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Ireland

Waste Management (Amendment) Act, 2001

What is this act about?

This law amends the Waste Management Act of 1996 to improve how waste management plans are made by local authorities, ensuring Ireland can meet its European Union obligations regarding waste.

Who it applies to: Local authorities and their managers; Anyone involved in waste management or development planning.

Deadlines:

  • A local authority cannot vary or replace a waste management plan within 4 years of its making without the manager's consent.

At a glance

Country
Ireland
Area of law
Environment and agriculture
Articles
15
Source
irishstatutebook.ie
Text retrieved
Explanation updated

What does this act regulate?

  • The process for local authorities to create waste management plans.
  • The powers of managers within local authorities regarding waste management plans.
  • The relationship between waste management plans and development plans.
  • The implementation of certain European Community directives on waste and landfill.

Who does this act apply to?

  • Local authorities and their managers.
  • Anyone involved in waste management or development planning.

What are the key points?

  • The making of a waste management plan is now an "executive function" carried out by the manager of a local authority.
  • A local authority cannot vary or replace a waste management plan within 4 years of its making without the manager's consent.
  • Waste management plans are deemed to be included in the development plan for a local authority's area.
  • Specific procedures are outlined for granting planning permission for developments consistent with waste management plans but potentially conflicting with other development plan objectives.

Environment and agriculture

8
Euro Changeover (Amounts) Act, 2001
Minister For the Environment and Local Government (Performance of Certain Functions) Act, 2002
Continental Shelf Act, 1968
Intoxicating Liquor Act, 1953
Constitution (Amendment No. 17) Act, 1931
Constitution (Verification of Petition) Act, 1944
Industrial Grants Act, 1959
Destructive Insects and Pests (Consolidation) Act, 1958

Environment and agriculture

Legal text

Legal text

Waste Management (Amendment) Act, 2001 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 2001 Waste Management (Amendment) Act, 2001 Waste Management (Amendment) Act, 2001 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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 36 of 2001 WASTE MANAGEMENT (AMENDMENT) ACT, 2001 ARRANGEMENT OF SECTIONS Section

Section 1

Definition.

Section 2

Community acts given effect to by this Act.

Section 3

Amendment of section 5 of Act of 1996.

Section 4

Amendment of section 22 of Act of 1996.

Section 5

Consequential amendment of Act of 1996 related to section 4.

Section 6

Amendment of section 34 of Act of 1996.

Section 7

Amendment of section 38 of Act of 1996.

Section 8

Amendment of section 39 of Act of 1996.

Section 9

Power to impose environmental levy.

Section 10

Consequential amendment of Act of 1996 related to section 9.

Section 11

Power to impose landfill levy.

Section 12

Environment Fund.

Section 13

Relationship between Act of 1996 and Environmental Protection Agency Act, 1992, with regard to certain activities.

Section 14

Provision with respect to certain monetary amount specified in Litter Pollution Act, 1997.

Section 15

Short title, collective citations and construction.

Acts Referred to City and County Management (Amendment) Act, 1955 1955, No. 12 County Management Acts, 1940 to 1994 Environmental Protection Agency Act, 1992 1992, No. 7 Litter Pollution Act, 1997 1997, No. 12 Planning and Development Act, 2000 2000, No. 30 Waste Management Act, 1996 1996, No. 10 Number 36 of 2001 WASTE MANAGEMENT (AMENDMENT) ACT, 2001 AN ACT TO AMEND AND EXTEND THE WASTE MANAGEMENT ACT, 1996, AND, IN PARTICULAR, TO AMEND THAT ACT WITH REGARD TO THE PROCEDURE FOR THE MAKING OF WASTE MANAGEMENT PLANS UNDER IT SO THAT ANY OBSTACLES TO THE STATE BEING ABLE TO COMPLY FULLY WITH THE PROVISIONS OF CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES BY REASON OF ANY FAILURE OF LOCAL AUTHORITIES TO MAKE SUCH PLANS ARE REMOVED, TO AMEND THE FIRST SCHEDULE TO THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992, TO AMEND THE LITTER POLLUTION ACT, 1997, AND TO PROVIDE FOR RELATED MATTERS. [17th July, 2001] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1.—In this Act “Act of 1996” means the Waste Management Act, 1996 .

