|
|
|
S.I. No. 113 of 2008
|
|
|
|
WASTE MANAGEMENT (REGISTRATION OF BROKERS AND DEALERS)
REGULATIONS 2008
|
|
|
|
INDEX
|
|
|
|
1.
Citation and commencement
|
|
|
|
2.
Purpose of Regulations
|
|
|
|
3.
Interpretation generally
|
|
|
|
4.
Designation of competent authority
|
|
|
|
5.
Register of Brokers and Dealers
|
|
|
|
6.
Duty of brokers and dealers to register with the competent authority
|
|
|
|
7.
Contents of an application for a certificate of registration
|
|
|
|
8.
Determination of an application for a certificate of registration
|
|
|
|
9.
Competent authority may impose conditions
|
|
|
|
10.
Renewal of certificate of registration
|
|
|
|
11.
Revocation of a certificate of registration
|
|
|
|
12.
Transfer of certificate of registration
|
|
|
|
13.
Duties of brokers and dealers
|
|
|
|
14.
Powers of the competent authority in relation to registered dealers and
brokers
|
|
|
|
15.
Duty to use only registered brokers and dealers
|
|
|
|
16.
Offences
|
|
|
|
17.
Legal proceedings
|
|
|
|
18.
Prosecutions and penalties
|
|
|
|
19.
Amendments to the Waste Management Act
|
|
|
|
20.
Amendments to Waste Licensing Regulations
|
|
|
|
21.
Amendments to Waste Management (Movement of Hazardous Waste) Regulations
|
|
|
|
22.
Amendments to Waste Management (Shipments of Waste) Regulations
|
|
|
|
SCHEDULE 1
|
|
|
|
Statutory Declaration
|
|
|
|
SCHEDULE 2
|
|
|
|
Offences to be disclosed
|
|
|
|
S.I. No. 113 of 2008
|
|
|
|
WASTE MANAGEMENT (REGISTRATION OF BROKERS AND DEALERS)
REGULATIONS 2008
|
|
|
|
Notice of the making of this Statutory Instrument was
published in
|
|
|
|
“Iris
Oifigiúil” of
25th April, 2008.
|
|
|
|
WHEREAS,
I, JOHN GORMLEY, Minister for the Environment,
Heritage and Local Government, having regard to section 3(3) of the European
Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European
Communities Act 2007 ) (No. 18 of 2007), consider it necessary for the
purpose of giving effect to the provisions of Directive 2006/12/EC of the
European Parliament and of the Council of 5 April 2006 1 and for the purpose of giving further
effect to Regulation (EC) No. 1013 of the European Parliament and of the
Council of 14 June 2006 2 ,
Council Directive 1999/31/EC of 26 April 1999 3 and Directive 2003/35/EC of the European Parliament and of
the Council of 26 May 2003 4 to
make provision for offences under the following regulations to be prosecuted
on indictment:
|
|
|
|
AND
WHEREAS, I consider that it is necessary, having further regard to section
3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section
2 of the European Communities Act 2007 ) (No. 18 of 2007), for the purpose
of ensuring that penalties in respect of an offence prosecuted in that
manner under the following regulations are effective, proportionate and have
a deterrent effect, having regard to the acts or omissions of which the
offence consists, to make such provision in the following regulations:
|
|
|
|
NOW
THEREFORE, I, JOHN GORMLEY, Minister for the
Environment, Heritage and Local Government, in exercise of the powers
conferred on me by section 7 of the Waste Management Act, 1996 (No. 10 of
1996) and section 3 of the European Communities Act, 1972 (No. 27 of 1972),
as amended by section 2 of the European Communities Act 2007 (No. 18 of
2007), and for the purpose of giving effect to Directive 2006/12/EC of the
European Parliament and of the Council of 5 April 20061 and for
the purpose of giving further effect to Regulation (EC) No. 1013 of the
European Parliament and of the Council of 14 June 20062, Council
Directive 1999/31/EC of 26 April 19993 and Directive 2003/35/EC
of the European Parliament and of the Council of 26 May 20034
hereby makes the following Regulations:
|
|
|
|
Citation
and commencement
|
|
|
|
1.
(1) These Regulations may be cited as the Waste Management (Registration of
Brokers and Dealers) Regulations 2008.
|
|
|
|
(2) These Regulations shall come into effect on 1 July
2008.
|
|
|
|
Purpose
of Regulations
|
|
|
|
2.
The purposes for which these Regulations are made include the purpose of
giving effect to provisions of:
|
|
|
|
(1) Directive 2006/12/EC of the European Parliament and
of the Council of 5 April 2006 on waste 1 ,
|
|
|
|
(2) Regulation (EC) No. 1013 of the European Parliament
and of the Council of 14 June 2006 on shipments of waste 2 (in these Regulations referred to as the TFS Regulation),
|
|
|
|
(3) Council Directive 1999/31/EC of 26 April 1999 on the
landfill of waste 3 ,
|
|
|
|
(4) Directive 2003/35/EC of the European Parliament and
of the Council of 26 May 2003 providing for public participation in respect
of the drawing up of certain plans and programmes relating to the
environment and amending with regard to public participation and access to
justice Council Directives 85/337/EEC and 96/61/EC 4 .
|
|
|
|
Interpretation
generally
|
|
|
|
3.
