S.I. No. 820/2007 - Waste Management (Collection Permit) Regulations 2007

Notice from the nominated authority requiring a review of a waste collection permit

• (2) Where a nominated authority proposes to review a waste collection permit under section 34(6) of the Act, it shall give notice in writing of such intention to the permit holder to any other relevant local authority concerned and in the case of an activity relating to the collection of hazardous waste the Agency and the waste collection permit shall remain in force until such time as a reviewed waste collection permit is granted or refused under articles 17 or pursuant to this article or to article 24, as the case may be, or the existing permit is revoked under article 29.

• (3) A notice given under sub-article (2)

• (a) shall—

• (i) inform the permit holder of the intent of the nominated authority to review the existing waste collection permit in the particular region, and

• (ii) advise the permit holder that a multi-regional waste collection permit system has been established, whereby the permit holder under these Regulations may decide whether he or she wishes to have some or all of his or her existing waste collection permits in the various regions reviewed or to make an application for a permit which would also within the same submission allow the collection of waste in additional regions, and

• (iii) state that if the permit holder decides that she or he wishes to—

• (I) have a number of his or her existing waste collection permits reviewed at the same time as the review proposed by the nominated authority,

• (II) to extend his or her waste collection activities into additional regions, or

• (III) to make significant changes to the nature, focus or extent of existing waste collection activities,

an application for a waste collection permit will have to be made in accordance with articles 5, 6 and 7 in respect of the regions and, where appropriate, additional regions, to the nominated authority in the region where the principal waste collection activities are proposed to take place,

• (iv) advise the permit holder that the nominated authority is available for pre-application consultations and that such course of action is recommended in order to assess the application for the review of a waste collection permit in terms of the procedures which are likely to apply to the review process under article 25,

• (v) inform the permit holder that where an application for a waste collection permit is required under paragraph (a)(iii) and the application is made within 60 working days of the notice, any existing waste collection permit(s) shall remain in force until a waste collection permit is issued or refused under article 17, or the existing permit or permits are revoked under article 29,

• (b) shall require the permit holder to make an application to the nominated authority for a review of the waste collection permit, other than where an application for a waste collection permit is to be made under paragraph (a)(iii) in accordance with articles 5, 6 and 7,

• (c) shall require the permit holder to pay the appropriate fee for an application for the review of the waste collection permit, or, as the case may be, for an application for a waste collection permit, as set out in article 8,

• (d) may require the waste collection permit holder to furnish such submissions, plans, documents, other information and particulars within the application for a review of the waste collection permit as the nominated authority considers necessary for the purposes of the proposed review,

• (e) may, in accordance with article 14(2), require the permit holder, as the case may be, to defray or contribute towards actual costs reasonably incurred by the nominated authority or other relevant local authority in respect of the assessment of an application for the review of a waste collection permit,

• (f) shall indicate that—

• (i) an application for the review of a waste collection permit, including any required submission relating to the proposed review shall be made by the permit holder in writing to the nominated authority within 25 working days of the date of the giving of the notice, and that the nominated authority shall not decide to amend conditions attached to a waste collection permit which it has granted, before the expiry of the said period, and

• (ii) where the permit holder does not make an application in accordance with paragraph (i), the nominated authority shall revoke the existing waste collection permit and notify the applicant under section 34(8) of the Act of that decision.

Application made on initiative of permit holder for the review of a waste collection permit

• (2) Where a permit holder proposes to have a waste collection permit reviewed by a nominated authority within a particular region, and where he or she—

• (a) wishes to make significant changes to the nature, focus or extent of existing waste collection activities, or

• (b) holds a number of individual permits for different regions, the permit holder shall—

• (i) make an application for a waste collection permit in accordance with articles 5, 6 and 7 for all the regions in which waste collection activities are being undertaken and for any other regions to which the permit holder may propose to extend his or her waste collection activities, and

• (ii) make the application to the nominated authority in the region where the principal waste collection activity or activities are proposed to take place.

• (3) where a permit holder proposes to have an existing waste collection permit reviewed under section 34(6) of the Act and—

• (a) such review applies only to a region or regions for which a single existing waste collection permit relates, and

• (b) there are not in the reasonable opinion of the permit holder, significant changes to the nature, focus or extent of existing waste collection activities,

the permit holder shall—

• (i) make an application to the nominated authority for a review of the permit,

• (ii) furnish such submissions, plans, documents or other information to the nominated authority within the application as are necessary to support the application for the proposed review of the waste collection permit, and

• (iii) include payment of the appropriate fee for an application for the review of a waste collection permit in accordance with the third schedule as set out in article 8.

