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27 2003

Protection of the Environment Act 2003

PART 3

Amendment of Act of 1996

Amendment of section 2 of Act of 1996.

19. —Section 2 of the Act of 1996 is amended by inserting the following in the Table to that section:

“Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control1

European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles2

European Parliament and Council Directive 2000/76/EC of 4 December, 2000 on the incineration of waste3 ”.

Amendment of section 5 of Act of 1996.

20. —(1) Section 5(1) of the Act of 1996 is amended—

(a) by substituting the following definition for the definition of “authorised person”:

“‘authorised person’ means a person who is appointed in writing by—

(a) the Minister,

(b) a local authority,

(c) the Agency,

(d) the Commissioner of the Garda Síochána (or a member of the Garda Síochána nominated by that Commissioner for the purposes of appointing authorised persons under this Act), or

(e) such other person as may be prescribed,

to be an authorised person for the purposes of this Act or any Part or section thereof;”,

(b) by inserting the following definition after the definition of “emission into the atmosphere”:

“ ‘emission limit value’ means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time;”,

and

(c) by inserting the following definition after the definition of “waste licence”:

“ ‘waste service’ means any service, facility, approval or other thing which a local authority may or is required to render, supply, grant, issue or otherwise provide in the performance of any of its functions under this Act to any person or in respect of any premises;”.

(2) Section 5 of the Act of 1996 is amended by inserting the following subsection after subsection (1):

“(1A) In this Act, a reference to—

(a) the date on which a waste licence is granted is a reference to the date on which the licence is sealed with the seal of the Agency, and

(b) the date on which a decision by the Agency to refuse a waste licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed.”.

(3) Section 5 of the Act of 1996 is amended by substituting the following subsection for subsection (2):

“(2) (a) A reference in this Act to ‘best available techniques’ shall be construed as meaning the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle, the basis for emission limit values designed to prevent or eliminate, or where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.

(b) For the purposes of paragraph (a)—

(i)   ‘best’, in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;

(ii)   ‘available techniques’ means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the Third and Fourth Schedules, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;

(iii) ‘techniques’ includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.

(c) In determining the best available techniques, special consideration shall be given to the matters for the time being specified in Annex IV of Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control and such other matters as may be prescribed.”.

Amendment of Act of 1996 consequent on section 20 .

21. —The Act of 1996 is amended (other than in section 5(2)) by substituting “best available techniques” for “best available technology not entailing excessive costs” in each place where those words appear.

Amendment of section 10 of Act of 1996.

22. —Section 10 of the Act of 1996 is amended—

(a) in subsection (1)(a), by substituting “€3,000” for “£1,500”,

(b) in subsection (1)(b), by substituting “€15,000,000” for “£10,000,000”,

(c) in subsection (2), by substituting “€3,000” for “£1,500”,

(d) in subsection (3), by substituting “€1,000” for “£200”, and “€130,000” for “£100,000”, and

(e) in subsection (4), by inserting after “extent of environmental pollution”, “,and any remediation required,”.

Evidence of consent of landowners in certain cases.

23. —The following section is inserted after section 11 of the Act of 1996:

“Presumption in certain prosecutions.

11A.—In a prosecution for an offence under section 32(6) or 39(9) relating to the recovery or disposal of waste on, in, over or under any land where it is proved that, by reason of—

(a) the nature of the particular recovery or disposal activity that was carried on,

(b) the period of time over which it appears that activity was carried on,

(c) the characteristics of the land and the degree of use or control it appears the owner of the land made of, or exercised in relation to, the land at the relevant time or times, or

(d) any other relevant circumstances,

it is a reasonable inference that that recovery or disposal was carried on with the consent of the owner of the land then, it shall be presumed, until the contrary is shown, that that recovery or disposal was carried on with that owner's consent.”.

Amendment of section 14 of Act of 1996.

24. —(1) Section 14(1) of the Act of 1996 is amended by substituting the following paragraph for paragraph (b):

“(b) at any time halt (if necessary) and board any vehicle and have it taken, or require the driver of the vehicle to take it, to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary for the purpose.”.

(2) Section 14(4) of the Act of 1996 is amended—

(a) by inserting in paragraph (a), after “photographs”, “,record such information on data loggers, make such tape, electrical, video or other recordings”,

(b) by substituting in paragraph (b), “make such copies of documents and records (including records in electronic form) found therein and take such samples” for “and take such samples”, and

(c) by inserting in paragraph (f), after “such records and documents”, “, including records held in electronic form”.

Amendment of section 16 of Act of 1996.

25. —Section 16(1) of the Act of 1996 is amended—

(a) by substituting in paragraph (d) “that address,” for “that address, or”,

(b) by substituting in paragraph (e) “near the premises, or” for “near the premises.”, and

(c) by inserting the following paragraph after paragraph (e):

“(f) by such other means as may be prescribed.”.

Amendment of section 22 of Act of 1996.

26. —(1) In this section “Act of 2001” means the Waste Management (Amendment) Act 2001 .

(2) Section 22 of the Act of 1996 is amended—

(a) in subsection (1), by deleting in the definition of “waste management plan” “or subsection (10)(f)” (inserted by the Act of 2001),

(b) in subsection (10), by substituting the following paragraph for paragraphs (d), (e) and (f) (inserted by the Act of 2001):

“(d) On and from the commencement of section 26 (2)(b) of the Protection of the Environment Act 2003, the review, variation or replacement of a waste management plan shall be an executive function.”,

(c) by substituting the following subsection for subsection (10A) (inserted by the Act of 2001):

“(10A)   (a) The development plan for the time being in force in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in the waste management plan in force in relation to that area.

 (b)   (i)   In the event of there being a conflict between an objective deemed to be included in a development plan by virtue of paragraph (a) (the ‘firstmentioned objective’) and an objective otherwise included in the development plan (the ‘second-mentioned objective’), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the waste management plan referred to in that paragraph.

(ii)   A reference in subparagraph (i)   to—

(I) an objective deemed to be included in a development plan by virtue of paragraph (a) shall be construed as including a reference to an objective deemed to be included in a development plan by virtue of this subsection before the amendment of it by section 26 of the Protection of the Environment Act 2003,

(II) an objective otherwise included in a development plan shall be construed as including a reference to an objective otherwise included in a development plan before the amendment of this subsection by that section 26 .

