Waste Management (Amendment) Act 2001

1 Definition.

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

2 Community acts given effect to by this Act.

2.—The purposes for which the provisions of this Act are enacted include the purpose of giving effect to the following Community acts, namely—

(a) Council Directive 75/442/EEC of 15 July 1975 on waste[^(1)];

(b) Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste[^(2)]; and

(c) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste[^(3)].

3 Amendment of section 5 of Act of 1996.

3.—Section 5(1) of the Act of 1996 is amended by—

(a) the insertion after the definition of “emission into the atmosphere” of the following definition:

“‘Environment Fund’ has the meaning assigned to it by section 74;”,

(b) the insertion after the definition of “European Waste Catalogue” of the following definition:

“‘executive function’ means a function other than a reserved function;”, and

(c) the insertion after the definition of “local authority” of the following definition:

“‘manager’ means—

(a) with respect to the corporation of a county borough, the manager for the purposes of the Acts relating to the management of the county borough, and

(b) with respect to the council of a county, the manager for the purposes of the County Management Acts, 1940 to 1994;”.

4 Amendment of section 22 of Act of 1996.

4.—Section 22 of the Act of 1996 is amended by the substitution of the following subsections for subsection (10):

“(10) (a) On and from the passing of the Waste Management (Amendment) Act, 2001, but without prejudice to paragraph (c), the duties of a local authority under this section with respect to the making of a waste management plan shall be carried out by the manager of the authority and, accordingly, the making of such a plan shall be an executive function.

(b) For the avoidance of doubt, the waste management plans to which paragraph (a) applies include such a plan which a local authority indicated its intention, before the passing of the Waste Management (Amendment) Act, 2001, to make jointly with one or more other local authorities but which plan it subsequently (but before the said passing) decided not to make.

(c) Where in the opinion of the manager of a local authority a waste management plan purporting to be made, before the passing of the Waste Management (Amendment) Act, 2001, by the authority jointly with one or more other local authorities is invalid because the decision of the authority purporting to make the plan, expressly or by implication, qualifies its assent to the plan—

(i) by making its assent to the plan subject to one or more conditions being satisfied, or

(ii) by the authority purporting to reserve to itself a power to vary the plan, otherwise than pursuant to the powers conferred on it in that behalf by this section, or

(iii) in any other respect whatsoever,

the manager shall, not later than the date prescribed for the purposes of subsection (2), by order—

(I) declare that he or she is of that opinion, and

(II) make the said plan,

and the said plan, as so made, shall, accordingly, be deemed for all purposes to be the waste management plan made by the local authority, but without prejudice to any steps taken by that or any other local authority, before the date of the making of the said order, pursuant to the terms of the said plan as purported to be jointly made by those local authorities.

(d) Subject to paragraph (f), the review, variation or replacement of a waste management plan shall be a reserved function.

(e) A local authority shall not, without the consent of the manager of the authority, vary or replace, under subsection (4), a waste management plan within the period of 4 years beginning on the date of the making of the plan.

(f) Where, having published under section 23 a notice of a proposal to vary or replace, under subsection (4), a waste management plan, a local authority does not vary or replace that plan within the period of 3 months beginning on the expiration of the period specified in that notice for the purposes of subsection (2)(a)(i) of section 23 then, notwithstanding paragraph (d), the manager of the authority shall, within the period of 2 months after the expiration of the first-mentioned period, by order vary or replace the said plan (whether in the terms as originally proposed by the authority or with such amendments as the manager thinks fit).

(g) A local authority shall not, by resolution, under section 3 or 4 of the City and County Management (Amendment) Act, 1955, or section 179 of the Planning and Development Act, 2000, give a direction that works not be proceeded with or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a waste management plan or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 3, 4 or 179 which contravenes this paragraph shall be void.

(10A) The development plan for the time being in force in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in the waste management plan in force in relation to that area.