Procedures to be applied by the nominated authority in the determination of an application for the review of a waste collection permit

• (a) the nominated authority may decide, in its reasonable opinion, that adequate information has been provided by the applicant for the purpose of determining the application and that it is appropriate to proceed to review the waste collection permit on the basis of the information received by it in accordance with the procedure set out in article 26.

• (b) the nominated authority may decide, in its reasonable opinion, that adequate information has been provided by the applicant but that there is a need for a public consultation process on the basis of the changes proposed in the nature, focus or extent of the waste collection activities, and shall—

• (i) require the applicant to insert a public notice in either a national newspaper, or in newspapers circulating in the area in which the waste collection activities will take place, that an application for a review of the existing waste collection permit has been sent to the nominated authority,

• (ii) consult with other relevant local authorities and the Agency, and

• (iii) seek submissions on the application for the review of a waste collection permit from members of the public in accordance with the procedures set out in article 27 and, before making a decision on the review of the permit,

or

• (c) the nominated authority may decide, in its reasonable opinion, that an application for a waste collection permit in accordance with articles 5, 6 and 7 is warranted due to—

• (i) the nature, focus or extent of the waste collection activities proposed in the application for a review of a waste collection permit being so significantly changed from the existing waste collection permit, or

• (ii) the proposed review relating to existing waste collection permits which regulate waste collection activities in more than one region,

the nominated authority shall require that an application for a waste collection permit be submitted by the applicant in accordance with articles 5, 6 and 7, and such application shall be made to the nominated authority in the region where the principal waste collection activities are proposed to take place.

• (2) The nominated authority shall make a decision under this article on the procedures to apply to the review of the waste collection permit within 15 working days from the date of submission of an application for the review of a waste collection permit under article 24 or in response to a notice issued under article 23.

• (3) Where a nominated authority decides under sub-article (1)(c) that an applicant for the review of a waste collection permit should make an application for a waste collection permit in accordance with articles 5, 6 and 7, the nominated authority shall notify the applicant in writing to this effect within five working days of making its decision.

• (4) Where an applicant for the review of a waste collection permit receives a notification under sub-article (3), he or she may appeal to a court of competent jurisdiction against such a decision and, on hearing the appeal, the court may confirm or annul the decision.

Decision on an application for the review of a waste collection permit on the basis of particulars received from the applicant

Decision on an application for the review of a waste collection permit on the basis of particulars received from the applicant, relevant local authorities and other persons

• (a) require the applicant to publish notice that an application has been made to the nominated authority for the review of the existing waste collection permit in either a national newspaper, or in newspapers circulating in each of the local authority areas from which waste will be collected,

• (i) A notice published pursuant to this sub-paragraph shall—

• (I) contain as a heading, and in uppercase, the words “APPLICATION TO [NAME OF THE NOMINATED AUTHORITY] FOR THE REVIEW OF A WASTE COLLECTION PERMIT RELATING TO A WASTE COLLECTION ACTIVITY OR WASTE COLLECTION ACTIVITIES IN [NAME OF RELEVANT REGION or REGIONS]”,

• (II) give the full name and the address of the principal place of business of the applicant,

• (III) state that an application for the review of a waste collection permit has been made to the above mentioned nominated authority,

• (IV) specify the nature of the waste collection activity to which the application relates and the local authority area or areas in which the collection activity, or activities, will be carried on, and

• (V) state that a copy of the application for a review of the waste collection permit will be available for inspection or purchase at the principal office of the nominated authority as soon as may be and that any member of the public may, within a period of 25 working days of the application being made available for inspection by the nominated authority, make a written submission to the nominated authority in relation to the said application for a permit review,

• (b) (i) notify, as soon as may be, such an other relevant local authority or other local authorities and, in the case of an activity involving the collection of hazardous waste, the Agency, that an application has been received for the review of a waste collection permit and that notice shall be accompanied by a copy of the said application for a review of a waste collection permit and any submissions included therein,

• (ii) before it gives notice of a decision under article 28, the nominated authority shall have regard, within a period of 25 working days from the date of a relevant notification under sub-article, to any written submission received from any other relevant local authority or the Agency,