(10AA) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or An Bord Pleanála solely on the ground that the development to which the application relates is not specifically referred to in the waste management plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that waste management plan.”,

and

(d) by inserting the following subsection after subsection (10C) (inserted by the Act of 2001):

“(10D)  (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000 , planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.

 (b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.”.

Further amendment of section 22 of Act of 1996: minor textual corrections.

27. —(1) In this section—

“Act of 2001” has the same meaning as it has in section 26 of this Act;

“relevant subsection” means subsection (10C) (inserted by the Act of 2001) of section 22 of the Act of 1996.

(2) Each division of the relevant subsection prefixed with the figure “1”, “2” or “3” in brackets shall be read and operate, and be construed as always having been intended to be read and operate, as a paragraph prefixed with, as appropriate, the letter “a”, “b” or “c” in brackets.

(3) Each subdivision of a foregoing division, being the division prefixed with the figure “1” or “3” in brackets, shall be read and operate, and be construed as always having been intended to be read and operate, as a subparagraph prefixed with, as appropriate, the figure “i” or “ii” in brackets.

(4) The reference in the relevant subsection, in the third division thereof, to “subsection (2)” shall be read, and be construed as always having been intended to be read, as a reference to “paragraph (b)”.

Amendment of section 29 of Act of 1996.

28. —Section 29(4) of the Act of 1996 is amended in paragraph (h) by inserting, after “purchaser thereof”, “(or, as appropriate, any person who acquires the product or substance subsequent to its first being purchased)”.

Amendment of section 32 of Act of 1996.

29. —Section 32(6) of the Act of 1996 is amended—

(a) by inserting in paragraph (b), after “under this Act”, “,a permit, authorisation or certificate referred to in section 39(5)(c) (inserted by Statutory Instrument No. 166 of 1998)”,

(b) by inserting the following paragraph after paragraph (b):

“(c) In a prosecution for a contravention of subsection (1), where it is proved that—

(i)   a waste collection permit or waste licence under this Act, a permit, authorisation or certificate referred to in section 39(5)(c) or a licence or revised licence under Part IV of the Act of 1992 was required for the carrying on of the activity concerned, and

(ii)   such a permit, licence, authorisation or certificate was not in force in respect of the carrying on of that activity or was not being complied with in any respect,

then it shall be presumed, until the contrary is shown, that the carrying on of that activity was likely to cause environmental pollution.”.

Amendment of section 33 of Act of 1996.

30. —Section 33(6) of the Act of 1996 is amended—

(a) by inserting in paragraph (a), after “is not complied with”, “(and, for the avoidance of doubt, such a provision includes the provision referred to in section 35(3)(gg))”, and

(b) by inserting the following paragraphs after paragraph (a):

“(aa) if any provision of an order under section 75(10) in relation to the waste is not complied with, or

(aaa) if that person has failed to pay a charge made under section 75 or the Local Government (Financial Provisions) (No. 2) Act 1983 in respect of the collection of the waste concerned, or”.

Amendment of section 34 of Act of 1996.

31. —Section 34 of the Act of 1996 is amended—

(a) by substituting the following subsection for subsection (4):

“(4) A local authority shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan as the case may be.”

and

(b) by substituting the following paragraph for paragraph (c) of subsection (13) (inserted by the Waste Management (Amendment) Act 2001 ):

“(c) If a body stands prescribed for the purposes aforesaid, then this section shall have effect, in so far as it relates to such a body, as if the following subsection was substituted for subsection (4):

‘(4) A body standing prescribed for the purposes of subsection (1)(a)(iii) shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan as the case may be.’.”.

Amendment of section 35 of Act of 1996.

32. —Section 35(3) of the Act of 1996 is amended by inserting the following paragraph after paragraph (g):

“(gg) that waste placed for collection shall bear evidence, in such a manner or form as is provided in the bye-laws, of the payment of any charge that has been made under section 75 in respect of the collection of the waste,”.

Amendment of section 39 of Act of 1996.

33. —Section 39 of the Act of 1996 is amended—

(a) by substituting the following subsections for subsections (4) and (5):

“(4) The Minister may by regulations provide that subsection (1) shall not apply in respect of the recovery or disposal in a specified manner of a specified class or classes of waste, if and for so long as the person carrying out the recovery or disposal of the waste, as the case may be, complies with specified conditions in relation to the carrying out of such recovery or disposal.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions in relation to the following matters—

(a) the quantity of waste concerned which may be recovered or disposed of in a particular period,

(b) the use of the best available techniques to prevent or eliminate or, where that is not practicable, to limit, abate or reduce, an emission from the recovery or disposal activity concerned,

(c) a requirement that the person concerned obtain from a local authority or the Agency a waste permit or such other authorisation or certificate as may be prescribed in respect of the carrying on by him or her of the activity concerned,

(d) the specification of controls to be exercised or measures to be taken by a local authority or the Agency in relation to the carrying on of an activity in respect of which such a permit, authorisation or certificate is required (which controls and measures a local authority or the Agency is hereby empowered to exercise or take, as the case may be),

(e) a requirement regarding the payment to a local authority or the Agency of a fee of a specified amount in respect of an application for such a permit, authorisation or certificate, or of such charges as are necessary to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the local authority or the Agency in relation to such application,

(f) where a question arises as to whether or not a particular waste recovery or disposal activity falls within regulations under subsection (4), enabling the Agency to determine that question and providing that that determination of the Agency shall be final,

(g) such other matters as the Minister considers are appropriate to ensure that the recovery or disposal activity concerned will not cause environmental pollution.”,

and

(b) in subsection (7), by substituting in paragraph (a) (inserted by the Waste Management (Amendment) Act 2001 ) “paragraph 7.7.1, 7.7.2 or 11.1” for “paragraph 11.1”.

Relationship between Act of 1996 and Act of 1992.

34. —The following section is inserted after section 39 of the Act of 1996:

“Licensing under this Part and Part IV of Act of 1992.

39A.—(1) The purpose of this section is to provide that, in relation to activities which are related to one another in the manner mentioned in this section, a single licence under either this Part or Part IV of the Act of 1992, but not a licence under both those Parts, will be required for the carrying on of those activities and that this Part or that Part IV applies, accordingly, to those activities.

(2) This section has effect in relation to the following activities, namely—

(a) the recovery or disposal of waste (‘the first activity’), and

(b) an activity specified in the First Schedule to the Act of 1992 (‘the second activity’),

where the first activity is carried on in a facility connected or associated with the second activity.

