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Number 36 of 2001
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WASTE MANAGEMENT (AMENDMENT) ACT, 2001
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ARRANGEMENT OF SECTIONS
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Section
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1.
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Definition.
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2.
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Community acts given effect to by
this Act.
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3.
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Amendment of section 5 of Act of
1996.
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4.
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Amendment of section 22 of Act of
1996.
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5.
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Consequential amendment of Act of
1996 related to section 4.
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6.
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Amendment of section 34 of Act of
1996.
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7.
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Amendment of section 38 of Act of
1996.
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8.
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Amendment of section 39 of Act of
1996.
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9.
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Power to impose environmental
levy.
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10.
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Consequential amendment of Act of
1996 related to section 9.
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11.
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Power to impose landfill levy.
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12.
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Environment Fund.
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13.
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Relationship between Act of 1996
and Environmental Protection Agency Act, 1992, with regard to certain
activities.
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14.
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Provision with respect to certain
monetary amount specified in Litter Pollution Act, 1997.
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15.
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Short title, collective citations
and construction.
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Acts
Referred to
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City and
County Management (Amendment) Act, 1955
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1955, No. 12
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County
Management Acts, 1940 to 1994
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Environmental
Protection Agency Act, 1992
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1992,
No. 7
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Litter
Pollution Act, 1997
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1997, No. 12
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Planning and
Development Act, 2000
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2000, No. 30
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Waste
Management Act, 1996
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1996, No. 10
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Number 36 of 2001
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WASTE MANAGEMENT (AMENDMENT) ACT, 2001
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AN ACT TO AMEND AND EXTEND THE WASTE MANAGEMENT
ACT, 1996, AND, IN PARTICULAR, TO AMEND THAT ACT WITH REGARD TO THE
PROCEDURE FOR THE MAKING OF WASTE MANAGEMENT PLANS UNDER IT SO THAT ANY
OBSTACLES TO THE STATE BEING ABLE TO COMPLY FULLY WITH THE PROVISIONS OF
CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES BY REASON
OF ANY FAILURE OF LOCAL AUTHORITIES TO MAKE SUCH PLANS ARE REMOVED, TO AMEND
THE FIRST SCHEDULE TO THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992, TO
AMEND THE LITTER POLLUTION ACT, 1997, AND TO PROVIDE FOR RELATED MATTERS.
[17th July, 2001]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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Definition.
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1.—In
this Act “Act of 1996” means the Waste Management Act, 1996 .
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Community acts
given effect to by this Act.
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2.—The
purposes for which the provisions of this Act are enacted include the
purpose of giving effect to the following Community acts, namely—
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(a) Council Directive 75/442/EEC of 15
July 1975 on waste(1) ;
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(b) Council Directive 91/156/EEC of 18
March 1991 amending Directive 75/442/EEC on waste(2) ; and
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(c) Council Directive 1999/31/EC of 26
April 1999 on the landfill of waste(3) .
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Amendment of
section 5 of Act of 1996.
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3.—Section
5(1) of the Act of 1996 is amended by—
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(a) the insertion after the definition of
“emission into the atmosphere” of the following definition:
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“‘Environment Fund’ has the meaning assigned to it by section 74;”,
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(b) the insertion after the definition of
“European Waste Catalogue” of the following definition:
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“‘executive function’ means a function other than a reserved
function;”, and
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(c) the insertion after the definition of
“local authority” of the following definition:
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“‘manager’ means—
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(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
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(b) with respect to the council of a
county, the manager for the purposes of the County Management Acts, 1940 to
1994;”.
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Amendment of
section 22 of Act of 1996.
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4.—Section
22 of the Act of 1996 is amended by the substitution of the following
subsections for subsection (10):
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“(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.
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(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.
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(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—
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(i) by making its
assent to the plan subject to one or more conditions being satisfied, or
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(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
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(iii) in any other respect whatsoever,
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the manager shall, not later than the date prescribed for the
purposes of subsection (2), by order—
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(I) declare that he or she is of that opinion,
and
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(II) make the said plan,
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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.
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(d) Subject to paragraph (f), the
review, variation or replacement of a waste management plan shall be a
reserved function.
