WASTE MANAGEMENT ACT, 1996

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

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

57.—(1) Where, on application by any person to the High Court, that Court is satisfied that waste is being held, recovered or disposed of in a manner that causes or is likely to cause environmental pollution F293[or section 34 or 39(1) to be contravened], it may by order—

• (a) require the person holding, recovering or disposing of such waste to carry out specified measures to prevent or limit, or prevent a recurrence of, such pollution F293[or contravention], within a specified period,

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

• (c) make such other provision, including provision in relation to the payment of costs, F293[including costs incurred by the Agency in relation to the carrying out of relevant inspections or surveys and the taking of relevant samples and the analysis of the results of any such activities,] as the Court considers appropriate.

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

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

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

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

58.—(1) (a) Where, on application by any person to the appropriate court, that court is satisfied that another person is holding, recovering or disposing of, or has held, recovered or disposed of, waste, in a manner that is causing, or has caused, environmental pollution F294[or section 34 or 39(1) to be contravened], that court may make an order requiring that other person to do one or more of the following, that is to say:

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

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

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

• (i) in case the estimated cost of complying with the order to which the application relates does not exceed F295[€15,000], the District Court,

• (ii) in case the estimated cost aforesaid does not exceed F296[€75,000], the Circuit Court, and

• (iii) in any case, the High Court.

• (c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F295[€15,000], it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid.

• (ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F296[€75,000], it may, if it so thinks fit, transfer the application to the High Court.

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

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

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

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

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

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

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

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

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

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

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

59. Functions of local authorities in regard to waste.

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

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

PART VII Miscellaneous

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

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

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

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

• (c) the granting of waste licences,

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

• (e) matters related to matters aforesaid.

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

• F297[(3) Save as respects the matters referred to in subsection (1)(a) and subject to subsection (3A), subsection (1) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circum~ stances by the Agency or a local authority of a function con~ ferred on it by or under this Act.

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

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

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

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

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

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

61. Detention and forfeiture of certain vehicles and equipment.

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

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

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

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

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

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

62. Power to give effect to Community acts.

62.—F298[…]

63. Agreements between Agency and other public authorities.

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

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

64. Mass balances of specified substances.

64.—F299[…]

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

65.—(1) F300[…]

• (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”.

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

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

“Regulations for the prevention or limitation of water pollution.

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.

• (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.

• (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.

• (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.”.

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

• “(3) 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.”.

• (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.

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.

• (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.

• (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.

• (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,

        • (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (12) Proceedings for an offence under this section may be brought by the local authority which served the notice concerned.”.

67. Immunity of the Agency and local authorities.

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

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

• F301[(3) Subsections (1) and (2) shall not be construed as enabling a local authority or the Agency to avoid the consequences under EU law of any failure to comply with the Community acts given effect to by this Act.]

68. Adaptation of certain references and transitional provisions.

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

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

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

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

shall be construed as references to, as appropriate—

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

• (ii) a waste collection permit under Part IV,

• (iii) a waste licence under Part V.

• (2) F302[…]

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

• (4) F302[…]

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

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

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

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

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

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

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

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

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

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

• (ii) the said application is made in accordance with the requirements of regulations under this Act F303[and has not been withdrawn by the applicant].

• F304[(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. ]

• F305[(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).]

69. Transfer of functions in relation to waste licences.

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

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

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

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

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

70. Exclusion of certain enactments relating to public health.

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

71. Abandoned vehicles.

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

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

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

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

shall each be guilty of an offence.

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

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

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

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

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

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

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

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

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

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

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

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

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

the vehicle shall become the property of the local authority.

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

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

• (10) For the purposes of this section—

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

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

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

72. F306[Power to impose environmental levy.

72.—F307[…]]

73. F308[Power to impose landfill levy.

73.—(1) The Minister may, after consultation with F309[such other Minister of the Government, if any, as the Minister considers appropriate], make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as a "landfill levy" and is in this section referred to as the "levy") in respect of—

• (a) the carrying on of a specified class or classes of waste disposal activity (being an activity referred to in F310[paragraph D1 or D5 of the Third Schedule]), or

• (b) the disposal by means of a waste disposal activity referred to in F311[paragraph D1 or D5 of the Third Schedule], or a specified class or classes of such activity, of a specified class or classes of waste, or

• (c) subject to subsection (2), both the carrying on of an activity referred to in paragraph (a) and an activity referred to in paragraph (b).