(10B) (a) Where a planning authority proposes to grant permission under Part III of the Planning and Development Act, 2000, for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority's functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall—

(i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area,

(ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under the Planning and Development Act, 2000.

(b) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.

(c) Following consideration of any submissions or observations received in accordance with paragraph (b), the manager of the planning authority may, subject to, and in accordance with, the provisions of the Planning and Development Act, 2000 (apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.

(d) Section 34(6) of the Planning and Development Act, 2000, shall not apply to applications for permission referred to in paragraph (a).

(e) Notwithstanding section 34(8) of the Planning and Development Act, 2000, where a notice referred to in paragraph (a) is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published.

(10C) (1) Where development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the area concerned but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to the area concerned, is proposed to be carried out by—

(a) a local authority that is a planning authority, or

(b) some other person on behalf of, or jointly or in partnership with such a local authority, pursuant to a contract entered into by that local authority,

within the functional area of the authority (hereafter in this section referred to as ‘proposed development’), the manager shall publish notice of the intention of the authority to carry out the proposed development in one or more newspapers circulating in that functional area.

(2) Any submission or observation in writing in relation to the proposed development which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.

(3) Following consideration of any submissions or observations received in accordance with subsection (2), the manager may—

(a) notwithstanding the fact that the proposed development would materially contravene the development plan, decide to proceed with the proposed development, with or without modifications (and, where he or she so decides, he or she shall follow the relevant procedures contained in section 175 or 179 of the Planning and Development Act, 2000, as appropriate), or

(b) decide not to proceed with the proposed development.”.

5 Consequential amendment of Act of 1996 related to section 4.

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

6 Amendment of section 34 of Act of 1996.

6.—Section 34 of the Act of 1996 is amended—

(a) by the substitution for paragraph (a) of subsection (1) of the following paragraphs:

“(a) Subject to paragraph (b), a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business, collect waste, on or after such date as may be prescribed, save under and in accordance with a permit (in this Act referred to as a ‘waste collection permit’) granted by—

(i) the local authority in whose functional area the waste is collected,

(ii) such other local authority as stands nominated for the purpose in accordance with paragraph (aa), or

(iii) such other body or bodies as may be prescribed.

(aa) Where two or more local authorities—

(i) have jointly made, or propose jointly to make, a waste management plan under section 22(3), or

(ii) are otherwise cooperating with one another to achieve common objectives with respect to waste management in their functional areas,

the local authorities may or shall, if the Minister requires them to do so, decide that, for the purposes of the said plan or the achievement of the said objectives, one of them shall perform each of the functions under this section in relation to waste collection permits with respect to each of their functional areas and, accordingly, nominate that local authority for that purpose.”,

(b) by the substitution for subsection (13) of the following subsection:

“(13) (a) The reference in subsection (1)(a) to a local authority, where it first occurs, shall be construed as including a reference to the corporation of a borough of any kind and the council of an urban district.

(b) Each other reference in this section (other than subsections (1)(aa) and (4)) to a local authority shall be construed as including a reference to a body standing prescribed for the purposes of subsection (1)(a)(iii).

(c) If a body stands prescribed for the purposes aforesaid, then this section shall have effect in so far as it relates to such a body, as if the following subsection were substituted for subsection (4):

‘(4) A body standing prescribed for the purposes of subsection (1)(a)(iii) shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is in accordance with any relevant provisions of the waste management plan or plans that is or are in force in the functional area or areas of the local authority or authorities in which permit will have effect.’.”.