(1) A word or expression that is used in these Regulations and is also used
in the TFS Regulation has, unless the contrary
intention appears, the meaning in these Regulations that it has in the TFS Regulation.
|
|
|
|
(2) In these Regulations—
|
|
|
|
(a)
any reference to a Regulation, Schedule or paragraph, which is not otherwise
identified, is a reference to a Regulation or Schedule of these Regulations
or to a paragraph of the provision in which the reference occurs;
|
|
|
|
(b)
“Act” means the Waste Management Act, 1996 (No. 10 of 1996) as amended by
the Waste Management (Amendment) Act, 2001 (No. 36 of 2001), Part 3 of the Protection
of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management
(Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 290 of
2005), and the Waste Management (Environmental Levy) (Plastic Bag) Order
2007 ( S.I. No. 62 of 2007 );
|
|
|
|
(c)
“Agency” means the Environmental Protection Agency established under section
19 of the Environmental Protection Agency Act, 1992 ;
|
|
|
|
(d)
“broker” means any person arranging the recovery or disposal of waste on
behalf of others and includes those brokers who do not take physical
possession of the waste;
|
|
|
|
(e)
“competent authority” means that body designated as such pursuant to
Regulation 4;
|
|
|
|
(f)
“dealer” means anyone who acts in the role of principal to purchase and
subsequently sell waste and includes those dealers who do not take physical
possession of the waste.
|
|
|
|
Designation
of competent authority
|
|
|
|
4.
(1) Dublin City Council is designated as the competent authority under
Article 6 of Directive 2006/12/EC of the European Parliament and of the
Council of 5 April 2006 on waste 1 (hereafter referred to as the competent authority) for the
purposes of Article 12 of that Directive. It shall be responsible for the
registration of dealers and brokers pursuant to these Regulations and for
such purposes shall operate both within and outside its functional area.
|
|
|
|
(2) The powers and functions conferred on the competent
authority pursuant to these Regulations may be performed on its behalf by
any authorised officer duly appointed in writing pursuant to Regulation
4(3).
|
|
|
|
(3) For the purposes of these Regulations, “authorised
officer” means a person appointed in writing by either:—
|
|
|
|
(a)
the competent authority, or,
|
|
|
|
(b)
the Commissioner of An Garda Síochána
(or a member of An Garda Síochána
nominated by that Commissioner for the purposes of appointing authorised
officers under these Regulations)
|
|
|
|
to be an authorised officer for the purposes of
these Regulations.
|
|
|
|
(4) Without prejudice to the powers conferred on the
competent authority or its authorised officers by these Regulations, it is
declared that the provisions of section 14 of the Act, subject to any
modifications or adaptations as may be required, shall apply in relation to
these Regulations.
|
|
|
|
Register
of brokers and dealers
|
|
|
|
5.
(1) The competent authority shall enter particulars of all brokers and
dealers registered by it pursuant to these Regulations in the register
established and maintained by it (in its capacity as a local authority)
pursuant to section 19 of the Act.
|
|
|
|
(2) For the purposes of Regulation 5(1), the competent
authority may prescribe the information to be entered therein, and the form
and manner in which such information shall be entered and maintained, which
information shall include, but not necessarily be limited to, the name and
address of the broker or dealer to whom a certificate of registration has
issued.
|
|
|
|
(3) All entries and additions made by the competent
authority to the register referred to in Regulation 5(1) for the purposes of
these Regulations are prescribed for the purposes of section 19 of the Act.
|
|
|
|
Duty
of brokers and dealers to register with the competent authority
|
|
|
|
6.
Subject to the provisions of Regulation 7, each broker or dealer shall apply
for registration to the competent authority not later than 30 June 2008 or
the date of commencement of business whichever is the later.
|
|
|
|
Contents
of an application for a certificate of registration
|
|
|
|
7.
(1) Without prejudice to Regulation 7(2), an application for registration
under Regulation 6 shall be made in writing in such form as may be
determined by the competent authority and shall require from each broker or
dealer (hereafter referred to as the applicant) such information or material
or both as may be prescribed by the competent authority which may inter alia include:—
|
|
|
|
(a)
the full name of the applicant,
|
|
|
|
(b)
all business names used or proposed to be used by the applicant in the
course of any business, trade or occupation carried out by him,
|
|
|
|
(c)
the address of the applicant’s principal place of business and, where
applicable, the applicant’s telephone number, telefax
number and e-mail address,
|
|
|
|
(d)
if the applicant is a partnership, the name and address of each partner,
|
|
|
|
(e)
if the applicant is a body corporate, the address of its registered office
and the name and address of any person who is a director, manager, company
secretary or other similar officer of the body corporate,
|
|
|
|
(f)
if the applicant is resident outside of the State, the address of the
applicant’s principal place of business within the State,
|
|
|
|
(g)
details of all waste customarily dealt with by the applicant,
|
|
|
|
(h)
details of any offence of which the applicant has been convicted contrary to
those enactments listed in Schedule 2 within the period of ten years prior
to the date of any application pursuant to this Regulation, including
details of the court that imposed the conviction together with details of
all penalties and sanctions incurred,
|
|
|
|
(i) details of any requirement imposed on the
applicant by order of a court pursuant to sections 57 or 58 of the Act.