• (iii) where a local authority or the Agency specifically state that particular matters raised in their submission to the nominated authority are required for the implementation of the Waste Management Plan for their region, or, as the case may be, the National Hazardous Waste Management Plan, the nominated authority must incorporate conditions in the reviewed permit to give effect to such provisions,

• (c) make available for public inspection in accordance with this article—

• (i) a copy of the application for the review of the waste collection permit, including the documents and information received therein,

• (ii) a copy of any correspondence or notifications sent to other relevant local authorities or the Agency in relation to the application for the review of the waste collection permit,

• (iii) submissions received from the public in relation to the application for the review of the waste collection permit,

• (iv) where an application for the review of a waste collection permit which has been received by a nominated authority is in respect of a waste collection activity which is proposed to be carried out within the functional area or areas of any other local authority, each relevant local authority shall make available for public inspection a copy of the completed application form during office hours at its principal office,

• (d) arrange that—

• (i) a copy of the application for the review of the waste collection permit, or any extract therefrom, shall be made available for purchase, on request, during office hours at the principal office of the nominated authority, at such charge (if any), not exceeding the reasonable cost of making such copies, as the authority may determine, and

• (ii) arrange that a copy of the completed application form for the review of a waste collection permit, or any extract therefrom, shall be made available for purchase, on request, during office hours at the principal office of each relevant local authority, at such charge (if any), not exceeding the reasonable cost of making such copies, as the authority may determine.

• (2)
• (a) Any person may, on their own initiative, or on the invitation of the nominated authority, within a period of 25 working days following the making available for inspection by a nominated authority of an application for a review of a waste collection permit, make a written submission to the nominated authority in relation to the said application.

• (b) The nominated authority shall, as soon as may be after receipt of a submission under paragraph (a)—

• (i) notify the person in writing that the submission has been received by the nominated authority,

• (ii) make the submission available for public inspection in accordance with sub-article (1)(c),

• (iii) notify the applicant in writing that the submission has been received by the nominated authority and has been made available for inspection in the principal office of the nominated authority from a specified date, and

• (iv) forward a copy of the submission to the other relevant local authorities concerned, and in the case of a submission in relation to the collection of hazardous waste, to the Agency.

• (c) An applicant may make a submission in writing to the nominated authority in relation to any submission within a period of 25 working days of the date of its notification to the applicant.

Determination and notice of grant or refusal of a reviewed waste collection permit

• (2) A nominated authority shall make a decision in relation to an application for a review of a waste collection permit as expeditiously as possible and, in any event, grant, with or without conditions, or refuse to grant a review of a waste collection permit within a period of—

• (a) 40 working days from the date of the receipt of an application for the review of a waste collection permit,

• (b) 25 working days from the receipt of any submission received under and in accordance with sub-article 27(1)(b), or

• (c) 25 working days from the date of receipt of any submission received under and in accordance with sub-article 27(2)(a),

whichever period is the longest.

• (3) Where it appears to the nominated authority that it would not be possible or appropriate, because of the particular circumstances of an application for the review of a waste collection permit or because of the number of applications which have been submitted to the authority, to decide on an application within the period referred to in sub-article (2), the nominated authority shall, by notice in writing served on each party to the application before the expiration of that period, inform such party of the reasons why it would not be possible or appropriate to determine the application within that period and shall specify the date before which the authority intends that the application shall be determined.

• (4) Where a notice has been served under sub-article (3), the nominated authority concerned shall take all reasonable steps as are open to it to ensure that the application is decided upon before the date specified in the notice.

• (5) A reviewed waste collection permit shall be granted for a period of 5 years, unless the applicant can demonstrate to the satisfaction of the nominated authority that a shorter period is appropriate.

• (6) A nominated authority shall not grant a reviewed waste collection permit unless it is satisfied that—

• (a) the activity concerned, carried on in accordance with such conditions as are attached to the reviewed waste collection permit, will not cause environmental pollution,

• (b) any emissions from 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 enactment, and

• (c) the applicant is a fit and proper person.

• (7) Where an application is made under these Regulations for the review of an existing waste collection permit at least 60 working days before the expiry date of the permit, the waste collection permit shall remain in force until

• (a) a reviewed waste collection permit is granted or refused under sub- article (1), or

• (b) an application for a waste collection permit is required under articles 5, 6 and 7 and is granted or refused under article 17, or

• (c) the existing permit is revoked under article 29.