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(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.
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(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).
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(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.
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(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.
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(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—
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(i) publish notice of
the intention of the authority to grant the permission in one or more
newspapers circulating in that area,
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(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 .
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(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.
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(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.
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(d) Section 34(6) of the Planning and
Development Act, 2000 , shall not apply to applications for permission
referred to in paragraph (a).
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(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.
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(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—
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(a) a local authority that is a planning
authority, or
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(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,
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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.
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(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.
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(3) Following consideration of any submissions or
observations received in accordance with subsection (2), the manager may—
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(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
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(b) decide not to proceed with the
proposed development.”.
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Consequential
amendment of Act of 1996 related to section 4 .
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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)”.
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Amendment of
section 34 of Act of 1996.
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6.—Section
34 of the Act of 1996 is amended—
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(a) by the substitution for paragraph (a)
of subsection (1) of the following paragraphs:
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“(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—
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(i) the local
authority in whose functional area the waste is collected,
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(ii) such other local authority as stands
nominated for the purpose in accordance with paragraph (aa),
or
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(iii) such other body or bodies as may be
prescribed.
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(aa) Where two or more local
authorities—
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(i) have jointly
made, or propose jointly to make, a waste management plan under section
22(3), or
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(ii) are otherwise cooperating with one another
to achieve common objectives with respect to waste management in their
functional areas,
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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.”,
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(b) by the substitution for subsection
(13) of the following subsection:
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“(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.
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(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).
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(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):
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‘(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.’.”.
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Amendment of
section 38 of Act of 1996.
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7.—Section
38 of the Act of 1996 is amended by the substitution for subsection (5) of
the following subsection:
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“(5) Neither the provisions of this section nor
the repeal of any enactment mentioned in Part I of the Fifth Schedule shall
prejudice—
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(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
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(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),
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if—
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(i) in a case falling
solely within paragraph (a), the said facilities were in operation
upon the commencement of this section, and
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(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.”.
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Amendment of
section 39 of Act of 1996.
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8.—Section
39 of the Act of 1996 is amended in subsection (6)—
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(a) by the substitution in paragraph (c)
for “of the waste.”, where those words secondly occur, of “of the waste,”,
and
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(b) by the insertion of the following
paragraph after paragraph (c):
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“(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.”.
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Power to impose
environmental levy.
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9.—The
following section is inserted after section 71 of the Act of 1996:
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“72.—(1) In this section—
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‘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;
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‘plastic bag’ means a bag—
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(a) made wholly or in part of plastic,
and
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(b) which is suitable for use by a
customer at the point of sale in a supermarket, service station or other
sales outlet,
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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.
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(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.
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(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.
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(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.
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(5) Regulations under subsection (2) shall
provide for the following matters—
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(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’),
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(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).
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(6) Regulations under subsection (2) may provide
for all or any of the following matters—
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(a) specifying the times at which payment
of the levy shall be made and the form of such payment,
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(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,
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(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,
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(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,
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(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),
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(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),
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(g) providing for exemptions in specified
circumstances from the liability to pay the levy,
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(h) enabling the payment of the levy by
specified persons to be deferred in specified circumstances,
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(i) requiring
specified records and accounts to be kept by collection authorities in
respect of levy paid or payable to them,
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(j) enabling the refund of payments of
levy to be made to specified persons in specified circumstances,
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(k) enabling a collection authority to
enter into arrangements with one or more specified persons whereby that
person or those persons, by means of a scheme carried out by the person or
persons for the discharge of the liabilities of others participating in the
scheme in respect of levy, collect amounts due in respect of levy and remit
them to the collection authority in consideration of the payment of
specified sums by the authority to that person or persons,
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(l) providing for the payment into the
Environment Fund by collection authorities of amounts received by them on
account of levy (subject to the deduction from such amounts of any amounts
specified as being capable of being deducted therefrom
for the purpose of defraying expenses incurred by collection authorities in
collecting or recovering the levy),
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(m) any matters consequential on, or
incidental to, the foregoing.