(3) If the Agency is of the opinion that the carrying on of the second activity will be subsidiary to the carrying on of the first activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of, or the First Schedule to, the Act of 1992—

(a) the second activity (irrespective of whether it would otherwise be so regarded) shall be regarded as an activity falling within section 39(1) and, accordingly—

(i)   the carrying on of it and of the first activity, shall require, and may be the subject of the grant of, a waste licence under that section, and

(ii)   the provisions of this Part shall otherwise apply in relation to any such activity,

and

(b) neither the carrying on of the first activity, if it would otherwise be regarded, nor of the second activity shall be regarded as requiring the grant of a licence under Part IV of the Act of 1992.

(4) If the Agency is of the opinion that the carrying on of the first activity will be subsidiary to the carrying on of the second activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of the Act of 1992—

(a) the first activity (irrespective of whether it would otherwise be so regarded) shall be regarded as an activity falling within section 82 of the Act of 1992 and, accordingly—

(i)   the carrying on of it and of the second activity, shall require, and may be the subject of the grant of, a licence under Part IV of that Act, and

(ii)   the provisions of that Part shall otherwise apply in relation to any such activity,

and

(b) neither the carrying on of the second activity, if it would otherwise be regarded, nor of the first activity shall be regarded as requiring the grant of a waste licence under section 39(1).

(5) For the purposes of this section ‘subsidiary’ means subsidiary having regard to one or, as the Agency may consider appropriate, more than one, of the following, namely—

(a) the primary purpose of the activities concerned,

(b) the size of each of the activities concerned relative to one another and any change in that regard likely to occur during the time the proposed licence will be in force,

(c) the relative likely effects on the environment of each of the activities,

(d) whether one of the activities concerned is incidental to, or consequential on, the other.

(6) A declaration under subsection (3) or (4)—

(a) may be made by the Agency of its own volition, and

(b) shall be made by the Agency, on a request being made to it under subsection (7), if the conditions specified in that subsection are complied with.

(7) A person, before making an application for a waste licence under section 39(1) or a licence under section 82 of the Act of 1992 in relation to the carrying on of 2 or more activities, may request the Agency to make a declaration under subsection (3) or (4) in relation to those activities and the Agency shall accede to that request if the following conditions are complied with—

(a) the Agency is satisfied of the bona fides of the request,

(b) the person has supplied sufficient particulars to the Agency with respect to the activities, and

(c) the Agency determines that it is appropriate to accede to the request,

but, in the case of an application for a declaration under subsection (3), the Agency may, instead, make a declaration under subsection (4) and, in the case of an application for a declaration under subsection (4), the Agency may, instead, make a declaration under subsection (3), where, in either case, it considers it appropriate to make the declaration under the other subsection.

(8) Nothing in this section operates to disapply section 39(1), or section 82 of the Act of 1992, as the case may be, if the activities referred to in this section cease to be related to one another in the manner mentioned in this section.

(9) For the avoidance of doubt, this section shall apply and, in particular, a declaration under it may be made in respect of an application made before the commencement of section 34 of the Protection of the Environment Act 2003, for a waste licence under section 39 or for a licence or revised licence under section 82 of the Act of 1992.

(10) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.”.

Amendment of section 40 of Act of 1996.

35. —Section 40 of the Act of 1996 is amended—

(a) by substituting the following clause for clause (I) of subsection (2)(b)(ii):

“(I) any environmental impact statement which is submitted to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45, in so far as the said statement relates to the risk of environmental pollution from the waste activity concerned,”,

(b) by substituting the following subparagraphs for subparagraphs (iii) and (iv) of subsection (2)(b):

“(iii) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity concerned as it considers necessary,

(iv) the policies and objectives of the Minister or the Government in relation to waste management for the time being extant, and

(v)   such other matters as may be prescribed.”,

(c) by deleting subsection (3),

(d) by inserting the following paragraph after paragraph (b) of subsection (4):

“(bb) if the activity concerned involves the landfill of waste, the activity, carried on in accordance with such conditions as may be attached to the licence, will comply with Council Directive 1999/31/EC on the landfill of waste,”,

(e) by inserting the following paragraph after paragraph (c) of subsection (4):

“(cc) the activity concerned is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and will not prejudice measures taken or to be taken by the relevant local authority or authorities for the purpose of the implementation of any such plan,”,

(f) by substituting in paragraph (e) of subsection (4) “section 53,” for “section 53.”,

(g) by inserting the following paragraphs after paragraph (e) of subsection (4):

“(f) energy will be used efficiently in the carrying on of the activity concerned,

(g) any noise from the activity concerned will comply with, or will not result in the contravention of, any regulations under section 106 of the Act of 1992,

(h) necessary measures will be taken to prevent accidents in the carrying on of the activity concerned and, where an accident occurs, to limit its consequences for the environment,

(i) necessary measures will be taken upon the permanent cessation of the activity concerned (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to a satisfactory state.”,

and

(h) by inserting in subsection (7)(a), after “this Act”, “, the Act of 1992, the Local Government (Water Pollution) Acts 1977 and 1990 or the Act of 1987”.

Amendment of section 41 of Act of 1996.

36. —Section 41 of the Act of 1996 is amended—

(a) in subsection (2)(a), by substituting the following subparagraph for subparagraph (vii):

“(vii)   require the monitoring of such environmental media as, in the opinion of the Agency, may be affected by or as a result of the activity concerned, and require the Agency to be informed of the results of such monitoring and, without delay, of any incident or accident which causes, or is likely to cause, environmental pollution,”,

(b) in subsection (6), by inserting after “complies”, “, or is capable of compliance,”.

Reckoning of certain periods.

37. —The following section is inserted after section 42 of the Act of 1996:

“Calculation of appropriate period and other time limits over holidays.

42A.—When calculating the appropriate period (within the meaning of section 42) or any other time limit under this Act or in any regulations made under this Act, the period between the 24th day of December and the 1st day of January, both days inclusive, shall be disregarded.”.

Additional power to amend waste licences.

38. —The following section is inserted after section 42A (inserted by section 37 of this Act) of the Act of 1996:

“Amendments of waste licence of clerical or technical nature.

42B.—(1) The Agency may amend a waste licence for the purpose of—

(a) correcting any clerical error therein,

(b) facilitating the doing of any thing pursuant to a condition attached to the licence where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the condition or the terms of the licence taken as a whole but which was not expressly provided for in the condition, or

(c) otherwise facilitating the operation of the licence and the making of the amendment does not result in the relevant requirements of section 40(4) ceasing to be satisfied.

