Environment (Miscellaneous Provisions) Act 2015

(vii) as respects contamination that may be caused by the incorrect segregation of specified household waste from other waste in receptacles for segregated household waste, requiring the holder of a waste licence:

(I) to monitor levels of contamination;

(II) to record and maintain specified data on levels of contamination;

(III) to provide training for staff in relation to monitoring contamination;

(IV) to prepare and maintain protocols and procedures in the event that such contamination is detected by the holder, including to inform the person who delivers household waste or to refuse to accept the waste,

and

(viii) where a weighing system is used to determine weight-based collection charges, requiring the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste licence.”,

and

(b) the insertion of the following subsection after subsection (3):

“(3A) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations, specify a condition to be attached to a waste licence specifying a requirement that the holder of the licence shall charge fees for accepting a class of household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the facility of the holder of the waste licence by the person who delivers household waste.

(b) Regulations under paragraph (a) shall provide for the means by which fees for accepting household waste shall be calculated by a holder of a waste licence and shall—

(i) require a holder of a waste licence to charge a fee for each kilogramme of household waste accepted by the holder,

(ii) prohibit a holder of a waste licence from charging any form of fee other than that referred to at subparagraph (i), and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted,

(iii) require a holder of a waste licence to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.

(c) (i) For the purposes of paragraph (b)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder of a waste licence and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder of the licence, from the person who delivers that waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.

(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).

(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.”.

42. Amendment of section 50 of Act of 1996

42. Section 50 of the Act of 1996 is amended in subsection (1) by the substitution of the following paragraph for paragraph (a):

“(a) an application made to the local authority for—

(i) the grant of a waste collection permit under section 34,

(ii) a review of a waste collection permit under section 34A(1)(b), or

(iii) the transfer of a waste collection permit under section 34B,”.

43. Transitional and savings provisions consequent on Environment (Miscellaneous Provisions) Act 2015

43.The Act of 1996 is amended by the insertion of the following section after section 76:

“77. (1) Every application for a waste collection permit under section 34 or for a review of a waste collection permit under section 34A (inserted by section 38 of the Environment (Miscellaneous Provisions) Act 2015 made and not finally dealt with and determined or completed before the commencement of section 37 or 38 of the Environment (Miscellaneous Provisions) Act 2015 shall, on that commencement, continue to be dealt with by a local authority and be determined and completed by it as if the application were an application under this Act as it stands amended by section 37 or 38 of the Environment (Miscellaneous Provisions) Act 2015.

(2) Every application made for a waste permit or such other authorisation or certificate as may be granted under section 39 and not finally dealt with and determined or completed before the commencement of section 40 of the Environment (Miscellaneous Provisions) Act 2015 shall, on that commencement, continue to be dealt with by a local authority or the Agency and be determined and completed by it as if the application were an application under this Act as it stands amended by section 40 of the Environment (Miscellaneous Provisions) Act 2015.

(3) Every application for a waste licence under section 40 or for a review of a waste licence under section 46 made and not finally dealt with and determined or completed before the commencement of section 41 of the Environment (Miscellaneous Provisions) Act 2015 shall, on that commencement, continue to be dealt with by the Agency and be determined and completed by it as if the application were an application under this Act as it stands amended by section 41 of the Environment (Miscellaneous Provisions) Act 2015.”.

PART 8 Amendment of Section 6 of Local Government Act 1998

44. Amendment of section 6 of Local Government Act 1998

44. Section 6 of the Local Government Act 1998 is amended in subsection (2C) (inserted by section 7 of the Motor Vehicle (Duties and Licences) Act 2013)—

(a) by substituting for paragraph (a) (inserted by section 79 of the Local Government Reform Act 2014) the following:

“(a) Subject to paragraphs (b) and (c), the Minister may, on or before 31 December 2015, pursuant to a request from the Minister for Finance, make one, or more than one, payment from the Fund in the amount requested by the Minister for Finance.”,

and

(b) by substituting for paragraph (c) (inserted by the said section 79) the following:

“(c) The total amount of all payments made underparagraph (a) shall not exceed €540 million.”.

