Waste Management (Licensing) Regulations, 1997

Date27 March 1997
Statutory Instrument No.133/1997

S.I. No. 133 of 1997.

WASTE MANAGEMENT (LICENSING) REGULATIONS, 1997

INDEX

PART I

PRELIMINARY AND GENERAL

1. Citation.

2. Purpose of Regulations.

3. Interpretation generally.

4. Commencement of licensing of activities.

PART II

NOTICES REGARDING APPLICATIONS FOR OR REVIEWS OF WASTE LICENCES

5. Notice of intention to apply to the Agency for a waste licence or the review of a waste licence.

6. Notices in newspapers.

7. Site notices.

8. Further notice.

9. Notice to the relevant planning authority.

10. Notice by the Agency of intention to review a waste licence.

PART III

APPLICATION FOR A WASTE LICENCE OR THE REVIEW OF A WASTE LICENCE

11. Making of an application to the Agency.

12. Contents of an application for a waste licence or the review of a waste licence.

13. Certain applications to be accompanied by an environmental impact statement or to comply with other requirements where exemption has been granted.

14. Procedure on receipt of an application.

PART IV

CONSIDERATION OF APPLICATIONS AND REVIEWS

15. Submissions to the Agency regarding applications.

16. Further information.

17. Impact on the environment in another Member State.

18. Notice to certain public authorities and bodies.

19. Availability and inspection of documents.

20. Investigations concerning discharges to groundwater.

21. Matters in an environmental impact statement to which the Agency shall have regard in certain cases.

22. Defrayal or contribution towards costs of investigations.

23. Withdrawal or abandonment of an application.

24. Notification of proposed determination of applications.

PART V

OBJECTIONS AND ORAL HEARINGS

25. Circulation of objections.

26. Power of Agency to request a further submission by an objector.

27. Power of Agency to request submission by an objector of documents, particulars or information.

28. Withdrawal or abandonment of an objection.

29. Notification of oral hearing.

30. Procedure at oral hearing.

31. Power to require attendance at oral hearings.

32. Adjournment or reopening of an oral hearing.

33. Replacement of person appointed to hold an oral hearing.

34. Matters which may be taken into account by the Agency.

35. Period for consideration of an objection.

36. Notice of Agency's decision on an application.

PART VI

CONDITIONS ATTACHED TO, AND REVIEW OF, A WASTE LICENCE

37. Conditions necessary to give effect to certain provisions of Community acts.

38. Conditions regarding gas control at a landfill facility.

39. Conditions regarding the recovery or disposal of waste oil.

40. Review of waste licence authorising discharges to groundwater.

PART VII

Licensing fees

41. Fee for application for a waste licence.

42. Fee for application for review or surrender of waste licence.

43. Fee for the making of objections. 44, Fee for application for transfer of a waste licence.

45. Fee for request for an oral hearing.

46. Discretionary power to refund or waive fee in certain circumstances.

PART VIII

Miscellaneous

47. Prescribed offences for the purpose of section 40 (7) of the Act.

48. Criteria for the determination by the Agency of a relevant person.

FIRST SCHEDULE

Prescribed dates FOR licensable activities

SECOND SCHEDULE

PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT TO IN WASTE LICENCES

THIRD SCHEDULE

Fees

S.I. No. 133 of 1997.

WASTE MANAGEMENT (LICENSING) REGULATIONS, 1997.

The Minister for the Environment, in exercise of the powers conferred on him by sections 7 , 18 , 39 , 40 , 41 , 42 , 44 , 45 and 50 of the Waste Management Act, 1996 (No. 10 of 1996) hereby makes the following Regulations:

PART I PRELIMINARY AND GENERAL

1 Citation

1. These Regulations may be cited as the Waste Management (Licensing) Regulations, 1997.

2 Purpose of Regulations

2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of:

( a ) Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December, 1986(1),

(1)O.J. No. L194/23, 25 July, 1975, and O.J. No. L42/43, 12 February, 1987.