Community acts given effect to by this Act.

2.—The purposes for which the provisions of this Act are enacted include the purpose of giving effect to the following Community acts, namely— (a) Council Directive 75/442/EEC of 15 July 1975 on waste(1) ; (b) Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste(2) ; and (c) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(3) .

Amendment of section 5 of Act of 1996.

3.—Section 5(1) of the Act of 1996 is amended by— (a) the insertion after the definition of “emission into the atmosphere” of the following definition: “‘Environment Fund’ has the meaning assigned to it by section 74;”, (b) the insertion after the definition of “European Waste Catalogue” of the following definition: “‘executive function’ means a function other than a reserved function;”, and (c) the insertion after the definition of “local authority” of the following definition: “‘manager’ means— (a) with respect to the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and (b) with respect to the council of a county, the manager for the purposes of the County Management Acts, 1940 to 1994;”.

Amendment of section 22 of Act of 1996.

4.—Section 22 of the Act of 1996 is amended by the substitution of the following subsections for subsection (10): “(10) (a) On and from the passing of the Waste Management (Amendment) Act, 2001, but without prejudice to paragraph (c), the duties of a local authority under this section with respect to the making of a waste management plan shall be carried out by the manager of the authority and, accordingly, the making of such a plan shall be an executive function. (b) For the avoidance of doubt, the waste management plans to which paragraph (a) applies include such a plan which a local authority indicated its intention, before the passing of the Waste Management (Amendment) Act, 2001, to make jointly with one or more other local authorities but which plan it subsequently (but before the said passing) decided not to make. (c) Where in the opinion of the manager of a local authority a waste management plan purporting to be made, before the passing of the Waste Management (Amendment) Act, 2001, by the authority jointly with one or more other local authorities is invalid because the decision of the authority purporting to make the plan, expressly or by implication, qualifies its assent to the plan— (i) by making its assent to the plan subject to one or more conditions being satisfied, or (ii) by the authority purporting to reserve to itself a power to vary the plan, otherwise than pursuant to the powers conferred on it in that behalf by this section, or (iii) in any other respect whatsoever, the manager shall, not later than the date prescribed for the purposes of subsection (2), by order— (I) declare that he or she is of that opinion, and (II) make the said plan, and the said plan, as so made, shall, accordingly, be deemed for all purposes to be the waste management plan made by the local authority, but without prejudice to any steps taken by that or any other local authority, before the date of the making of the said order, pursuant to the terms of the said plan as purported to be jointly made by those local authorities. (d) Subject to paragraph (f), the review, variation or replacement of a waste management plan shall be a reserved function. (e) A local authority shall not, without the consent of the manager of the authority, vary or replace, under subsection (4), a waste management plan within the period of 4 years beginning on the date of the making of the plan. (f) Where, having published under section 23 a notice of a proposal to vary or replace, under subsection (4), a waste management plan, a local authority does not vary or replace that plan within the period of 3 months beginning on the expiration of the period specified in that notice for the purposes of subsection (2)(a)(i) of section 23 then, notwithstanding paragraph (d), the manager of the authority shall, within the period of 2 months after the expiration of the first-mentioned period, by order vary or replace the said plan (whether in the terms as originally proposed by the authority or with such amendments as the manager thinks fit).

(g) A local authority shall not, by resolution, under section 3 or 4 of the City and County Management (Amendment) Act, 1955 , or section 179 of the Planning and Development Act, 2000 , give a direction that works not be proceeded with 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, any provision (including any objective contained therein) of a waste management plan or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 3, 4 or 179 which contravenes this paragraph shall be void. (10A) The development plan for the time being in force in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in the waste management plan in force in relation to that area. (10B) (a) Where a planning authority proposes to grant permission under Part III of the Planning and Development Act, 2000 , for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority's functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall— (i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area, (ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under the Planning and Development Act, 2000 . (b) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority. (c) Following consideration of any submissions or observations received in accordance with paragraph (b), the manager of the planning authority may, subject to, and in accordance with, the provisions of the Planning and Development Act, 2000 (apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.