(2) None of the requirements of section 46 or of any other provision of this Part shall apply to the exercise of the power under subsection (1) but the Agency shall, where appropriate, consult with the holder of the licence before exercising the power.

(3) The Agency shall, as soon as may be after the exercise of the power under subsection (1), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency under section 42(3) in relation to any exercise of the powers under section 40 or 46 as respects the waste licence concerned.”.

Amendment of section 44 of Act of 1996.

39. —The following section is substituted for section 44 of the Act of 1996:

“Conduct of oral hearing and written report thereon.

44.—(1)   (a) An oral hearing under section 42 shall be conducted by a person or persons appointed for that purpose by the Agency.

(b) Subject to any regulations under subsection (4), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person or persons appointed under this subsection but it shall be the duty of the person or persons to ensure that the hearing is conducted without undue formality.

(2) The person or persons appointed under subsection (1) may take evidence on oath or affirmation at the oral hearing and for that purpose may administer oaths or affirmations, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(3) The person or persons appointed under subsection (1) shall make a written report on the objection or objections made under section 42(3) and the hearing to the Agency and shall include in the report a recommendation relating to the grant of a waste licence or a revised waste licence, as the case may be (including the conditions to be attached to such a licence) or to the refusal of such a licence.

(4)   (a) The Minister may make regulations in relation to the conduct of an oral hearing under section 42 and the procedures at such a hearing.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection shall provide for all of the following—

(i)   matters that may be raised at an oral hearing;

(ii)   the persons who may be heard at an oral hearing;

(iii) enabling the person or persons conducting an oral hearing to require any person to attend the hearing and give evidence in relation to any matter in question at the hearing;

(iv) the publication or giving of notice of the holding of an oral hearing;

(v)   the alteration of the time and place of the holding of an oral hearing;

(vi) the provision of submissions, plans, documents or other information and particulars to persons;

(vii) the adjournment or re-opening of an oral hearing, and the publication or giving of notice regarding such an adjournment or re-opening;

(viii) the replacement of a person or persons appointed to conduct an oral hearing or the conduct of a new oral hearing;

(ix) the withdrawal of a request for an oral hearing, and matters consequential thereon.”.

Amendment of section 46 of Act of 1996.

40. —The following section is substituted for section 46 of the Act of 1996:

“46.—(1) Without prejudice to subsections (2) and (5), the Agency may review a waste licence—

(a) on any of the grounds referred to in subsection (3),

(b) with the consent of, or upon an application in that behalf being made by, the holder of the licence,

(c) upon receipt of a notification under subsection (6), or

(d) at a time not less than 3 years from the date on which the licence was granted.

(2) The Agency shall review a waste licence if—

(a) it considers—

(i)   that pollution arising from or as a result of the activity to which the waste licence relates is of such significance that the existing limit values specified in the waste licence need to be revised or new such values need to be specified in the waste licence,

(ii)   that substantial changes in best available techniques make it possible to reduce emissions from the said activity significantly without imposing excessive costs,

(iii) that the operational safety of the said activity requires techniques, other than those currently being used in respect of it, to be used,

or

(b) new requirements (whether in the form of standards or otherwise) are prescribed, by or under any enactment or Community act, being requirements that relate to—

(i)   the conduct or control of the activity to which the waste licence relates,

(ii)   the content or nature of an emission concerned, or

(iii) the effects of the activity on such an emission.

(3) The grounds mentioned in subsection (1)(a) are:

(a) there has been a material change in the nature of the activity to which the waste licence relates, or in the nature or extent of an emission concerned, or of the location in which the said activity is carried on or an adjacent area,

(b) there has been a material change, which could not reasonably have been foreseen when the waste licence was granted, in the condition of the environment in the area in which the activity to which the licence relates is carried on,

(c) evidence, which was not available when the waste licence was granted and would have materially affected the decision of the Agency to grant the licence subject to the conditions to which it was granted, has become available.

(4) In the review of a waste licence under this section, the Agency shall have regard to—

(a) any change in the quality of the environment in the area in which the activity to which the waste licence relates is carried on, and

(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution,

since the waste licence was granted or last reviewed.

(5)   (a)   The Agency may review a waste licence upon receipt of a notification under section 40(13), or on otherwise becoming aware of the cessation of the activity to which the licence relates, or following a refusal by it to accept the surrender of the licence under section 48(7).

(b) In a review under this subsection, the Agency shall determine such measures as are in its opinion necessary for the purpose of, as appropriate—

(i)   the closure, restoration, remediation or aftercare of any facility concerned for the recovery or disposal of waste,

(ii)   environmental protection,

and may grant a revised waste licence accordingly, including such conditions as it deems appropriate as respects the matters aforesaid.

(6) A holder of a waste licence shall give notice in writing to the Agency of any proposal to effect a change in the nature, extent or function of an activity or facility to which that licence relates if the effecting of that change could have consequences for the environment.

(7) A change referred to in subsection (6) shall not be effected unless either—

(a) by notice in writing served on the holder concerned, the Agency states that the activity concerned could, if the change were to be effected, continue to be carried on in conformity with this Act without a review of the licence concerned under subsection (1) having to be carried out first and a revised licence granted thereunder, or

(b) a review of the licence concerned under subsection (1) is carried out first and a revised licence is granted thereunder that permits the activity concerned to continue to be carried on in conformity with this Act after the change has been effected.

(8) As soon as may be after it has completed a review of a waste licence under this section, the Agency may—

(a) grant to the holder thereof a waste licence (‘a revised waste licence’) the terms and conditions of which are, in such respects as the Agency thinks appropriate, different from those of the first-mentioned licence and the revised waste licence shall have effect in lieu of the first-mentioned licence, or

(b) refuse to grant to that holder such a licence.

(9) Without prejudice to the generality of subsection (2)(b), the Minister may by regulations—

(a) prescribe specific circumstances in which the obligation under that provision to review a waste licence granted in respect of a specified class or classes of waste activity shall arise, the grounds for such review, the time within which such review shall be carried out, and relevant procedures to be followed, and

(b) require the taking by the Agency of specified measures consequent upon the completion of such a review.

(10) Subsection (9) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency or a local authority of a function conferred on it by or under this Act in relation to a waste recovery or disposal activity.”.

Power to revoke or suspend waste licence.

41. —The following section is inserted after section 48 of the Act of 1996:

“Revocation or suspension of waste licence in certain circumstances.

