, require the holder of a waste collection permit granted by the authority to provide, receptacles in which household or commercial waste (either generally or of a specified nature or type) presented for collection shall be placed for such collection, and the local authority or the said holder, as the case may be, may require such reasonable payment, as it or he or she may determine, in respect of the provision of receptacles from the persons to whom they are provided.
\n
(5)(a) The Minister may, if he or she considers it expedient so to do for the purpose of the prevention or control of environmental pollution, give a direction to a local authority requiring it to take specified steps (including the making of bye-laws under
\n
Part VII
\n
of the Local Government Act, 1994 ) to ensure that specified substances, products, materials or classes of waste arising in household or commercial waste are segregated for the purpose of and in the course of collection, and recovered or disposed of in a specified manner. (b) A local authority concerned shall comply with any direction of the Minister given under this subsection within such period as may be specified in the direction.
\n
Regulations in relation to movement of waste.
\n
36.—(1) For the purpose of preventing environmental pollution therefrom, the Minister may by regulations provide for the supervision and control of the movement of waste within, into or out of the State.
\n
(2)Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters: (a) the prohibition, prevention, limitation or control of the movement of waste and, in particular— (i) requiring that any movement of waste or waste of a specified class or classes be authorised by the Agency or a local authority, (ii) enabling conditions of a kind specified in the regulations to be attached by the Agency or a local authority, as the case may be, to any such authorisation; (b) notifications, including documentation, to be given before and after the movement of waste, the form and content of such notifications, the persons required to give such notifications and the persons to whom such notifications are to be given; (c) information, including documentation, to accompany any movement of waste, the form and content of such information and the persons required to prepare, hold or submit such information; (d) enabling the inspection of consignments of waste and documentation relating thereto by persons authorised in that behalf by the Agency or a local authority; (e) requirements as to the segregation, handling, packaging and labelling of waste and the containers in which waste may be moved; (f) a requirement that shipments of waste may enter or leave the State at a specified place or places only within the State; (g) requiring a person who undertakes the movement of waste to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the movement of the waste; (h) requiring an agreement or agreements to be entered into with one or more appropriate persons by a person exporting or importing waste whereby the first-mentioned person or persons agrees or agree to recover or dispose of the waste; (i) the seizure, taking in charge, recovery or disposal of a consignment of waste or a part thereof by the Agency or a local authority or a person authorised by the Agency or a local authority in that behalf where any provision of regulations under this section or of any specified enactment has not been complied with as respects the consignment or a part thereof, as the case may be; (j) the keeping of records by specified persons of the source of, and particulars concerning the movement, delivery and receipt of, waste and, as the case may be, the recovery or disposal thereof, and the persons to whom such records shall be made available;
\n
(k) the prevention and control of litter and nuisance from odours that may arise from the movement of waste and generally with respect to the handling of waste whilst it is being moved; (l) the imposition by the Agency or a local authority on a person undertaking the movement of waste of such charges as are necessary to defray any costs reasonably incurred by the Agency or the local authority in performing any function under regulations under this section with respect to the waste; (m) requiring a person to give such security to the Agency or a local authority for the payment of any charges he or she may be liable to pay to the Agency or the local authority (as the case may be) pursuant to regulations under paragraph (l) as the Agency or the local authority may request; (n) requiring a person who undertakes the movement of waste to give security of a specified nature to the Agency, a local authority or any other specified person in respect of costs which may be incurred by the Agency, local authority or other person aforesaid in taking steps in relation to the waste in the event of a contravention by the first-mentioned person of any provision of regulations under this section as respects that waste; (o) requiring a person who undertakes the movement of waste or who is the consignee of waste imported into the State or moved within the State to return, where the Agency or a local authority directs him or her to do so, the waste to its place of origin or to such other place as may be specified in the direction and to take such measures as may be so specified in relation to the waste, including the recovery or disposal of the waste in such manner or at such facility as may be so specified; (p) specifying the circumstances in which the Agency or a local authority may give a direction to a person pursuant to regulations under paragraph (o); (q) any matters consequential on, or incidental to, the foregoing.
\n
(3)A person who contravenes a provision of regulations under this section shall be guilty of an offence.
\n
PART V
\n
Recovery and Disposal of Waste Interpretation (
\n
Part V
\n
).
\n
37.—In this Part, unless the context otherwise requires— “civic waste facility” shall be construed in accordance with section 38
\n
(2); “waste licence” includes a revised waste licence under section 46
\n
(2).
\n
Waste management facilities.
\n
38.—(1) A local authority shall provide and operate, or arrange for the provision and operation of, such facilities as may be necessary for the recovery and disposal of household waste arising within its functional area.
\n
(2)A local authority may provide and operate, or may arrange for or facilitate the provision and operation of— (a) civic waste facilities, that is to say, facilities at which waste may be deposited by members of the public, and (b) other facilities for— (i) the segregation, mixing, baling, storage or treatment of waste prior to its recovery or disposal, (ii) the recovery of waste, or (iii) the disposal of waste (other than household waste).
\n
(3)Without prejudice to the provisions of subsection (2), a local authority, having made an examination of the matter, shall provide, or arrange for the provision of, such facility or facilities as appears or appear to it to be necessary and reasonable at which vehicles may be discarded.
\n
(4)For the purpose of subsections (1), (2) and (3), a local authority may enter into an agreement or otherwise make arrangements with any other local authority or other person for the recovery or disposal of waste by such authority or person on its behalf, or the joint provision or operation by it and that other authority or person, of any relevant facility.
\n
(5)The repeal of any enactment mentioned in
\n
Part I
\n
of the Fifth Schedule shall not prejudice 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, where such facilities are in operation upon the commencement of this section.
\n
(6)The Minister may take such measures as seem to him or her to be appropriate to promote and support the establishment of such facilities for the good management, including the recovery or disposal, of waste as he or she may consider to be necessary or desirable, and without prejudice to the generality of the foregoing, may for the purpose of this subsection provide, with the consent of the Minister for Finance, grants or other forms of financial assistance in respect of the establishment of such facilities.
\n
(7)(a) Where it appears to a local authority or the Agency that it is necessary so to do for the purpose of the effective and orderly disposal of waste, a local authority or the Agency may, in such circumstances and subject to such conditions as may be prescribed, require a holder or producer of any class or classes of waste, other than household waste, to dispose, or arrange for the disposal, of that waste, in such manner, under such conditions and at such appropriate waste disposal facility as may be specified by it. (b) A person who fails to comply with a requirement under this subsection shall be guilty of an offence.
\n
(8)The Agency shall classify facilities that exist in the State for the disposal of waste in such manner and having regard to such criteria as may be prescribed.
\n
(9)For the purpose of subsection (2), other than paragraph (b) (iii), and subsection (3), “local authority” includes, as appropriate, the corporation of a borough of any kind and the council of an urban district.
\n
(10)
\n
Section 3
\n
(c) of the Derelict Sites Act, 1990 , is hereby amended by the addition of “or under” after “conferred by”.
\n
(11)(a) A person shall not deposit or discard waste at a facility provided by a local authority under this section otherwise than in accordance with any conditions for the time being standing specified by the local authority as respects the nature, type and quantity of waste that may be so deposited or discarded or the use otherwise of such a facility. (b) A local authority shall take such steps as are reasonable to bring to the notice of members of the public any conditions for the time being standing specified by it for the purposes of paragraph (a). (c) A person who contravenes paragraph (a) shall be guilty of an offence. (d) Subject to paragraph (e), waste deposited or discarded at a facility provided by a local authority under this section shall become the property of the authority. (e) Without prejudice to paragraph (c), where a person deposits or discards waste in contravention of paragraph (a)— (i) the waste shall not become the property of the local authority concerned unless it decides to assume ownership of the waste, (ii) any expenses incurred by the local authority concerned in recovering or disposing, or arranging for the recovery or disposal, of the waste shall be recoverable by it from the person as a simple contract debt in any court of competent jurisdiction.
\n
Requirement to hold waste licence.
\n
39.—(1) Subject to subsections (4) and (7), a person shall not dispose of or undertake the recovery of waste at a facility, on or after such date as may be prescribed, save under and in accordance with a licence under this Part (in this Act referred to as a “waste licence”) that is in force in relation to the carrying on of the activity concerned at that facility.
\n
(2)For the purpose of subsection (1), different dates may be prescribed in respect of different waste disposal or recovery activities, different classes of facility and different classes of waste.
\n
(3)The recovery or disposal of waste shall, in the period before a waste licence in relation to such recovery or disposal is granted or refused, be deemed not to have contravened the provisions of this Part if, before the date prescribed under subsection (1) in respect of the activity concerned— (a) an application has been made for a waste licence in respect of that activity and the requirements of regulations under sections 45 and 50 in relation to the application for a waste licence have been complied with by the applicant therefor, and (b) in the case of a disposal of waste, other than one carried out by a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, it is carried out in accordance with a permit issued under the European Communities (Waste) Regulations, 1979, or the European Communities (Toxic and Dangerous Waste) Regulations, 1982, as appropriate.
\n
(4)The Minister may by regulations provide that subsection (1) shall not apply in respect of— (a) the disposal in a specified manner of a specified class or classes of waste at its place of production, or (b) the recovery in a specified manner of a specified class or classes of waste, if and for so long as the person carrying out the disposal or recovery of the waste, as the case may be, complies with specified conditions in relation to the carrying out of such disposal or recovery.
\n
(5)Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions in relation to the following matters— (a) the quantity of waste concerned which may be recovered or disposed of in a particular period, (b) the use of the best available technology not entailing excessive costs to prevent or eliminate or, where that is not practicable, to limit, abate or reduce, an emission from the recovery or disposal activity concerned, (c) such other matters as the Minister considers are appropriate to ensure that the recovery or disposal activity concerned will not cause environmental pollution, which may include a requirement that the person concerned obtain the prior written consent of the relevant local authority to the carrying on by him or her of the activity concerned and the specification of controls to be exercised or measures to be taken by that local authority in relation to the carrying on of that activity (which that local authority is hereby empowered to exercise or take).
\n
(6)The Minister may by regulations— (a) require the producer of a specified class or classes of waste, other than household waste, to— (i) comply with specified conditions in relation to the treatment or temporary storage by him or her of the waste at the premises where it is produced, including the obtaining of the prior written consent of the relevant local authority to such treatment or storage, (ii) make a plan with respect to the taking of such measures, in the event of an incident occurring that involves the loss or release of the waste, as will prevent or minimise the risk of environmental pollution therefrom, (iii) effect and maintain a policy of insurance insuring him or her to a specified extent as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the production or holding of the waste, (b) enable a local authority to attach specified conditions to a consent granted by it pursuant to regulations under paragraph (a) (i) and to revoke such a consent where any of the conditions so attached are not complied with, (c) specify a maximum period for which the waste may be stored as aforesaid and deem storage of the waste beyond that period to be a disposal or recovery, as appropriate, of the waste.