PART 9 Amendment of Dog Breeding Establishments Act 2010 and Control of Dogs Act 1986

45. Amendment of Dog Breeding Establishments Act 2010

45. The Dog Breeding Establishments Act 2010 is amended by the substitution of—

(a) in section 9(5), in paragraph (c), “6 months” for “4 months”,

(b) in section 18(1), “the local authority” for “he or she”,

(c) in section 20(1), “authorised person” for “authorised officer”, and

(d) in section 21(2), the following paragraph for paragraph (b):

“(b) if the dog breeding establishment has been registered, require the operator of the dog breeding establishment to surrender the registration certificate to the local authority issuing the notice,”.

46. Amendment of Control of Dogs Act 1986

46. Section 8(2) of the Control of Dogs Act 1986 is amended by the substitution of the following subsection for subsection (2):

“(2) The operator of a dog breeding establishment registered under the Dog Breeding Establishments Act 2010, where that operator is required to hold a general dog licence, shall not, other than where the operator is a fee exempt applicant within the meaning of section 9 of that Act, be liable to pay a fee in respect of the issue of that licence.”.

PART 10 Water Charges

47. Water charges

47. The Water Services (No. 2) Act 2013 is amended by inserting the following section after section 23:

“Registration with Irish Water

23A. (1) Where water services are provided to a dwelling by Irish Water, the owner of the dwelling shall, subject to subsections (2) and (3) —

(a) register with Irish Water as a customer and confirm whether or not the dwelling is his or her principal private residence, or

(b) notify Irish Water, in writing or in such other form and manner as Irish Water may specify, that he or she is not the occupier of the dwelling and provide—

(i) the date of commencement of any agreement for the occupation of the dwelling, and

(ii) the name of each person with whom the owner has such an agreement for the occupation of the dwelling,

not later than—

(I) 20 working days after the coming into operation of section 47 of the Environment (Miscellaneous Provisions) Act 2015, and

(II) where there is a change in the occupation of the dwelling after the coming into operation of section 47 of the Environment (Miscellaneous Provisions) Act 2015, 20 working days after such a change.

(2) Subsection (1)(I) shall not apply to the owner of a dwelling where, before the coming into operation of section 47 of the Environment (Miscellaneous Provisions) Act 2015, Irish Water has been notified of the details of the occupation of the dwelling concerned.

(3) Where the Residential Tenancies Act 2004 applies to the dwelling concerned, subsection (1)(a) shall not apply to the owner of the dwelling but that owner shall comply with subsection (1)(b).

(4) Notwithstanding section 21(5) and subsection (5) of this section, where the owner of a dwelling fails to comply with subsection (1)(b), the owner shall pay to Irish Water any charge under section 21 in respect of the dwelling for the period from the date of commencement of the agreement for the occupation of the dwelling until the date on which the owner so complies.

(5) (a) Unless such an agreement expressly provides otherwise, an agreement for the occupation of a dwelling entered into after the coming into operation of section 47 of the Environment (Miscellaneous Provisions) Act 2015 is deemed to include a provision that the occupier shall pay to Irish Water any charge under section 21 in respect of the dwelling for the period from the date on which the agreement commences until the date on which the occupier vacates the dwelling.

(b) The exception provided for in paragraph (a) shall not apply to a dwelling to which the Residential Tenancies Act 2004 applies.

(6) A person who registers with, or notifies, Irish Water under subsection (1) and provides information which to his or her knowledge is false or misleading in a material respect commits an offence and is liable on summary conviction to a class A fine.

(7) In this section ‘dwelling’ means a premises occupied, or which may be occupied, by a person as his or her place of private residence (whether or not as his or her principal private residence).”.

