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10 1996

WASTE MANAGEMENT ACT, 1996

PART II

Waste Management Planning

Waste management plans.

22. —(1) In this section—

relevant period” means the period beginning on the date of making of the waste management plan concerned or, as the case may be, the date on which the last review of the said plan under subsection (4) was completed and ending on the date on which the local authority or authorities concerned expect to complete or, as may be appropriate, to next complete, a review of the plan under that subsection;

waste management plan” includes, where the context admits, a replacement waste management plan under subsection (4).

(2) Subject to subsection (3)and section 24 , each local authority shall, not later than such date as may be prescribed, make a plan (in this Act referred to as a “waste management plan”) with regard to—

(a) the prevention, minimisation, collection, recovery and disposal of non-hazardous waste within its functional area, and

(b) the matters specified in subsection (8) in relation to hazardous waste so far as they relate to its functional area.

(3) Two or more local authorities may, in lieu of each of them making a waste management plan, jointly make a plan (in this Act also referred to as a “waste management plan”) as respects their functional areas (but not later than the date referred to in subsection (2)) with regard to the matters specified in paragraphs (a) and (b) of the said subsection.

(4) A local authority or, in the case of a waste management plan under subsection (3), the two or more local authorities concerned, shall review a waste management plan made by it or them from time to time as occasion may require and at least once in each period of 5 years after the date of making of the plan and may, consequent on such a review, make in accordance with section 23 any variations to the plan or replace it by a new waste management plan as it or they thinks or think fit.

(5) A local authority shall, before it commences the preparation of any of the following, namely, a waste management plan under subsection (2) or (3), a variation of, or a replacement for, such a plan under subsection (4)or a replacement for such a plan in compliance with a requirement made by the Minister under section 24 , cause notice of its intention to commence such preparation to be published in a newspaper circulating in its functional area and such a notice shall state that written representations in relation to the matter may be made to the local authority within a specified period, being a period of not less than 2 months from the date of publication of the notice.

(6) A waste management plan shall, in respect of non-hazardous waste, contain such objectives as seem to the local authority or local authorities concerned to be reasonable and necessary—

(a) to prevent or minimise the production or harmful nature of waste,

(b) to encourage and support the recovery of waste,

(c) to ensure that such waste as cannot be prevented or recovered is disposed of without causing environmental pollution, and

(d) to ensure in the context of waste disposal that regard is had to the need to give effect to the polluter pays principle,

and shall specify such measures or arrangements as are to be taken or entered into by the local authority or local authorities, with a view to securing the objectives of the plan.

(7) Without prejudice to the generality of subsection (6), a waste management plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—

(a) the policies and objectives, and the priorities respectively assigned to them, of the local authority or authorities concerned in relation to assisting the prevention and minimisation of waste and in relation to the management generally of activities carried on by it or them or other persons as respects the collection, recovery and disposal of waste within its or their functional area or areas;

(b) the measures which—

(i) will be taken during the relevant period by the local authority or authorities concerned, and

(ii) in so far as the local authority or authorities concerned can determine, will or may be taken during the relevant period by persons other than such authority or authorities,

for the purpose of preventing or minimising the production of waste;

(c) the type, quantity and origin of waste which the local authority or authorities concerned expect to arise during the relevant period in its or their functional area or areas for collection; recovery or disposal;

(d) the type and quantity of waste which the local authority or authorities concerned expect to be transported into, or out of, its or their functional area or areas for recovery or disposal during the relevant period;

(e) facilities, plant and equipment which the local authority or authorities concerned expect to be available or, in its or their opinion, will be required to be available for the collection, recovery or disposal of waste in its or their functional area or areas during the relevant period and matters relevant to the selection of sites in respect of facilities aforesaid;

(f) general requirements of a technical or other nature applicable to the collection, recovery and disposal of waste and the aftercare of facilities used for the disposal of waste;

(g) the steps to be taken generally by the local authority or authorities concerned to enforce the provisions of this Act in its or their functional area or areas;

(h) the identification of sites at which waste disposal or recovery activities have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, measures proposed to be taken, or, where such an assessment has already been made measures taken, in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and measures proposed to be taken, or, where such measures have already been identified, measures taken, to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;

(i) any incidental and ancillary matters;

(j) such other matters as may be prescribed.

(8) There shall be included in a waste management plan, but separate from the other information contained in the plan, information as respects the implementation of measures consequential on, or incidental to, the provisions of the hazardous waste management plan or any recommendations made by the Agency under section 26 (6).