\n
(7)In addition to the exemption from its terms provided for by section 51 , subsection (1) shall not apply in respect of— (a) the recovery or disposal of waste at a facility connected with an activity in respect of which a licence or revised licence under Part IV of the Act of 1992 is in force, where such recovery or disposal is subject to the said licence or revised licence, (b) household waste produced and disposed of within the curtilage of the same dwelling, (c) the deposit of litter in a litter bin, (d) the deposit of waste at a civic waste facility, (e) the transfer of waste to a local authority, the corporation of a borough that is not a county borough, the council of an urban district or any other person for the purpose of its being recovered or disposed of in accordance with this Act or a licence or revised licence under Part IV of the Act of 1992, (f) the disposal of animal by-products within the meaning of the European Communities (Disposal, Processing and Placing on the Market of Animal By-Products) Regulations, 1994, and (g) such other activities as may be prescribed.
\n
(8)The Minister may make regulations amending the First Schedule to the Act of 1992 by the addition thereto, subject to such modifications, if any, as he or she may determine and specifies in the regulations, of any of the activities specified in the Third Schedule or the Fourth Schedule .
\n
(9)A person who contravenes subsection (1) or a provision of regulations under subsection (4) or (6) shall be guilty of an offence.
\n
Grant of waste licences.
\n
40.—(1) (a) On application being made in that behalf to it, the Agency may grant to the applicant a waste licence subject to, or without, conditions or refuse to grant to the applicant such a licence. (b) This subsection is subject to sections 42 and 50 and regulations under section 45 .
\n
(2)Subject to subsection (5), in considering an application for a waste licence or in reviewing, pursuant to this Part, a waste licence, the Agency shall— (a) carry out or cause to be carried out such investigations as it deems necessary or as may otherwise be prescribed for the purposes of such consideration or review, (b) have regard to— (i) any relevant air quality management plan under section 46 of the Act of 1987, or water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977 , or waste management plan or hazardous waste management plan under
\n
Part II
\n
, (ii) (I) any environmental impact statement in respect of proposed development comprising or for the purposes of the waste activity concerned, which is submitted to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45 , (II) any submissions or observations made to the Agency in relation to the environmental impact statement, (III) such supplementary information (if any) relating to such statement as may have been furnished to the Agency by the applicant or licence holder under and in accordance with a requirement of, or made pursuant to, regulations under section 45 , (IV) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed activity, (iii) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity concerned as it considers necessary, and (iv) such other matters as may be prescribed.
\n
(3)(a) For the purpose of subsection (2) (b) (ii), the Agency shall, other than in the case of an environmental impact statement in respect of development proposed to be carried out by or on behalf of a local authority within the functional area of the authority, have regard to the matters mentioned in the environmental impact statement and any submissions, observations or supplementary information relating to such statement made or furnished to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45, only in so far as they relate to the risk of environmental pollution from the activity in question. (b) The reference in this subsection to a local authority's functional area is a reference to its functional area in its capacity as a planning authority.
\n
(4)The Agency shall not grant a waste licence unless it is satisfied that— (a) any emissions from the recovery or disposal activity in question (“the activity concerned”) will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any other enactment, (b) the activity concerned, carried on in accordance with such conditions as may be attached to the licence, will not cause environmental pollution, (c) the best available technology not entailing excessive costs will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned, (d) if the applicant is not a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, subject to subsection (8), he or she is a fit and proper person to hold a waste licence, (e) the applicant has complied with any requirements under section 53 .
\n
(5)Where a waste licence is granted in relation to an activity, a licence under— (a) Part III of the Act of 1987, (b) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or (c) section 171 of the Fisheries (Consolidation) Act, 1959 , shall not be granted in relation to such an activity, and any such licence that is in force in relation to such an activity shall thereupon cease to have effect in relation thereto.
\n
(6)(a) Where a waste licence is granted in relation to an activity, and a foreshore licence has been granted under the Foreshore Act, 1933 , in relation to the same activity, any conditions attached to that foreshore licence shall, in so far as they are for the purpose of preventing environmental pollution, cease to have effect. (b) The grant of a licence under the Foreshore Act, 1933 , in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity.
\n
(7)For the purpose of this Part, a person shall be regarded as a fit and proper person if— (a) neither that person nor any other relevant person has been convicted of an offence under this Act prescribed for the purposes of this subsection, (b) in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him or her to direct or control the carrying on of the activity to which the waste licence will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence and the other requirements of this Act, (c) in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the waste licence will relate in accordance with the terms thereof or in consequence of ceasing to carry on that activity.
\n
(8)The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whom subsection (7) (a) applies.
\n
(9)The references in subsections (7) and (8) to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.
\n
(10)A waste licence granted to a person under this Part may not be transferred to another person, other than under and in accordance with section 47 .
\n
(11)A person shall not be entitled solely by reason of a waste licence under this Part to make, cause or permit an emission to any environmental medium.
\n
(12)It shall be a good defence— (a) to a prosecution for an offence under any enactment other than this Part, or (b) to proceedings under— (i) section 10 or 11 of the Local Government (Water Pollution) Act, 1977 , (ii) section 20 of the Local Government (Water Pollution) (Amendment) Act, 1990 , (iii) section 28, 28A or 28B of the Act of 1987, (iv) section 57 or 58 , to prove that the act complained of is authorised by a waste licence granted under this Part.
\n
(13)(a) A holder of a waste licence shall, within a period of 1 month after the cesser of the activity to which the licence relates, give notice in writing of that fact to the Agency. (b) A person who fails to comply with paragraph (a) shall be guilty of an offence.
\n
Conditions attached to a waste licence.
\n
41.—(1) A waste licence may provide as respects any condition attached to it that the condition shall be complied with before or after any activity to which the licence relates has been commenced or has ceased.
\n
(2)Without prejudice to the generality of section 40
\n
(1)(a), conditions attached to a waste licence granted under this Part— (a) shall, as appropriate— (i) specify the waste recovery or disposal activity, as the case may be, to which the licence relates (“the activity concerned”) and the types, nature, composition and quantity of waste permitted to be recovered or disposed of during specified periods or otherwise, (ii) specify the facility where waste may be recovered or disposed of under the licence, (iii) specify procedures or methods to be followed or employed with respect to the activity concerned, having regard to the nature and composition of the waste, the proximity to the facility concerned of water catchment areas and the characteristics of the receiving environment, (iv) require specified measures to be taken to prevent the entry to waters of specified substances or to avoid pollution by specified substances, (v) specify requirements of a technical nature to be complied with for the purpose of controlling emissions arising from, or which are a result of, the activity concerned, including— (I) requirements relating to the design, construction, provision, operation or maintenance of the facility concerned, or any plant thereon, (II) other requirements for the purposes aforesaid, including the use or employment of specified procedures or codes of practice, (vi) require the monitoring, supervision and control of each aspect of the operation of the facility or any plant concerned by specified means and for that purpose require specified procedures or codes or practices to be followed or employed and precautions of a security nature to be taken, (vii) require the monitoring of such environmental media as, in the opinion of the Agency, may be affected by or as a result of the activity concerned, (viii) require records to be kept of the quantity, nature and origin of waste accepted into the facility concerned, the treatment, recovery or disposal of such waste, and where relevant, the quantity, nature, destination, frequency of collection and mode of transport of waste leaving the facility concerned, and specify the period for which such records are to be preserved, (ix) in the case of a waste disposal activity, require the recording and identification of a deposit of hazardous waste in the facility concerned, (x) require the keeping of other specified records and require specified information to be supplied to the Agency, or any other specified person, in relation to the carrying on of the activity concerned, including a statement by the holder of the licence confirming whether or not he or she has complied with each of the conditions attached to the licence,
\n
(b) may, as appropriate— (i) specify requirements to be complied with as respects the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission arising from, or which is a result of, the activity concerned (“an emission concerned”), (ii) specify the periods during which an emission concerned may, or may not, be made, (iii) specify limits to the effects of an emission concerned, (iv) specify the concentration of a pollutant in an environmental medium or a discharge rate which shall not be exceeded, (v) require the provision, operation and maintenance of meters, gauges and other apparatus or means for monitoring the nature, extent and effects of an emission concerned, (vi) specify requirements as to the training and qualifications of persons employed in carrying on the activity concerned, (vii) specify the methods, vehicles and receptacles to be employed in transporting waste to, from or within the facility concerned, (viii) require the taking and analysis of samples, the making of measurements and compliance with specified quality control procedures in connection with the activity concerned and for that purpose require— (I) the use of specified analytical standards or the services of specified laboratories to be availed of, (II) the keeping of records in relation to the samples, measurements or procedures, (III) the furnishing of information to the Agency or any other specified person in relation to the samples, measurements or procedures, (ix) require the making of a plan, and the revision thereof at specified intervals, setting out the measures to be taken in the event of any accident or incident (including any difficulty of an operational nature) occurring that involves the facility or any plant concerned, (x) require specified measures to be taken in the event of a breakdown of any plant or other equipment which may affect an emission concerned, (xi) where appropriate, specify the type of fuel to be, or not to be, used, as the case may be, (xii) require the making and maintenance of such financial provision as may be required under section 53
\n
(1), (xiii) require the holder of the licence to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the carrying on of the activity concerned, (xiv) require the making of payments by the holder of the licence to the Agency to defray costs which may be incurred by the Agency in monitoring or otherwise in performing any functions in relation to the activity concerned, (xv) specify requirements for the closure, restoration and remediation of, or the carrying out of aftercare in relation to, the facility concerned, (xvi) require the holder of the licence to comply with such further requirements in relation to the closure, restoration, remediation and aftercare of the facility concerned, or otherwise as may in due course be determined under section 46
\n
(5), (xvii) specify the latest date by which a condition attached to the licence is to be complied with.
\n
(3)The Minister may by regulations— (a) require the Agency to attach as conditions to any waste licence that may be granted by it in respect of a specified class or classes of waste recovery or disposal activity, provisions requiring compliance with any specified standard, specification, procedure or other requirement, including any requirement the imposition of which is required or necessary to give effect to any Community act in relation to waste, (b) require the Agency to attach as a condition to a waste licence of a specified class or classes a provision prohibiting the recovery or disposal of specified waste in a facility concerned or by means of a specified recovery or disposal activity, or (c) require the Agency to take account of any other specified matter in attaching conditions to a waste licence.
\n
(4)Conditions attached to a waste licence may apply in respect of any plant, or land or any part of any land, which is, or has been, used for the purpose of, or incidental to, an activity to which the licence relates and any emission from the facility concerned.
