European Communities (Waste Directive) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 126/2011
• Year: 2011

TABLE OF CONTENTS

PART 1

PRELIMINARY PROVISIONS

1. Citation

2. Interpretation — general

PART 2

AMENDMENTS TO ACT OF 1996

3. Amendment of section 2 of Act of 1996

4. Substitution of sections 3 and 4 of Act of 1996

5. Amendment of section 5 of Act of 1996

6. Amendment of section 15 of Act of 1996

7. Insertion of section 21A into Act of 1996

8. Amendment of section 22 of Act of 1996

9. Amendment of section 23 of Act of 1996.

10. Amendment of section 24 of Act of 1996.

11. Amendment of section 25 of Act of 1996.

12. Amendment of section 26 of Act of 1996

13. Insertion of section 27A into Act of 1996

14. Amendment of section 29 of Act of 1996

15. Insertion of section 31A into Act of 1996

16. Amendment of section 32 of Act of 1996

17. Insertion of new section 37A into Act of 1996

18. Amendment of section 38 of Act of 1996

19. Amendment of section 39 of Act of 1996.

20. Amendment of section 40 of Act of 1996

21. Amendment of section 41 of Act of 1996

22. Amendment of section 42B of Act of 1996

23. Amendment of section 51 of Act of 1996

24. Substitution of First to Fourth Schedules

PART 3

REGULATIONS TO GIVE EFFECT TO WASTE DIRECTIVE

25. Interpretation — Part 3

26. Non-application of Part 3

27. By-products

28. End-of-waste status

29. List of waste

30. Extended producer responsibility

31. Re-use and recycling

32. Protection of human health and environment

33. Control of hazardous waste

34. Ban on the mixing of hazardous waste

35. Labelling of hazardous waste

36. Hazardous waste produced by households

37. Waste oils

38. Bio-waste

39. Registration

40. Minimum standards

41. Public participation

42. Cooperation

43. Information to be submitted to the Commission

44. Inspections

45. Record keeping

46. Powers of authorised person

47. Monitoring

48. Service of notices

49. Information

50. Enforcement and penalties

51. Offences by bodies corporate

52. Reporting

53. Interpretation and adaptation to technical progress

PART 4

CONSEQUENTIAL AMENDMENTS

54. Amendment of Waste Management (Planning) Regulations 1997

55. Amendment of Waste Management (Hazardous Waste) Regulations 1998

56. Amendment of Waste Management (Miscellaneous Provisions) Regulations 1998

57. Amendment of Waste Management (Licensing) Regulations 2004

58. Amendment of Waste Management (Collection Permit) Regulations 2007

59. Amendment of Waste Management (Facility Permit and Registration) Regulations 2007

60. Amendment of section 3A of Environmental Protection Agency Act 1992

S.I. No. 126 of 2011

EUROPEAN COMMUNITIES (WASTE DIRECTIVE) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th April, 2011.

I, PHIL HOGAN, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 20081 on waste and repealing certain Directives, hereby make the following regulations:

PART 1

PRELIMINARY PROVISIONS

Citation

1. These Regulations may be cited as the European Communities (Waste Directive) Regulations 2011.

Interpretation — general

2. (1) In these Regulations—

“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);

“Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.

PART 2

AMENDMENTS TO ACT OF 1996

Amendment of section 2 of Act of 1996

3. Section 2 of the Act of 1996 is amended, in the Table to that section—

(a) by deleting “Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils”,

(b) by deleting “Council Directive 75/442/EEC of 15 July, 1975 on waste”,

(c) by deleting “Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste”,

(d) by deleting “Council Directive 87/101/EEC of 22 December, 1986 amending Directive 75/439/EEC on the disposal of waste oils”,

(e) by deleting “Council Directive 91/156/EEC of 18 March, 1991 amending Directive 75/442/EEC on waste”,

(f) by deleting “Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control”, and

(g) by substituting the following for “Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste”:

“Directive 2006/21/EC of the European Parliament and of the Council of 15 March 20062 on the management of waste from extractive industries

Directive 2008/1/EC of the European Parliament and of the Council of 15 January 20083 concerning integrated pollution prevention and control

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives”.

Substitution of sections 3 and 4 of Act of 1996

4. The Act of 1996 is amended by substituting the following sections for sections 3 and 4:

“Non-application of this Act.

3. (1) This Act shall not apply to—

(a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 20094 on the geological storage of carbon dioxide or excluded from the scope of that Directive pursuant to Article 2(2) of that Directive,

(b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land,

(c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated,

(d) the dumping (within the meaning of the Dumping at Sea Act 1981 (No. 8 of 1981)) of waste at sea,

(e) radioactive waste,

(f) decommissioned explosives, or

(g) faecal matter, if not covered by subsection (2)(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.

(2) This Act shall not apply to the following to the extent that they are covered by other Community acts:

(a) waste waters;

(b) animal by-products, including processed products covered by Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 20095 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);

(c) carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No. 1069/2009;

(d) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC.

(3) Without prejudice to obligations under other relevant Community acts, this Act shall not apply to sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation if it is proved that the sediments are non-hazardous.

Definitions of ‘activity’, ‘disposal’, ‘hazardous waste’, ‘recovery’ and ‘waste’.

4. (1) In this Act—

‘activity’ includes operation;

‘disposal’—

(a) means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy, and

(b) without prejudice to the generality of paragraph (a), includes the disposal operations listed in the Third Schedule,

and ‘waste disposal activity’ shall be construed accordingly;

‘hazardous waste’ means waste which displays one or more of the hazardous properties listed in the Second Schedule;

‘recovery’—

(a) means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy, and

(b) without prejudice to the generality of paragraph (a), includes the recovery operations listed in the Fourth Schedule,

and ‘waste recovery activity’ shall be construed accordingly;

‘waste’ means any substance or object which the holder discards or intends or is required to discard.

(2) A reference in this Act to waste shall be construed as including a reference to hazardous waste.”.

Amendment of section 5 of Act of 1996

5. Section 5 of the Act of 1996 is amended—

(a) in subsection (1)—

(i) by substituting the following definitions for the definitions of “broker” and “collection”:

“ ‘best available techniques’ means best available techniques as defined in Article 2(12) of Directive 2008/1/EC;

‘bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants;

‘broker’ means any person arranging the recovery or disposal of waste on behalf of others, including any such person that does not take physical possession of the waste;

‘collection’ means the gathering of waste, including the preliminary sorting and storage of waste for the purposes of transport to a waste treatment facility;”,

(ii) by substituting the following definition for the definition of “dealer”:

“ ‘dealer’ means any person who acts in the role of principal to purchase and subsequently sell waste...