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Waste Mgmt Acts

Protection of the Environment Act 2003 (No. 27 of 2003)
Waste Management (Amendment) Act 2001 (No 36 of 2001)
 Waste Management Act 1996

These Acts can be accessed on http://www.irishstatutebook.ie/

Protection of the Environment Act 2003 (No. 27 of 2003)

This Act made a number of amendments to the 1996 Waste Management Act, but in relation to the primary purpose of the 2001 Amendment Act (re waste management plans), Section 26 provides that  the review , variation or replacement of  a waste management plan shall be an executive function.

Waste Management (Amendment) Act 2001 (No 36 of 2001)

The Waste Management (Amendment) Act, 2001 was enacted on 17 July, 2001 and its primary purpose was to provide a legal mechanism by which the first Regional Waste Management Plans could be made.

  • Section 4 of the Act, provides that the making of a waste management plan will become an executive (management) function, a change from the Waste Management Act 1996, where the power was a reserved (elected member) function.

The Act also provides for a levy on the landfill of waste, at an initial rate of not more than £15 (€19) per tonne.

Waste Management Act 1996

The Waste Management Act, 1996 was enacted in May, 1996. This Act was subsequently  amended by the Waste Management (Amendment) Act 2001 and the Protection of the Environment Act 2003. The main objectives of the Act are:

  • a more effective organisation of public authority functions in relation to waste management, involving new or redefined roles for the Minister, the EPA and local authorities,
  • enabling measures designed to improve performance in relation to the prevention and recovery of waste, and
  • a comprehensive regulatory framework for the application of higher environmental standards, in response to EU and national requirements.

EPA Responsibilities:

  • the making and regular review of a National Hazardous Waste Management Plan (NHWMP),
  • integrated licensing of all significant waste recovery and disposal activities, including all landfills;
  • the establishment and maintenance of a National Waste Database (1992 EPA Act),
  • development of criteria and procedures for the selection, management, operation and termination of use of landfill sites (1992 EPA Act),
  • authorisation of waste imports.

Major Local Authorities Responsibilities:

  • the making and regular review of waste management plans (WMPs) in relation to non-hazardous wastes,
  • authorisation and control of commercial waste collection activities (under forthcoming Regulations and using existing Bye-law powers),
  • authorisation of waste exports (TFS) and monitoring of internal movements of hazardous wastes,
  • authorisation of waste permitting of small scale recovery and disposal activities,
  • ensuring adequate waste collection, recovery and disposal arrangements in their functional areas,
  • general enforcement of 1996 Act (as amended)
  • monitoring and inspection of waste activities generally, and
  • application of nutrient management planning requirements.

The Minister's Responsibilities: 

  • issue policy direction to the EPA and local authorities regarding the more important aspects of waste management,
  • make regulations, particularly in relation to measures to promote waste prevention and recovery, and
  • promulgate a programme of in-house waste management for public authorities.