• (8) Where—

• (a) an application is not made for the review of an existing waste collection permit at least 60 working days before the expiry date of the permit, or

• (b) in the case of notification from the nominated authority under article 25(3) that an application for a waste collection permit is required in accordance with articles 6, 7 and 8, an application for a waste collection permit is not made at least 60 working days from the date of issue of this notification—

an existing waste collection permit shall cease to have effect after the expiry date and the person shall not engage in waste collection activities until such time as a reviewed waste collection permit is granted in accordance with article 28, or a waste collection permit is granted in accordance with article 17.

• (9) The nominated authority shall, as soon as may be after making a decision on the review of a waste collection permit under section 34(6) of the Act to amend conditions attached to a waste collection permit which has been granted or to refuse to grant a reviewed waste collection permit, give notice in writing of its decision and the reasons for its decision to the permit holder and any other relevant local authority concerned, and to the Agency if the activity relates to the collection of hazardous waste and, where appropriate, to any person who made a submission in relation to the application for the review of a waste collection permit.

• (10) A notification under sub-article (9) to the waste collection permit holder, other relevant local authority or the Agency (where relevant) in relation to amending conditions attached to a waste collection permit shall be accompanied by a copy of the amended waste collection permit.

• (11) A notification to any person who made a submission in relation to the application for the review of a waste collection permit under sub-article (9) of a decision to grant a reviewed waste collection permit shall state that a copy of the permit will be available for inspection or purchase during office hours at the principal office of the nominated authority and at the principal office of each relevant local authority, and the nominated authority and each relevant local authority shall arrange accordingly.

• (12) A notification under this sub-article (9) in relation to—

• (a) the refusal to grant a reviewed waste facility permit, or

• (b) amending conditions attached to a waste facility permit which has been reviewed,

shall include a reference to the right of appeal provided for under section 34(9) of the Act.

• (13) For the purposes of sub-article (9), in the case of an application for the review of a waste collection permit signed by more than one person, the nominated authority shall give notice only to the person who forwarded, or appears to the nominated authority to have forwarded, the application to the said authority.

Revocation of a waste collection permit

• (a) the permit holder, or other relevant person, is not, in its reasonable opinion, a fit and proper person,

• (b) the activity being carried out is, or may be, in contravention of the conditions of the waste collection permit granted by the nominated authority,

• (c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007; Waste Management (Movement of Hazardous Waste) Regulations, 1998 or Waste Management (Transfrontier Shipment of Waste) Regulations 1998,

• (d) the permit holder, or other relevant person, is likely, by a continuation of his or her activities, to cause environmental pollution, or

• (e) the permit holder, or other relevant person, is participating in, or facilitating, the onward movement of waste to unauthorised facilities or unauthorised collectors.

• (2) A nominated authority shall, as soon as may be after making a decision under section 34(6) of the Act to revoke a waste collection permit it has granted, give notice in writing of the decision and the reasons for the decision to the permit holder and any other relevant local authority concerned and, as appropriate in the case where the collection activity involves the collection of hazardous waste, to the Agency.

• (3) The former holder of a waste collection permit which has been revoked may, within a period of 30 working days, appeal to a court of competent jurisdiction against the revocation of the waste collection permit and, on hearing the appeal, the court may confirm or annul the revocation.

Non-application of section 34(1)(a) of the Act

• (a) the gathering, sorting or mixing of waste—

• (i) on the premises at which the waste arose, or

• (ii) which is carried on in accordance with a waste licence, a waste facility permit, a certificate of registration or an IPPC licence that is for the time being in force,

• (b) the collection and transport of non-hazardous waste, other than under the conditions described in paragraph (k)(i) by a person where—

• (i) such transport is incidental to the main business activity of the person concerned, and

• (ii) the quantity of waste transported by the person concerned is equal to or less than 2 tonnes other than waste which is transported in, or on, a vehicle designed for the carriage of a skip or other demountable container,

• (c) the collection and transport of waste, returned or recovered refrigerant gases in refrigerant containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000 and Regulation (EC) No. 842/2006, by a person where—

• (i) such transport is incidental to the main business activity of the person concerned,

• (ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered refrigerant gases in accordance with the relevant legislative requirements for the specific refrigerant gas type,

• (iii) the quantity of waste, returned or recovered refrigerant gas transported in refrigerant containers by the person concerned is equal to or less than 2 tonnes,

• (iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,

• (v) the handling and transport of the refrigerant gases is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,

• (vi) no mixing of different refrigerant gas types occurs,

• (vii) the transport of the waste, returned or recovered refrigerant gases in refrigerant containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,