\n
(5)The Agency may recover the amount of any payment due to it arising from a condition attached to a waste licence as a simple contract debt in any court of competent jurisdiction.
\n
(6)Prior to the commencement of the waste recovery or disposal activity to which a waste licence relates, as the case may be, or the coming into force of a waste licence in respect of an activity to which section 39
\n
(3)applies, the Agency shall inspect the facility concerned in order to ensure that it complies with the relevant conditions attached to the waste licence.
\n
Application for a waste licence or review of a waste licence.
\n
42.—(1) (a) Where a person proposes to make an application to the Agency for the grant of a waste licence under section 40 or for the review of a waste licence under section 46 , he or she shall publish or give notice of his or her intention to do so in such form and to such persons as may be prescribed under section 45 . (b) Where the Agency proposes to review a waste licence under section 46
\n
(1), it shall publish such notice as may be prescribed under section 45 for the purposes of this section, and shall give notice in writing to the holder of the licence and, where appropriate, to the local authority in whose functional area the activity, the subject matter of the licence, is carried on, and to such other persons (if any) as may be so prescribed, of its intention to conduct such a review.
\n
(2)Before making a decision under section 40 in respect of an application made to it for the grant of a waste licence, or under section 46
\n
(2)in consequence of a review of a waste licence that has been conducted by it under that section, the Agency shall give notice in writing to— (a) the applicant or the holder of the licence, as the case may be, (b) any person who has made a written submission to it in relation to the application or the review, in accordance with regulations under this Part, (c) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on, and (d) such other persons as may be prescribed, of the decision it proposes to make in respect of the application or in consequence of the review and, where the decision so notified is a decision to grant a waste licence or a revised waste licence, shall specify where a copy of the proposed licence or revised licence may be obtained.
\n
(3)Any person may, subject to compliance with the requirements of any regulations under sections 45 and 50 , and at any time before the expiration of the appropriate period, make an objection to the Agency in relation to a decision referred to in subsection (2) that it proposes to make.
\n
(4)An objection shall— (a) be made in writing, (b) state the name and address of the objector, (c) state the subject matter of the objection, (d) state in full the grounds of objection and the reasons, considerations and arguments on which they are based, and (e) be accompanied by such fee (if any) as may be payable in respect of the making of such objection in accordance with regulations under section 50 .
\n
(5)(a) An objection which does not comply with the requirements of subsection (4) shall be invalid. (b) The requirement of subsection (4) (d) shall apply whether or not the objector requests, or proposes to request, under subsection (9) an oral hearing of the objection.
\n
(6)An objection shall be accompanied by such documents, particulars, or other information relating to the objection as the objector considers necessary or appropriate.
\n
(7)Without prejudice to the provisions of any regulations under section 45 , an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of objection stated in the objection, and any such elaboration, submissions or further grounds of objection that is or are received by the Agency shall not be considered by it.
\n
(8)Any documents, particulars or other information submitted by an objector, other than such documents, particulars or other information which accompanied the objection or which were furnished to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45 , shall not be considered by the Agency.
\n
(9)(a) A person making an objection under subsection (3) may request an oral hearing of the objection. (b) (i) A request for an oral hearing of an objection shall be made in writing to the Agency and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations under section 50 . (ii) A request for an oral hearing of an objection which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Agency. (c) A request for an oral hearing of an objection shall be made within the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.
\n
(10)An objection, or a request for an oral hearing under subsection (9), shall be made— (a) by sending the objection or request by prepaid post to the Agency, or (b) by leaving the objection or request with an employee of the Agency, at the principal office of the Agency, during office hours, or (c) by such other means as may be prescribed.
\n
(11)(a) Where a request for an oral hearing of an objection is made in accordance with subsection (9), or otherwise where an objection has been made, the Agency shall have an absolute discretion to hold an oral hearing in relation to the objection and, if it decides to hold such a hearing, it shall give notice in writing of that decision to— (i) the applicant or the holder of the licence, as the case may be, (ii) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on, (iii) any person who requested an oral hearing, and (iv) such other person as may be prescribed. (b) Where the Agency decides not to hold an oral hearing under this subsection, it shall give notice in writing of its decision to the person who requested the oral hearing.
\n
(12)In this section “the appropriate period” means the period of 28 days beginning on the day on which notification is sent under subsection (2) in respect of the matter concerned.
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Section 42
\n
: supplementary provisions.
\n
43.—(1) (a) Where— (i) no objection is made in accordance with section 42
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(3)to the Agency in relation to a decision that it proposes to make in respect of an application made to it for the grant of a waste licence or in consequence of a review conducted by it of a waste licence, or (ii) any objection or objections that has or have been so made to it in relation thereto is or are withdrawn, the decision of the Agency in relation to that application or in consequence of the review shall be that as notified by it under section 42
\n
(2). (b) Where the decision of the Agency is to grant a waste licence or a revised waste licence, such a licence shall be granted by it as soon as may be after the making of the decision.
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(2)Without prejudice to section 40
\n
(4), where an objection has been made in accordance with section 42
\n
(3)in relation to a decision referred to in section 42
\n
(2)which it proposes to make, and has not been withdrawn, the Agency shall consider such objection and any submissions, plans, documents or other information and particulars furnished to the Agency in accordance with regulations under section 45 in relation to such objection and, where an oral hearing has been held in relation to the objection, to the report on the hearing, and as soon as may be thereafter the Agency shall decide to grant or refuse to grant the relevant licence in accordance with section 40
\n
(1).
\n
(3)For the purposes of subsection (2), the Agency may consider an objection in relation to a decision referred to in section 42
\n
(2), notwithstanding a default of compliance on the part of an objector with a requirement of, or made pursuant to, regulations under section 45 to furnish any submissions, plans, documents or other information and particulars, without further notice to that person.
\n
(4)It shall be the duty of the Agency to ensure that— (a) a decision by it under section 42
\n
(11)to hold an oral hearing, or (b) a decision by it in respect of an application made to it for the grant of a waste licence or in consequence of a review that has been conducted by it of a waste licence, whether or not an oral hearing has been held in relation to any objection made to it in accordance with section 42
\n
(3)in respect of that decision, shall be given as expeditiously as may be, and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of any such application or the completion of any such review.
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(5)(a) A person shall not question the validity of a decision of the Agency on an application made to it for the grant of a waste licence, or in consequence of a review conducted by it of such a licence, otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (hereafter in this subsection referred to as “the Order”). (b) An application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) shall— (i) be made within the period of 2 months commencing on the date on which the decision is given, (ii) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to— (I) the Agency, (II) where the applicant for leave is not the applicant for, or the holder of, the waste licence concerned, the applicant for or holder of that licence, (III) any person who has made an objection in accordance with section 42
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(3)to the Agency in relation to the matter concerned, (IV) any other person specified for that purpose by order of the High Court, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed. (c) (i) The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. (ii) This paragraph shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution. (d) References in this subsection to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.
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Conduct of oral hearing and written report thereon.
\n
44.—(1) (a) An oral hearing under section 42 shall be conducted by a person appointed for that purpose by the Agency. (b) Subject to any regulations under subsection (4), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person appointed under this subsection but it shall be the duty of that person to ensure that the hearing is conducted without undue formality.
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(2)The person appointed under subsection (1) may take evidence on oath at the oral hearing and for that purpose may administer oaths, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
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(3)The person appointed under subsection (1) shall make a written report on the hearing to the Agency and shall include in the report a recommendation relating to the grant of a waste licence or a revised waste licence, as the case may be (including the conditions to be attached to such a licence) or to the refusal of such a licence.
\n
(4)(a) The Minister may make regulations in relation to the conduct of an oral hearing under section 42 and the procedures at such a hearing. (b) Without prejudice to the generality of paragraph (a), regulations under this subsection shall provide for all of the following— (i) matters that may be raised at an oral hearing; (ii) the persons who may be heard at an oral hearing; (iii) enabling the person conducting an oral hearing to require any person to attend the hearing and give evidence in relation to any matter in question at the hearing; (iv) the publication or giving of notice of the holding of an oral hearing; (v) the alteration of the time and place of the holding of an oral hearing; (vi) the provision of submissions, plans, documents or other information and particulars to persons; (vii) the adjournment or re-opening of an oral hearing, and the publication or giving of notice regarding such an adjournment or re-opening; (viii) the replacement of a person appointed to conduct an oral hearing or the conduct of a new oral hearing; (ix) the withdrawal of a request for an oral hearing, and matters consequential thereon.
\n
Regulations regarding waste licences.
\n
45.—(1) The Minister shall make regulations in relation to applications for the grant of waste licences or for the review of waste licences and in relation to the grant or review of such licences, and such regulations may contain different provisions in relation to different classes of such matters.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following— (a) the form in which an application for the grant of a waste licence (“a licence”) or for the review of a licence shall be made and the form of a licence, (b) the time within which an application for the grant or review of a licence shall be made relative to publication or giving of a notice under section 42
\n
(1)in respect of such an application, (c) the making of objections under section 42
\n
(3), (d) the publication or giving by an applicant for the grant of a licence (“an applicant”), a holder of a licence, or the Agency of specified notices, (e) requiring or enabling submissions, plans, documents and other information and particulars, including an environmental impact statement, to be furnished to the Agency or any other specified person by an applicant, a holder of a licence, a person making objections under section 42
\n
(3)(“an objector”) or any other person within such periods as may be specified, (f) requiring or enabling an applicant, a holder of a licence, an objector or any other person to furnish to the Agency or any other specified person, within such period as may be specified by the Agency, such additional information or particulars (including an environmental impact statement) relating to an application for the grant of a licence or for the review of a licence as the Agency may require or request, (g) requiring the production to the Agency, within such period as may be specified by it, of such evidence as it may reasonably require in order to verify any information or particulars furnished to it by an applicant, a holder of a licence, an objector or any other person under and in accordance with regulations under this section, (h) requiring the Agency to publish or make available for inspection or purchase by members of the public of a copy of an application for the grant of a licence or for the review of a licence or of any submissions, plans, documents or other information (including, where appropriate, an environmental impact statement and any supplementary information relating thereto), or any extract therefrom, that relate or relates to such an application, (i) procedures to be followed by the Agency in dealing with an application for the grant of a licence or in conducting a review of a licence (including consultation procedures in relation to an environmental impact statement), whether or not an oral hearing is held in respect thereof, and the times within which the steps in such procedures shall be taken, (j) without prejudice to paragraph (i), the period within which a decision to grant a licence may be made, (k) the publishing of a decision given by the Agency in respect of an application made to it for the grant of a licence or in consequence of a review conducted by it of a licence, and the reasons therefor, and of any specified documents or other information in relation to the decision, (l) the information to be contained in an environmental impact statement, (m) requiring an applicant or a holder of a licence to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the Agency in relation to an application for the grant of a licence or a review of a licence, or (n) specifying the conditions and circumstances under which an application for the grant of a licence may be deemed by the Agency to have been withdrawn.