48. Payment of charge on sale of property

48. The Water Services Act 2014 is amended by inserting the following section after section 3:

“3A. (1) In this section—

‘dwelling’ means a premises occupied, or which may be occupied, by a person as his or her place of private residence (whether or not as his or her principal private residence);

‘market value’, in relation to a dwelling, means the price which the unencumbered fee simple of the dwelling would fetch if sold on the open market;

‘sale’ includes, in relation to a dwelling, the transfer of the dwelling by its owner or any trustee or personal representative of the owner to another person—

(a) in consequence of—

(i) the exercise of a power under any enactment to compulsorily acquire land, or

(ii) the giving of notice of intention to exercise such power,

or

(b) for no consideration or consideration which is significantly less than the market value of the dwelling at the time of its transfer.

(2) The owner of a dwelling (in this section referred to as the ‘vendor’) who proposes to sell the dwelling shall—

(a) before the completion of the sale, pay to Irish Water any charge under section 21 of the No. 2 Act of 2013 in respect of the dwelling payable by the owner to Irish Water, including any such charge payable by the owner by virtue of section 23A(4) of that Act, and

(b) provide to his or her solicitor—

(i) a certificate of discharge from Irish Water confirming that any such charge has been paid, or

(ii) a statement from Irish Water that any charge under section 21 of the No. 2 Act of 2013 payable in respect of the dwelling is not the liability of the owner.

(3) Where the vendor fails to provide the certificate referred to in subsection (2)(b)(i) or the statement referred to in subsection (2)(b)(ii) before the completion of the sale, the vendor’s solicitor shall, before completing the sale, request from the vendor a statement from Irish Water setting out the amount of the charge (if any) under section 21 of the No. 2 Act of 2013 payable by the vendor to Irish Water in respect of the dwelling.

(4) Where the vendor fails to provide the statement referred to in subsection (3), the vendor’s solicitor shall, before completing the sale, request such a statement from Irish Water.

(5) The vendor’s solicitor shall withhold from the net proceeds of sale remaining (if any), after the discharge of all mortgages and other liabilities relating to the sale, the amount (if any) set out in the statement provided to the solicitor under subsection (3) or (4), as the case may be, and, subject to subsection (6), remit that amount to Irish Water within 20 working days of the completion of the sale of the dwelling.

(6) A remittance of any amount to Irish Water under subsection (5) is without prejudice to any right the vendor may have under—

(a) a complaints procedure provided by Irish Water in accordance with a code of practice approved by the Commission under section 32 of the No. 2 Act of 2013,

(b) the dispute resolution service provided by the Commission under section 8 to customers of Irish Water, or

(c) Part 6 of the Residential Tenancies Act 2004.

(7) Irish Water shall provide a receipt to the vendor’s solicitor in respect of any amount remitted to it under subsection (5).

(8) A receipt provided to the vendor’s solicitor under subsection (7) shall be in full and final settlement of any obligation imposed on the vendor’s solicitor under this section.

(9) A person who is a tenant of a dwelling let to him or her under the Housing Acts 1966 to 2014 and who proposes to purchase the dwelling under a scheme for its purchase shall, before the completion of the sale to him or her, provide to the local authority concerned a certificate of discharge from Irish Water confirming that any charge under section 21 of the No. 2 Act of 2013 in respect of that dwelling payable by the person to Irish Water has been paid, and the sale of the dwelling to him or her shall not be completed until the certificate has been so provided.

(10) Irish Water shall, as appropriate, provide without undue delay—

(a) to a vendor, on his or her request, a certificate referred to in subsection (2)(b)(i), or a statement referred to in subsection (2)(b)(ii) or (3),

(b) to a person referred to in subsection (9), on his or her request, a certificate referred to in that subsection, and

(c) to a vendor’s solicitor, on his or her request, a statement referred to in subsection (4) and, where any amount has been remitted to Irish Water under subsection (5), a receipt referred to in subsection (7).”.

49. Amendment of section 5 of Water Services Act 2014

49. Section 5 of the Water Services Act 2014 is amended—

(a) in subsection (3), by inserting “and section 5A (inserted by section 50 of the Environment (Miscellaneous Provisions) Act 2015)” after “this section”, and

(b) by inserting the following subsection after subsection (3):

“(3A) For the purposes of this section and section 5A, an approved housing body (being a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992) that—

(a) is in receipt of funding from the Health Service Executive under—

(i) an arrangement under section 38 of the Health Act 2004, or

(ii) section 39 of the Health Act 2004,

and

(b) is liable for the payment of any charge for the provision of water services to a dwelling,

shall be regarded as the occupier of the dwelling.”.