(d) Section 34(6) of the Planning and Development Act, 2000 , shall not apply to applications for permission referred to in paragraph (a). (e) Notwithstanding section 34(8) of the Planning and Development Act, 2000 , where a notice referred to in paragraph (a) is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published. (10C) (1) Where development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the area concerned but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to the area concerned, is proposed to be carried out by— (a) a local authority that is a planning authority, or (b) some other person on behalf of, or jointly or in partnership with such a local authority, pursuant to a contract entered into by that local authority, within the functional area of the authority (hereafter in this section referred to as ‘proposed development’), the manager shall publish notice of the intention of the authority to carry out the proposed development in one or more newspapers circulating in that functional area.

(2)Any submission or observation in writing in relation to the proposed development which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.
(3)Following consideration of any submissions or observations received in accordance with subsection (2), the manager may— (a) notwithstanding the fact that the proposed development would materially contravene the development plan, decide to proceed with the proposed development, with or without modifications (and, where he or she so decides, he or she shall follow the relevant procedures contained in section 175 or 179 of the Planning and Development Act, 2000 , as appropriate), or (b) decide not to proceed with the proposed development.”.

Consequential amendment of Act of 1996 related to section 4 .

5.—Section 22 of the Act of 1996 is further amended by the insertion in the definition of “waste management plan” in subsection (1) of “or subsection (10)(f)” after “subsection (4)”.

Amendment of section 34 of Act of 1996.

6.—Section 34 of the Act of 1996 is amended— (a) by the substitution for paragraph (a) of subsection (1) of the following paragraphs: “(a) Subject to paragraph (b), a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business, collect waste, on or after such date as may be prescribed, save under and in accordance with a permit (in this Act referred to as a ‘waste collection permit’) granted by— (i) the local authority in whose functional area the waste is collected, (ii) such other local authority as stands nominated for the purpose in accordance with paragraph (aa), or (iii) such other body or bodies as may be prescribed. (aa) Where two or more local authorities— (i) have jointly made, or propose jointly to make, a waste management plan under section 22(3), or (ii) are otherwise cooperating with one another to achieve common objectives with respect to waste management in their functional areas, the local authorities may or shall, if the Minister requires them to do so, decide that, for the purposes of the said plan or the achievement of the said objectives, one of them shall perform each of the functions under this section in relation to waste collection permits with respect to each of their functional areas and, accordingly, nominate that local authority for that purpose.”, (b) by the substitution for subsection (13) of the following subsection: “(13) (a) The reference in subsection (1)(a) to a local authority, where it first occurs, shall be construed as including a reference to the corporation of a borough of any kind and the council of an urban district. (b) Each other reference in this section (other than subsections (1)(aa) and (4)) to a local authority shall be construed as including a reference to a body standing prescribed for the purposes of subsection (1)(a)(iii). (c) If a body stands prescribed for the purposes aforesaid, then this section shall have effect in so far as it relates to such a body, as if the following subsection were substituted for subsection (4): ‘(4) A body standing prescribed for the purposes of subsection (1)(a)(iii) shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is in accordance with any relevant provisions of the waste management plan or plans that is or are in force in the functional area or areas of the local authority or authorities in which permit will have effect.’.”.

Amendment of section 38 of Act of 1996.

7.—Section 38 of the Act of 1996 is amended by the substitution for subsection (5) of the following subsection: “(5) Neither the provisions of this section nor the repeal of any enactment mentioned in Part I of the Fifth Schedule shall prejudice— (a) the continued operation of waste disposal facilities by the corporation of a borough (other than a county borough) or the council of an urban district, or (b) the use of such facilities by such a corporation or council at a more intensive level than the level of the use that was being made of them on the commencement of this section (whether the more intensive use is constituted by an increased input of waste into the facilities or the use of a larger proportion of the facilities than was being used on the commencement of this section or otherwise), if— (i) in a case falling solely within paragraph (a), the said facilities were in operation upon the commencement of this section, and (ii) in a case falling within paragraphs (a) and (b), subparagraph (i) is complied with and the use of the facilities at that more intensive level is provided for in the waste management plan in force in relation to the borough or urban district concerned.”.

Amendment of section 39 of Act of 1996.

8.—Section 39 of the Act of 1996 is amended in subsection (6)— (a) by the substitution in paragraph (c) for “of the waste.”, where those words secondly occur, of “of the waste,”, and (b) by the insertion of the following paragraph after paragraph (c): “(d) prohibit, or limit to a specified extent, the recovery or disposal of a specified class or classes of waste in a specified manner or in a specified class or classes of facility.”.