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(7) The Minister may make an order once, and once
only, in each financial year, beginning with the financial year following
the financial year in which the Waste Management (Amendment) Act, 2001,
is passed, amending subsection (3) by substituting for the amount standing
specified in that subsection for the time being an amount equal to the
amount obtained by multiplying 19 cents by the figure specified in
subsection (8) and, if the amount so obtained is not a whole number of cents
and the Minister considers it appropriate to do so and specifies in the
order that the amount has been so rounded, rounding (up or down as he or she
thinks fit) the amount to the nearest whole number of cents.
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(8) The figure mentioned in subsection (7) is the
quotient, rounded up to 3 decimal places, obtained by dividing the consumer
price index number relevant to the financial year in which the order
concerned is made by the consumer price index number relevant to the
financial year 2001.
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(9) A person who fails to—
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(a) pay levy which is due and payable by
virtue of regulations under subsection (2), or
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(b) comply with a provision of
regulations under that subsection, or
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(c) comply with any term or condition of
a scheme referred to in subsection (6)(k) carried out by him or her
or in which he or she has assented to participate (and which assent has not,
by notice in writing given to the person carrying out the scheme before the
failure occurs, been withdrawn),
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shall be guilty of an offence.
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(10) In proceedings for the recovery of levy or
for an offence under subsection (9)(a), it shall be presumed, until
the contrary is proved, that the bag or bags in respect of which the levy
concerned is alleged not to have been paid was or were a plastic bag or bags
within the meaning of this section.
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(11) In proceedings for the recovery of levy or
for an offence under subsection (9)(a), it shall be presumed, until
the contrary is proved, that the number of plastic bags supplied to
customers in or at the premises concerned in the circumstances mentioned in
subsection (2) in a particular period was equal to the number of plastic
bags acquired for the purposes of such supply in that period by the person
who carried on, during that period, the business of selling goods or
products in or at those premises or, if two or more persons each carried on,
during that period, such a business in or at those premises, whichever of
them caused to be made the particular supply of plastic bags concerned.
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(12) (a) The Minister may make a
provisional order extending the application of this section to such other
types of article as he or she considers appropriate by—
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(i) substituting for
references to plastic bags in this section references to articles specified
in the order (and the articles so specified shall include plastic bags), and
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(ii) making such consequential amendments of
this section (other than this subsection and subsection (13)) as he or she
considers necessary or appropriate, and such amendments may include a
provision—
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(I) specifying that subsection (3) shall, in
relation to a particular article or articles referred to in the order, apply
as if, for the amount standing specified in that subsection for the time
being, there were substituted an amount specified in the order (in clause
(II) of this subparagraph referred to as the ‘altered amount’), and
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(II) in consequence of that specification,
specifying that—
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(A) subsection (7) shall, in relation to the
said article or articles, apply as if, for the reference in that subsection
to 19 cents, there were substituted a reference to the altered amount, and
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(B) subsection (8) shall, in relation to the
said article or articles, apply as if, for the reference in that subsection
to the consumer price index number relevant to the financial year 2001,
there were substituted a reference to the consumer price index number
relevant to a financial year specified in the order.
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(b) The Minister may make a provisional
order amending or revoking a provisional order under this subsection
(including a provisional order under this paragraph).
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(13) A provisional order under subsection (12)
shall not have effect unless or until it is confirmed by an Act of the Oireachtas.”.
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Consequential
amendment of Act of 1996 related to section 9 .
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10.—Section 7 of the Act of 1996 is amended—
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(a) in subsection (3) by the substitution
for “section 1(2), 8 or 69(1)” of “section 1(2), 8, 69(1) or 72(12)”, and
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(b) in subsection (5), by the
substitution for “(including an order under this paragraph)” of “(other than
an order under section 72(12) but including an order under this paragraph)”.
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Power to impose
landfill levy.
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11.—The following section is inserted after section
72 (inserted by this Act) of the Act of 1996:
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“73.—(1) The Minister may, after consultation
with any Minister of the Government concerned, make regulations providing
that there shall be chargeable, leviable and
payable a levy (which shall be known as a ‘landfill levy’ and is in this
section referred to as the ‘levy’) in respect of—
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(a) the carrying on of a specified class
or classes of waste disposal activity (being an activity referred to in
paragraph 1 or 5 of the Third Schedule), or
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(b) the disposal by means of a waste
disposal activity referred to in paragraph 1 or 5 of the Third Schedule, or
a specified class or classes of such activity, of a specified class or
classes of waste, or
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(c) subject to subsection (2), both the
carrying on of an activity referred to in paragraph (a) and an
activity referred to in paragraph (b).
