S.I. No. 166/1998:

EUROPEAN COMMUNITIES (AMENDMENT OF WASTE MANAGEMENT ACT, 1996) REGULATIONS, 1998

EUROPEAN COMMUNITIES (AMENDMENT OF WASTE MANAGEMENT ACT, 1996) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions)(No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:--

1. These Regulations may be cited as the European Communities (Amendment of Waste Management Act, 1996 ) Regulations, 1998.

2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of Council Directive 75/442/EEC of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991 ⁽¹⁾.

⁽¹⁾ O.J. No. L 194/39, 25 July 1975, and O.J. No. L 78/32, 26 March 1991.

3. In these Regulations, "the Act" means the Waste Management Act, 1996 .

4. Section 39 of the Act is hereby amended by -

(a) the deletion in subsection (3) where it last appears of "or";

(b) the insertion in subsection (3) after "1982," of "or the European Communities (Waste Oils) Regulations, 1992,";

(c) the substitution for subsection (4) of the following subsection -

"(4) The Minister may by regulations provide that subsection (1) shall not apply in respect of the recovery or disposal in a specified manner of a specified class or classes of waste, if and for so long as the person carrying out the recovery or disposal of the waste, as the case may be, complies with specified conditions in relation to the carrying out of such recovery or disposal.";

(d) the substitution for paragraph (c) of subsection (5) of the following paragraphs -

"(c) a requirement that the person concerned obtain from a local authority or the Agency a waste permit or such other authorisation or certificate as may be prescribed in respect of the carrying on by him or her of the activity concerned,

(d) the specification of controls to be exercised or measures to be taken by a local authority or the Agency in relation to the carrying on of an activity in respect of which such a permit, authorisation or certificate is required (which controls and measures a local authority or the Agency is hereby empowered to exercise or take, as the case may be),

(e) a requirement regarding the payment to a local authority or the Agency of a fee of a specified amount in respect of an application for such a permit, authorisation or certificate, or of such charges as are necessary to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the local authority or the Agency in relation to such application,

(f) such other matters as the Minister considers are appropriate to ensure that the recovery or disposal activity concerned will not cause environmental pollution.";

(e) the deletion of paragraph (d) of subsection (7).

5. Section 68 of the Act is hereby amended by -

(a) the insertion in paragraph (b) of subsection (6) after "this Act" of "and has not been withdrawn by the applicant.";

(b) the addition after paragraph (b) of subsection (6) of the following paragraph -

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

(c) the addition after subsection (6) of the following subsection -

"(7) A reference in subsection (1) or (6) to a waste licence shall be construed as including a reference to a waste permit or such other authorisation or certificate as may be prescribed under section 39(4).".

6. The Third Schedule to the Act is hereby amended by -

(a) the insertion in paragraph 1. after "land" of "(including landfill)";

(b) the insertion in paragraphs 6. and 7. after "referred to in" of "paragraphs 1. to 10. of";

(c) the insertion in paragraph 7. after "Schedule" of "(including evaporation, drying and calcination)";

(d) the insertion in paragraphs 11., 12. and 13. after "referred to in" of "a preceding paragraph of".

7. The Fourth Schedule of the Act is hereby amended by -

(a) the insertion in paragraph 2. after "solvents" of "(including composting and other biological transformation processes)";

(b) the substitution for "Spreading of any waste on land" in paragraph 10. of "The treatment of any waste on land";

(c) the deletion in paragraph 10. of ", including composting and other biological transformation processes".

Dated this 19th day of May, 1998

DAN WALLACE

Minister of State at the Department of the Environment and Local Government

EXPLANATORY NOTE

These Regulations amend certain provisions of the Waste Management Act, 1998 for the purpose of enabling full effect to be given to requirements of EU legislation in relation to waste. In particular, the Regulations enable a waste permit system to be operated by local authorities in relation to certain waste recovery and disposal activities for the purpose of giving further effect to Council Directive 75/442/EEC of 15 July, 1975 (as amended) on waste.