Waste Management (Registration of Brokers and Dealers) Regulations, 2008

• Jurisdiction: Ireland
• Citation: IR SI 113/2008
• Year: 2008

S.I. No. 113 of 2008

WASTE MANAGEMENT (REGISTRATION OF BROKERS AND DEALERS) REGULATIONS 2008

INDEX

1. Citation and commencement

2. Purpose of Regulations

3. Interpretation generally

4. Designation of competent authority

5. Register of Brokers and Dealers

6. Duty of brokers and dealers to register with the competent authority

7. Contents of an application for a certificate of registration

8. Determination of an application for a certificate of registration

9. Competent authority may impose conditions

10. Renewal of certificate of registration

11. Revocation of a certificate of registration

12. Transfer of certificate of registration

13. Duties of brokers and dealers

14. Powers of the competent authority in relation to registered dealers and brokers

15. Duty to use only registered brokers and dealers

16. Offences

17. Legal proceedings

18. Prosecutions and penalties

19. Amendments to the Waste Management Act

20. Amendments to Waste Licensing Regulations

21. Amendments to Waste Management (Movement of Hazardous Waste) Regulations

22. Amendments to Waste Management (Shipments of Waste) Regulations

SCHEDULE 1

Statutory Declaration

SCHEDULE 2

Offences to be disclosed

S.I. No. 113 of 2008

WASTE MANAGEMENT (REGISTRATION OF BROKERS AND DEALERS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th April, 2008.

WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007), consider it necessary for the purpose of giving effect to the provisions of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 1 and for the purpose of giving further effect to Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 2 , Council Directive 1999/31/EC of 26 April 1999 3 and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 4 to make provision for offences under the following regulations to be prosecuted on indictment:

AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007), for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following regulations:

NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 7 of the Waste Management Act, 1996 (No. 10 of 1996) and section 3 of the European Communities Act, 1972 (No. 27 of 1972), as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007), and for the purpose of giving effect to Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 and for the purpose of giving further effect to Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 20062, Council Directive 1999/31/EC of 26 April 19993 and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 20034 hereby makes the following Regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Waste Management (Registration of Brokers and Dealers) Regulations 2008.

(2) These Regulations shall come into effect on 1 July 2008.

Purpose of Regulations

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

(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste 1 ,

(2) Regulation (EC) No. 1013 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 2 (in these Regulations referred to as the TFS Regulation),

(3) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste 3 ,

(4) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC 4 .

Interpretation generally

3. (1) A word or expression that is used in these Regulations and is also used in the TFS Regulation has, unless the contrary intention appears, the meaning in these Regulations that it has in the TFS Regulation.

(2) In these Regulations—

(a) any reference to a Regulation, Schedule or paragraph, which is not otherwise identified, is a reference to a Regulation or Schedule of these Regulations or to a paragraph of the provision in which the reference occurs;

(b) “Act” means the Waste Management Act, 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act, 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), and the Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 );

(c) “Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act, 1992 ;

(d) “broker” means any person arranging the recovery or disposal of waste on behalf of others and includes those brokers who do not take physical possession of the waste;

(e) “competent authority” means that body designated as such pursuant to Regulation 4;

(f) “dealer” means anyone who acts in the role of principal to purchase and subsequently sell waste and includes those dealers who do not take physical possession of the waste.

Designation of competent authority

4. (1) Dublin City Council is designated as the competent authority under Article 6 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste 1 (hereafter referred to as the competent authority) for the purposes of Article 12 of that Directive. It shall be responsible for the registration of dealers and brokers pursuant to these Regulations and for such purposes shall operate both within and outside its functional area.

(2) The powers and functions conferred on the competent authority pursuant to these Regulations may be performed on its behalf by any authorised officer duly appointed in writing pursuant to Regulation 4(3).

(3) For the purposes of these Regulations, “authorised officer” means a person appointed in writing by either:—

(a) the competent authority, or,

(b) the Commissioner of An Garda Síochána (or a member of An Garda Síochána nominated by that Commissioner for the purposes of appointing authorised officers under these Regulations)

to be an authorised officer for the purposes of these Regulations.

(4) Without prejudice to the powers conferred on the competent authority or its authorised officers by these Regulations, it is declared that the provisions of section 14 of the Act, subject to any modifications or adaptations as may be required, shall apply in relation to these Regulations.

Register of brokers and dealers

5. (1) The competent authority shall enter particulars of all brokers and dealers registered by it pursuant to these Regulations in the register established and maintained by it (in its capacity as a local authority) pursuant to section 19 of the Act.

(2) For the purposes of Regulation 5(1), the competent authority may prescribe the information to be entered therein, and the form and manner in which such information shall be entered and maintained, which information shall include, but not necessarily be limited to, the name and address of the broker or dealer to whom a certificate of registration has issued.

(3) All entries and additions made by the competent authority to the register referred to in Regulation 5(1) for the purposes of these Regulations are prescribed for the purposes of section 19 of the Act.

Duty of brokers and dealers to register with the competent authority

6. Subject to the provisions of Regulation 7, each broker or dealer shall apply for registration to the competent authority not later than 30 June 2008 or the date of commencement of business whichever is the later.

Contents of an application for a certificate of registration

7. (1) Without prejudice to Regulation 7(2), an application for registration under Regulation 6 shall be made in writing in such form as may be determined by the competent authority and shall require from each broker or dealer (hereafter referred to as the applicant) such information or material or both as may be prescribed by the competent authority which may inter alia include:—

(a) the full name of the applicant,

(b) all business names used or proposed to be used by the applicant in the course of any business, trade or occupation carried out by him,

(c) the address of the applicant’s principal place of business and, where applicable, the applicant’s telephone number, telefax number and e-mail address,

(d) if the applicant is a partnership, the name and address of each partner,

(e) if the applicant is a body corporate, the address of its registered office and the name and address of any person who is a director, manager, company secretary or other similar officer of the body corporate,

(f) if the applicant is resident outside of the State, the address of the applicant’s principal place of business within the State,

(g) details of all waste customarily dealt with...