7 Amendment of section 38 of Act of 1996.

7.—Section 38 of the Act of 1996 is amended by the substitution for subsection (5) of the following subsection:

“(5) Neither the provisions of this section nor the repeal of any enactment mentioned in Part I of the Fifth Schedule shall prejudice—

(a) the continued operation of waste disposal facilities by the corporation of a borough (other than a county borough) or the council of an urban district, or

(b) the use of such facilities by such a corporation or council at a more intensive level than the level of the use that was being made of them on the commencement of this section (whether the more intensive use is constituted by an increased input of waste into the facilities or the use of a larger proportion of the facilities than was being used on the commencement of this section or otherwise),

if—

(i) in a case falling solely within paragraph (a), the said facilities were in operation upon the commencement of this section, and

(ii) in a case falling within paragraphs (a) and (b), subparagraph (i) is complied with and the use of the facilities at that more intensive level is provided for in the waste management plan in force in relation to the borough or urban district concerned.”.

8 Amendment of section 39 of Act of 1996.

8.—Section 39 of the Act of 1996 is amended in subsection (6)—

(a) by the substitution in paragraph (c) for “of the waste.”, where those words secondly occur, of “of the waste,”, and

(b) by the insertion of the following paragraph after paragraph (c):

“(d) prohibit, or limit to a specified extent, the recovery or disposal of a specified class or classes of waste in a specified manner or in a specified class or classes of facility.”.

9 Power to impose environmental levy.

9.—The following section is inserted after section 71 of the Act of 1996:

“72.—(1) In this section—

‘consumer price index number’ means the All Items Consumer Price Index Number complied by the Central Statistics Office and references to the consumer price index number relevant to any financial year are references to the consumer price index number at such date in that year as is determined by the Minister with the consent of the Minister for Finance;

‘plastic bag’ means a bag—

(a) made wholly or in part of plastic, and

(b) which is suitable for use by a customer at the point of sale in a supermarket, service station or other sales outlet,

other than a bag which falls within a class of bag specified in regulations under subsection (2) as being a class of bag excepted from this definition.

(2) The Minister may, with the consent of the Government, make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as an ‘environmental levy’ and is in this section referred to as the ‘levy’) in respect of the supply to customers, at the point of sale to them of the goods or products to be placed in the bags, or otherwise of plastic bags in or at a specified class or classes of supermarket, service station or other sales outlet.

(3) The amount of the levy shall be specified in the regulations under subsection (2) but shall not exceed an amount of 15p, or, in the case of levy payable on or after 1 January, 2002, 19 cents, for each plastic bag supplied to a customer.

(4) The levy shall be payable by the person who carries on the business of selling goods or products in or at the supermarket, service station or sales outlet concerned or, if two or more persons each carry on such a business in or at the particular premises, whichever of them causes to be made the particular supply of plastic bags concerned.

(5) Regulations under subsection (2) shall provide for the following matters—

(a) the specification of the person or persons to whom the levy shall be payable (who or each of whom is referred to in this section as a ‘collection authority’),

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

(6) Regulations under subsection (2) may provide for all or any of the following matters—

(a) specifying the times at which payment of the levy shall be made and the form of such payment,

(b) requiring the notification to a collection authority by a person who carries on a business of the kind referred to in subsection (4) (being a business that involves the supply of plastic bags to customers in the circumstances mentioned in subsection (2)) of that fact,

(c) requiring specified records to be kept by a person referred to in subsection (4) in respect of matters connected with liability to pay levy and specifying the form of such records,

(d) requiring the furnishing of such records and other specified information relating to liability as aforesaid at specified intervals to a collection authority and specifying the manner in which such records and information shall be so furnished,

(e) requiring specified notices at the time of a specified act being done that involves a plastic bag to be given, in a specified manner and in a specified form, of the fact that the levy is payable (whether in relation to that act or a previous such act),

(f) specifying a class of bag to be a class of bag excepted from the definition of plastic bag in subsection (1) (and such specification shall be made by reference only to the bag's size, composition or intended use or any combination of those matters),

(g) providing for exemptions in specified circumstances from the liability to pay the levy,

(h) enabling the payment of the levy by specified persons to be deferred in specified circumstances,

(i) requiring specified records and accounts to be kept by collection authorities in respect of levy paid or payable to them,

(j) enabling the refund of payments of levy to be made to specified persons in specified circumstances,