Power to impose environmental levy.

9.—The following section is inserted after section 71 of the Act of 1996: “72.—(1) In this section— ‘consumer price index number’ means the All Items Consumer Price Index Number complied by the Central Statistics Office and references to the consumer price index number relevant to any financial year are references to the consumer price index number at such date in that year as is determined by the Minister with the consent of the Minister for Finance; ‘plastic bag’ means a bag— (a) made wholly or in part of plastic, and (b) which is suitable for use by a customer at the point of sale in a supermarket, service station or other sales outlet, other than a bag which falls within a class of bag specified in regulations under subsection (2) as being a class of bag excepted from this definition.

(2)The Minister may, with the consent of the Government, make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as an ‘environmental levy’ and is in this section referred to as the ‘levy’) in respect of the supply to customers, at the point of sale to them of the goods or products to be placed in the bags, or otherwise of plastic bags in or at a specified class or classes of supermarket, service station or other sales outlet.
(3)The amount of the levy shall be specified in the regulations under subsection (2) but shall not exceed an amount of 15p, or, in the case of levy payable on or after 1 January, 2002, 19 cents, for each plastic bag supplied to a customer.
(4)The levy shall be payable by the person who carries on the business of selling goods or products in or at the supermarket, service station or sales outlet concerned or, if two or more persons each carry on such a business in or at the particular premises, whichever of them causes to be made the particular supply of plastic bags concerned.
(5)Regulations under subsection (2) shall provide for the following matters— (a) the specification of the person or persons to whom the levy shall be payable (who or each of whom is referred to in this section as a ‘collection authority’), (b) the conferral of powers on a collection authority 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).
(6)Regulations under subsection (2) may provide for all or any of the following matters— (a) specifying the times at which payment of the levy shall be made and the form of such payment, (b) requiring the notification to a collection authority by a person who carries on a business of the kind referred to in subsection (4) (being a business that involves the supply of plastic bags to customers in the circumstances mentioned in subsection (2)) of that fact, (c) requiring specified records to be kept by a person referred to in subsection (4) in respect of matters connected with liability to pay levy and specifying the form of such records, (d) requiring the furnishing of such records and other specified information relating to liability as aforesaid at specified intervals to a collection authority and specifying the manner in which such records and information shall be so furnished, (e) requiring specified notices at the time of a specified act being done that involves a plastic bag to be given, in a specified manner and in a specified form, of the fact that the levy is payable (whether in relation to that act or a previous such act), (f) specifying a class of bag to be a class of bag excepted from the definition of plastic bag in subsection (1) (and such specification shall be made by reference only to the bag's size, composition or intended use or any combination of those matters), (g) providing for exemptions in specified circumstances from the liability to pay the levy, (h) enabling the payment of the levy by specified persons to be deferred in specified circumstances, (i) requiring specified records and accounts to be kept by collection authorities in respect of levy paid or payable to them, (j) enabling the refund of payments of levy to be made to specified persons in specified circumstances, (k) enabling a collection authority to enter into arrangements with one or more specified persons whereby that person or those persons, by means of a scheme carried out by the person or persons for the discharge of the liabilities of others participating in the scheme in respect of levy, collect amounts due in respect of levy and remit them to the collection authority in consideration of the payment of specified sums by the authority to that person or persons, (l) providing for the payment into the Environment Fund by collection authorities of amounts received by them on account of levy (subject to the deduction from such amounts of any amounts specified as being capable of being deducted therefrom for the purpose of defraying expenses incurred by collection authorities in collecting or recovering the levy),