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(3)Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, such regulations.
\n
(4)A person who, in relation to an application for a waste licence or for a review of a waste licence, makes a statement in writing which to his or her knowledge is false or misleading in a material respect shall be guilty of an offence.
\n
(5)A defrayment or contribution, the payment of which is required under regulations under this section, shall be payable on demand and, in default of being so paid, shall be recoverable by the Agency from the person concerned as a simple contract debt in any court of competent jurisdiction.
\n
Review of waste licences.
\n
46.—(1) The Agency may review a waste licence— (a) on any of the grounds referred to in subsection (3), (b) with the consent of, or upon an application in that behalf being made by, the holder of the licence, or (c) at a time not less than 3 years from the date on which the licence was granted.
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(2)As soon as may be after it has completed a review of a waste licence under this section, the Agency may grant to the holder thereof a waste licence (“a revised waste licence”) the terms and conditions of which are, in such respects as the Agency thinks appropriate, different from those of the first-mentioned licence and the revised waste licence shall have effect in lieu of the first-mentioned licence.
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(3)The grounds mentioned in subsection (1) (a) are: (a) the Agency considers that any emission arising from or as a result of the activity to which the waste licence relates (“an emission concerned”) constitutes a risk of environmental pollution, (b) there has been a material change in the nature of the activity to which the waste licence relates, or in the nature or extent of an emission concerned, or of the location in which the said activity is carried on or an adjacent area, (c) there has been a material change, which could not reasonably have been foreseen when the waste licence was granted, in the condition of the environment in the area in which the activity to which the licence relates is carried on, (d) evidence, which was not available when the waste licence was granted and would have materially affected the decision of the Agency to grant the licence subject to the conditions to which it was granted, has become available, (e) new standards or requirements relating to the conduct or control of the activity to which the waste licence relates, the content or nature of an emission concerned, or their effects on the environment, are prescribed under a provision of this Act or a Community act.
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(4)In the review of a waste licence under this section, the Agency shall have regard to— (a) any change in the quality of the environment in the area in which the activity to which the waste licence relates is carried on, and (b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution, since the waste licence was granted or last reviewed.
\n
(5)(a) Without prejudice to subsection (1), the Agency shall review a waste licence upon receipt of a notification under section 40
\n
(13), or on otherwise becoming aware of the cessation of the activity to which the licence relates, or following a refusal by it to accept the surrender of the licence under section 48
\n
(7). (b) In a review under this subsection, the Agency shall determine such measures as are in its opinion necessary for the purpose of, as appropriate— (i) the closure, restoration, remediation or aftercare of any facility concerned for the recovery or disposal of waste, (ii) environmental protection, and may grant a revised waste licence accordingly, including such conditions as it deems appropriate as respects the matters aforesaid.
\n
Transfer of waste licences.
\n
47.—(1) A waste licence may be transferred from the holder to another person in accordance with this section.
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(2)Where the holder of a waste licence desires that the licence be transferred to another person (hereafter in this section referred to as “the proposed transferee”), the holder of the licence and the proposed transferee shall jointly make an application to the Agency requesting that such a transfer be effected by the Agency.
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(3)An application under subsection (2) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 50 and the waste licence concerned.
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(4)The Agency may require the provision of such further information by the holder of the licence or the proposed transferee as it considers appropriate for the purposes of dealing with an application made by them under this section.
\n
(5)If, on consideration of an application under subsection (2), and any relevant information provided in respect thereof, the Agency is satisfied— (a) that the proposed transferee would, if he or she were an applicant for the licence, be regarded by it as a fit and proper person to be granted under section 40 a like waste licence to the licence concerned, (b) that the proposed transferee has complied with any requirements under section 53 , and (c) regarding such other matters as may be prescribed, it shall effect a transfer of the licence to the proposed transferee in such manner as may be prescribed.
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(6)A person to whom a waste licence is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the licence, regardless of how and in respect of what period, including a period prior to the transfer of the licence, they may arise.
\n
Surrender of waste licences.
\n
48.—(1) A waste licence may be surrendered by its holder, but only if the Agency accepts the surrender.
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(2)The holder of a waste licence who desires to surrender it shall make an application for that purpose to the Agency, in such form, giving such information and accompanied by such evidence as may be prescribed and accompanied by such fee as may be prescribed under section 50 .
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(3)Upon receiving an application for the surrender of a waste licence, the Agency— (a) shall inspect the facility at which the activity to which the licence relates is carried on (“the relevant facility”), and (b) may require the holder of the licence to furnish to it such further information or evidence as it may specify.
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(4)For the purpose of subsection (3), the Agency may, by notice in writing served on the person, require a person who has made an application to it under subsection (2) to carry out, or arrange to have carried out, in such manner as may be specified in the notice, such monitoring, sampling and investigations, in addition to those which may be required under a condition attached to the waste licence concerned, as the Agency considers necessary, and so specifies, and any requirement so made shall be regarded as a condition attaching to that licence.
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(5)Where the Agency proposes to accept the surrender of a waste licence, it shall consult with such persons and in accordance with such procedures as may be prescribed.
\n
(6)Having regard to such information or evidence as is furnished to it under paragraph (b) of subsection (3) and to the results of an inspection under paragraph (a) of that subsection and of any monitoring, sampling and investigation required to be carried out under subsection (4), the Agency shall assess the condition of the relevant facility, so far as that condition is the result of the use of the facility for the recovery or disposal of waste (whether or not carried on in accordance with the waste licence concerned) and the likely effect on any environmental media of any emissions from the relevant facility that may occur.
\n
(7)If the Agency is satisfied that the condition of the relevant facility is not causing or likely to cause environmental pollution, it shall accept the surrender of the waste licence, but otherwise shall refuse to accept the surrender of the licence.
\n
(8)A decision of the Agency under subsection (7) shall be conveyed to— (a) the applicant concerned, (b) the local authority in whose functional area the activity, the subject matter of the waste licence, has been carried on, and (c) any person concerned that it has consulted under subsection (5), by notice in writing, as soon as may be after the decision is made and where the decision is a decision to accept the surrender of a waste licence, that licence shall cease to have effect upon the service of the said notice.
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(9)The making of an application for the surrender of a waste licence under this section or the cesser of the activity to which a waste licence relates, shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the holder of such licence as are specified in or arise under the licence.
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Limit on duration of waste licences.
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49.—(1) Where the activity to which a waste licence relates has not been substantially commenced within the period of 3 years beginning on the date on which the licence was granted or, as may be appropriate, the period referred to in paragraph (a) or (b) of subsection (2), then that licence shall cease to have effect on the expiry of the said period.
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(2)The Agency may, having regard to the nature of the activity to which a waste licence to be granted or granted by it will relate or relates, as the case may be, and any arrangements necessary to be made or made in connection with the carrying on of the activity and any other relevant consideration— (a) specify for the purposes of subsection (1) a period of more than 3 years beginning on the date on which the licence is to be granted, (b) in the case of a waste licence granted by it, on an application which complies with such requirements (if any) as may be prescribed being made by the holder of the licence in that behalf, extend for the purposes of subsection (1) the period referred to in that subsection or specified by it under paragraph (a), as may be appropriate.
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Fees.
\n
50.—(1) The Minister shall make regulations providing for the, payment to a local authority or the Agency, as appropriate, of a fee of a specified amount in respect of— (a) an application made to the local authority for the grant of a waste collection permit under section 34 , (b) an application made to the Agency for— (i) the grant of a waste licence under section 40 ; (ii) a review of such a licence under section 46 ; (iii) the transfer of such a licence under section 47 ; (iv) the surrender of such a licence under section 48 ; and (v) the extension for the purposes of section 49 of a period mentioned in that section, (c) an objection made to the Agency under section 42
\n
(3)or a request for an oral hearing in relation to such an objection made to it under section 42
\n
(9), and such regulations may make provision for— (I) the payment of fees of different amounts in respect of different classes of such applications or other matters as aforesaid, (II) the exemption from the payment of any such fee in such circumstances as may be specified, (III) the waiver, remission or refund (in whole or in part) of any such fee in such circumstances as may be specified, and (IV) the manner in which such fees may be disposed of.
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(2)Where, pursuant to regulations under this section, a fee is payable to a local authority or the Agency in respect of an application or request made to it, the local authority or the Agency, as the case may be, shall not consider or determine the application or request unless and until such fee is received.
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Recovery of sludges and agricultural waste.
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51.—(1) The provisions of this section shall apply notwithstanding the provisions of any bye-law made under section 21 of the Local Government (Water Pollution) (Amendment) Act, 1990 .
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(2)(a) Subject to paragraph (b), a waste licence under section 39 shall not be required for the recovery of— (i) sludge from a facility operated by a local authority for the treatment of water or waste water, (ii) blood of animal or poultry origin, (iii) faecal matter of animal or poultry origin in the form of manure or slurry, or (iv) such natural agricultural waste as may be prescribed. (b) The Minister may make regulations amending paragraph (a) by adding or deleting to or from that provision any specified class or classes of waste or waste recovery activity. (c) “Recovery”, for the purpose of this section, includes the injection of waste into land for the purpose of benefiting the carrying on of any agricultural or silvicultural activity or an ecological system.
\n
(3)The Minister may make regulations prohibiting, or limiting or controlling in a specified manner and to a specified extent, the recovery of any waste to which subsection (2) applies (hereafter in this section referred to as “relevant waste”).
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(4)Without prejudice to the generality of subsection (3), regulations under this section may make provision in relation to all or any of the following matters: (a) a requirement that the recovery of relevant waste shall not be carried out without the prior written consent of the local authority in whose functional area the proposed recovery activity is to take place, and enabling that local authority to attach such conditions to such a consent as it considers appropriate, (b) the rate at which relevant waste may be spread on or injected into land, (c) specifying— (i) limits in respect of the constituent elements of relevant waste or of the concentration of such elements in land on which relevant waste is recovered, and (ii) maximum annual quantities of the constituent elements of relevant waste which may be recovered on land, (d) the treatment, sampling and analysis, in a specified manner, of relevant waste and the monitoring, sampling and analysis, in a specified manner, of land on which such waste is recovered, (e) restricting the use of land on or in which relevant waste is recovered, (f) (i) the keeping by a person of records containing specified particulars as respects— (I) the production, treatment, recovery, or the transfer to another person, of relevant waste, (II) the monitoring, sampling and analysis of relevant waste or of land on which such waste is recovered, (ii) the entry in a register required to be established and maintained for the purpose by a local authority of particulars as aforesaid, (iii) the furnishing of specified information to a local authority or any other specified person in relation to the matters referred to in subparagraph (i), (g) the furnishing by a local authority to the Agency of such information regarding waste referred to in subsection (2) (a) (i), in such manner and at such times, as the Agency may require and the preparation and publication by the Agency— (i) of a report, by a specified date, regarding the recovery and disposal of the said waste, (ii) of further reports, at specified intervals after the said date, regarding the said recovery and disposal, (h) the issue of directions or guidance to local authorities with respect to the performance of their functions under regulations under this section, (i) requiring compliance by specified persons with specified codes of practice concerning the carrying on of any recovery activity in respect of relevant waste, (j) any matters consequential on, or incidental to, the foregoing.
