The European Communities (Waste) Regulations, 1979

• Jurisdiction: Ireland
• Year: 1979
• Citation: IR SI 390/1979

S.I. No. 390 of 1979.

THE EUROPEAN COMMUNITIES (WASTE) REGULATIONS, 1979.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive of 15th July, 1975 No. 75/442/EEC*, hereby makes the following Regulations:

*O.J. No. L 194/39, 25 July, 1975. 1. (1) These Regulations may be cited as the European Communities (Waste) Regulations, 1979.

(2) These Regulations shall come into operation on the 1st day of April, 1980. 2. (1) In these Regulations—

"authorised person" means a person appointed by a local authority or by the Minister for the Environment to be an authorised person for the purposes of these Regulations;

"the Council Directive" means Council Directive of 15th July, 1975 No, 75/442/EEC;

"local authority" means—

( a ) in the case of the administrative county of Dublin, excluding the borough of Dún Laoghaire, the council of the county of Dublin,

( b ) in the case of the borough of Dún Laoghaire, the corporation of the borough,

( c ) in the case of a county borough, the corporation of the county borough, and

( d ) in the case of any other administrative county, the council of the county;

"Minister" means the Minister for the Environment;

"public waste collector" means a local authority or other sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964;

"waste operation" means any operation comprised in the disposal of waste.

(2) a word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive. 3. (1) A holder of waste—

( a ) if he does not himself dispose of the waste, shall not permit disposal of the waste by any person other than a public waste collector or a person holding an appropriate permit under article 5 of these Regulations, or

( b ) if he himself disposes of the waste, shall not do so in a manner which would endanger human health or harm the environment or, in particular, which would—

(i) create risk to water, air, soil, plants or animals,

(ii) cause a nuisance through noise or odours, or

(iii) adversely affect the countryside or places of special interest.

(2) A person who contravenes sub-article (1) of this article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £600 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. 4. (1) Each local authority shall be responsible for the planning, organisation, authorisation and supervision of waste operations in their area.

(2) Each local authority shall as soon as may be...