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

(7)The Minister may make an order once, and once only, in each financial year, beginning with the financial year following the financial year in which the Waste Management (Amendment) Act, 2001, is passed, amending subsection (3) by substituting for the amount standing specified in that subsection for the time being an amount equal to the amount obtained by multiplying 19 cents by the figure specified in subsection (8) and, if the amount so obtained is not a whole number of cents and the Minister considers it appropriate to do so and specifies in the order that the amount has been so rounded, rounding (up or down as he or she thinks fit) the amount to the nearest whole number of cents.
(8)The figure mentioned in subsection (7) is the quotient, rounded up to 3 decimal places, obtained by dividing the consumer price index number relevant to the financial year in which the order concerned is made by the consumer price index number relevant to the financial year 2001.
(9)A person who fails to— (a) pay levy which is due and payable by virtue of regulations under subsection (2), or (b) comply with a provision of regulations under that subsection, or (c) comply with any term or condition of a scheme referred to in subsection (6)(k) carried out by him or her or in which he or she has assented to participate (and which assent has not, by notice in writing given to the person carrying out the scheme before the failure occurs, been withdrawn), shall be guilty of an offence.
(10)In proceedings for the recovery of levy or for an offence under subsection (9)(a), it shall be presumed, until the contrary is proved, that the bag or bags in respect of which the levy concerned is alleged not to have been paid was or were a plastic bag or bags within the meaning of this section.
(11)In proceedings for the recovery of levy or for an offence under subsection (9)(a), it shall be presumed, until the contrary is proved, that the number of plastic bags supplied to customers in or at the premises concerned in the circumstances mentioned in subsection (2) in a particular period was equal to the number of plastic bags acquired for the purposes of such supply in that period by the person who carried on, during that period, the business of selling goods or products in or at those premises or, if two or more persons each carried on, during that period, such a business in or at those premises, whichever of them caused to be made the particular supply of plastic bags concerned.
(12)(a) The Minister may make a provisional order extending the application of this section to such other types of article as he or she considers appropriate by— (i) substituting for references to plastic bags in this section references to articles specified in the order (and the articles so specified shall include plastic bags), and (ii) making such consequential amendments of this section (other than this subsection and subsection (13)) as he or she considers necessary or appropriate, and such amendments may include a provision— (I) specifying that subsection (3) shall, in relation to a particular article or articles referred to in the order, apply as if, for the amount standing specified in that subsection for the time being, there were substituted an amount specified in the order (in clause (II) of this subparagraph referred to as the ‘altered amount’), and (II) in consequence of that specification, specifying that— (A) subsection (7) shall, in relation to the said article or articles, apply as if, for the reference in that subsection to 19 cents, there were substituted a reference to the altered amount, and (B) subsection (8) shall, in relation to the said article or articles, apply as if, for the reference in that subsection to the consumer price index number relevant to the financial year 2001, there were substituted a reference to the consumer price index number relevant to a financial year specified in the order. (b) The Minister may make a provisional order amending or revoking a provisional order under this subsection (including a provisional order under this paragraph).
(13)A provisional order under subsection (12) shall not have effect unless or until it is confirmed by an Act of the Oireachtas.”.

Consequential amendment of Act of 1996 related to section 9 .

10.—Section 7 of the Act of 1996 is amended— (a) in subsection (3) by the substitution for “section 1(2), 8 or 69(1)” of “section 1(2), 8, 69(1) or 72(12)”, and (b) in subsection (5), by the substitution for “(including an order under this paragraph)” of “(other than an order under section 72(12) but including an order under this paragraph)”.

Power to impose landfill levy.

11.—The following section is inserted after section 72 (inserted by this Act) of the Act of 1996: “73.—(1) The Minister may, after consultation with any Minister of the Government concerned, 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 in paragraph 1 or 5 of the Third Schedule), or (b) the disposal by means of a waste disposal activity referred to in paragraph 1 or 5 of the Third Schedule, or a specified class or classes of such activity, of a specified class or classes of waste, or (c) subject to subsection (2), both the carrying on of an activity referred to in paragraph (a) and an activity referred to in paragraph (b).

(2)Regulations under subsection (1)(c) shall not result in levy being payable twice in respect of a particular disposal of a particular quantity of waste.
(3)The amount of the levy shall be specified in the regulations under subsection (1) but shall not exceed an amount of £15, or, in the case of levy payable on or after 1 January 2002, €19, for each tonne of waste disposed of.
(4)Subject to subsection (3), regulations under subsection (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 of paragraphs (a), (b) and (c) of subsection (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.
(6)Regulations under subsection (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 under subsection (1) may, for the purpose mentioned in paragraph (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 in paragraph (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 under subsection (1) restrict the exercise of the power referred to in paragraph (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 under subsection (1) may provide, in relation to levy under this section, for all the matters which regulations under section 72 may, by virtue of paragraphs (a), (c), (d) and (g) to (l) of subsection (6) of that section, 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)The Minister may make an order once, and once only, in each financial year, beginning with the financial year following the financial year in which the Waste Management (Amendment) Act, 2001, is passed, amending subsection (3) by substituting for the amount standing specified in that subsection for the time being a greater amount, not being an amount that is greater than that amount by €5.
(10)A person who fails to— (a) pay levy which is due and payable by virtue of regulations under subsection (1), or (b) comply with a provision of regulations under that subsection, shall be guilty of an offence.”.