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(5)A person who contravenes a provision of regulations under this section shall be guilty of an offence.
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(6)For the purpose of this section, other than subsection (4) (a), “local authority” includes the corporation of a borough of any kind and the council of an urban district.
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Discharges to sewers.
\n
52.—Section 97 of the Act of 1992 shall apply in relation to the grant of a waste licence under this Part as if a reference in that section to a licence or revised licence were a reference to a waste licence under this Part.
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Financial provisions regarding waste recovery and disposal.
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53.—(1) The Agency may, before it does any of the following things, namely— (a) decides whether to— (i) grant a waste licence, (ii) transfer such a licence, (b) conducts a review of a waste licence, require the applicant for, or the holder of, the licence or the proposed transferee, as the case may be, to— (i) furnish to it such particulars in respect of such matters affecting his or her ability to meet the financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the licence relates or will relate, as the case may be, in accordance with the terms of the licence or in consequence of ceasing to carry on that activity as it may specify, and (ii) make, and furnish evidence of having so made, such financial provision as it may specify (which may include the entering into a bond or other form of security) as will, in the opinion of the Agency, be adequate to discharge the said financial commitments or liabilities.
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(2)A person who, pursuant to a requirement made of him or her under subsection (1), furnishes to the Agency any particulars or evidence which he or she knows to be false or misleading in a material respect shall be guilty of an offence.
\n
(3)The Minister may make regulations for the purposes of this section.
\n
(4)Without prejudice to the generality of subsection (3), regulations under this section may specify by reference to the type of activity to which the waste licence concerned relates or will relate— (a) the nature of the financial provision that the Agency may require a person to make under subsection (1) (ii), (b) the matters to be had regard to by the Agency in determining the amount of financial provision that it may require a person to make under subsection (1) (ii).
\n
Application of the Act of 1963 and related regulations.
\n
54.—(1) Where a waste licence is granted under this Act in relation to an activity, and a permission has been granted under Part IV of the Act of 1963 in respect of development comprising or for the purposes of that activity, any conditions attached to that permission shall, in so far as they are for the purposes of the prevention, limitation, elimination, abatement or reduction of environmental pollution, cease to have effect.
\n
(2)The grant of a permission under Part IV of the Act of 1963 in relation to any development comprising or for the purposes of a waste recovery or disposal activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity.
\n
(3)Notwithstanding section 26 of the Act of 1963 or any other provision of the Local Government (Planning and Development) Acts, 1963 to 1993, where a waste licence has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, in respect of any development comprising or for the purposes of the activity— (a) decide to refuse a permission or an approval under Part IV of the Act of 1963 for the reason that the development would cause environmental pollution, or (b) decide to grant such permission subject to conditions which are for the purposes of prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity, and accordingly— (i) a planning authority in dealing with an application for a permission or for an approval for any such development shall not consider any matters relating to the risk of environmental pollution from the activity; (ii) An Bord Pleanála shall not consider any appeal made to it against a decision of a planning authority in respect of such an application, or any submissions or observations made to it in relation to any such appeal, so far as the appeal, or the submissions or observations, as the case may be, relates or relate to the risk of environmental pollution from the activity.
\n
(4)Where a permission under Part IV of the Act of 1963 has been granted or an application has been made for such permission in relation to any development comprising or for the purposes of a waste recovery or disposal activity, the carrying on of which requires the grant of a waste licence, the Agency— (a) shall consult with the planning authority in whose functional area the activity is or will be carried on in relation to any development which— (i) is necessary to give effect to any conditions to be attached to a waste licence in respect of the activity, and (ii) the Agency considers is not the subject of a permission or an application for a permission under Part IV of the Act of 1963, and (b) may attach to the waste licence such conditions related to the development aforesaid as may be specified by the said planning authority for the purposes of the proper planning and development of its functional area, or more stringent conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity.
\n
(5)Works consisting of or incidental to the carrying out of development referred to in subsection (4) (a) and the provision of waste collection receptacles in accordance with regulations under section 29
\n
(4)(o) shall each be exempted development within the meaning, and for the purposes, of the Local Government (Planning and Development) Acts, 1963 to 1993, and a condition attached to a permission granted under Part IV of the Act of 1963 shall not prejudice, affect or restrict in any way the provision of waste collection receptacles as aforesaid.
\n
(6)References in sections 25, 26 and 41 of the Act of 1963 to an activity in relation to which a licence under Part IV of the Act of 1992 is required shall be construed as including references to an activity in relation to which a waste licence under this Act is required.
\n
(7)(a) Where development is proposed to be carried out by or on behalf of a local authority in its functional area, being development which comprises or is for the purposes of a waste recovery or disposal activity requiring the grant by the Agency to the local authority of a waste licence, the Minister may by order grant an exemption (if he or she is satisfied that exceptional circumstances warrant the granting of such an exemption) in respect of such development from a requirement of regulations under section 45 to furnish an environmental impact statement. (b) The Minister in making an order under this subsection shall comply with the provisions of Article 2 (3) of Council Directive 85/337/EEC of 27 June, 19851 . (c) Without prejudice to paragraph (b), the Minister shall, where he or she considers it necessary to do so for the purpose of paragraph 3 (a) of Article 2 of the aforesaid Directive, specify in an order under this subsection requirements to be complied with by the local authority concerned or, as the case may be, the person who proposes to carry out the development on its behalf in relation to the matters specified in the said paragraph. (d) The Minister shall cause an order under this subsection to be published in the Iris Oifigiúil. (e) The reference in this subsection to a local authority's functional area is a reference to its functional area in its capacity as a planning authority.
\n
(8)The Minister may make regulations specifying the time within which an application for a waste licence shall be made relative to an application for a permission under Part IV of the Act of 1963.
\n
PART VI
\n
General Provisions Regarding Environmental Protection Power of local authority to require measures to be taken in relation to the holding, recovery or disposal of waste.
\n
55.—(1) (a) Where it appears to a local authority, as respects its functional area, that it is necessary so to do in order to prevent or limit environmental pollution caused, or likely to be caused, by the holding, recovery or disposal of waste, the local authority may serve a notice under this section on a person who is or was holding, recovering or disposing of the waste, as the case may be. (b) Paragraph (a)shall not apply in respect of the recovery or disposal of waste carried on in accordance with a waste licence, or a licence or revised licence granted under Part IV of the Act of 1992.
\n
(2)A notice under this section may require— (a) the taking of specified measures which the local authority considers necessary in order to prevent or limit the environmental pollution concerned or prevent a recurrence thereof, (b) the cesser of the holding, recovery or disposal concerned, (c) the mitigation or remedying of any effects of any activity aforesaid in a specified manner, within a specified period (not being less than 14 days commencing on the date of the service of the notice).
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(3)A notice under this section— (a) may be served whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned; (b) shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.
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(4)A person on whom a notice under this section has been served may, within such period as may be specified in the notice for the purpose, make representations in writing to the local authority concerned regarding the terms of the notice, and the local authority, having considered any such representations, may amend the terms of the notice or confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.
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(5)A person on whom a notice under this section has been served shall, within the period specified in the notice, comply with the terms thereof.
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(6)If a person on whom a notice under this section has been served does not, within the period specified in the notice, comply with the terms thereof, the local authority concerned may take such steps as it considers reasonable and necessary to secure compliance with the notice, and may recover any expense thereby incurred from the said person as a simple contract debt in any court of competent jurisdiction.
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(7)Without prejudice to the generality of subsection (2), a notice under this section may require— (a) the removal of waste to any location or locations, (b) the disposal of waste in a specified manner or at a specified facility, (c) the taking of measures to prevent the continuance of the activity to which the notice relates, (d) the treatment of affected lands or waters so as to mitigate or remedy the effects of the activity concerned, (e) the taking of such other action as may be necessary to counteract any risk of environmental pollution arising from the activity concerned.
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(8)A person who fails to comply with a notice under this section shall be guilty of an offence.
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(9)Save where the context does not admit such a construction, references in this section to a notice thereunder shall, if the notice has been amended under subsection (4), be construed as references to the notice as so amended.
\n
Powers of local authority to take measures to prevent or limit environmental pollution caused by waste.
\n
56.—(1) Where it appears to a local authority that measures are required to be taken in order to prevent or limit environmental pollution in its functional area caused, or likely to be caused, by the holding, recovery or disposal of waste, the local authority may take such steps, carry out such operations, recover or dispose of, or arrange for the recovery or disposal of, such waste or give such assistance as it considers necessary to prevent or limit such pollution or to mitigate or remedy the effects on the environment of any such activity.
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(2)Where a local authority takes steps, carries out operations, recovers or disposes of, or arranges for the recovery or disposal of, waste or gives assistance under this section, the local authority may recover the costs of such steps, operations, recovery, disposal or assistance as a simple contract debt in a court of competent jurisdiction from such person as the local authority satisfies the court is a person whose act or omission necessitated such steps, operations, recovery, disposal or assistance.
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(3)Nothing in this Act or an instrument made thereunder or any other enactment shall prejudice the taking of necessary action by a local authority in pursuance of the powers under this section.
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Powers of High Court in relation to the holding, recovery or disposal of waste.
\n
57.—(1) Where, on application by any person to the High Court, that Court is satisfied that waste is being held, recovered or disposed of in a manner that causes or is likely to cause environmental pollution, it may by order— (a) require the person holding, recovering or disposing of such waste to carry out specified measures to prevent or limit, or prevent a recurrence of, such pollution, within a specified period, (b) require the person holding, recovering or disposing of such waste to do, refrain from or cease doing any specified act, or to refrain from or cease making any specified omission, (c) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.
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(2)An application for an order under this section shall be by motion, and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.
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(3)An application for an order under this section may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.
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(4)Without prejudice to the powers of the High Court to enforce an order under this section, a person who fails to comply with an order under this section shall be guilty of an offence.