( b ) Council Directive 75/442/EEC of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991(2),

(2)O.J. No. 1.194/39, 25 July, 1975, and O.J. No. L78/32, 26 March, 1991.

( c ) Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances(3),

(3)O.J. No. L20/43, 26 January, 1980.

( d ) Council Directive 85/337/EEC of 27 June, 1985 on the assessment of the effects of certain public and private projects on the environment(4),

(4)O.J. No. L175/40, 5 July, 1985.

( e ) Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos(1),

(1)O.J. No. L85/40, 28 March, 1987.

( f ) Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste(2), and

(2)O.J. No. L377/20, 31 December, 1991.

( g ) Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control(3).

(3)O.J. No. L257/26, 10 October, 1996.

3 Interpretation generally

3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations, save where the context otherwise requires—

"the Act" means the Waste Management Act, 1996 ;

"an application" means an application for a waste licence or for the review of a waste licence;

"applicant" means an applicant for a waste licence or for the review of a waste licence;

"certified facility" means a waste disposal facility the proposed development of which was certified by the Minister for the Environment under Part IV of the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ) or Part IX of the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 );

"development" has the meaning assigned to it in the Act of 1963;

"existing facility" means

(i) a certified facility, or

(ii) a facility at which the disposal of waste, was, at any time during the period of 12 months ending on the 1st day of May, 1997, carried on and where such disposal was carried on in accordance with a permit (where required) under the European Communities (Waste) Regulations, 1979 or the European Communities (Toxic and Dangerous Waste) Regulations, 1982, other than a facility which involved or was associated with an unauthorised structure or an unauthorised use within the meaning of the Act of 1963;

"the Environmental Impact Assessment Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1996;

"Member State" means a Member State of the European Communities;

"objection" means an objection under section 42 of the Act;

"oral hearing" means an oral hearing under section 42 of the Act;

"party to the objection" means any of the following persons—

(i) the objector,

(ii) the applicant for a waste licence, or the licensee in the case of a review of a waste licence, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee),

and "party" shall be construed accordingly;

"Planning and Development Regulations" means the Local Government (Planning and Development) Regulations, 1994 to 1997;

"planning permission" means a permission granted under Part IV of the Act of 1963;

"the register" means the register established by the Agency under section 19 of the Act;

"related waste operation", means, in relation to an activity the carrying on of which by a person requires a waste licence, any operation involving the holding, recovery or disposal of waste by or on behalf of the said person which is carried on in, on or adjacent to, the facility at which the said activity is carried on;

"review of a waste licence" means a review of a waste licence under section 46 of the Act;

"waste licence" means a waste licence for the purposes of Part V of the Act.

4 Commencement of licensing of activities

4. (1) Subject to sub-article (3), the date specified in column (2) of the First Schedule opposite a class of activity identified in column (1) of the Schedule shall be the prescribed date for such activity for the purposes of section 39 (1) of the Act.

(2) For the purposes of section 39 (1) of the Act, a class of activity identified in column (1) of the First Schedule shall include a related waste operation.

(3) Sub-article (1) shall not apply in respect of an activity at a facility connected with an activity for the time being specified in the First Schedule to the Act of 1992.

PART II NOTICES REGARDING APPLICATIONS FOR OR REVIEWS OF WASTE LICENCES

5 Notice of intention to apply to the Agency for a waste licence or the review of a waste licence

5. An applicant shall—

( a ) within the period of two weeks before the making of an application for a waste licence or for the review of a waste licence, publish notice of the intention to make the application in a newspaper circulating in the district in which the activity is or will be carried on, in accordance with article 6 and

( b ) not later than the making of the application in question, give notice of the application by the erection or fixing of a site notice on the facility or premises concerned, in accordance with article 7.

6 Notices in newspapers

6. A notice published in a newspaper pursuant to article 5 shall contain as a heading the words...

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