|
|
|
|
(2)
(a) Where the applicant is a body corporate, the information to be
provided pursuant to Regulation 7(1)(f) and 7(1)(i)
shall include such information in relation to both the applicant and:—
|
|
|
|
(i) each director, manager, company secretary or other
similar officer of the applicant, and
|
|
|
|
(ii)
if applicable, each body corporate in which any director, manager, company
secretary or other similar officer of the applicant is or has been at any
time during the period of ten years prior to the date of any application
pursuant to this Regulation, a director, manager, company secretary or other
similar officer.
|
|
|
|
(b)
Where the applicant is a natural person or a partnership, the information to
be provided pursuant to Regulation 7(1)(f) and 7(1)(i) shall include such information in relation to
both the applicant and any body corporate, if applicable, in which the
applicant or any partner of the applicant, as the case may be, is, or has
been, at any time during the period of ten years prior to the date of any
application pursuant to this Regulation, a director, manager, company
secretary or other similar officer.
|
|
|
|
(3) An application pursuant to Regulation 7(1) shall be
accompanied by such information or material or both as may be prescribed by
the competent authority, which may inter alia
include:—
|
|
|
|
(a)
a statutory declaration, in the form as set out in Schedule 1, signed by the
applicant or, where the applicant is a partnership, each partner, or where
the applicant is a body corporate, a director, manager, company secretary or
other similar officer of the applicant,
|
|
|
|
(b)
where the applicant is a body corporate, a copy of the applicant’s
certificate of incorporation, certified by the Registrar of Companies under
section 370(1)(b) of the Companies Act,
1963 (No. 33 of 1963) or where the applicant is incorporated
outside the State, the equivalent certificate from the appropriate authority
of that State,
|
|
|
|
(c)
where the applicant carries on business under a name other than that of the
applicant, a copy of a certificate of registration under the Registration of
Business Names Act, 1963 (No. 30 of 1963) certified in accordance
with section 16(1)(b) of that Act,
|
|
|
|
(d)
where the applicant’s principal place of business is outside of this State,
confirmation from the competent authority or authorities of that State (who
have been designated as such under Article 53 of the TFS
Regulation or from any equivalent authority if the applicant’s principal
place of business is outside the European Community) of the applicant’s
registration or authorisation under the relevant legislation in that State,
|
|
|
|
(e)
the appropriate fee as prescribed by the competent authority.
|
|
|
|
(4) Any applicant who makes any false or misleading
statement in any application under this Regulation or in any document
required thereunder or who otherwise provides
false or misleading information to the competent authority is guilty of an
offence.
|
|
|
|
Determination
of an application for certificate of registration
|
|
|
|
8.
(1) Subject to Regulations 8(2), 8(3) and 9, the competent authority shall
issue to each broker or dealer a certificate of registration in such form
and manner and containing such information as it may prescribe which shall
be valid for such period as may be specified by it but which shall not
exceed five years and shall enter particulars of that broker or dealer in
the register referred to in Regulation 5(1).
|
|
|
|
(2) The competent authority shall refuse an application
for registration or for renewal of registration, as the case may be, of any
broker or dealer where:—
|
|
|
|
(a)
the broker or dealer has failed to provide all information or material, or
both, required for the purposes of an application for registration or for
renewal of registration pursuant to these Regulations,
|
|
|
|
(b)
it is satisfied that the broker or dealer is not a fit and proper person, or
|
|
|
|
(c)
in its opinion, based on the information at its disposal, the broker or
dealer is likely to cause environmental pollution or to contravene either
the TFS Regulation or these Regulations.
|
|
|
|
(3) For the purposes of this Regulation, a broker or
dealer shall be regarded as a fit and proper person if—
|
|
|
|
(a)
neither the broker or dealer has been convicted of an offence under the Act,
the Environmental Protection Agency Acts 1992 and 2003, the Local Government
(Water Pollution) Acts 1977 and 1990, the Air Pollution
Act, 1987 or any enactment specified in Schedule 2,
|
|
|
|
(b)
in the opinion of the competent authority, either the broker or dealer or
any person or persons employed by him has the requisite knowledge or
qualifications to carry on the activity to which a certificate of
registration will relate,
|
|
|
|
(c)
in the opinion of the competent authority, the broker or dealer is likely to
be in a position to meet any financial commitments or liabilities that the
competent authority reasonably considers may arise, in particular any take
back obligations of waste either under Chapter 4 of the TFS
Regulation or otherwise.
|
|
|
|
(4) The competent authority may, if it considers it
proper to do so in any particular case, regard any broker or dealer as a fit
and proper person for the purposes of these Regulations, notwithstanding
that the broker or dealer concerned is not a person to whom Regulation 8(3)
applies.
|
|
|
|
Competent
authority may impose conditions
|
|
|
|
9.