48A.—(1) The Agency may revoke, or suspend the operation of, a waste licence if it appears to the Agency that—

(a) the holder of the licence no longer satisfies the requirements specified in section 40(7) for his or her being regarded as a fit and proper person, and

(b) the circumstances occasioning his or her no longer satisfying those requirements are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation.

(2) References in this Act to the cessation of the activity to which a waste licence relates shall be construed as including references to such a cessation in consequence of the revocation of the licence.

(3) None of the requirements of section 46 or of any other provision of this Part shall apply to the exercise of the power under subsection (1) but where the Agency proposes to exercise the power it shall afford the holder of the licence, and any other person whom it considers ought to be afforded such an opportunity, an opportunity to make representations to it in relation to the matter.

(4) The cesser of a waste licence's effect under this section shall in no way affect or diminish such conditions, requirements or obligations (being conditions, requirements or obligations that apply to, or fall on the holder of such licence by virtue of the licence) as may be specified by the Agency in exercising the powers under this section.

(5) The holder or former holder of the licence may appeal to the High Court against a revocation or suspension of a waste licence under this section and, on the hearing of the appeal, the High Court may confirm or annul the revocation or suspension or, in the case of a suspension, vary the period for which the suspension shall operate.

(6) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him or her to be necessary to give full effect to any of the provisions of this section.”

Amendment of section 49 of Act of 1996.

42. —Section 49 of the Act of 1996 is amended by inserting the following subsections after subsection (2):

“(3) Where the activity to which a waste licence relates ceases to be carried on then, unless the activity is resumed within the period of 3 years beginning on the date of that cessation, the licence shall cease to have effect on the expiry of the said period.

(4) The cesser of a waste licence's effect under this section shall in no way affect or diminish the conditions, requirements or obligations that apply to, or fall on, the holder of such licence by virtue of the licence.”.

Operator of landfill facility to impose charge for disposals.

43. —The following section is inserted after section 53 of the Act of 1996:

“Operator of landfill facility to impose charge for disposals.

53A.—(1) The operator of a landfill facility (other than an internal landfill facility), or such other facility for the disposal of waste as may be prescribed for the purposes of this subsection, shall impose charges in respect of the disposal of waste at the facility.

(2) Subject to subsection (3), different amounts of charges may be imposed under subsection (1) in respect of different disposals of waste at the facility concerned.

(3) The amount or amounts of charges imposed under subsection (1) shall be such as the operator of the facility concerned determines is likely to ensure that the result specified in subsection (4) is achieved.

(4) The result referred to in subsection (3) is that the aggregate of the amount of charges imposed by the operator, in relation to the facility concerned, during the relevant period will not be less than the amount that would meet the total of the following costs (irrespective of whether those costs, or any of them, have been or will be met from other financial measures available to the operator), namely—

(a) the costs incurred by the operator in the acquisition or development, or both (as the case may be), of the facility,

(b) the costs of operating the facility during the relevant period (including the costs of making any financial provision under section 53), and

(c) the estimated costs, during a period of not less than 30 years or such greater period as may be prescribed, of the closure, restoration, remediation or aftercare of the facility.

(5) The operator of the facility concerned shall prepare a statement in writing in respect of the determination he or she makes under subsection (3) in each year of the amounts of charges and that statement shall specify the method he or she has employed in making that determination and the assumptions and any relevant accounting principles he or she has used for the purpose of that method.

(6) A copy of a statement prepared under subsection (5) shall be furnished by the operator to the Agency not later than 1 month following the end of the year to which the statement relates.

(7) An operator who fails to comply with subsection (6) shall be guilty of an offence.

(8) The Agency shall not grant a licence or revised licence in respect of the disposal of waste at a facility referred to in subsection (1) unless it is satisfied that the proposed licensee or licensee will take or will continue to take steps to comply with this section.

(9) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.

(10) In this section—

‘internal landfill facility’ means a landfill facility that is used solely for the disposal of waste produced by an activity (other than one involving the sorting, mixing or segregation of waste or the recovery of materials from waste) and is operated by or on behalf of the person carrying on that activity;

‘relevant period’ means such period as the Agency determines to be appropriate for the purposes of Article 10 of the Council Directive 99/31/EC1 in relation to the facility concerned and specifies in writing for the purposes of this section.”.

Insertion of Part VA in Act of 1996 (end-of-life vehicles).

44. —The following Part is inserted after section 53A (inserted by section 43 of this Act) of the Act of 1996:

“PART VA

Recovery of End-of-Life Vehicles

Interpretation and supplemental (Part VA).

53B.—(1) In this Part—

‘Act of 1952’ means the Finance (Excise Duties) (Vehicles) Act 1952 ;

‘Act of 1992’ means the Finance Act 1992 ;

‘appropriate treatment and recovery’, in relation to a vehicle, means the treatment and recovery of the vehicle in accordance with the requirements of section 39;

‘authorised recovery facility’ means a facility at which the appropriate treatment and recovery of vehicles may take place;

‘Directive’ means the European Parliament and Council Directive 2000/53/EC of 18 September, 2000 on end-of-life vehicles;

‘end-of-life vehicle’ means a specified vehicle which is discarded or is to be discarded by its registered owner as waste;

‘mechanically propelled vehicle’ has the same meaning as it has in Chapter IV of Part II of the Act of 1992;

‘producer’, in relation to a vehicle, means the person who imports into, or manufactures in, the State the vehicle;

‘registered’, in relation to a vehicle, shall be construed in accordance with section 131 of the Act of 1992;

‘registered owner’ has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) as amended for the time being, but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may be for the time being in force;

‘specified vehicle’ means—

(a) a category A vehicle or a category B vehicle within the meaning of Chapter IV of Part II of the Act of 1992, other than such a vehicle that falls within a class of vehicle specified in regulations under subsection (2) as being a class of vehicle excepted from this definition, and

(b) a vehicle that falls within a class of vehicle specified in regulations under subsection (2) as being a class of vehicle included in this definition.

(2) The Minister may make regulations specifying a class of mechanically propelled vehicle to be a class of vehicle excepted from, or included in, the definition of ‘specified vehicle’ in this section (and such specification shall be made only where the Minister considers it necessary or expedient to do so in consequence of a Community act).

Producer responsibility for free treatment and recovery of end-of-life vehicles.