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

• F312[(3) The amount of the levy shall be specified in the regulations under subsection (1) but shall not exceed an amount of €120 for each tonne of waste disposed of.

• (3A) The Minister may, subject to subsections (3) and (3B), amend the amount of the levy standing specified in regulations under subsection (1) for the purposes of promoting—

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

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

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

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

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

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

• F313[(5A) Where any amount of levy becomes payable in accordance with regulations made under this section and is not paid, simple interest on the amount shall be paid by the person liable to pay the levy and such interest shall be calculated from the date on which the levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.

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

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

• (a) subsection (8), in relation to provision under that subsection for levy by virtue of F314[paragraph (n) of section 12 (3) of the Act of 2022], and

F314[(b) section 8 (7) of the Act of 2022.]]

• (6) Regulations under subsection (1) shall—

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

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

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

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

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

• (8) Regulations under subsection (1) may provide, in relation to levy under this section, for all the matters F314[which regulations under section 11 (1) of the Act of 2022 may, by virtue of paragraphs (a), (c), (d) and (i) to (n) of section 12 (3) of that Act,] provide in relation to levy under that section and those paragraphs shall, accordingly, apply for the purposes of this section with any necessary modifications (including such modifications as will enable like provision with respect to the payment into the Environment Fund of amounts received by a local authority on account of levy under this section to be made with respect to levy under this section chargeable on the local authority itself).

• (9) F315[…]

• (10) A person who fails to—

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

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

shall be guilty of an offence.]

73A. F316[Waste recovery levy

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

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

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

• (c) subject to subsection (2), the carrying on of an activity referred to in paragraph (a) and an activity referred to in paragraph (b), or

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

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

• (3) The amount of the recovery levy—

• (a) shall be specified in the regulations under subsection (1),

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

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

• (4) The Minister may—

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

• (i) the prevention of the generation of waste;

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

and

• (b) subject to subsection (3)(b) and (5),

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

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

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

• (7) The recovery levy shall be payable by—

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

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

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

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

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

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

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

• (11) Regulations under subsection (1) shall—

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

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

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

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

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

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

• (16) A person who fails—

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

• (b) to comply with a provision of regulations under subsection (1),

shall be guilty of an offence.]

74. F317[Environment Fund.

74.—F318[…]]

75. F319[Charges for waste services.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (11) In this section—

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

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

75A. F320[Powers to make regulations in respect of end-of-waste and by-products processes

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

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

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

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

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

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

• (e) the processing by the Agency of notifications;

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

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

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

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

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

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

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

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

• (3) Regulations made under subsection (1) may provide for—

• (a) the payment of fees,

• (b) exemption from the payment of fees, or

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

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

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

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

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

76. F321[Transitional provisions consequent on Protection of the Environment Act 2003.

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

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

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

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

• (b) if—

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

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

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

76A. F322[Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.

76A.~—(1) In this section—

“earlier Part V” means Part V as it had effect before the coming into operation of the European Union (Industrial Emissions) Regulations 2013;

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

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

• (a) on the coming into operation of this section a waste licence or revised waste licence under the earlier Part V is in force in relation to the activity, or

• (b) in respect of the activity—

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

• (ii) on or before 7 January 2014—

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

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

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

• (a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EU¹1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as “Directive 2008/1/EC”) applies to the activity;

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

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

• (a) on the coming into operation of this section a waste licence or revised waste licence granted under the earlier Part V is in force in relation to that activity, or

• (b) in respect of the activity—

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

• (ii) on or before 7 July 2015—

• (I) a waste licence or revised waste licence licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and

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

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

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

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

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

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

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

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

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

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

• (b) if—

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

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

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

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

• (b) if—

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

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