The competent authority shall attach to each certificate of registration
issued by it pursuant to Regulation 8(1) or Regulation 10(3), as the case
may be, such conditions as it deems necessary to:—
|
|
|
|
(1) give effect to the provisions of the Community Acts
specified in Regulation 2,
|
|
|
|
(2) ensure the protection of the environment or in order
to prevent an illegal shipment or both,
|
|
|
|
(3) require the maintenance of adequate records by the
broker or dealer, and,
|
|
|
|
(4) ensure the provision of data from the broker or
dealer to the competent authority for waste movement data collection or the
monitoring of such waste movements by it.
|
|
|
|
Renewal
of certificate of registration
|
|
|
|
10.
(1) A certificate of registration shall be valid from the date of
registration to such date as may be specified by the competent authority
pursuant to Regulation 8(1).
|
|
|
|
(2) An application for renewal of registration shall be
made in writing before the expiration of the period of validity of
registration in such form as may be determined by the competent authority
and shall require from each broker or dealer such information or material,
or both, as may be prescribed by the competent authority which shall include
inter alia such information or material, or
both, prescribed for the purposes of an application for registration
pursuant to Regulation 7.
|
|
|
|
(3) Subject to Regulations 8(2), 8(3) and 9, the
competent authority shall issue to each broker or dealer a renewed
certificate of registration in such form and manner and containing such
information as it may prescribe which shall be valid for such period as may
be specified by it but which shall not exceed five years and shall enter or
add, as necessary, particulars of that broker or dealer in the register
referred to in Regulation 5(1).
|
|
|
|
(4) Where a broker or dealer fails to apply for renewal
of registration in accordance with this Regulation, the competent authority
shall, upon the expiration of the applicable registration period, inform
that person, by notice in writing, that the broker or dealer shall be
removed from the register within one month from the date of such notice
unless an application is received for renewal of registration pursuant to
this Regulation.
|
|
|
|
(5) Where a broker or dealer fails to apply for renewal
of registration in accordance with Regulation 10(4), the competent authority
shall remove the broker’s particulars from the register referred to in
Regulation 5.
|
|
|
|
Revocation
of a certificate of registration
|
|
|
|
11.
(1) The competent authority may revoke a certificate of registration and
remove particulars of that broker or dealer from the register referred to in
Regulation 5(1) if, in the opinion of the competent authority:—
|
|
|
|
(a)
the broker or dealer is no longer a fit and proper person,
|
|
|
|
(b)
the broker or dealer is in contravention of the conditions of the
certificate of registration granted by the competent authority,
|
|
|
|
(c)
the broker or dealer is likely, by a continuation of his, her or its
activities, to cause environmental pollution,
|
|
|
|
(d)
the broker or dealer is participating in, or facilitating, a shipment of
waste which is contrary to either or both the provisions of the TFS Regulation and these Regulations, or
|
|
|
|
(e)
the broker or dealer has failed to comply with any obligation or duty
imposed upon him, her or it pursuant to either these Regulations, the TFS Regulation or any other enactment.
|
|
|
|
(2) Where the competent authority proposes to revoke a
certificate of registration pursuant to Regulation 11(1) or to refuse an
application for registration or for renewal of registration pursuant to
Regulation 8(2) the competent authority shall:—
|
|
|
|
(a)
notify all persons concerned in writing of the proposal and of the reasons therefor,
|
|
|
|
(b)
notify that person in writing that he, she or it, or a person acting on his,
her or its behalf, may make representations to the competent authority in
relation to the proposal within 14 days of the issue of the notification,
and
|
|
|
|
(c)
consider any such representations duly made before deciding whether or not
to proceed with the proposal.
|
|
|
|
(3) Where the competent authority decides to proceed
with the proposal and to revoke a certificate of registration or to refuse
an application for registration or for renewal of registration, as the case
may be, it shall, as soon as may be after making a decision to revoke any
certificate of registration or to refuse an application for registration or
for renewal of registration, give notice in writing of the decision and the
reasons for the decision to the holder of the certificate of registration or
to any person concerned by the decision, as the case may be, together with
any local authority concerned and where the activity involves the collection
of hazardous waste, to the Agency.
|
|
|
|
(4) Where the competent authority decides to refuse an
application for registration or for renewal of registration or to revoke a
certificate of registration previously granted by it pursuant to these
Regulations, either the applicant for such certificate of registration or
the former holder of any certificate of registration as the case may be, may
within 30 working days of notification of the decision, appeal to the judge
of the District Court in whose District Court area the applicant carries on
business.
|
|
|
|
(5) On the hearing of an appeal under Regulation 11(4),
the Court may either confirm or vary the decision or allow the appeal.
|
|
|
|
Transfer
of certificate of registration
|
|
|
|
12.