(9) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a waste management plan.

(10) The making, review, variation or replacement of a waste management plan shall be a reserved function.

(11) In making or reviewing a waste management plan, the local authority or authorities concerned shall have regard to the proper planning and development of its or their functional area or areas and shall, for this purpose, have regard to the provisions of—

(a) the development plan or plans and any special amenity area order made under the Act of 1963,

(b) a water quality management plan made under the Local Government (Water Pollution) Acts, 1977 and 1990, and

(c) an air quality management plan made under the Air Pollution Act, 1987 ,

for the time being in force in relation to the said area or areas.

(12) A local authority shall take such steps as are appropriate and necessary to attain in relation to its functional area the objectives in a waste management plan made by the authority (whether such plan has been made by the authority or jointly by the authority with another local authority or other local authorities).

(13) The corporation of a borough (not being a county borough) or the council of an urban district shall, in the performance by it of any functions in relation to waste management, have regard to the provisions of a waste management plan made by the council of the county in whose functional area the borough or urban district is situate.

(14) Upon the making of a waste management plan by a local authority—

(a) any plan prepared under Article 4 (2) of the European Communities (Waste) Regulations, 1979, by that authority, or

(b) any special waste plan within the meaning of the European Communities (Toxic and Dangerous Waste) Regulations, 1982, prepared by that authority,

that is for the time being in force shall cease to have effect.

Publication of notices in relation to waste management plans and procedure on review of such plans.

23. —(1) Where a local authority proposes to make, under subsection (2) or (3) of section 22 , or to vary or replace under subsection (4) of that section, or to replace in compliance with a requirement made by the Minister under section 24 , a waste management plan (“the plan”), the local authority shall cause to be published in at least one newspaper circulating in its functional area a notice of the proposal to make, vary or replace, as the case may be, the plan, and shall submit a copy of the proposed plan or, as the case may be, the proposed variation of the plan, to the Minister, the Agency and such other persons as may be prescribed.

(2) A notice under subsection (1) shall state that—

(a) a copy of the proposed plan or, as the case may be, the proposed variation of the plan may—

(i) be inspected at a specified place and at specified times during a specified period, being a period of not less than 2 months from the time when the proposed plan or variation is deposited for inspection (and the proposed plan or variation shall be so deposited and made available for such inspection accordingly), and

(ii) be purchased from the local authority (and the proposed plan or variation shall be made available for such purchase accordingly (at a cost not exceeding the reasonable cost of making a copy));

(b) written representations in relation to the proposed plan or to the proposed variation of the plan made to the local authority within the period aforesaid will be taken into consideration by the local authority or authorities concerned before the making of the plan or, as the case may be, the variation of the plan (and any such representations shall be taken into consideration accordingly).

(3) The local authority or authorities concerned, having considered any representations duly made to it or each of them, as the case may be, within the relevant period under subsection (2), may make, vary or replace the plan (whether in the terms as originally proposed or with such amendments as it or they thinks or think fit).

(4) (a) A local authority which has made a plan under subsection (2) or (3) of section 22 shall furnish to a person, on request and, if the authority so requires, payment to it by the person of such reasonable fee as it may charge, a copy of, or extract from, the plan, within a period of 21 days of receipt by the authority of such request, or of payment of such fee as it may charge, whichever shall be the later.

(b) A document purporting to be a copy of a plan or to be an extract from a plan and to be certified by an officer of a local authority which made the plan under subsection (2) or (3) of section 22 as a true copy shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he or she was in fact such an officer.

(c) Evidence of a plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

Power of Minister in relation to waste management plans.

24. —The Minister may, after consultation with the local authority or authorities concerned—

(a) require that two or more local authorities jointly make a waste management plan under section 22 (3),

(b) require that the making of waste management plans, whether under subsection (2) or (3) of section 22 , by two or more local authorities be co-ordinated in such manner and in relation to such matters as the Minister may specify, and

(c) require a local authority or, as the case may be, two or more local authorities, to vary (whether by addition or deletion) a waste management plan made by it or them in such manner as the Minister may specify or to replace the plan by a new waste management plan,

and the local authority or authorities shall comply with any such requirement of the Minister.

Duty of local authority on making, varying or replacing a waste management plan.

25. —As soon as may be after a local authority or, as the case may be, two or more local authorities, has or have made, varied or replaced a waste management plan, the local authority or, as the case may be, one of the local authorities, shall transmit a copy of the plan or variation or the new plan, as the case may be, to the Minister, the Agency and such other persons as may be prescribed.