• (viii) the waste, returned or recovered refrigerant gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with the relevant legislative requirements for the specific refrigerant gas type,

• (d) the collection and transport of waste, returned or recovered halons in halon containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000, by a person where—

• (i) such transport is incidental to the main business activity of the person concerned,

• (ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered halons in accordance with Regulation (EC) No. 2037/2000,

• (iii) the quantity of waste, returned or recovered halons transported in halon containers by the person concerned is equal to or less than 2 tonnes,

• (iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,

• (v) the handling and transport of the halons in halon containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,

• (vi) the transport of the waste, returned or recovered halons in halon containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,

• (vii) the waste, returned or recovered halon gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 2037/2000,

• (e) the collection and transport of waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers where recovery has the meaning assigned to it under Regulation (EC) No. 842/2006, by a person where—

• (i) such transport is incidental to the main business activity of the person concerned,

• (ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered fluorinated greenhouse gases in accordance with Regulation (EC) No. 842/2006,

• (iii) the quantity of waste, returned or recovered fluorinated greenhouse gas transported in fluorinated greenhouse gas containers by the person concerned is equal to or less than 2 tonnes,

• (iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,

• (v) the handling and transport of the fluorinated greenhouse gas in fluorinated greenhouse gas containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,

• (vi) the transport of the waste, returned or recovered fluorinated greenhouse gas in fluorinated greenhouse gas containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,

• (vii) the waste, returned or recovered fluorinated greenhouse gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 842/2006,

• (f) the collection and transport of specified risk material, or protein or tallow obtained from the rendering of specified risk material, under and in accordance with a licence granted under Regulation 10 of the European Communities (Specified Risk Material) Regulations, 2000 ( S.I. No. 332 of 2000 ),

• (g) the collection and transport of animal by-products, other than catering waste, within the meaning of the European Communities (Animal By-Products) Regulations 2003 ( S.I. No. 248 of 2003 ) as amended by the European Communities (Animal By-products) (Amendment) Regulations 2005 ( S.I. No. 707 of 2005 ), subject to any amendment that may be made to those regulations from time to time,

• (h) the collection and transport of packaging waste by a major producer, within the meaning of the Waste Management (Packaging) Regulations 2003 ( S.I. No. 61 of 2003 ) as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 ( S.I. No. 871 of 2004 ) and the Waste Management (Packaging) (Amendment) Regulations 2006 ( S.I. No. 308 of 2006 ), under and in accordance with, articles 5(1)(a) and 9(1)(e) of those Regulations, subject to any amendment that may be made to those Regulations from time to time,

• (i) collection and transport of farm plastic waste by a producer within the meaning of the Waste Management (Farm Plastics) Regulations, 2001 ( S.I. No. 341 of 2001 ), under and in accordance with article 4 of those Regulations, subject to any amendment that may be made to those Regulations from time to time,

• (j) the collection of waste at a bring facility,

• (k) the collection and transport of waste electrical and electronic equipment by—

• (i) any—

• (I) person or persons in accordance with the provisions of article 38 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 );

• (II) producer as defined in section 53G of the Act, from a final user other than a private household, for the purposes of fulfilling his or her obligations in accordance with the provisions of article 17(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) and provided the quantity of waste concerned is equal to or less than 0.5 tonnes,

• (III) final user other than other than a private household for the purposes of—

• (A) fulfilling his or her obligations in accordance with the provisions of article 17(2) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ), or as appropriate,

• (B) transporting waste electrical and electronic equipment to a collection point designated by a producer as defined in section 53G of the Act where alternative financial arrangements have been made in accordance with the provisions of article 18(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ),

subject to any amendment that may be made to the those Regulations from time to time and provided the quantity of waste concerned is equal to or less than 0.5 tonnes, or as appropriate,

• (ii) person or persons acting on behalf of or in conjunction with an authorised treatment facility where the waste electrical and electronic equipment concerned will be treated in accordance with the technical requirements as set out in the seventh schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) for the purposes of raising awareness, or as appropriate, targeting specific categories of waste electrical and electronic equipment subject to the approval of the Minister and shall be subject to such conditions as the Minister may specify, including but not exclusively—

• (I) the period of approval which shall be for a period of not more than 6 months,

• (II) the use of logos adopted by the Minister,

• (III) the nature of information to recorded and maintained by the authorised treatment facility concerned, or as appropriate

• (IV) provided to the Agency, or as appropriate, any local authority

• (V) variance in the terms and conditions of approval, and

• (VI) revocation of approval,

subject to any amendment that may be made to those Regulations from time to time.