(1) A certificate of registration (hereafter referred to as ‘the
certificate’) may be transferred from a broker or dealer to another person
in accordance with this Regulation.
|
|
|
|
(2) Where a broker or dealer wishes to transfer the
certificate to another person (hereafter referred to as ‘the proposed
transferee’), both the broker or dealer and the proposed transferee shall
jointly make an application to the competent authority requesting that such
a transfer be effected by it.
|
|
|
|
(3) An application under Regulation 12(2) shall be made
in such form and manner and include such information as may be prescribed by
the competent authority.
|
|
|
|
(4) The competent authority may require the provision of
further information from either the broker or dealer or the proposed
transferee as it considers appropriate for the purposes of considering an
application pursuant to this Regulation.
|
|
|
|
(5) If, on consideration of an application under
Regulation 12(2), and any relevant information provided in respect thereof,
the competent authority is satisfied—
|
|
|
|
(a)
that the proposed transferee would, if he or she were an applicant for
registration pursuant to these Regulations, be regarded by it as a fit and
proper person pursuant to Regulation 8(3) and,
|
|
|
|
(b)
that the proposed transferee has complied with any requirements as may be
prescribed by the competent authority,
|
|
|
|
it shall effect a transfer of the certificate
to the proposed transferee in such manner as may be prescribed by it.
|
|
|
|
Duties
of brokers and dealers
|
|
|
|
13.
(1) Each broker and dealer who has been registered by the competent
authority pursuant to these Regulations shall:—
|
|
|
|
(a)
compile and maintain records of the types and quantities of waste dealt with
in the course of business, the origin and final destination of such waste,
the treatment, recovery or disposal activities to which the waste is subject
and, the person by whom such waste is collected,
|
|
|
|
(b)
notify the competent authority when convicted of an offence contrary to the
provisions of those enactments specified in Schedule 2,
|
|
|
|
(c)
make available to the competent authority, within ten working days, records
as required under paragraph (a),
|
|
|
|
(d)
furnish such information in relation to the collection and movement of waste
in such form and at such frequency as may be specified by the competent
authority.
|
|
|
|
(2) The records referred to in Regulation 13(1) shall be
retained for a period of not less than five years.
|
|
|
|
Powers
of the competent authority in relation to registered dealers and brokers
|
|
|
|
14.
(1) The competent authority shall carry out appropriate periodic inspections
of registered brokers and dealers.
|
|
|
|
(2) The competent authority shall provide such
information on registered brokers and dealers as required by the Agency.
|
|
|
|
(3) Information provided to the competent authority
under either article 18 of the TFS Regulation,
these Regulations or the Waste Management (Shipments of Waste) Regulations
2007 ( S.I. No. 419 of
2007 ) shall, where the competent authority considers it
appropriate in the interests of business confidentiality, be treated as
confidential. In such circumstances the competent authority may specify the
information to be made available to the authority (which shall be treated as
confidential) and the non-confidential information to be included in Annex
VII of the TFS Regulation when accompanying
shipments.
|
|
|
|
(4) For the purposes of this Regulation, “registered
brokers and dealers” means any broker or dealer who has been issued with a
certificate of registration by the competent authority pursuant to
Regulation 8(1) or Regulation 10(3) as the case may be.
|
|
|
|
Duty
to use only registered brokers and dealers
|
|
|
|
15.
Any person who arranges the shipment of waste the subject of the TFS Regulation, these Regulations or the Waste
Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 )
or who facilitates the movement or transfer of waste within the State is
required to make such arrangements or facilitate such movements or transfers
of waste with only those brokers or dealers who may produce on demand being
made to them a valid certificate of registration.
|
|
|
|
Offences
|
|
|
|
16.
(1) Any person who contravenes any provision of these Regulations shall be
guilty of an offence.
|
|
|
|
(2) Any person who fails to comply with a requirement,
obligation or condition imposed by the competent authority in a certificate
of registration issued under these Regulations shall be guilty of an
offence.
|
|
|
|
Legal
proceedings
|
|
|
|
17.
Copies of all notification and movement documents, consents, certificates,
or contracts required by the TFS Regulations and
these Regulations and purporting to be certified by an officer of the
competent authority to be true copies without proof of signature of the
person purporting so to certify shall be received in evidence in any legal
proceedings, and be admissible in evidence and shall, until the contrary is
proved, be deemed to be a true copy of the entry and to be evidence of the
terms of the entry and in particular that information contained in those
documents shall be admissible in any criminal proceedings as evidence of any
fact therein of which direct oral evidence would be admissible.
|
|
|
|
Prosecutions
and penalties
|
|
|
|
18.