Environment Fund.

12.—The following section is inserted after section 73 (inserted by this Act) of the Act of 1996: “74.—(1) There shall stand established, on the passing of the Waste Management (Amendment) Act, 2001, a fund which shall be known, and is in this Act referred to, as the ‘Environment Fund’.

(2)Subject to subsection (3), the Minister shall manage and control the Environment Fund.
(3)The Minister may by regulations delegate the management and control of all or part of the Environment Fund and any other functions under this section related to such management and control to a specified person and functions so delegated shall, accordingly, be performable by that person.
(4)The Environment Fund shall consist of such accounts as the Minister may determine.
(5)The said accounts shall be in such form and be prepared in such manner as the Minister may determine.
(6)As soon as may be after the end of each financial year, the Minister shall submit the accounts of the Environment Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas.
(7)Subject to, and in accordance with, regulations under section 72 or 73, there shall be paid into the Environment Fund the amounts specified in those regulations of levy collected thereunder.
(8)The Minister may, out of moneys provided by the Oireachtas, pay into the Environment Fund in any financial year, such an amount as he or she determines, with the consent of the Minister for Finance, in relation to that year.
(9)Without prejudice to subsection (12), the Minister may from time to time pay out of the Environment Fund such amounts of moneys as he or she considers appropriate for any or all of the following purposes, namely— (a) to assist, support or promote any programmes or schemes established for the prevention or reduction of waste in the State or the establishment of such programmes or schemes, (b) to assist the establishment, equipping and, where appropriate, the operation of waste re-use and recycling activities generally, or recovery activities in respect of any specified class of waste, (c) to assist, support or promote research and development with respect to any aspect of waste management, (d) to assist, support or promote the production, distribution or sale of products of a particular class, being products which possess characteristics (whether characteristics of an inherent nature or related to the process by which they are manufactured) likely to render them less harmful to the environment than other products falling within the same class, (e) to assist, support or promote the development of initiatives by producers to prevent or reduce waste arising from activities carried on by them, (f) to assist generally the implementation of waste management plans (within the meaning of Part II) and the hazardous waste management plan, (g) to facilitate or assist the enforcement of the provisions of any enactment (including this Act) relating to waste management or the prevention of litter or otherwise relating to the protection of the environment, (h) to facilitate or assist projects, commonly known as partnership projects, that involve local authorities and the purpose of which is to improve the quality of the environment in so far as it affects a particular local community or communities, (i) to promote awareness of the need generally to protect the environment and, in particular, to assist, support or promote national and regional campaigns the objectives of which are to foster such awareness, (j) to promote or support education and training that would facilitate the achievement of the objectives of campaigns as aforesaid, (k) to assist the provision of the necessary resources (whether human or material) to enable such education and training to be carried out or facilitate the improvement of any such resources that exist for the time being, (l) to assist, support or promote initiatives undertaken by community groups, environmental groups or other like persons with respect to the protection of any aspect of the environment, and

(m) such other purposes with respect to the protection of the environment as may be prescribed.

(10)Any payment of moneys out of the Environment Fund under any of paragraphs (a) to (m) of subsection (9) shall be made to the person or persons who carry on or, as the case may be, carried on the activity the principal purpose of which is, in the opinion of the Minister, the particular purpose in respect of which that payment is made.
(11)Without prejudice to the preceding provisions of this section, no payment shall be made out of the Environment Fund in respect of such activity as may be prescribed if the activity is carried on otherwise than in accordance with such guidelines as may be issued by the Minister for the purpose and the Minister shall cause copies of such guidelines to be laid before each House of the Oireachtas within 3 months after they have been issued.
(12)(a) The Minister may from time to time pay out of the Environment Fund such an amount of moneys as he or she determines for the purposes of defraying, in whole or in part, the expenses incurred, on or after the establishment of the Fund, by him or her, or by any person to whom functions are delegated under subsection (3), in connection with the administration of the Fund. (b) Any amount of moneys paid out of the Environment Fund under paragraph (a) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Finance, may determine.
(13)The Minister may establish a committee to advise the Minister with respect to the performance by him or her of the functions under subsection (9) or (11) and a committee so established may advise the Minister accordingly.”.