• (l) the collection and transport of waste, other than in a vehicle designed for the carriage of a skip or other demountable container, undertaken by or on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, provided that, in the case of waste electrical and electronic equipment, the activity is confined to the transport of waste electrical and electronic equipment listed within the first schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ), other than waste electrical and electronic equipment listed within Category 5 of that schedule.

• (m) the collection of waste at a central collection point by, or on behalf of a local authority, or with the approval of a local authority, where such collection is undertaken by, or on behalf of, a community group,

• (2) The exemptions provided for in sub-articles

• (a) 1(j) and 1(k) shall not apply—

• (i) to contaminated waste electrical and electronic equipment that presents a health and safety risk,

• (ii) unless transport of the waste electrical and electronic equipment is to an authorised facility where it will be stored in accordance with the requirements of Annex III of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, and

• (iii) unless the waste electrical and electronic equipment will be reused or eventually be treated at an appropriate facility in accordance with the technical requirements of Annex II of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, or as appropriate,

• (b) 1(b), 1(g), 1(h), 1(i), 1(j), 1(k) and 1(l) shall not apply to any person or persons that is not fulfilling his or her producer responsibility obligations, where applicable, provided for in Regulations made in accordance with Part III, or as appropriate, Part VA, Part VB of the Act or, as appropriate, any appropriate section or Part concerning producer responsibility obligations, that may be inserted into the Act from time to time,

• (c) 1(b) to 1(l) inclusive shall not apply in respect of the collection and transport of waste in any vehicle that is not—

• (i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC, and

• (ii) facilitating the transfer of the waste to an authorised facility, and

• (iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and as appropriate,

• (iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992 .

Notice regarding nominated authority

• (2) Where a local authority is nominated to act on behalf of a region specified in column (1) of third schedule under section 34(1) of the Act for the purposes specified therein, that authority shall publish a notice to that effect in a newspaper, or newspapers circulating in the functional areas of the local authorities concerned.

Notice and information to the Agency and other local authorities

• (a) furnish such information in relation to the collection and movement of waste within its functional area and, as appropriate, the functional areas of the other relevant local authorities concerned to the Agency, in such form and at such frequency as may be specified by the Agency for the purposes of this article, and

• (b) notify any relevant local authority and the Agency where a person is convicted of an offence under section 34 of the Act in proceedings brought by that authority.

Notices and information to the nominated authority

• (2) Where the notification under sub-article (1) identifies a material or significant change in the nature, extent or focus of the waste collection activities, the waste collection permit holder shall obtain the written agreement of the nominated authority before implementing such operational changes to the waste collection activity.

• (3) Any notice, information or records provided to a nominated authority under this article shall be made available to any relevant local authority and the Agency and the records shall be retained for a period of not less than seven years.

Entries in registers established under section 19 of the Act

• (1) the register established and maintained, by a nominated authority and by all other relevant local authorities in whose functional areas waste collection activities are being carried on, in accordance with section 19 of the Act shall contain entries specifying—

• (a) details of waste collection permits granted by nominated authorities and shall indicate, in respect of each waste collection permit, the expiry date of the waste collection permit (where appropriate) and the date or dates, if any, on which the waste collection permit was amended or revoked,

• (b) the information specified in article 7(1) in relation to waste collection activities for which a waste collection permit is granted, reviewed or revoked,

• (c) details of all waste collection activities carried out directly by local authorities within the functional area or areas covered by the nominated authority and other relevant local authorities, in relation to household, commercial and industrial waste.

Non-application of Waste Management (Movement of Hazardous Waste) Regulations, 1998.

• (a) waste oils,

• (b) end-of life vehicles from one authorised treatment facility to another authorised treatment facility or other facility which holds a waste facility permit, a waste licence or as appropriate an IPPC licence, provided that the vehicle concerned has been treated in accordance with the provisions of article 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) subject to any amendment that may be made to those Regulations from time to time,

• (c) hazardous household, commercial or agricultural wastes collected at a bring facility or by means of a segregated collection service provided to members of the public,

where such activity is subject to a waste collection permit under these Regulations.