(1) A prosecution for a summary offence under these Regulations may be taken
by the competent authority.
|
|
|
|
(2) A person guilty of an offence under these
Regulations is liable—
|
|
|
|
(a)
on summary conviction, to a fine not exceeding €3,000, or imprisonment for a
term not exceeding 3 months, or both, or
|
|
|
|
(b)
on conviction on indictment, to a fine not exceeding €500,000, or
imprisonment for a term not exceeding 3 years, or both.
|
|
|
|
Amendments
to the Waste Management Act
|
|
|
|
19.
The Act shall have effect with the following specified modifications:
|
|
|
|
(1) in section 2
|
|
|
|
(a)
by inserting the following in the Table to that section:—
|
|
|
|
“Directive
2006/12/EC of the European Parliament and of the Council of 5 April 2006 on
waste 1 ”.
|
|
|
|
(b)
by substituting in the Table to that section “Regulation (EC) No 1013/2006
of the European Parliament and of the Council of 14 June 2006 on shipments
of waste 2 ” for “Council
Regulation (EEC) No.259/93 of 1 February, 1993 on the supervision and
control of shipments of waste within, into and out of the European Community
5 .”.
|
|
|
|
(2) in section 5
|
|
|
|
(a)
by substituting the following for the definition of “broker”:
|
|
|
|
“
‘broker’ means a person arranging the recovery or disposal of waste on
behalf of others and includes those brokers who do not take physical
possession of the waste,”.
|
|
|
|
(b)
by substituting the following for the definition of “dealer”:
|
|
|
|
“
‘dealer’ means a person who acts in the role of principal to purchase and
subsequently sell waste and includes those dealers who do not take physical
possession of the waste,”,
|
|
|
|
(c)
by deleting from the definition “environmental pollution”,
|
|
|
|
“,
to a significant extent, ”
|
|
|
|
(d)
by substituting the following for the definition of “holder”:
|
|
|
|
“
‘holder’ means the producer of the waste or the natural or legal person who
is in possession of it.”.
|
|
|
|
(3) by the addition in section 22 of subsection 8 bis
|
|
|
|
“8 bis. There shall be included in a waste management plan
sufficient information, in the form of criteria for site identification, to
enable the Environmental Protection Agency (when considering an application
for a waste licence) or a local authority (when considering an application
for a waste permit), to decide whether to grant to the applicant a waste
licence or a waste permit or refuse to grant to the applicant such a licence
or permit, for future waste recovery or disposal facilities.”.
|
|
|
|
Amendments
to Waste Licensing Regulations
|
|
|
|
20.
The Waste Management (Licensing) Regulations 2004 ( S.I. No 395 of 2004 )
are amended as follows:
|
|
|
|
(1) In Article 4(3) by the substitution of the following
for the definition of “inert waste”:—
|
|
|
|
“
‘inert waste’ means waste that does not undergo any significant physical,
chemical or biological transformations. Inert waste will not dissolve, burn
or otherwise physically or chemically react, biodegrade or adversely affect
other matter with which it comes into contact in a way likely to give rise
to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate
must be insignificant, and in particular not endanger the quality of surface
water and/or groundwater.”.
|
|
|
|
(2) In article 12 (1) by inserting after paragraph (t)
the following paragraph:—
|
|
|
|
“(t
bis) describe in outline the main alternatives, if
any, to the proposals contained in the application which were studied by the
applicant.”.
|
|
|
|
(3) In article 34(3), by the substituting of the
following paragraph for paragraph (3):
|
|
|
|
“(3)
A notification under sub-articles (1) and (2) shall be accompanied by;—
|
|
|
|
(a)
the content of the decision referred to, including a copy of the waste
licence and of any conditions and any subsequent updates. Where subsequent
updates are for the purposes of correcting any clerical errors or otherwise
as set out in section 42B of the Act, a notification may be made by the
Agency through a notice published in a newspaper circulating in the area or
areas in which the activity is or will be carried on; and
|
|
|
|
(b)
having examined the concerns and opinions expressed by the public concerned
under article 15, the reasons and considerations on which the decision is
based, including information on the public participation process.”.
|
|
|
|
Amendments
to Waste Management (Movement of Hazardous Waste) Regulations
|
|
|
|
21.
The Waste Management (Movement of Hazardous Waste) Regulations, 1998 ( S.I. No. 147 of 1998 )
are amended as follows:
|
|
|
|
(1) In article 2 by the substitution of the following
paragraph for paragraph (b):
|
|
|
|
“(b)
Regulation (EC) No. 1013/2006 of the European Parliament and of the Council
of 14 June 2006 on shipments of waste”,
|
|
|
|
(2) In article 6(2) by the substitution of the following
paragraph for paragraph (a):
|
|
|
|
“(a)
in relation to which there is in force a certificate issued under Regulation
7 of the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007
);”.
|
|
|
|
Amendments
to Waste Management (Shipments of Waste) Regulations
|
|
|
|
22.
The Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 )
are amended as follows:—
|
|
|
|
(1) In Regulation 4, by substituting the following for
Regulation 4(2):—
|
|
|
|
“(2)
For the purposes of these Regulations, ‘authorised officer’ means a person
who is appointed in writing by either:—
|
|
|
|
(a)
the competent authority, or,
|
|
|
|
(b)
the Commissioner of An Garda Síochána
(or a member of An Garda Síochána
nominated by that Commissioner for the purposes of appointing authorised
persons under these Regulations)
|
|
|
|
to
be an authorised officer for the purposes of these Regulations.”.
|
|
|
|
(2) In Regulation 5(2), by deleting “by it”, and,
|
|
|
|
(3) by inserting the following Regulation after
Regulation 8:—
|
|
|
|
“Prohibition/restriction
on the movement of waste
|
|
|
|
8bis.
Waste which is prohibited from being imported or exported or is subject to
any restriction on importation or exportation or otherwise restricted to
prior written notification pursuant to either these Regulations, the TFS Regulation or any other enactment is deemed to be so
prohibited or restricted for the purposes of the Customs Consolidation Act,
1876, the Customs Act,
1956 and the Customs
and Excise (Miscellaneous Provisions) Act, 1988 .”.
|
|
|
|
SCHEDULE 1 Statutory Declaration
|
|
|
|
I
declare that the information given in the application by for the purpose of
obtaining a certificate of registration is correct, and that no information,
which is required to be included in the said application, has been omitted.
|
|
|
|
I
make this solemn declaration conscientiously believing the same to be true
and by virtue of the Statutory Declarations, Act, 1938.
|
|
|
|
I
authorise Dublin City Council to make any enquiries from official sources as
it may consider necessary for the purpose of determining this application
and, pursuant to section 8
of the Data Protection
Act, 1988 , I consent to the disclosure of details of convictions
for relevant offences specified under Schedule 2 of the Waste Management
(Registration of Brokers and Dealers) Regulations 2008.
|
|
|
|
Signature:
|
|
|
|
_________________
|
|
|
|
Name
(block capitals)
|
|
|
|
_________________
|
|
|
|
Declared
before me at this day of , 20.#
|
|
|
|
#To
be completed by a Solicitor/Commissioner of Oaths/Notary Public/Peace
Commissioner/Garda Síochána.
|
|
|
|
Signature
of Witness
|
|
|
|
_________________
|
|
|
|
Occupation
|
|
|
|
_________________
|
|
|
|
Date
|
|
|
|
WARNING
Any person who gives false or misleading information for the purpose of
obtaining a certificate of registration renders themselves liable to severe
penalties.
|
|
|
|
SCHEDULE 2 Offences to be disclosed
|
|
|
|
The
following offences shall be disclosed in the application by a broker or a
dealer for a certificate of registration:
|
|
|
|
(1)
a contravention of the Waste Management (Movement of Hazardous Waste)
Regulations, 1998 ( S.I. No. 147 of
1998 ), subject to any amendment that may be made to those
Regulations from time to time, but if those regulations should be revoked,
shall be subject to such regulations corresponding to those regulations as
may be for the time being in force,
|
|
|
|
(2)
an offence under sections 14(6), 18(2), 18(8), 32(6), 34(1), 36(3), 39(9),
53C(4), 53F, 53H(4), 53I(6), 53J(6), 53K(5), 53L(5) or 53M(5) of the Act, or
as appropriate, any appropriate section or Part, concerning producer
responsibility obligations, that may be inserted into the Act from time to
time,
|
|
|
|
(3)
an offence under articles 18 and 26 of the Waste Management (End of Life
Vehicles) Regulations 2006 ( S.I. No. 282 of
2006 ), subject to any amendment that may be made to those
Regulations from time to time, but if those regulations should be revoked,
shall be subject to such regulations corresponding to those regulations as
may be for the time being in force, or as appropriate,
|
|
|
|
(4)
an offence under article 9 of the European Communities (Batteries and
Accumulators) Regulations, 1994 ( S.I.
No. 262 of 1994 ) those Regulations, from time to time, but if
those regulations should be revoked, shall be subject to such regulations
corresponding to those regulations as may be for the time being in force,
|
|
|
|
(5)
an offence under Regulation 9 of the Waste Management (Shipments of Waste)
Regulations 2007 ( S.I. No. 419 of
2007 ),
|
|
|
|
(6)
an offence under waste legislation in any other jurisdiction.
|
|
|
|
|
|
|
|
GIVEN under my
Official Seal,
|
|
|
|
18 April 2008
|
|
|
|
JOHN
GORMLEY
|
|
|
|
Minister for the Environment, Heritage and
Local Government
|
|
|
|
EXPLANATORY NOTE
|
|
|
|
(This
note is not part of the Instrument and does not purport to be a legal
interpretation.)
|
|
|
|
The
purpose of these Regulations is to provide for a registration system of
waste brokers and dealers who arrange for the shipment of waste to and from
Ireland and also the passage of waste through the State. The regulations are
necessary in order to comply with the provisions of Regulation (EC) No.