50. Water conservation grant - database

50. The Water Services Act 2014 is amended by inserting the following section after section 5:

“5A. (1) The Minister may, for the purposes of paying a grant under section 5 in respect of any year after 2015, arrange for the establishment and maintenance of a database of water services provided to dwellings (in this section referred to as ‘the database’).

(2) The database shall include the following information in respect of each dwelling:

(a) details of the water supply to the dwelling;

(b) details of the treatment of waste water discharged from the dwelling;

(c) the address of the dwelling;

(d) the postcode (within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011), if any, of the dwelling;

(e) the name of the occupier of the dwelling;

(f) whether or not the dwelling is the principal private residence of the occupier;

(g) any unique reference number assigned in respect of the dwelling to the occupier of the dwelling.

(3) A grant under section 5 shall not be payable to any person in respect of a dwelling in respect of any year after 2015 unless on the reckonable date—

(a) the dwelling is—

(i) included in the database, and

(ii) occupied by such person as his or her principal private residence,

or

(b) the dwelling is a dwelling to which subsection (3) or (3A) (inserted by section 49 of the Environment (Miscellaneous Provisions) Act 2015), as the case may be, of section 5 applies.

(4) The Minister may, in any year after 2015, by order prescribe a date to be the reckonable date for that year, for the purposes of subsection (3).

(5) The Minister may request Irish Water or the Local Government Management Agency (in this section referred to as ‘the Agency’) to establish and maintain the database on behalf of the Minister.

(6) For the purpose of the performance of the Minister’s functions under this section and section 5—

(a) the Minister for Social Protection shall, on the request of the Minister or, where the Minister requests Irish Water or the Agency, pursuant to subsection (5), to establish and maintain the database, Irish Water or the Agency, provide to the Minister, Irish Water or the Agency, as the case may be, so much of the information referred to in subsection (2) provided, whether before or after the coming into operation of section 50 of the Environment (Miscellaneous Provisions) Act 2015, to the Minister for Social Protection under section 5 or regulations made under that section, as the Minister, Irish Water or the Agency, as the case may be, may reasonably require,

(b) Irish Water shall, on the request of the Minister or, where the Minister requests the Agency, pursuant to subsection (5), to establish and maintain the database, the Agency, provide to the Minister or the Agency, as the case may be, so much of the information referred to in subsection (2) as the Minister or the Agency, as the case may be, may reasonably require in relation to customers of Irish Water, and

(c) the Minister or, where the Minister requests Irish Water or the Agency, pursuant to subsection (5), to establish and maintain the database, Irish Water or the Agency, as the case may be, may request all or any of the information referred to in subsection (2) from the occupier of a dwelling who is not a customer of Irish Water where—

(i) the dwelling is not included in the database, or

(ii) there is any change, after 30 June 2015, in the occupation of a dwelling included in the database,

and any such information shall be provided, by reference to the reckonable date concerned, at the time or times and in the form and manner so requested.

(7) The Minister or, where the Minister requests Irish Water or the Agency, pursuant to subsection (5), to establish and maintain the database, Irish Water or the Agency, as the case may be, shall provide to the Minister for Social Protection, at the time or times and in the form and manner agreed between the Minister and the Minister for Social Protection, such information from the database as is reasonably necessary for the purposes of the Minister for Social Protection paying a grant under section 5 on behalf of the Minister.”.

51. Amendment of Water Services Act 2007

51. The Water Services Act 2007 is amended—

(a) in section 9, by inserting “or section 23A(6) of the Water Services (No. 2) Act 2013” after “under this Act” in each place, and

(b) in section 10, by inserting “or section 23A(6) of the Water Services (No. 2) Act 2013” after “under this Act”.