53C.—(1) The Minister may make regulations imposing the obligation specified in subsection (2) with effect from—

(a) the commencement of section 43 of the Protection of the Environment Act 2003 where the vehicle mentioned in that subsection is a vehicle registered on or after 1 July 2002,

(b) 1 January 2007 where the vehicle mentioned in that subsection is a vehicle registered before, on or after 1 July 2002.

(2) The obligation mentioned in subsection (1) is an obligation on the producer of the vehicle concerned to ensure that the registered owner of an end-of-life vehicle can deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery without (subject to section 53D(4)) any cost being incurred by the owner in respect of such deposit, treatment or recovery.

(3) Regulations under this section may provide for—

(a) the making of arrangements by producers of specified vehicles for the purpose of ensuring that the foregoing obligations of each of them under the regulations are fulfilled,

(b) the provision by producers of the financial resources (the ‘resources’) necessary to ensure that those foregoing obligations are fulfilled,

(c) the following matters in relation to the provision of the resources—

(i)   the conferral of powers on a specified person or persons (who or each of whom is referred to in this section as a ‘collection authority’) with respect to securing and recovering the resources,

(ii)   requiring the making of a declaration to a collection authority by a producer and specifying the particulars to be included in such a declaration,

(iii) the time at which an amount of resources shall be made available by a producer and the form and manner in which they shall be made available,

(iv) requiring specified records to be kept by specified persons in respect of matters connected with the making available of the resources and specifying the form of such records,

(v)   enabling the making available of resources by specified producers to be deferred in specified circumstances,

(vi) requiring specified records and accounts to be kept by a collection authority in respect of resources made available or to be made available to it,

(vii) enabling the refund of resources made available by specified producers to be made to them,

(viii) enabling a collection authority to enter into arrangements with one or more specified persons whereby that person or those persons remit to the collection authority amounts by way of financial resources within a specified period of time after liability in respect of the making available of those amounts arises,

(ix) providing for the payment into the Environment Fund by a collection authority of amounts received by it by way of resources (subject to the deduction from such amounts of any amounts specified as being capable of being deducted therefrom for the purpose of defraying expenses incurred by it in securing or recovering the resources),

(d) the exemption of a person from all or any of the requirements of regulations under this section who is certified by an association or body corporate that is formed or established for the purpose of the carrying on of relevant activities, that is to say, ensuring that end-of-life vehicles can be deposited by their registered owners for the purpose of their being the subject of appropriate treatment and recovery in accordance with subsection (2), and is approved by the Minister in accordance with regulations under paragraph (a), to be either—

(i)   a member or shareholder of that association or body corporate, as the case may be, or

(ii)   participating, in a satisfactory manner, in a scheme for the carrying on of the relevant activities referred to in this paragraph or complying with any requirements specified by that association or body corporate, as the case may be, in relation to the carrying on of those activities,

(e)   (i)   the granting by the Minister of approvals for the purpose of regulations under paragraph (d) and the conditions which he or she may attach to such approvals, including conditions relating to—

(I)   the financial and administrative arrangements to be made by the association or body corporate concerned,

(II) the relevant activities referred to in paragraph (d) to be carried on by the association or body corporate concerned and the manner in which they are to be carried on,

(III) targets to be achieved by the association or body corporate concerned with respect to the carrying on of those activities by it,

 (ii) enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,

 (iii) the means by which an association or body corporate shall determine, for the purpose of regulations under paragraph (d), whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,

 (iv) the grant and revocation by an association or body corporate of a certificate for the purpose of regulations under paragraph (d) and the notifications to be given by it in respect of such a grant or revocation to the person concerned and other specified persons,

(f) the exemption of a producer from all or any of the requirements of regulations under this section (being a producer who is not otherwise so exempted by virtue of regulations under paragraph (d)) where he or she shows to the satisfaction of the Minister or another person specified for this purpose that he or she has put arrangements in place to ensure that each end-of-life vehicle produced by him or her can be deposited by the registered owner thereof for the purpose of its being the subject of appropriate treatment and recovery in accordance with subsection (2),

(g) any matters consequential on, or incidental to, the foregoing.

(4) A person who fails to comply with a provision of regulations under this section shall be guilty of an offence.

Requirement to deposit mechanically propelled vehicle for recovery, etc.

53D.—(1) In this section—

‘essential components of a vehicle’ means the engine and coachwork of a vehicle;

‘national vehicle records’ means the records established and maintained under section 60 of the Finance Act 1993 .

(2) Where the registered owner of a mechanically propelled vehicle decides to discard the vehicle as waste he or she shall deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery.

(3) Subject to subsection (4), that deposit, treatment and recovery shall, if the vehicle is a specified vehicle, occur without any cost being incurred by the registered owner.

(4) The Minister may make regulations providing that—

(a) subsection (3) shall not apply where the specified vehicle to be deposited—

(i)   does not contain the essential components or other specified components of a vehicle,

(ii)   contains waste which has been added to the vehicle, or

(iii) was not the subject of a licence taken out under section 1 of the Act of 1952 or, as the case may be, section 21(3) of the Finance (No. 2) Act 1992 for such period or periods as may be specified preceding the deposit,

(b) subsection (3), in so far as it provides that the deposit of the specified vehicle shall occur without any cost being incurred by the registered owner, shall not apply unless specified conditions are complied with.

(5) Subject to any regulations under this section, the operator of an authorised treatment facility shall—

(a) issue, in relation to the vehicle, a certificate (in this section referred to as a ‘certificate of destruction’) to the registered owner on the deposit by him or her of a mechanically propelled vehicle at the facility for appropriate treatment and recovery,

(b) notify, in such form as the Minister may determine, the Minister of the fact of that certificate having been issued and of such particulars contained in it as the Minister may determine (and the form that is so determined may be a form that is not legible if it is capable of being converted into a legible form).

(6) The Minister shall note on the national vehicle records such of the particulars contained in certificates of destruction as he or she considers appropriate and which have been notified to him or her under subsection (5)(b).

(7) The operator of an authorised treatment facility shall not transfer a mechanically propelled vehicle which has been deposited with him or her in accordance with subsection (2) to any other person save for the purpose of its being the subject of appropriate treatment and recovery at another authorised treatment facility.

(8) A mechanically propelled vehicle in respect of which a certificate of destruction has been issued shall not be subsequently—

(a) registered,

(b) licensed under section 1 of the Act of 1952 or section 21(3) of the Finance (No. 2) Act 1992 ,

(c) used in a public place, or

(d) exported.