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(2) Regulations under subsection (1)(c)
shall not result in levy being payable twice in respect of a particular
disposal of a particular quantity of waste.
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(3) The amount of the levy shall be specified in
the regulations under subsection (1) but shall not exceed an amount of £15,
or, in the case of levy payable on or after 1 January 2002, €19, for each
tonne of waste disposed of.
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(4) Subject to subsection (3), regulations under
subsection (1) may specify, as respects the amount of the levy payable under
them, different such amounts by reference to different activities referred
to in any of paragraphs (a), (b) and (c) of subsection
(1) in respect of which the levy is so payable.
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(5) The levy shall be payable by the person who
carries on the waste disposal activity concerned.
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(6) Regulations under subsection (1) shall—
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(a) provide that the levy (not being levy
chargeable by virtue of those regulations on the local authority) shall be
payable to the local authority in whose functional area the waste disposal
activity concerned is carried on, and
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(b) confer on that local authority powers
with respect to the collection and recovery of the levy (and, for this
purpose, the regulations may adapt, with or without modifications, the
provisions of any enactment relating to the estimation, collection and recovery
of, or the inspection of records or the furnishing of information in
relation to, any tax charged or imposed by that enactment).
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(7) (a) Regulations under subsection (1)
may, for the purpose mentioned in paragraph (b), restrict the extent
to which a local authority may exercise a power to make a charge for the
provision by it of any service in circumstances where, in the opinion of the
Minister, such exercise is so as to enable the local authority to recoup
amounts paid by it by way of levy.
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(b) The purpose mentioned in paragraph (a)
is ensuring that the exercise of the power referred to in that paragraph
does not result in one or more categories of person paying a
disproportionate amount of the total amount of charges a local authority could
reasonably be expected to make in respect of the provision of services in
the circumstances concerned.
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(c) For so long as regulations under
subsection (1) restrict the exercise of the power referred to in paragraph (a),
the enactment that confers that power shall be construed as if there were
contained in it a provision the effect of which is to restrict the exercise
of the power in the manner provided by the said regulations.
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(8) Regulations under subsection (1) may provide,
in relation to levy under this section, for all the matters which
regulations under section 72 may, by virtue of paragraphs (a), (c),
(d) and (g) to (l) of subsection (6) of that section,
provide in relation to levy under that section and those paragraphs shall,
accordingly, apply for the purposes of this section with any necessary
modifications (including such modifications as will enable like provision
with respect to the payment into the Environment Fund of amounts received by
a local authority on account of levy under this section to be made with
respect to levy under this section chargeable on the local authority
itself).
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(9) The Minister may make an order once, and once
only, in each financial year, beginning with the financial year following
the financial year in which the Waste Management (Amendment) Act, 2001,
is passed, amending subsection (3) by substituting for the amount standing
specified in that subsection for the time being a greater amount, not being
an amount that is greater than that amount by €5.
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(10) A person who fails to—
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(a) pay levy which is due and payable by
virtue of regulations under subsection (1), or
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(b) comply with a provision of
regulations under that subsection,
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shall be guilty of an offence.”.
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Environment
Fund.
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12.—The following section is inserted after section
73 (inserted by this Act) of the Act of 1996:
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“74.—(1) There shall stand established, on the
passing of the Waste Management (Amendment) Act, 2001, a fund which
shall be known, and is in this Act referred to, as the ‘Environment Fund’.
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(2) Subject to subsection (3), the Minister shall
manage and control the Environment Fund.
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(3) The Minister may by regulations delegate the
management and control of all or part of the Environment Fund and any other
functions under this section related to such management and control to a
specified person and functions so delegated shall, accordingly, be
performable by that person.
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(4) The Environment Fund shall consist of such
accounts as the Minister may determine.