Relationship between Act of 1996 and Environmental Protection Agency Act, 1992, with regard to certain activities.

13.—(1) The First Schedule to the Environmental Protection Agency Act, 1992 , is amended by the substitution for paragraphs 11.1, 11.2, 11.3 and 11.4 of the following paragraph: “11.1 The recovery or disposal of waste in a facility, within the meaning of the Waste Management Act, 1996 , which facility is connected or associated with another activity specified in this Schedule in respect of which a licence or revised licence under Part IV is in force or in respect of which a licence under the said Part is or will be required.”.

(2)Section 39(7) of the Act of 1996 is amended by the substitution for paragraph (a) of the following paragraph: “(a) the recovery or disposal of waste at a facility referred to in paragraph 11.1 of the First Schedule to the Act of 1992,”.
(3)Where, immediately before the passing of this Act, a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 (“the Act of 1992”) is in force in respect of an activity, being an activity which, immediately before that passing— (a) fell within paragraph 11.1, 11.2, 11.3 or 11.4 of the First Schedule to the Act of 1992, and (b) was not connected or associated with another activity specified in any other paragraph of that Schedule, then, notwithstanding subsections (1) and (2) of this section but subject to subsection (4) thereof— (i) that licence or revised licence shall continue in force and the provisions of the Act of 1992 (apart from the amendment of them effected by the said subsection (1)) shall continue to apply in relation to it, and (ii) section 39(1) of the Act of 1996 shall not apply in relation to that activity, for such period as the Environmental Protection Agency may determine and specifies in writing.
(4)The period determined under subsection (3) of this section shall not, other than with the consent of the holder of the licence concerned, be less than 3 years from the passing of this Act.

Provision with respect to certain monetary amount specified in Litter Pollution Act, 1997 14.—(1) In this section— “Act of 1997” means the Litter Pollution Act, 1997 ; “relevant period” means— (a) the period of 3 years beginning on the date of the first exercise of the power under subsection (4) of this section, and (b) each period of 3 years after the expiration of the period mentioned in paragraph (a) of this definition.

(2)The Litter Pollution Regulations, 1999 ( S.I. No. 359 of 1999 ), are, by virtue of this subsection, confirmed.
(3)Section 28(1)(b) of the Act of 1997 is amended, with effect from 1 January 2002, by the substitution of “€125” for “£50”.
(4)Subject to subsection (6) of this section, the Minister may, after 1 January, 2002, having regard to— (a) changes in the value of money generally in the State since the passing of this Act or the last previous exercise of the power under this subsection, and (b) the need to ensure the continued effectiveness of the procedures contained in section 28 of the Act of 1997 with respect to the enforcement of the provisions of that Act, by order amend section 28(1)(b) of the Act of 1997 by substituting for the amount standing specified in that provision for the time being an amount that is greater than that amount.
(5)The Minister may by order amend or revoke an order under subsection (4) of this section.
(6)The power under subsection (4) or (5) of this section shall not be exercised in such a manner as will result in the amount standing specified in section 28(1)(b) of the Act of 1997 on any date in any relevant period being greater, by 25 per cent, than the amount that stood so specified on any other date in that period.
(7)Section 28(4) of the Act of 1997 is repealed.

Short title, collective citations and construction.

15.—(1) This Act may be cited as the Waste Management (Amendment) Act, 2001.

(2)The Waste Management Act, 1996 , and this Act (other than section 14 ) may be cited together as the Waste Management Acts, 1996 and 2001, and shall be construed together as one Act.
(3)The Litter Pollution Act, 1997 , and section 14 may be cited together as the Litter Pollution Acts, 1997 and 2001, and shall be construed together as one Act.
(1)O.J. No. L 194/39, 25 July, 1975.
(2)O.J. No. L 78/32, 26 March, 1991.
(3)O.J. No. L 182/1, 16 July, 1999.

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