Regulations for purposes of section 53D, etc.

53E.—(1) The Minister may make—

(a) regulations for the purposes of section 53D, and

(b) regulations providing for such supplementary, consequential or incidental provisions as the Minister considers necessary or expedient for the purpose of giving full effect to the provisions of the Directive to which that section relates.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to all or any of the following matters—

(a) requiring specified documentation, information and particulars to be submitted by the registered owner of a mechanically propelled vehicle on the occasion of the vehicle being deposited at an authorised treatment facility pursuant to section 53D(2),

(b) requiring specified documentation, information and particulars to be submitted by the operator of an authorised treatment facility to specified persons on the occasion of a mechanically propelled vehicle being deposited at that facility pursuant to section 53D(2),

(c) requiring specified documentation, information and particulars to be submitted by the operator of an authorised treatment facility to specified persons on the occasion of a mechanically propelled vehicle's appropriate treatment and recovery at that facility being completed,

(d) specifying the period within which a mechanically propelled vehicle deposited at an authorised treatment facility pursuant to section 53D(2) must undergo appropriate treatment and recovery,

(e) the form of a certificate of destruction,

(f) the keeping and preservation of records and information relating to certificates of destruction issued by operators of authorised treatment facilities,

(g) the recognition in the State of certificates of destruction (being certificates issued under the laws of another Member State of the European Union implementing the Directive) in respect of mechanically propelled vehicles registered in the State,

(h) specifying the persons to whom specified information and particulars derived from national vehicle records may be provided,

(i) any matters consequential on, or incidental to, the foregoing.

Offences for failure to comply with section 53D, etc.

53F.—A person who fails to comply with—

(a) subsection (2), (3), (5), (7) or (8) of section 53D, or

(b) a provision of regulations under section 53E,

shall be guilty of an offence.”.

Amendment of section 54 of Act of 1996.

45. —Section 54 of the Act of 1996 is amended—

(a) in subsection (4)(a), by substituting “may” for “shall”, and

(b) in subsection (5), by inserting after “subsection (4)(a)”, “that were the subject of consultation in accordance with that provision and in respect of which a condition has been attached to a waste licence in accordance with subsection (4)”.

Extension to Agency of powers under section 55 of Act of 1996.

46. —The following section is inserted after section 55 of the Act of 1996:

“Powers under section 55 also exercisable by Agency.

55A.—On and from the commencement of section 46 of the Protection of the Environment Act 2003, the powers under section 55 shall, in addition to being exercisable by a local authority, be exercisable by the Agency (but, as respects the Agency, without the limitation imposed on subsection (1)(a) of that section by subsection (1)(b) thereof) and, accordingly, for that purpose—

(a) the references in subsection (1)(a) of that section to a local authority shall be construed as including references to the Agency and that subsection, in its application to the Agency, shall have effect as if the words, ‘as respects its functional area,’ were omitted, and

(b) each subsequent reference in that section to a local authority shall, where the power under that subsection (1)(a) has been exercised by the Agency in relation to a particular matter, be construed, in relation to that matter, as a reference to the Agency.”.

Extension to Agency of powers under section 56 of Act of 1996 and clarification of that section.

47. —The following section is inserted after section 56 of the Act of 1996:

“Powers under section 56 also exercisable by Agency and clarification of that section.

56A.—(1) On and from the commencement of section 47 of the Protection of the Environment Act 2003, the powers under section 56 of the Act of 1996 shall, in addition to being exercisable by a local authority, be exercisable by the Agency and, accordingly, for that purpose—

(a) the references in subsection (1) of that section to a local authority shall be construed as including references to the Agency and that subsection, in its application to the Agency, shall have effect as if the words ‘in its functional area’ were omitted, and

(b) each subsequent reference in that section to a local authority shall, where the power under that subsection (1) has been exercised by the Agency in relation to a particular matter, be construed, in relation to that matter, as a reference to the Agency.

(2) Nothing in this section shall be construed as imposing on a local authority or the Agency, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.”.

Amendment of section 57 of Act of 1996.

48. —Section 57(1) of the Act of 1996 is amended—

(a) by inserting after “cause environmental pollution”, “or section 34 or 39(1) to be contravened”,

(b) by inserting in paragraph (a), after “such pollution”, “or contravention”, and

(c) by inserting in paragraph (c), after “costs”, “, including costs incurred by the Agency in relation to the carrying out of relevant inspections or surveys and the taking of relevant samples and the analysis of the results of any such activities,”.

Amendment of section 58 of Act of 1996.

49. —Section 58(1) of the Act of 1996 is amended by inserting in paragraph (a) after “environmental pollution”, “or section 34 or 39(1) to be contravened”.

Amendment of section 72 of Act of 1996.

50. —Section 72 (inserted by the Waste Management (Amendment) Act 2001 ) of the Act of 1996 is amended by inserting the following subsections after subsection (4):

“(4A) Where any amount of levy becomes payable in accordance with regulations made under this section and is not paid, simple interest on the amount shall be paid by the person liable to pay the levy and such interest shall be calculated from the date on which the levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.

(4B) Interest due in accordance with subsection (4A) shall be payable to the collection authority specified in the regulations under subsection (2) and the provisions of those regulations relating to the recovery of the levy shall apply to the interest as if it were levy.

(4C) For the purposes of subsection (4A), levy includes any estimated amount which has been included in a notice served by a collection authority on the person liable to pay the levy concerned provided such estimated amount has, in accordance with regulations under subsection (2), become due and payable to the collection authority.

(4D) Interest paid in accordance with subsection (4A) shall be treated as levy for the purposes of paragraph (l) of subsection (6) and section 74(7).

(4E) The Minister may be order amend the rate of interest specified in subsection (4A).”.

Amendment of section 74 of Act of 1996.

51. —Section 74 (inserted by the Waste Management (Amendment) Act 2001 ) of the Act of 1996 is amended by substituting the following subsection for subsection (7):

“(7) Subject to, and in accordance with, regulations under section 53C, 72 or 74, there shall be paid into the Environment Fund the amounts specified in those regulations of financial resources or levy collected or recovered thereunder.”.

Charges for waste services.

52. —The following section is inserted after section 74 of the Act of 1996:

“Charges for waste services.

75.—(1) A local authority may make a charge in respect of the provision of any waste service by, or on behalf of, that authority.