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Remedies for unauthorised holding, recovery or disposal of waste.
\n
58.—(1) (a) Where, on application by any person to the appropriate court, that court is satisfied that another person is holding, recovering or disposing of, or has held, recovered or disposed of, waste, in a manner that is causing, or has caused, environmental pollution, that court may make an order requiring that other person to do one or more of the following, that is to say: (i) to discontinue the said holding, recovery or disposal of waste within a specified period, or (ii) to mitigate or remedy any effects of the said holding, recovery or disposal of waste in a specified manner and within a specified period. (b) In this subsection, “appropriate court”, in relation to an application under paragraph (a) means— (i) in case the estimated cost of complying with the order to which the application relates does not exceed £5,000, the District Court, (ii) in case the estimated cost aforesaid does not exceed £30,000, the Circuit Court, and (iii) in any case, the High Court. (c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed £5,000, it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid. (ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed £30,000, it may, if it so thinks fit, transfer the application to the High Court. (iii) This paragraph is without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this section in relation to which it was, at the time of the making of the application, the appropriate court.
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(2)(a) An application for an order under this section shall be brought in a summary manner and the court when considering the matter may make such interim or interlocutory order as it considers appropriate. (b) Where an application is transferred under paragraph (c) of subsection (1), the court to which it was transferred shall be deemed to have made any order made under this subsection by the court from which it is so transferred in the proceedings in relation to the application.
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(3)(a) An order shall not be made by a court under this section unless the person named in the order has been given an opportunity of being heard by the court in the proceedings relating to the application for the order. (b) The court concerned may make such order as to the costs of the parties to or persons heard by the court in proceedings relating to an application for an order under this section as it considers appropriate.
\n
(4)(a) Where a person does not comply with an order under subsection (1), a local authority, as respects its functional area, or the Agency, may take any steps specified in the order to mitigate or remedy any effects of the activity concerned. (b) The amount of any expenditure incurred by a local authority or the Agency in relation to steps taken by it under paragraph (a) shall be a simple contract debt owed by the person in respect of whom the order under subsection (1) was made to the authority or the Agency, as the case may be, and may be recovered by it from the person as a simple contract debt in any court of competent jurisdiction.
\n
(5)(a) An application under subsection (1) to the District Court shall be made to the judge of the District Court for the District Court district in which the activity concerned takes place. (b) An application under subsection (1) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the activity concerned takes place.
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(6)An application under subsection (1)may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.
\n
(7)Without prejudice to any powers of the court concerned to enforce an order under subsection (1), a person who fails to comply with an order under that subsection shall be guilty of an offence.
\n
Functions of local authorities in regard to waste.
\n
59.—(1) Each local authority shall, save in a particular case where a provision of this Act provides to the contrary, be responsible for the supervision of, and the enforcement of the relevant provisions of this Act in relation to, the holding, recovery and disposal of waste within its functional area.
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(2)Nothing in subsection (1) shall be construed as prejudicing the right of the Agency or any other person to perform any functions conferred on it or him or her by or under any provision of this Act.
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PART VII
\n
Miscellaneous Policy directions by Minister in relation to waste licensing, the movement of waste and other matters.
\n
60.—(1) The Minister may, whenever he or she thinks proper, give general directions in writing to the Agency or each local authority as to policy in relation to, as appropriate— (a) the making or review of the hazardous waste management plan or a waste management plan, (b) the management of waste recovery or disposal activities carried on otherwise than under a waste licence, (c) the granting of waste licences, (d) the performance by the Agency or local authority of its functions under this Act with respect to movements of waste, (e) matters related to matters aforesaid.
\n
(2)In performing its functions under this Act, the Agency or each local authority concerned, as the case may be, shall have regard to any directions given to it by the Minister under this section.
\n
(3)Save as respects the matters referred to in paragraph (a) thereof, subsection (1) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency or a local authority of a function conferred on it by or under this Act.
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(4)Whenever the Minister gives a direction under this section, he or she shall— (a) as soon as may be cause a copy of the direction to be laid before each House of the Oireachtas; (b) cause a copy of the direction to be transmitted to the Agency or each local authority concerned, as the case may be; (c) cause to be published in the Iris Oifigiúil a notice of the giving of the direction.
\n
(5)A notice under subsection (4)(c) shall specify where a copy of the direction to which it relates may be obtained and the fee (if any) payable in respect of such a copy (which the Minister is hereby empowered to charge).
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Detention and forfeiture of certain vehicles and equipment.
\n
61.—(1) (a) Where proceedings are instituted for an offence under section 36 , 39 or 51 and those proceedings are to be prosecuted on indictment, a judge of the District Court for the appropriate District Court district may, on application to him or her in that behalf by the local authority in whose functional area the offence is alleged to have been committed, or by the Agency, make an order requiring the defendant in those proceedings to enter into a bond of an amount equal to the value which the judge estimates to be the value of any vehicle or equipment owned by the defendant that is alleged by the local authority or by the Agency to have been used in the commission of the offence. (b) In this subsection “appropriate District Court district” means the District Court district in which the offence concerned is alleged to have been committed or the defendant concerned resides or carries on business.
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(2)If a defendant fails to comply with an order of a judge of the District Court under subsection (1), the judge may (without prejudice to any other means of enforcing the order) make an order authorising the local authority concerned or the Agency to detain any vehicle or equipment in respect of which the first-mentioned order was made pending the determination of the proceedings for the offence concerned.
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(3)If a person is convicted on indictment of an offence under section 36 , 39 or 51 , the court before which the person is convicted may order the forfeiture to the local authority in whose functional area the offence was committed or the Agency of any vehicle or equipment owned by the defendant that was used in the commission of the offence or the amount of any bond entered into by the defendant in compliance with an order under subsection (1).
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(4)An order under subsection (3) shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.
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(5)A local authority or the Agency may deal with or (as appropriate) dispose of, as it thinks fit, any vehicle or equipment, or the amount of any bond, forfeited to it under subsection (3).
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Power to give effect to Community acts.
\n
62.—(1) The Minister may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be specified in the regulations for the purpose of enabling the State to give effect to any Community act in relation to waste.
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(2)This section applies to the provisions of— (a) this Act, and (b) Part IV of the Act of 1992.
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(3)In this section “modifications” includes modifications effected by the addition to, or the deletion from, the provision concerned of any matter or thing.
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Agreements between Agency and other public authorities.
\n
63.—(1) Subject to subsection (2), section 45 of the Act of 1992 shall apply in respect of any functions which may be performed by the Agency under this Act.
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(2)Subsection (1) shall not be construed as enabling the Agency to authorise a public authority to perform any functions under
\n
Part II
\n
or to grant or refuse to grant a waste licence under
\n
Part V
\n
.
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Mass balances of specified substances.
\n
64.—The Act of 1992 is hereby amended by the insertion of the following section after section 96: “96A.—(1) The Minister may, for the purposes of— (a) determining the extent of, and making available to members of the public information in relation to, the release of substances to environmental media resulting from the use or consumption of any specified class or classes of substance in any specified class or classes of process, development or operation (whether or not comprising an activity to which Part IV applies), (b) determining, and making available information in relation to, the relationship (‘the mass balance’) between such a release of a substance and the use or consumption of a substance aforesaid in a process, development or operation aforesaid, make regulations requiring a person who carries out a process, development or operation aforesaid to make such determination of, and provide to the Agency or specified public authorities, or publish, such information in relation to, the matters referred to in paragraphs (a) and (b) as may be specified in the regulations.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following: (a) requiring the person concerned to make on specified dates or at specified intervals measurements, calculations, estimates or projections of the release of substances to environmental media, (b) prescribing the methods or procedures to be used in the making of such measurements, calculations, estimates or projections, (c) requiring records or registers in a specified form to be kept by the person concerned of, or in which there shall be entered by him or her, specified particulars as respects the release of substances to environmental media and the use or consumption of any substance in a process, development or operation that gives rise to such a release, (d) the intervals and the manner in which information as respects the matters aforesaid shall be provided by the person concerned to the Agency or other public authorities or be published, (e) matters consequential on, or incidental to, the foregoing.
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(3)The Agency and any prescribed public authority shall each publish information that has been provided to it pursuant to regulations under this section in such manner and subject to such conditions as may be prescribed.”.
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Amendment of Act of 1992 and Act of 1987.
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65.—(1) The Act of 1992 is hereby amended by— (a) the deletion in section 3 of “the disposal of” in paragraph (c) of the definition of “emission”; (b) the insertion in section 83, after subsection (1), of the following subsection: “(1A) Prior to, and for the purpose of considering an application for, the grant of a licence or a revised licence, the Agency shall carry out or cause to be carried out such investigations as it considers necessary or as may be prescribed.”. (c) the insertion in section 83, after subsection (3), of the following subsection: “(3A)
\n
Section 53
\n
of the Waste Management Act, 1996, shall apply in relation to a licence or revised licence under this Part, with the substitution for references in that section to the grant or review of a waste licence of references to the grant or review of a licence or revised licence under this Part and with any other necessary modifications.”.
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(2)Section 30 of the Act of 1987 is hereby amended by the substitution, in subsections (1) and (2), for “unless a licence under this Act is in force in relation to the plant”, in each place where those words occur, of the following: “save under and in accordance with a licence under this Act that is in force in relation to the plant”.
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Amendment of Local Government (Water Pollution) Act, 1977.
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66.—(1) The Local Government (Water Pollution) Act, 1977 , is hereby amended by the insertion of the following section after section 26: “Regulations for the prevention or limitation of water pollution.
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26A.—(1) For the purpose of preventing or limiting water pollution, the Minister may, by regulations, prohibit or limit or control in a specified manner and to a specified extent, the production, treatment, use (in a process or otherwise), importation, distribution, storage, transport, supply or sale of any specified substance or of any article containing any specified substance.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may— (a) make different provisions for different substances or articles, (b) require local authorities or other specified persons to take specified steps for the purposes of securing compliance with the regulations, (c) contain such incidental, consequential and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of such regulations.
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(3)(a) A person who contravenes a provision of regulations under this section shall be guilty of an offence. (b) A person guilty of an offence under this section shall be liable— (i) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or (ii) on conviction on indictment, to a fine not exceeding £25,000 or imprisonment for a term not exceeding 5 years or, at the discretion of the court, to both such fine and such imprisonment.
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(4)A prosecution for an offence under this section may be taken by the Minister, a local authority, or such other person as may be specified in regulations under this section.”.