• (2) Article 6 of the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ) shall not apply in respect of the movement of waste returned, recovered refrigerant gases in refrigerant containers or waste, returned or recovered halons in halon containers, or waste returned, recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers within the State, where such activity has been the subject of a prior annual notification to the Agency in accordance with the requirements of the fifth schedule and has received the appropriate acknowledgement of notification from the Agency.

• (3) Article 6 of the Waste Management (Movement of Hazardous Waste) Regulations, 1998 ( S.I. No. 147 of 1998 ) shall not apply in respect of the movement of waste electrical and electronic equipment in the State where such—

• (a) activity meets the conditions specified under articles 30(1)(k), or as appropriate, 30(1)(e) of these Regulations, or as appropriate,

• (b) waste is collected from a designated collection point by or on behalf of an approved body established in accordance with the provisions of Part IV of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ), subject to any amendment that may be made to those regulations from time to time.

Provision of false or misleading information, or failure to provide information

• (2) A person who fails to comply with a notice or to provide information that a nominated authority may require under these regulations shall be guilty of an offence.

Monitoring, inspection, auditing and enforcement.

• (2) For the purposes of ensuring that waste collection permit holders are complying with their obligations under these regulations, a nominated authority or, as the case may be, a local authority within its own functional area may take all reasonable measures as are decided to be appropriate in each case, including measures prescribed under sections 14, 15, 16 and 18 of the Act.

Article 2.

FIRST SCHEDULE STATUTORY INSTRUMENTS REVOKED

Number	Title	Extent of Revocation
S.I. No. 402 of 2001	Waste Management (Collection Permit) Regulations, 2001	The whole regulations, subject to transitional arrangements in Article 2(2)
S.I. No. 540 of 2001	Waste Management (Collection Permit) (Amendment) Regulations, 2001	The whole regulations, subject to transitional arrangements in Article 2(2)

Article 7.

SECOND SCHEDULE

Statutory Declaration

I declare that the information given in the application by

for the purpose of obtaining a waste collection permit is correct, and that no information which is required to be included in the said application has been omitted.

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

I authorise [name of nominated authority to which application is being made] to make any enquiries from official sources as it may consider necessary for the purpose of determining this application and, pursuant to section 8 of the Data Protection Act 1988 , I consent to the disclosure of details of convictions for relevant offences specified under article 21 of the Waste Management (Collection Permit) Regulations 2007.

Signature:

..................................................

Name (block capitals)

Declared before me at .................................................this ...................................... day of .......................................,

............................................ , 20........................ #

To be completed by a Solicitor/Commissioner of Oaths/Notary Public/Peace Commissioner/Garda Síochána.

Signature of Witness

Occupation

Date ..........................

WARNING Any person who gives false or misleading information for the purpose of obtaining a waste collection permit renders themselves liable to severe penalties.

Article 8.

THIRD SCHEDULE FEES PAYABLE IN RELATION TO A SINGLE APPLICATION FOR A WASTE COLLECTION PERMIT

Region(1)	Fee Payable(2)
North East 51	€1,000
Dublin 52	€1,000
South-East 53	€1,000
Cork 54	€1,000
Mid-West 55	€1,000
Connaught 56	€1,000
Midlands 57	€1,000
Wicklow	€1,000
Kildare	€1,000
Donegal	€1,000
All Regions	€5,000

51 Region consists of the functional areas of Cavan County Council, Louth County Council, Meath County Council and Monaghan County Council

52 Region consists of the functional areas of Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council

53 Region consists of the functional areas of Carlow County Council, Kilkenny County Council, South Tipperary County Council, Waterford County Council, Waterford City Council and Wexford County Council

54 Region consists of the functional areas of Cork County Council and Cork City Council.

55 Region consists of the functional areas of Limerick County Council, Limerick City Council, Kerry County Council and Clare County Council.

56 Region consists of the functional areas of Galway County Council, Galway City Council, Leitrim County Council, Mayo County Council, Roscommon County Council and Sligo County Council

57 Region consists of the functional areas of Laois County Council, Longford County Council, Offaly County Council, North Tipperary County Council and Westmeath County Council

Article 18.

FOURTH SCHEDULE PROVISIONS OF COMMUNITY ACTS, WHICH ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE COLLECTION PERMITS GRANTED BY A LOCAL AUTHORITY.

Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986
Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos
Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste
Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste
Council Directive 75/442/EEC of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991 and codified under Directive 2006/12/EC of the European Parliament and the Council of 5 April 2006 on waste
Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, (WEEE) as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005
Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004
Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, as amended by Council Regulations (EC) Nos. 2038/2000, 2039/2000, 1804/2003, Commission Regulation (EC) No. 2077/2004, Commission Regulation (EC) No. 29/2006 and Commission Regulation (EC) No. 1784/2006
Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases
Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances as amended by Commission Directive 93/86/EEC of 4 October 1993 and by Commission Directive 98/101/EC of 22 December 1998
Directive 2006/66/EC of the European Parliament and the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC
Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances
Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources
Directive 2000/60/EC of the European Parliament and of the Council of 23 October, 2000 establishing a framework for Community action in the field of water policy

Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration
Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos
Regulation (EC) N0. 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics
Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003
Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC, as amended by Council Regulation (EC) No. 1195/2006 and Council Regulation (EC) No. 172/2007

Article 25.

FIFTH SCHEDULE REQUIREMENTS FOR PRIOR ANNUAL NOTIFICATION TO THE AGENCY IN RESPECT OF THE COLLECTION AND TRANSPORT OF WASTE, RETURNED OR RECOVERED REFRIGERANT GASES IN REFRIGERANT CONTAINERS, WASTE, RETURNED OR RECOVERED HALONS IN HALON CONTAINERS AND WASTE, RETURNED OR RECOVERED FLUORINATED GREENHOUSE GASES IN FLUORINATED GREENHOUSE GAS CONTAINERS

• (1) A notification by a person to the Agency in respect of the collection and transport of waste, returned or recovered refrigerant gases in refrigerant containers, waste, returned or recovered halons in halon containers and waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers shall be made in writing and, as appropriate, contain the following information—

• (a) the full name of the person,

• (b) all trade names used or proposed to be used by the person

• (c) the address of the principal place of business of the person and, where applicable, the telephone number, telefax number and e-mail address of the person

• (d) if the person is a partnership, the name and address of each partner,

• (e) if the person is a body corporate, the address of its registered office and the name and address of any person who is a director, manager, secretary or other similar officer of the body corporate,

• (f) the type, estimated quantity and nature of the recovered refrigerant gases to be transported or likely to be transported in refrigerant containers or waste, returned or recovered halons to be transported or likely to be transported in halon containers or waste, returned or recovered fluorinated greenhouse gases to be transported or likely to be transported in fluorinated greenhouse gas containers in the 12-month period following notification

• (g) the local authority area or areas in which the collection of waste, returned or recovered refrigerant gases in refrigerant containers or waste, returned or recovered halons in halon containers or waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers will be carried on,

• (h) the name, address and waste licence/waste facility permit/certificate of registration number of any facility to which the person will deliver waste, returned or recovered refrigerant gases in refrigerant containers and waste, returned or recovered halons in halon containers or waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers to which the prior annual notification relates, together with the name, address and collection permit number (if relevant) of any company who collects from his or her premises

• (i) the frequency of collection of recovered refrigerant gases in refrigerant containers, waste, returned or recovered halons in halon containers and waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers,

• (j) information in relation to any offence, prescribed under article 20, of which the person has been convicted within the period of ten years prior to the making of the Notification, including information in relation to the court hearing the case, the nature of the offence and any penalty or requirement imposed by the court, and

• (k) information in relation to the terms of any requirement imposed on the person by order of a court under sections 57 or 58 of the Act.

• (2)
• (a) The information to be provided under paragraphs (j) and (k) of sub-article (1) shall, in a case where the person is a body corporate, include such information in relation to the person and to—

• (i) each director, manager, secretary or other similar officer of that body corporate, and

• (ii) each body corporate in relation to which a director, manager, secretary or other similar officer of the body corporate is, or was at any time during the period of ten years prior to the making of the application, a director, manager, secretary or other similar officer.

• (b) The information to be provided under paragraphs (j) and (k) of sub-article (1) shall, in a case where the person is a natural person or a partnership, include such information in relation to the applicant and each body corporate in which the person or any partner, as the case may be, is or was at any time during the period of ten years prior to the making of the application, a director, manager, secretary or other officer.

GIVEN the Official Seal of the Minister for the Environment, Heritage and Local Government,

17 December 2007

JOHN GORMLEY.

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend and replace the Waste Management (Collection Permit) Regulations 2001 and set out procedures for the making of permit applications, public consultation, consideration by local authorities of submissions in relation to permit applications, and the grant, refusal and review of collection permits by local authorities.

Footnotes