Hazardous waste management plan.

26. —(1) The Agency shall, as soon as may be after the commencement of this section, but not later than such date as may be prescribed, make a national plan (in this Act referred to as “the hazardous waste management plan”) with regard to—

(a) the prevention and minimisation of hazardous waste,

(b) the recovery of hazardous waste,

(c) the collection and movement of hazardous waste, and

(d) the disposal of such hazardous waste as cannot be prevented or recovered.

(2) The hazardous waste management plan shall have regard to, and incorporate such information contained in, any waste management plan as the Agency considers appropriate and shall—

(a) describe the type, quantity and origin of hazardous waste arising in the State, the movement of hazardous waste within, into or out of the State, and facilities available for the collection, recovery or disposal of such waste in the State, and such description shall indicate the likely position with respect to each of those matters for such period after the making or review under subsection (3) of the plan as the Agency thinks appropriate;

(b) specify objectives and, where appropriate, targets which in the opinion of the Agency are practicable or desirable in relation to the prevention and minimisation of the production of hazardous waste, the minimisation of the harmful nature of such waste and the recovery or disposal of such waste, over such periods as may be specified;

(c) provide for, as appropriate, the identification of sites at which waste disposal activities, being activities that to a significant extent involved hazardous waste, have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, the taking or recommendation of measures in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and the recommendation of measures to be taken to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;

(d) have regard to the need to give effect to the polluter pays principle;

(e) have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution;

(f) make recommendations, as respects the management of hazardous waste, regarding—

(i) priorities, measures or programmes which could be pursued,

(ii) infrastructure, waste facilities or other physical resources considered by the Agency to be necessary throughout the State or in any area of the State,

(iii) the functions of any relevant public authorities;

(g) specify policies which the Agency proposes to pursue, having regard to its functions under this Act or any other enactment.

(3) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 5 years after the date of making of the hazardous waste management plan, review the plan and make such revisions thereto as it thinks fit and references in this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.

(4) (a) The Agency shall cause to be published in at least one national newspaper—

(i) a notice of its intention to make the hazardous waste management plan,

(ii) where it has carried out a review of that plan and proposes to revise the plan consequent on such a review, a notice of that proposal,

and shall furnish a copy of the plan or, as the case may be, the proposed revision of the plan to the Minister, each local authority and such other persons as may be prescribed.

(b) Subsections (2), (3) and (4) of section 23 shall apply in relation to the hazardous waste management plan and a notice aforesaid as those provisions apply in relation to a waste management plan and a notice under subsection (1) of section 23 with the following and any other necessary modifications, namely—

(i) references in those provisions to a plan and a proposed variation of a plan shall be construed, respectively, as references to the hazardous waste management plan and a proposed revision of that plan,

(ii) references in those provisions to varying or replacing a plan shall be construed as references to revising a plan,

(iii) references in those provisions to a local authority shall be construed as references to the Agency.

(5) A Minister of the Government, a local authority and any other public authority in whom are vested functions by or under any enactment in relation to the protection of the environment shall have regard to, and in so far as it is considered by that Minister of the Government, local authority or other public authority to be appropriate to do so, shall take measures to implement or otherwise give effect to, recommendations contained in the hazardous waste management plan.

(6) Without prejudice to subsection (5), the Agency may, having regard to the provisions of the hazardous waste management plan and the functions of local authorities in relation to the management of hazardous waste, make such recommendations to one or more local authorities as the Agency considers appropriate in relation to the effective management by it or them of hazardous waste, and such recommendations shall be regarded as having been issued under and in accordance with section 63 of the Act of 1992.

(7) For the purpose of the making or review of a hazardous waste management plan by the Agency, it shall be the duty of each local authority and any public authority referred to in subsection (5) to furnish to the Agency, on request being made by the Agency therefor, any relevant information which is available to, or may reasonably be obtained by, the local authority or public authority.

(8) Nothing in this Part shall be construed as requiring the Agency to provide, or assume a direct role in the provision of, any waste facilities, equipment or related resources or as imposing a duty on the Agency owed to any person to identify a site at which a waste disposal activity has been carried on or to do any other thing referred to in subsection (2) (c) in relation to such a site.

(9) Upon the making of the hazardous waste management plan or of any revisions thereto, the Agency shall—

(a) cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and

(b) furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the management of hazardous waste.