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(2)
\n
Section 3
\n
of the Local Government (Water Pollution) Act, 1977 , is hereby amended by the substitution for subsection (3) (inserted by the Local Government (Water Pollution) (Amendment) Act, 1990 ) of the following subsection: “(3) It shall be a defence to a charge of committing an offence under this section for the accused to prove that he took all reasonable care to prevent the entry to waters to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that were suitable for the purpose of such prevention, and, where appropriate, that the entry to waters to which the charge relates arose from an activity carried on in accordance with a nutrient management plan approved under section 21A (inserted by the Waste Management Act, 1996) of the Local Government (Water Pollution) (Amendment) Act, 1990 .”.
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(3)The Local Government (Water Pollution) (Amendment) Act, 1990 , is hereby amended by the insertion of the following section after section 21: “Nutrient Management Plans.
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21A.—(1) Subject to subsection (2), whenever a local authority considers that, for the purposes of preventing, eliminating or minimising the entry of polluting matter to waters from an activity referred to in section 21 (1) (b) (being an activity that is carried on in its functional area) it is necessary to do so, it may serve a notice in writing under this section on— (a) the owner of the land on which the activity is carried on, or (b) if the owner of the said land is not in occupation thereof, the person who is in occupation of the said land, requiring the person to prepare and furnish to it for its approval under this section a plan (in this section referred to as a ‘nutrient management plan’) in relation to the activity within a specified period, being a period of not less than 5 months beginning on the date of service of the notice.
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(2)A notice under subsection (1) shall not be served on a person in relation to an activity the carrying on of which requires the grant of a licence under Part IV of the Environmental Protection Agency Act, 1992 .
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(3)Before a local authority decides to exercise the power conferred by subsection (1), (whether generally as respects activities referred to in section 21 (1) (b) carried on on lands in its functional area or as respects such activities carried on on lands in a particular part of its functional area) it shall consult with such body or bodies as may be prescribed for the purposes of this subsection.
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(4)A notice under this section— (a) shall require that the nutrient management plan— (i) provide such particulars of the activity concerned as are specified in the notice, (ii) specify the quantities of such nutrients in animal and other waste as are specified in the notice (which may include nutrients in waste as aforesaid produced from sources other than the land concerned) which it is estimated will be used in each year of the relevant period on the land concerned, (iii) provide that a determination of the types and concentration of nutrients in the soil of the land concerned shall be made in accordance with a programme of sampling and analysis to be determined by the local authority after consultation with the person on whom the notice is served (hereafter in this section referred to as ‘the relevant person’), (iv) specify the maximum quantities of such nutrients as are specified in the notice that, in the opinion of the relevant person, having regard to each of the matters referred to in subsection (5), ought, in each year of the relevant period, to be applied to, or injected into, the land concerned, or such parts thereof as are specified in the notice, or applied to crops growing on that land or such parts as are so specified, (v) specify the times during the relevant period when the application to, or the injection into, the land concerned, or the application to crops growing thereon, of animal and other waste and chemical fertiliser ought, and ought not, in the opinion of the relevant person, to be carried out, having regard to any crop requirements and the objective of preventing, eliminating or minimising the loss of nutrients to waters, (vi) require the keeping and maintenance of records in respect of each year, or, in the case of the matters referred to in clause (III), the year or years concerned, of the relevant period, containing such particulars as may be determined by the local authority after consultation with the relevant person in relation to— (I) the doing of the following things during the year concerned by the said person, namely— (A) the production, treatment, receiving from, or transfer to, another person by him of animal or other waste, (B) the application to, or the injection into, the land concerned or the application to crops growing thereon, by him of animal or other waste and the times and rates at which such application or injection is carried out, (II) the types and quantities of chemical fertiliser applied to the land concerned during the year concerned and the times and rates at which such application is carried out,
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(III) the results of the determination referred to in subparagraph (iii) made in relation to the land concerned and, as the case may be, of any further determination of such kind made, pursuant to a requirement under paragraph (b) (ii), during the year concerned, (vii) require such information in relation to the matters referred to in this paragraph and, as the case may be, paragraph (b), as is specified in the notice to be furnished to the local authority, (b) may require that the nutrient management plan— (i) shall require the keeping and maintenance of records in respect of each year of the relevant period containing particulars as may be determined by the local authority after consultation with the relevant person of the concentration of such nutrients in animal or other waste as are specified in the notice that have been applied to, or injected into, the land concerned during the year concerned, (ii) shall provide that a further determination of the kind referred to in paragraph (a) (iii) (whether in respect of nutrients generally or nutrients of a class specified in a notice served by the local authority on the relevant person for the purposes of this sub-paragraph) shall be made at specified intervals after the determination referred to in that provision has been made, (iii) shall address such other matters as the local authority considers necessary for the purpose of preventing, eliminating or minimising the entry of nutrients to waters from the activity concerned and specifies in the notice.
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(5)The matters referred to in subsection (4) (a) (iv) are— (a) the nature of the activity concerned, (b) the type of soil concerned and the types and concentration of nutrients in that soil, (c) the types of crop previously grown on the land concerned and the types of nutrient previously applied to, or injected into, that land and the rates of such application or injection, where relevant, (d) the types of crop grown or to be grown on the land concerned, (e) the intensity of the stocking of animals (if any) on the land concerned and of any other agricultural activities carried on on that land, and (f) the need to make efficient use of nutrients having regard to any crop requirements and the objective of preventing, eliminating or minimising the loss of nutrients to waters.
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(6)In subsection (4) and the subsequent provisions of this section ‘the relevant period’ means the period of 12 months, or such longer period as may be specified in the notice concerned under subsection (1) or (8), as appropriate, beginning on the date that is 2 months after the approval of the nutrient management plan concerned under this section by the relevant local authority.
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(7)A local authority may, as respects a nutrient management plan prepared and furnished to it in accordance with a notice under subsection (1), refuse to approve of the plan or approve thereof without modifications or make such modifications therein as it considers proper and approve of the plan as so modified.
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(8)(a) A local authority, where it refuses to approve of a nutrient management plan under subsection (7), may, by service of a notice in writing on the person who furnished the plan to it, require that person to prepare and furnish to it another such plan and subsection (3) and the other provisions of this section shall apply to such a notice and such a plan as they apply to a notice under subsection (1) and a plan furnished to it pursuant to a notice under that subsection. (b) The reference in subsection (2) to a notice under subsection (1) includes a reference to a notice under this subsection.
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(9)If, upon the expiration of the period of 2 months from the date of receipt by it of a nutrient management plan prepared and furnished in accordance with a notice under this section, the local authority concerned has neither given a decision under subsection (7) to refuse to approve of the plan nor a decision thereunder to approve of the plan (by either of the means referred to in that subsection), the local authority shall be deemed to have approved of the plan under that subsection.
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(10)A nutrient management plan may, with the prior written consent of the local authority which approved of the plan under this section, be varied during the relevant period.
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(11)A person who fails to comply with a notice under subsection (1) or (8) within the period specified in the notice shall be guilty of an offence and be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months, or to both.
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(12)Proceedings for an offence under this section may be brought by the local authority which served the notice concerned.”.
\n
Immunity of the Agency and local authorities.
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67.—(1) No action or other proceeding shall lie or be maintainable against the Agency or a local authority for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any power or carry out any duty conferred or imposed on the Agency or local authority by or under this Act.
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(2)Where a local authority or the Agency is satisfied that any authorised person appointed by that local authority or the Agency, or any officer or employee of that local authority or the Agency, has carried out his or her duties in relation to the performance by that local authority or the Agency of its functions under this Act in a bona fide manner, the local authority or the Agency, as the case may be, shall indemnify the authorised person, officer or other employee against all actions or claims howsoever arising in respect of the carrying out by him or her of his or her said duties.
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Adaptation of certain references and transitional provisions.
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68.—(1) References in any enactment (other than this Act) to a permit under— (a) the European Communities (Waste) Regulations, 1979, (b) the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or (c) the European Communities (Waste Oils) Regulations, 1992, shall be construed as references to, as appropriate— (i) such a permit that is for the time being in force by virtue of subsection (6), (ii) a waste collection permit under
\n
Part IV
\n
, (iii) a waste licence under
\n
Part V
\n
.
\n
(2)Section 3 (1) of the Act of 1992 is hereby amended by the substitution of the following definition for the definition of “waste management plan”: “‘waste management plan’ means— (a) a plan prepared under Article 4 (2) of the European Communities (Waste) Regulations, 1979, or a special waste plan within the meaning of the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or (b) a waste management plan or a hazardous waste management plan within the meaning of the Waste Management Act, 1996, that is for the time being in force;”.
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(3)The provisions of section 62 of the Act of 1992 shall, in so far as they apply or have effect in relation to a particular landfill facility, cease to have effect upon the grant of a waste licence under section 40 in respect of that facility.
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(4)Section 83 (7) (b) of the Act of 1992 is hereby amended by— (a) the deletion in subparagraph (ii) of “or”, (b) the addition of the following subparagraph after subparagraph (iii): “or (iv) section 57 or 58 of the Waste Management Act, 1996,”.
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(5)Section 102 of the Act of 1992 is hereby amended by— (a) the insertion in subsection (1), after “ Local Government (Water Pollution) Act, 1977 ”, of “or a waste management plan under section 22 of the Waste Management Act, 1996”, (b) the insertion in subsection (2), after “ Local Government (Water Pollution) Act, 1977 ,”, of “or sections 22 , 23 and 25 of the Waste Management Act, 1996,”.
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(6)(a) A permit issued under the European Communities (Waste) Regulations, 1979, the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or the European Communities (Waste Oils) Regulations, 1992, being a permit to which this subsection applies, shall, notwithstanding the revocation of the said Regulations by this Act, continue in force in accordance with its terms but shall cease to have effect upon, as the case may be— (i) the grant to the holder of the permit of, as appropriate— (I) a waste collection permit referred to in paragraph (b), or (II) a waste licence referred to in the said paragraph, or (ii) the making of a decision by the Agency or the local authority concerned to refuse to grant to the said holder such a permit or licence. (b) This subsection applies to an aforesaid permit if— (i) the holder thereof has applied before the appropriate date referred to in section 39
\n
(1)for the grant of a waste licence, or, as the case may be, applied before the date referred to in section 34
\n
(1)for a waste collection permit, in respect of the activity to which the first-mentioned permit relates, and (ii) the said application is made in accordance with the requirements of regulations under this Act.
\n
Transfer of functions in relation to waste licences.
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69.—(1) The Minister may by order transfer the functions of the Agency under this Act to a local authority in so far as those functions relate to waste licences authorising the carrying on within the functional area of that local authority of such activity or activities as is or are specified in the order.
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(2)An order under this section may contain such ancillary, subsidiary and incidental provisions as the Minister may determine, including provisions modifying or adapting any provision of this Act for the purpose of enabling the order to have full effect.