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(5) The said accounts shall be in such form and
be prepared in such manner as the Minister may determine.
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(6) As soon as may be after the end of each
financial year, the Minister shall submit the accounts of the Environment
Fund to the Comptroller and Auditor General for audit and the Minister shall
cause a copy of an abstract of the accounts as so audited together with a
copy of the report of the Comptroller and Auditor General thereon to be laid
before each House of the Oireachtas.
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(7) Subject to, and in accordance with,
regulations under section 72 or 73, there shall be paid into the Environment
Fund the amounts specified in those regulations of levy collected thereunder.
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(8) The Minister may, out of moneys provided by
the Oireachtas, pay into the Environment Fund in
any financial year, such an amount as he or she determines, with the consent
of the Minister for Finance, in relation to that year.
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(9) Without prejudice to subsection (12), the
Minister may from time to time pay out of the Environment Fund such amounts
of moneys as he or she considers appropriate for any or all of the following
purposes, namely—
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(a) to assist, support or promote any
programmes or schemes established for the prevention or reduction of waste
in the State or the establishment of such programmes or schemes,
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(b) to assist the establishment,
equipping and, where appropriate, the operation of waste re-use and
recycling activities generally, or recovery activities in respect of any
specified class of waste,
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(c) to assist, support or promote
research and development with respect to any aspect of waste management,
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(d) to assist, support or promote the
production, distribution or sale of products of a particular class, being
products which possess characteristics (whether characteristics of an
inherent nature or related to the process by which they are manufactured)
likely to render them less harmful to the environment than other products
falling within the same class,
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(e) to assist, support or promote the
development of initiatives by producers to prevent or reduce waste arising
from activities carried on by them,
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(f) to assist generally the
implementation of waste management plans (within the meaning of Part II) and
the hazardous waste management plan,
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(g) to facilitate or assist the
enforcement of the provisions of any enactment (including this Act) relating
to waste management or the prevention of litter or otherwise relating to the
protection of the environment,
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(h) to facilitate or assist projects,
commonly known as partnership projects, that involve local authorities and
the purpose of which is to improve the quality of the environment in so far
as it affects a particular local community or communities,
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(i) to promote
awareness of the need generally to protect the environment and, in
particular, to assist, support or promote national and regional campaigns
the objectives of which are to foster such awareness,
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(j) to promote or support education and
training that would facilitate the achievement of the objectives of
campaigns as aforesaid,
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(k) to assist the provision of the
necessary resources (whether human or material) to enable such education and
training to be carried out or facilitate the improvement of any such
resources that exist for the time being,
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(l) to assist, support or promote
initiatives undertaken by community groups, environmental groups or other
like persons with respect to the protection of any aspect of the
environment, and
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(m) such other purposes with respect to
the protection of the environment as may be prescribed.
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(10) Any payment of moneys out of the Environment
Fund under any of paragraphs (a) to (m) of subsection (9)
shall be made to the person or persons who carry on or, as the case may be,
carried on the activity the principal purpose of which is, in the opinion of
the Minister, the particular purpose in respect of which that payment is
made.
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(11) Without prejudice to the preceding
provisions of this section, no payment shall be made out of the Environment
Fund in respect of such activity as may be prescribed if the activity is
carried on otherwise than in accordance with such guidelines as may be
issued by the Minister for the purpose and the Minister shall cause copies
of such guidelines to be laid before each House of the Oireachtas
within 3 months after they have been issued.
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(12) (a) The Minister may from time to
time pay out of the Environment Fund such an amount of moneys as he or she
determines for the purposes of defraying, in whole or in part, the expenses
incurred, on or after the establishment of the Fund, by him or her, or by
any person to whom functions are delegated under subsection (3), in
connection with the administration of the Fund.
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(b) Any amount of moneys paid out of the
Environment Fund under paragraph (a) shall be paid into, or disposed
of for the benefit of, the Exchequer in such manner as the Minister, with
the consent of the Minister for Finance, may determine.
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(13) The Minister may establish a committee to
advise the Minister with respect to the performance by him or her of the
functions under subsection (9) or (11) and a committee so established may
advise the Minister accordingly.”.
