Protection of the Environment Act 2003

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.”.