\n
(3)Without prejudice to the generality of subsection (2), an order under this section may specify terms, conditions and restrictions upon and subject to which a function transferred by the order is to be performed by the local authority to which the function is transferred.
\n
(4)If an order under this section is revoked the functions to which it relates shall thereupon become and be vested in the Agency.
\n
(5)The Minister shall cause an order under this section to be published in the Iris Oifigiúil.
\n
Exclusion of certain enactments relating to public health.
\n
70.—
\n
Section 107
\n
of the Public Health (Ireland) Act, 1878 , and section 27 of the Public Health Acts Amendment Act, 1890 , shall not apply in relation to waste within the meaning of this Act.
\n
Abandoned vehicles.
\n
71.—(1) A vehicle shall not be abandoned on any land.
\n
(2)Where there is a contravention of subsection (1)— (a) the person who placed the vehicle at the place where it was abandoned, and (b) if there is a registered owner of the vehicle and the person aforesaid is not its registered owner, the registered owner, shall each be guilty of an offence.
\n
(3)In a prosecution for an offence under subsection (2), it shall be a good defence to prove— (a) that the act complained of constituted the transfer of control of the vehicle concerned to a person, with his or her consent, at a facility provided by or on behalf of that person for the purpose of the recovery or disposal of vehicles (including a facility referred to in section 38
\n
(3)) and that such transfer of control was not effected in contravention of section 32 , or (b) in case the defendant is the registered owner of the vehicle concerned, that the abandonment of the vehicle was not authorised by him or her.
\n
(4)Without prejudice to the provisions of sections 55
\n
(6)and 56 , and notwithstanding the provisions of any regulations made under section 97 (inserted by section 63 of the Road Traffic Act, 1968 ) of the Road Traffic Act, 1961 , a local authority may enter on any land upon which a vehicle has been abandoned and remove the said vehicle; a local authority shall not, other than with the consent of the occupier, enter into a private dwelling under this subsection unless it has given to the occupier of the dwelling not less than 24 hours notice in writing of its intended entry.
\n
(5)Where, in relation to a vehicle removed from land by a local authority under subsection (4)— (a) the local authority is of the opinion that the condition of the vehicle is such that it is capable of being used as a vehicle or can, by the expenditure of a reasonable amount of money, be rendered capable of being so used, and (b) the local authority can, by reasonable inquiry, ascertain the name and address of the owner of the vehicle, the local authority shall store or arrange for the storage of the vehicle and shall serve a notice on the owner informing him or her of the removal and storage and of the address of the place where the vehicle may be claimed or recovered, and such a notice shall require the owner to claim or recover it within 2 weeks of the date of the service of the notice and inform him or her of the consequences specified in subsection (7) of his or her failure to do so.
\n
(6)A vehicle to which subsection (5) applies shall be given to a person claiming the vehicle if, but only if, he or she makes a declaration in such form as may be specified by the local authority concerned or in a form to the like effect, stating that he or she is the owner of the vehicle or is authorised by its owner to claim it, and pays to the local authority the amount of the expenditure reasonably incurred by the local authority in respect of the removal and storage of the vehicle.
\n
(7)Where a vehicle is removed from land by a local authority under subsection (4), and— (a) subsection (5) (a) does not apply in respect of the vehicle, or (b) the name and address of the owner of the vehicle cannot be ascertained by the local authority by reasonable inquiry, or (c) the said owner fails to claim the vehicle and remove it from the place where it is stored within 4 weeks of the date on which a notice under subsection (5) has been served on him or her, the vehicle shall become the property of the local authority.
\n
(8)No action shall lie in respect of anything done in good faith and without negligence in the course of the removal or storage of a vehicle under this section.
\n
(9)A person who makes a declaration under subsection (6) which to his or her knowledge is false or misleading in a material respect shall be guilty of an offence.
\n
(10)For the purposes of this section— “abandoned”, in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly; “local authority” includes the corporation of a borough of any kind and the council of an urban district; “registered owner” has the meaning assigned to it by the Road Traffic Act, 1961 .
\n
FIRST SCHEDULE Categories of Waste
\n
Section 4
\n
(1).
\n
1.Production or consumption residues not otherwise specified in this Schedule.
\n
2.Products which have not been manufactured in accordance with the specifications relating to them.
\n
3.Products whose date for appropriate use has expired.
\n
4.Materials spilled, lost or which have undergone any other mishap (including any materials contaminated as a result of any such mishap).
\n
5.Materials contaminated or soiled as a result of planned actions.
\n
6.Unusable parts.
\n
7.Substances which no longer perform satisfactorily.
\n
8.Residues of industrial processes.
\n
9.Residues from pollution abatement processes.
\n
10.Machining or finishing residues.
\n
11.Residues from the extraction and processing of raw materials.
\n
12.Adulterated materials.
\n
13.Any materials, substances or products whose use is prohibited by or under any enactment.
\n
14.Products for which the holder has no further use.
\n
15.Contaminated materials, substances or products resulting from any remedial action taken with respect to land.
\n
16.Any materials, substances or products which are not otherwise specified in this Schedule.
\n
SECOND SCHEDULE Hazardous Waste
\n
Section 4
\n
(2).
\n
Part I
\n
Categories or Generic Types of Hazardous Waste Category I Waste 1. Anatomical substances, hospital or other clinical waste.
\n
2.Pharmaceutical, medicinal or veterinary compounds.
\n
3.Wood preservatives.
\n
4.Biocides or phyto-pharmaceutical substances.
\n
5.Residue from substances employed as solvents.
\n
6.Halogenated organic substances not employed as solvents, excluding inert polymerized materials.
\n
7.Tempering salts containing cyanides.
\n
8.Mineral oils or oily substances (including cutting sludges).
\n
9.Mixtures or emulsions of oil and water or hydrocarbon and water.
\n
10.Substances containing polychlorinated biphenyls or polychlorinated terphenyls (including dielectrics).
\n
11.Tarry materials arising from refining, distillation or any pyrolytic treatment (including still bottoms).
\n
12.Inks, dyes, pigments, paints, lacquers or varnishes.
\n
13.Resins, latex, plasticizers, glues or adhesives.
\n
14.Chemical substances arising from research and development or teaching activities (including laboratory residues) which are not identified or are new and whose effects on humans or the environment are not known.
\n
15.Pyrotechnics or other explosive materials.
\n
16.Photographic chemicals or processing materials.
\n
17.Any material contaminated with any congener of polychlorinated dibenzo-furan.
\n
18.Any material contaminated with any congener of polychlorinated dibenzo-p-dioxin.
\n
Category II Waste 19. Animal or vegetable soaps, fats or waxes.
\n
20.Non-halogenated organic substances not employed as solvents.
\n
21.Inorganic substances without metals or metal compounds.
\n
22.Ashes or cinders.
\n
23.Soil, sand or clay (including dredging spoils).
\n
24.Non-cyanidic tempering salts.
\n
25.Metallic dust or powder.
\n
26.Spent catalyst materials.
\n
27.Liquids or sludges containing metals or metal compounds.
\n
28.Residue (other than the substances mentioned in paragraphs 29, 30 and 33) from pollution control operations (including baghouse dusts).
\n
29.Scrubber sludges.
\n
30.Sludges from water purification plants.
\n
31.Decarbonization residue.
\n
32.Ion-exchange column residue.
\n
33.Sewage sludges, untreated or unsuitable for use in agriculture.
\n
34.Residue from cleaning of tanks or equipment.
\n
35.Contaminated equipment.
\n
36.Contaminated containers (including packaging and gas cylinders).
\n
37.Batteries or other electrical cells.
\n
38.Vegetable oils.
\n
39.Materials resulting from the selective collection of waste from households.
\n
40.Any other waste.
\n
Part II
\n
Constituents of Category II Waste which render it hazardous when it has the properties specified in Part III 41. Beryllium or beryllium compounds.
\n
42.Vanadium compounds.
\n
43.Chromium (VI) compounds.
\n
44.Cobalt compounds.
\n
45.Nickel compounds.
\n
46.Copper compounds.
\n
47.Zinc compounds.
\n
48.Arsenic or arsenic compounds.
\n
49.Selenium or selenium compounds.
\n
50.Silver compounds.
\n
51.Cadmium or cadmium compounds.
\n
52.Tin compounds.
\n
53.Antimony or antimony compounds.
\n
54.Tellurium or tellurium compounds.
\n
55.Barium compounds, excluding barium sulphate.
\n
56.Mercury or mercury compounds.
\n
57.Thallium or thallium compounds.
\n
58.Lead or lead compounds.
\n
59.Inorganic sulphides.
\n
60.Inorganic fluorine compounds, excluding calcium fluoride.
\n
61.Inorganic cyanides.
\n
62.Any of the following alkaline or alkaline earth metals, namely, lithium, sodium, potassium, calcium, magnesium in uncombined form.
\n
63.Acidic solutions or acids in solid form.
\n
64.Basic solutions or bases in solid form.
\n
65.Asbestos (dust or fibres).
\n
66.Phosphorus: phosphorus compounds, excluding mineral phosphates.
\n
67.Metal carbonyls.
\n
68.Peroxides.
\n
69.Chlorates.
\n
70.Perchlorates.
\n
71.Azides.
\n
Section 72
\n
72.Polychlorinated biphenyls or polychlorinated terphenyls.
\n
Section 73
\n
73.Pharmaceutical or veterinary compounds.
\n
Section 74
\n
74.Biocides or phyto-pharmaceutical substances (including pesticides).
\n
Section 75
\n
75.Infectious substances.
\n
Section 76
\n
76.Creosotes.
\n
Section 77
\n
77.Isocyanates or thiocyanates.
\n
Section 78
\n
78.Organic cyanides (including nitriles).
\n
Section 79
\n
79.Phenols or phenol compounds.
\n
Section 80
\n
80.Halogenated solvents.
\n
Section 81
\n
81.Organic solvents, excluding halogenated solvents.
\n
Section 82
\n
82.Organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Part.
\n
Section 83
\n
83.Aromatic compounds; polycyclic and heterocyclic organic compounds.
\n
Section 84
\n
84.Aliphatic amines.
\n
Section 85
\n
85.Aromatic amines.
\n
Section 86
\n
86.Ethers.
\n
Section 87
\n
87.Substances of an explosive character, excluding those referred to elsewhere in this Part.
\n
Section 88
\n
88.Sulphur organic compounds.
\n
Section 89
\n
89.Any congener of polychlorinated dibenzo-furan.
\n
Section 90
\n
90.Any congener of polychlorinated dibenzo-p-dioxin.
\n
Section 91
\n
91.Hydrocarbons and their oxygen, nitrogen or sulphur compounds not otherwise referred to in this Part.
\n
Part III
\n
Properties of Waste which render it hazardous