(2) A charge made by a local authority under subsection (1) shall be of such an amount as the authority considers appropriate and shall be payable by and recoverable from the person for whom the service is provided, or, where the service is provided in respect of premises—

(a) in case the premises are not owned by a local authority and comprise more than one dwelling, the owner of the premises, and

(b) in any other case, the occupier of the premises,

and different such charges may be made by such an authority in respect of persons, premises or services of different classes or descriptions or, where the service relates to the collection, recovery or disposal of waste (without prejudice to any other basis for making a charge) in respect of different quantities, volumes or types of waste.

(3) A local authority may, if it is satisfied that it is appropriate so to do on grounds of personal hardship, waive all or portion of a charge made by it under subsection (1).

(4) Where a charge (or portion thereof) is waived under subsection (3), the liability of a person to pay that charge (or portion thereof) and any obligation on the local authority by whom the waiver was made to collect the charge (or portion thereof) shall cease.

(5) (a) An amount payable to a local authority on foot of a charge made under subsection (1) shall be payable either in advance or in such instalments payable on or by such dates as the authority shall determine, and, in default of being paid within two months of becoming payable, may be recovered by the authority as a simple contract debt in any court of competent jurisdiction.

(b) In any proceedings by a local authority pursuant to this subsection a certificate purporting to be signed by an officer of the authority authorised by it for purposes of this subsection and stating any matters relating to the liability of the defendant in the proceedings to pay an amount due on foot of a charge made under this section shall be sufficient evidence of those matters until the contrary is shown.

(c) Such a certificate shall be admitted in evidence in those proceedings without proof of the signature on it, that the signatory was an officer of the authority concerned or that he or she was authorised by it for the purposes of this subsection.

(d) The Minister may make regulations in relation to form and content of the certificate referred to in paragraph (b).

(6) For the avoidance of doubt, subsection (5) authorises a local authority to determine that an amount referred to in that subsection shall be payable in advance of the particular occasion on which a waste service provided by it on a regular basis is provided to a person or in respect of premises and, in particular, that the amount so payable shall be the amount it determines should be payable in respect of each occasion of the service being provided by it.

(7) Where a sum is due to a local authority by a person in respect of a charge made under subsection (1) and, at the same time, another sum is due by that authority to that person, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.

(8) Notwithstanding the provisions of any order made under any other enactment, the making of a charge in respect of the provision of a waste service and any exercise of the power of waiver under subsection (3) shall each be an executive function.

(9) A local authority shall not, by resolution, under section 140 of the Local Government Act 2001 give a direction or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, this section and any such resolution purporting to be passed under the said section 140 which contravenes this subsection shall be void.

(10) (a) The manager of a local authority may make an order prescribing that waste placed for the purposes of its being collected by or on behalf of the local authority shall bear evidence, in such a manner or form as is provided in the order, of the payment of any charge that has been made under this section in respect of the collection of the waste.

(b) In so far as there is any inconsistency between the provisions of an order under this subsection and bye-laws made by the local authority concerned under section 35(1) the provisions of the order shall prevail.

(c) The manager of a local authority may by order amend or revoke an order made by him or her under this subsection (including an order under this paragraph).

(11) In this section—

‘dwelling’ includes a part of any premises let as a separate dwelling, whether or not the person to whom it is let shares with any other person any accommodation, amenity or facility in connection therewith or any other portion of the premises;

‘owner’ means, in relation to a premises, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let.”.

Transitional provisions relating to waste licences.

53. —The following section is inserted after section 75 (inserted by section 52 of this Act) of the Act of 1996:

“Transitional provisions consequent on Protection of the Environment Act 2003.

76.—(1) Every waste licence and revised waste licence granted under this Act and in force immediately before the commencement of section 53 of the Protection of the Environment Act 2003 shall, without prejudice to subsections (3) and (4), section 49 and the other provisions of this Act, continue in force; for the avoidance of doubt, the provisions of this Act as they stand amended by the Protection of the Environment Act 2003, and not as they stood before such amendment, shall apply to such a waste licence.

(2) Every application made under this Act for a waste licence, or the review of a waste licence or a revised waste licence, and every review of a waste licence or revised waste licence commenced by the Agency of its own volition under this Act and not finally dealt with and determined or completed before the commencement of section 53 of the Protection of the Environment Act 2003, shall continue to be dealt with by the Agency, and be determined or completed by it, as if the application were an application for a waste licence, or the review of a waste licence or a revised waste licence under this Act as it stands amended by the Protection of the Environment Act 2003 or, as the case may be, the review were a review commenced by the Agency of its own volition under this Act as it stands so amended.

(3) The Agency shall, not later than 30 September 2007, have done the following (which, by virtue of this subsection, it has the power to do)—

(a) examined the terms of every waste licence and revised waste licence to which subsection (1) applies and for the time being in force and determined whether, having regard to the provisions of Council Directive 96/61/EC of 24 September 1996 and subsection (4), the waste licence or revised waste licence requires to be reviewed under this Part or be the subject of the exercise of the powers conferred by subsection (4), and

(b) if—

(i)   it has determined that the waste licence or revised waste licence requires to be so reviewed, commenced such a review and exercised the powers conferred on it by this Part consequent on such a review, or

(ii)   it has determined that the waste licence or the revised waste licence does not require to be so reviewed and subsection (4) does not apply and, accordingly, that no further action is required, declared in writing that it is of that opinion.

(4) If the bringing into conformity with Council Directive 96/61/EC of 24 September 1996 of a waste licence or revised waste licence to which subsection (1) applies can, in the opinion of the Agency, be achieved by amending one or more conditions of the licence (and the making of those amendments will not significantly alter the character of the licence) then, unless the Agency considers it ought nevertheless, in the public interest or because of other special considerations, carry out the review and exercise the powers referred to in subsection (3)(b)(i)   in relation to the licence, the Agency shall have made, not later than 30 September 2007, those amendments of the conditions of the waste licence or revised waste licence (which, by virtue of this subsection, it has power to do).”.

Substitution of new Third Schedule to Act of 1996.

54. —The Schedule set out in Schedule 3 to this Act is substituted for the Third Schedule to the Act of 1996.

Substitution of new Fourth Schedule to Act of 1996.

55. —The Schedule set out in Schedule 4 to this Act is substituted for the Fourth Schedule to the Act of 1996.

1 O.J. No. L257, 10.10.1996, p.26.

2 O.J. No. L269, 21.10.2000, p.34.

3 O.J. No. L332, 28.12.2000, p.91.

1 O.J. No. L182. 16.07.1999, p.1.