Waste management act, 1996

• Enactment Date: 20 May 1996
• Act Number: 10

Number 10 of 1996
WASTE MANAGEMENT ACT, 1996
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title and commencement. 2. Community acts given effect to by this Act. 3. Non-application of this Act. 4. Definitions of “waste”, “hazardous waste”, “disposal”, “recovery”. 5. Interpretation generally. 6. Repeals and revocations. 7. Regulations, orders and directions. 8. Orders in relation to Third Schedule or Fourth Schedule. 9. Offences by bodies corporate. 10. Penalties. 11. Prosecution of offences. 12. Cost of prosecutions. 13. Payment of certain fines to local authority, Agency or other persons. 14. Powers of authorised person. 15. Monitoring and inspection. 16. Service of notices. 17. Time for the doing of certain things: Saturdays, Sundays, public holidays, etc. 18. Information. 19. Register to be maintained by each local authority and the Agency. 20. Expenses. 21. Transfer of functions from local authorities to Agency, etc.
PART II
Waste Management Planning
22. Waste management plans. 23. Publication of notices in relation to waste management plans and procedure on review of such plans. 24. Power of Minister in relation to waste management plans. 25. Duty of local authority on making, varying or replacing a waste management plan. 26. Hazardous waste management plan.
PART III
Measures to Reduce Production, and Promote Recovery, of Waste
27. Interpretation (Part III). 28. Waste prevention and minimisation. 29. Measures related to recovery of waste. 30. Public authority waste management. 31. Recovery of waste by local authorities.
PART IV
Holding, Collection and Movement of Waste
32. General duty of a holder of waste. 33. Collection of waste. 34. Waste collection permits. 35. Presentation of waste for collection. 36. Regulations in relation to movement of waste.
PART V
Recovery And Disposal Of Waste
37. Interpretation (Part V). 38. Waste management facilities. 39. Requirement to hold waste licence. 40. Grant of waste licences. 41. Conditions attached to a waste licence. 42. Application for a waste licence or review of a waste licence. 43. Section 42: supplementary provisions. 44. Conduct of oral hearing and written report thereon. 45. Regulations regarding waste licences. 46. Review of waste licences. 47. Transfer of waste licences. 48. Surrender of waste licences. 49. Limit on duration of waste licences. 50. Fees. 51. Recovery of sludges and agricultural waste. 52. Discharges to sewers. 53. Financial provisions regarding waste recovery and disposal. 54. Application of the Act of 1963 and related regulations.
PART VI
General Provisions Regarding Environmental Protection
55. Power of local authority to require measures to be taken in relation to the holding, recovery or disposal of waste. 56. Powers of local authority to take measures to prevent or limit environmental pollution caused by waste. 57. Powers of High Court in relation to the holding, recovery or disposal of waste. 58. Remedies for unauthorised holding, recovery or disposal of waste. 59. Functions of local authorities in regard to waste.
PART VII
Miscellaneous
60. Policy directions by Minister in relation to waste licensing, the movement of waste and other matters. 61. Detention and forfeiture of certain vehicles and equipment. 62. Power to give effect to Community acts. 63. Agreements between Agency and other public authorities. 64. Mass balances of specified substances. 65. Amendment of Act of 1992 and Act of 1987. 66. Amendment of Local Government (Water Pollution) Act, 1977. 67. Immunity of the Agency and local authorities. 68. Adaptation of certain references and transitional provisions. 69. Transfer of functions in relation to waste licences. 70. Exclusion of certain enactments relating to public health. 71. Abandoned vehicles.
FIRST SCHEDULE
Categories of Waste
SECOND SCHEDULE
Hazardous Waste
Part I
Categories or Generic Types of Hazardous Waste
Part II
Constituents of Category II Waste which render it hazardous when it has the properties specified in Part III
Part III
Properties of Waste which render it hazardous
THIRD SCHEDULE
Waste Disposal Activities
FOURTH SCHEDULE
Waste Recovery Activities
FIFTH SCHEDULE
Repeals and Revocations
Part I
Enactments Repealed
Part II
Statutory Instruments Revoked
Number 10 of 1996
WASTE MANAGEMENT ACT, 1996
AN ACT TO MAKE PROVISION IN RELATION TO THE PREVENTION, MANAGEMENT AND CONTROL OF WASTE; TO GIVE EFFECT TO PROVISIONS OF CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE EUROPEAN COMMUNITIES IN RESPECT OF THOSE MATTERS; TO AMEND THE ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 , AND TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [20th May, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title and commencement.	1.—(1) This Act may be cited as the Waste Management Act, 1996.
	(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions:
	Provided that if immediately before the expiration of the period of 2 years from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this Act or the said provision or provisions shall come into operation (or, in the case of such provision or provisions that remains or remain to be commenced for a particular purpose, shall come into operation for that purpose) upon the expiration of the said period.
	Community acts given effect to by this Act.	2.—The purposes for which the provisions of this Act are enacted include the purpose of giving effect to the Community acts specified in the Table to this section.
	TABLE
	Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils1
	Council Directive 75/442/EEC of 15 July, 1975 on waste2
	Council Directive 76/403/EEC of 6 April, 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls3
	Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances4
	Council Directive 85/337/EEC of 27 June, 1985 on the assessment of the effects of certain public and private projects on the environment5
	Council Directive 86/278/EEC of 12 June, 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture6
	Council Directive 87/101/EEC of 22 December, 1986 amending Directive 75/439/EEC on the disposal of waste oils7
	Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos8
	Council Directive 89/369/EEC of 8 June, 1989 on the prevention of air pollution from new municipal waste incineration plants9
	Council Directive 91/156/EEC of 18 March, 1991 amending Directive 75/442/EEC on waste10
	Council Directive 91/157/EEC of 18 March, 1991 on batteries and accumulators containing dangerous substances11
	Council Directive 91/271/EEC of 21 May, 1991 concerning urban waste water treatment12
	Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste13
	Commission Directive 93/86/EEC of 4 October, 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances14
	Council Regulation (EEC) No. 259/93 of 1 February, 1993 on the supervision and control of shipments of waste within, into and out of the European Community15
	European Parliament and Council Directive 94/62/EC of 20 December, 1994 on packaging and packaging waste16
	Non-application of this Act.	3.—(1) This Act shall not apply to—
	(a) an emission into the atmosphere, other than an emission from a facility for the holding, recovery or disposal of waste;
	(b) sewage and sewage effluent (other than sludge from a facility for the treatment of sewage);
	(c) the treatment of effluent or the discharge thereof to waters, other than the treatment of effluent at, or its discharge from, a facility for the holding, recovery or disposal of waste;
	(d) the dumping of waste at sea; or
	(e) a radioactive substance within the meaning of the Radiological Protection Act, 1991 (including a radioactive waste product).
	(2) “Dumping” in paragraph (d) of subsection (1) has the meaning assigned to it by the Dumping at Sea Act, 1981 .
	Definitions of “waste”, “hazardous waste”, “disposal”, “recovery”.	4.—(1) (a) In this Act, “waste” means any substance or object belonging to a category of waste specified in the First Schedule or for the time being included in the European Waste Catalogue which the holder discards or intends or is required to discard, and anything which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste until the...