Waste Management (Collection Permit) (Amendment) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 24/2016
• Year: 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd January, 2016.

I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 , 15 , 18 , 19 , 32 , 34 , 34B, 36 and 50 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment) Regulations 2016.

Amendment to the Waste Management (Collection Permit) Regulations 2007

2. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are hereby amended by—

(a) In article 4(2) by—

(i) substituting—

(I) the following for the definition of “fit and proper person”:

“ “fit and proper person” means a fit and proper person in accordance with section 34D of the Act;”,

(II) the following for the definition of “region”

“ “region” means the local authority areas specified in Column (1) of the third schedule which have jointly made a waste management plan as respects their functional areas in accordance with section 22(3) of the Act;”,

(ii) inserting-

(I) the following before the definition of “the Act”:

“ “Act of 1992” means the Environmental Protection Agency Act 1992 (Number 7 of 1992);”,

(II) the following after the definition of “biological treatment”:

“ “bio-waste” is as defined in the Act;”,

(III) the following after the definition of “registration holder”:

“ “Regulation 1069” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/20021 ”,

(IV) the following after the definition of “Fluorinated Greenhouse Gas container”:

“ “food waste” includes any food substance used, available to be used, or intended to be used, for food by human persons and discarded as household waste;”,

(V) the following definition after the definition of “IPPC Licence”:

“ “List of Waste” means the List of Waste (LoW) as set out in Commission Decision of 18 December 2014, amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European parliament and of the Council (2014/955/EEC);”,

(VI) the following after the definition of “nominated authority”:

“ “off-shore island” means an island which is not accessible by road from the mainland;”,

(VII) the following after the definition of “party to an application”:

“ “person who presents the household waste for collection” means either the original waste producer whose activities produce household kerbside waste or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste;”,

(VIII) the following after the definition of “producer responsibility scheme”:

“ “recyclable household kerbside waste” means the fraction of household kerbside waste comprising recyclable household waste including the materials set out in the seventh schedule;

(IX) the following after the definition of “relevant local authority “:

“ “residual household kerbside waste” means the fraction of household kerbside waste remaining after the source separation of the household kerbside waste fractions of recyclable household waste including the materials set out in the seventh schedule, food waste and, as the case may be, bio-waste;”,

(iii) deleting the definition of “Regulation (EC) No. 1774/2002”,

(b) By the substitution of the following sub-article for article 5(3):

“(3) Insofar as possible, local authorities shall co-operate to ensure an efficient administration of the waste collection permit system to reduce the administrative burden for applicants.”,

(c) By the deletion of articles 5(4) and 5(5),

(d) By the substitution of the following sub-article for article 6(1):

“(1) An applicant shall, within the period of 10 working days before the making of an application, publish notice of the intention to make the application—

(a) in either a national newspaper, or in newspapers circulating in each of the local authority areas from which waste will be collected, or

(b) on the website of the nominated authority with the agreement of and in such format as may be specified by the nominated authority.”,

(e) By the substitution of the following paragraphs for articles 7(1)(h), 7(1)(i), 7(1)(j) and 7(1)(k):

“(h) details of any facility that is intended to be used by the applicant in connection with the activity to which the application relates,

(i) in the case of household kerbside waste collection, a copy of the customer charter in the form set out in the sixth schedule, or a form substantially to the like effect, information on how the applicant will meet the requirements of conditions to be attached to a permit to collect household kerbside waste under article 20, including the frequency of collection for residual household kerbside waste, food waste and, as the case may be, bio-waste and recyclable household kerbside waste, the method of charging for the collection of waste, confirmation that the fee per kilogramme to be charged to collect residual household kerbside waste, food waste and, as the case may be, bio-waste, and recyclable household kerbside waste is not less than the fees prescribed in the eighth schedule, details on the provision of segregated collection for dry recyclables and for food waste and, as the case may be, bio-waste, details of how the collector will, if and when requested to do so by an authorised person in accordance with section 34C of the Act, provide details of the collection service as set out in section 34(7)(b)(ix) of the Act,

(j) information in relation to any offence, prescribed under article 21, of which the applicant has been convicted within the period of 10 years prior to the making of the application, including information in relation to the court hearing the case, the nature of the offence and any penalty or requirement imposed by the court, or the terms of any requirement imposed on the applicant by order of a court under the Act of 1992,

(k) information, in order to establish that the person is a fit and proper person in accordance with section 34D of the Act, in relation to—

(i) any conviction as set out in sections 34D(1)(a)(i) or 34D(1)(a)(ii) of the Act,

(ii) the requisite technical knowledge or qualifications to carry out the activity,

(iii) the ability of the person to be in a position to meet any financial commitments to which the waste collection permit relates,

(iv) any waste collection permit revocation, other than where the permit was surrendered, or

(v) the terms of any requirement imposed on the applicant by order of a court under the Act,”,

(f) In article 7(1)(f) by the—

(i) substitution of “List of Waste” for “ Catalogue Code(s) and description(s) pursuant to Commission Decision 2001/118 of 16 January 2001”,

(ii) insertion of “and information on how the applicant will meet the requirements of conditions to be attached to a permit,” after the words “from time to time,”,

(g) In article 7(1)(m) by the substitution of “how the applicant will collect waste food” for “how the applicant will collect food waste”,

(h) By the substitution of the following paragraphs for articles 7(3)(a), 7(3)(b) and 7(3)(c):

“(a) where a notice was not published in accordance with article 6(1)(b), a copy of the page of the newspaper, or newspapers, in which the notice was published in accordance with article 6(1)(a),

(b) a statutory declaration, as set out in the second schedule, signed by—

(i) the applicant,

(ii) where the applicant is a partnership, each partner, or

(iii) where the applicant is a body corporate, each director,

(c) a copy of a current Tax Clearance Certificate issued to the applicant by the Revenue Commissioners, established under S.I. No. 2/1923, Revenue Commissioners Order, 1923,”,

(i) By the insertion of the following article after article 7:

“Contents of an application for the transfer of a waste collection permit

7A(1) An application for the transfer of a waste collection permit made in accordance with section 34B of the Act shall include-

(a) such submissions, plans, documents or other information to the nominated authority within the application as are necessary to support the application for the proposed transfer of the waste collection permit, and

(b) payment of the appropriate fee for an application for the transfer of a waste collection permit in accordance with article 8.”,

(j) By the substitution of the following article for article 8:

“Fees payable

8. (1) The applicant shall pay a fee to the nominated authority in respect of an application for a waste collection permit the amount indicated in column (2) of the third schedule subject to a maximum fee of €5,000.

(2) In the case of an application for a review of a waste collection permit, the fee payable shall not exceed the costs reasonably incurred by a nominated authority or other relevant local authority in deciding on the application for the review of a waste collection permit and shall not exceed the fee indicated in sub-article (1). The nominated authority shall publish an indicative schedule of fees for the review of a permit on its website.

(3) In the case of an application for the transfer of a waste collection permit under section 34B, the fee payable shall not exceed the costs reasonably incurred by a nominated authority or other relevant local authority in deciding on the application for the transfer of the waste collection permit, and shall not exceed the fee indicated in sub-article (1). The nominated authority shall publish an indicative schedule of fees for the transfer of a permit on its website.

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