1013/2006 of the European Parliament and of the Council of 14 June 2006 on
shipments of waste and Directive 2006/12/EC of the European Parliament and
of the Council of 5 April 2006 on waste..
|
|
|
|
The
Regulations also make a number of minor amendments to waste legislation and
a brief summary of those changes are outlined below.
|
|
|
|
Amendments
to Waste Legislation Included in the Waste Management (Registration of
Brokers and Dealers) Regulations 2008
|
|
|
|
|
Article of Broker Regulations
|
Act/S.I. Amended
|
Amendment
|
Reason for Amendment
|
|
Reg. 19(1)
|
Section 2 Waste Management Acts 1996-2007
|
Insertion of reference to Directive
2006/12/EC on waste
|
Update Act to reflect new Directive on waste
|
|
Reg. 19(1)
|
Section 2 Waste Management Acts 1996-2007
|
Deletion of Ref to Council Reg. 259/93 and
replacement with EU Reg
1013/2006
|
Update Act to reflect new EU
Regulations on shipment of waste
|
|
Reg. 19(2)(a) and (b)
|
Section 5 Waste Management Acts 1996-2007
|
Insertion of new definitions for “broker” and
“dealer”
|
To make the definitions the same in both
national and EU law
|
|
Reg. 19(2)(c)
|
Section 5 Waste Management Acts 1996-2007
|
Deletion of the words “to a significant
extent” in the definition of “environmental pollution”
|
In order to transpose correctly Art 4 of EU Directive 2006/12/EC on waste
|
|
Reg. 19(2)(d)
|
Section 5 Waste Management Acts 1996-2007
|
The deletion of the definition of “holder”
and its replacement by new wording
|
In order to correctly transpose Article 1 of EU Directive 2006/12/EC on waste
|
|
Reg 19(3)
|
Section 22 of the Waste Management Acts
1996-2007
|
Insertion of new sub-section 8bis re
inclusion of waste disposal/recovery site identification criteria in waste
management plans
|
To comply with Article 7 of EU Directive 2006/12/EC on waste, as interpreted by ECJ case C-53-02
|
|
Reg 20(1)
|
Article 4(3) Waste Management (Licensing)
Regulations 2004
|
Replacement of the definition of “inert
waste” with new wording
|
In order to correctly transpose article 2(e)
of the Landfill Directive 1999/31/EC
|
|
Reg. 20(2)
|
Article 12(1) Waste Management (Licensing)
Regulations 2004
|
Insertion of wording re alternatives to the
proposals the subject of the waste licence application
|
In order to transpose the Public
Participation Directive — 2003/35/EC
|
|
Reg. 20(3)
|
Article 34(3) Waste Management (Licensing)
Regulations 2004
|
Deletion of wording relating to the decision
and its replacement by more details on the decision
|
In order to transpose the Public
Participation Directive - 2003/35/EC
|
|
Reg. 21(1)
|
Article 2(b) of Waste Management (Movement of
Hazardous Waste) Regulations 1998
|
Deletion of Ref to Council Reg. 259/93 and
replacement with EU Reg
1013/2006
|
Update Act to reflect new EU
Regulations on shipment of waste
|
|
Reg. 21(2)
|
Article 6(2)(a) of Waste Management (Movement
of Hazardous Waste) Regulations 1998
|
Deletion of reference to Art 8 of the 1998 Regs, and replacement by Regulation 7 of the 2007 Regs
|
To reflect repeal of 1998 Regs
and the new position as detailed in Reg 7 of
Waste Management (Shipments of Waste) Regulations 2007
|
|
Reg. 22(1)
|
Regulation 4(2) of Waste Management
(Shipments of Waste) Regulations 2007
|
Amendment to allow authorised officers to be
appointed by an Garda Síochána
|
To ensure that Gardaí
have powers to act under the waste shipment regulations
|
|
Reg. 22(2)
|
Regulation 5(2) of Waste Management
(Shipments of Waste) Regulations 2007
|
Deletion of wording indicating that the
competent authority is the sole authority to appoint authorised officers
|
To reflect the amendment made to Reg. 22(1)
on Garda appointed authorised officers
|
|
Reg. 22(3)
|
Insert a new Article 8 bis
to the Waste Management (Shipments of Waste) Regulations 2007
|
Insertion of new wording on waste
prohibitions
|
To allow Revenue a function in detaining
waste which is prohibited for import or export
|
|
|
|
|
1 OJ L 114, 27.4.2006,p.9
2 OJ L 190, 12.7.2006, p.1
3 OJ L 182, 16.7.1999, p.3
4 OJ L 156, 25.6.2003, p.17
1 OJ L 114, 27.4.2006, p.13
2 OJ L 190, 12.7.2006, p.1
3 OJ L 182, 16.7.1999, p.3
4 OJ L 156, 25.6.2003, p.17
1 OJ L 114, 27.4.2006, p.11
1 OJ L 114, 27.4.2006, p.1
2 OJ L 190, 12.7.2006, p.1
5 OJ L 30, 6.2.1993, p.1
|