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Relationship
between Act of 1996 and Environmental Protection Agency Act, 1992, with
regard to certain activities.
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13.—(1) The First Schedule to the Environmental
Protection Agency Act, 1992 , is amended by the substitution for paragraphs
11.1, 11.2, 11.3 and 11.4 of the following paragraph:
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“11.1 The recovery or disposal of waste in a
facility, within the meaning of the Waste Management Act, 1996 , which
facility is connected or associated with another activity specified in this
Schedule in respect of which a licence or revised licence under Part IV is
in force or in respect of which a licence under the said Part is or will be
required.”.
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(2) Section 39(7) of the
Act of 1996 is amended by the substitution for paragraph (a) of the
following paragraph:
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“(a) the recovery or disposal of waste at a facility referred
to in paragraph 11.1 of the First Schedule to the Act of 1992,”.
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(3) Where, immediately
before the passing of this Act, a licence or revised licence under Part IV
of the Environmental Protection Agency Act, 1992 (“the Act of 1992”) is in
force in respect of an activity, being an activity which, immediately before
that passing—
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(a) fell within paragraph 11.1, 11.2,
11.3 or 11.4 of the First Schedule to the Act of 1992, and
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(b) was not connected or associated with
another activity specified in any other paragraph of that Schedule,
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then, notwithstanding subsections (1) and
(2) of this section but subject to subsection (4) thereof—
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(i) that licence or
revised licence shall continue in force and the provisions of the Act of
1992 (apart from the amendment of them effected by the said subsection
(1)) shall continue to apply in relation to it, and
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(ii) section 39(1) of the Act of 1996 shall not
apply in relation to that activity,
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for such period as the Environmental
Protection Agency may determine and specifies in writing.
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(4) The period determined
under subsection (3) of this section shall not, other than with the
consent of the holder of the licence concerned, be less than 3 years from
the passing of this Act.
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Provision with
respect to certain monetary amount specified in Litter Pollution Act, 1997
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14.—(1) In this section—
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“Act of 1997” means the Litter Pollution Act,
1997 ;
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“relevant period” means—
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(a) the period of 3 years beginning on
the date of the first exercise of the power under subsection (4) of
this section, and
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(b) each period of 3 years after the
expiration of the period mentioned in paragraph (a) of this
definition.
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(2) The Litter Pollution
Regulations, 1999 ( S.I. No. 359 of 1999 ), are, by virtue of this
subsection, confirmed.
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(3) Section 28(1)(b)
of the Act of 1997 is amended, with effect from 1 January 2002, by the substitution
of “€125” for “£50”.
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(4) Subject to subsection
(6) of this section, the Minister may, after 1 January, 2002, having
regard to—
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(a) changes in the value of money
generally in the State since the passing of this Act or the last previous
exercise of the power under this subsection, and
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(b) the need to ensure the continued
effectiveness of the procedures contained in section 28 of the Act of 1997
with respect to the enforcement of the provisions of that Act,
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by order amend section 28(1)(b) of the
Act of 1997 by substituting for the amount standing specified in that
provision for the time being an amount that is greater than that amount.
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(5) The Minister may by
order amend or revoke an order under subsection (4) of this section.
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(6) The power under subsection
(4) or (5) of this section shall not be exercised in such a
manner as will result in the amount standing specified in section 28(1)(b)
of the Act of 1997 on any date in any relevant period being greater, by 25
per cent, than the amount that stood so specified on any other date in that
period.
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(7) Section 28(4) of the
Act of 1997 is repealed.
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Short title,
collective citations and construction.
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15.—(1) This Act may be cited as the Waste Management
(Amendment) Act, 2001 .
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(2) The Waste Management
Act, 1996 , and this Act (other than section 14 ) may be cited
together as the Waste Management Acts, 1996 and 2001, and shall be construed
together as one Act.
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(3) The Litter Pollution
Act, 1997 , and section 14 may be cited together as the Litter
Pollution Acts, 1997 and 2001, and shall be construed together as one Act.
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(1) O.J.
No. L 194/39, 25 July, 1975.
(2) O.J.
No. L 78/32, 26 March, 1991.
(3) O.J.
No. L 182/1, 16 July, 1999.
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