commencement, continue to be dealt with by a local authority and be determined and completed by it as if the application were an application under this Act as it stands amended by section 37 or 38 of the Environment (Miscellaneous Provisions) Act 2015.

PART 8

Amendment of Section 6 of Local Government Act 1998 Amendment of section 6 of Local Government Act 1998 44.

Section 6

of the Local Government Act 1998 is amended in subsection (2C) (inserted by section 7 of the Motor Vehicle (Duties and Licences) Act 2013 )— (a) by substituting for paragraph (a) (inserted by section 79 of the Local Government Reform Act 2014 ) the following: “(a) Subject to paragraphs (b) and (c), the Minister may, on or before 31 December 2015, pursuant to a request from the Minister for Finance, make one, or more than one, payment from the Fund in the amount requested by the Minister for Finance.”, and (b) by substituting for paragraph (c) (inserted by the said section 79) the following: “(c) The total amount of all payments made under paragraph (a) shall not exceed €540 million.”.

PART 9

Amendment of Dog Breeding Establishments Act 2010 and Control of Dogs Act 1986 Amendment of Dog Breeding Establishments Act 2010 45. The Dog Breeding Establishments Act 2010 is amended by the substitution of— (a) in section 9(5), in paragraph (c), “6 months” for “4 months”, (b) in section 18(1), “the local authority” for “he or she”, (c) in section 20(1), “authorised person” for “authorised officer”, and (d) in section 21(2), the following paragraph for paragraph (b): “(b) if the dog breeding establishment has been registered, require the operator of the dog breeding establishment to surrender the registration certificate to the local authority issuing the notice,”.

Amendment of Control of Dogs Act 1986 46.

Section 8

PART 10

Water Charges Water charges 47. The Water Services (No. 2) Act 2013 is amended by inserting the following section after section 23: “Registration with Irish Water 23A. (1) Where water services are provided to a dwelling by Irish Water, the owner of the dwelling shall, subject to subsections (2) and (3) — (a) register with Irish Water as a customer and confirm whether or not the dwelling is his or her principal private residence, or (b) notify Irish Water, in writing or in such other form and manner as Irish Water may specify, that he or she is not the occupier of the dwelling and provide— (i) the date of commencement of any agreement for the occupation of the dwelling, and (ii) the name of each person with whom the owner has such an agreement for the occupation of the dwelling, not later than— (I) 20 working days after the coming into operation of section 47 of the Environment (Miscellaneous Provisions) Act 2015, and (II) where there is a change in the occupation of the dwelling after the coming into operation of section 47 of the Environment (Miscellaneous Provisions) Act 2015, 20 working days after such a change.

Payment of charge on sale of property 48. The Water Services Act 2014 is amended by inserting the following section after section 3: “3A. (1) In this section— ‘dwelling’ means a premises occupied, or which may be occupied, by a person as his or her place of private residence (whether or not as his or her principal private residence); ‘market value’, in relation to a dwelling, means the price which the unencumbered fee simple of the dwelling would fetch if sold on the open market; ‘sale’ includes, in relation to a dwelling, the transfer of the dwelling by its owner or any trustee or personal representative of the owner to another person— (a) in consequence of— (i) the exercise of a power under any enactment to compulsorily acquire land, or (ii) the giving of notice of intention to exercise such power, or (b) for no consideration or consideration which is significantly less than the market value of the dwelling at the time of its transfer.

Amendment of section 5 of Water Services Act 2014 49.

Section 5

of the Water Services Act 2014 is amended— (a) in subsection (3), by inserting “and section 5A (inserted by section 50 of the Environment (Miscellaneous Provisions) Act 2015)” after “this section”, and (b) by inserting the following subsection after subsection (3): “(3A) For the purposes of this section and section 5A, an approved housing body (being a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 ) that— (a) is in receipt of funding from the Health Service Executive under— (i) an arrangement under section 38 of the Health Act 2004 , or (ii) section 39 of the Health Act 2004 , and (b) is liable for the payment of any charge for the provision of water services to a dwelling, shall be regarded as the occupier of the dwelling.”.

Water conservation grant - database 50. The Water Services Act 2014 is amended by inserting the following section after section 5: “5A. (1) The Minister may, for the purposes of paying a grant under section 5 in respect of any year after 2015, arrange for the establishment and maintenance of a database of water services provided to dwellings (in this section referred to as ‘the database’).