Environment (Miscellaneous Provisions) Act 2015
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Insertion of sections 34B to 34D in Act of 1996 | ||
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39. The Act of 1996 is amended by the insertion of the following sections after section 34A (inserted by section 38 ): | ||
“Transfer of a waste collection permit | ||
34B. (1) In this section and sections 34C and 34D ‘nominated authority’ means a local authority nominated under section 34(1)(aa)(ii). | ||
(2) A waste collection permit may be transferred to another person in accordance with this section. | ||
(3) Where the authorised waste collector intends that the waste collection permit be transferred to another person (in this section referred to as ‘the proposed transferee’), the authorised waste collector and the proposed transferee shall jointly make an application to the nominated authority requesting that such a transfer be effected by the authority. | ||
(4) An application under subsection (3) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 50 and the waste collection permit concerned. | ||
(5) The nominated authority may require the provision of such further information by the authorised waste collector or the proposed transferee as it considers appropriate for the purposes of considering an application made under subsection (3). | ||
(6) If, on consideration of an application under subsection (3), and any relevant information provided in respect thereof, the nominated authority is satisfied that the proposed transferee would, if he or she were an applicant for the waste collection permit, be regarded by it as a fit and proper person within the meaning of section 34D to be granted, under section 34, a like waste collection permit to the waste collection permit concerned, it shall effect a transfer of the waste collection permit to the proposed transferee in such manner as may be prescribed. | ||
(7) A person to whom a waste collection permit is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the waste collection permit, including all conditions attached to the permit, regardless of how and in respect of what period, including a period before the transfer of the waste collection permit, they may arise. | ||
(8) The Minister may make regulations in relation to all or any of the following matters: | ||
(a) the form in which an application for the transfer of a permit shall be made; | ||
(b) information and particulars to be submitted with an application for the transfer of a permit and verification of such information and particulars; | ||
(c) specifying the period in which an application for a transfer of a permit shall be dealt with by a nominated authority; | ||
(d) the making available for inspection by members of the public of an application for the transfer of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application; | ||
(e) the manner of transfer of a waste collection permit; | ||
(f) the publication by the nominated authority of decisions made by it in relation to the transfer of permits; | ||
(g) requiring the proposed transferee to defray, or contribute towards, any costs incurred by the nominated authority concerned in carrying out an investigation in relation to the application. | ||
Information required by authorised persons or nominated authority | ||
34C.(1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to in subsection (7) request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to in subsection (3), as is specified in the notice (in this section referred to as the ‘specified information’). | ||
(2) Where an authorised person or a nominated authority makes a request under subsection (1), the relevant person to whom the notice is given shall provide the specified information within the period of 14 days beginning on the date of the notice. | ||
(3) A local authority or, as the case may be, a nominated authority, may specify all or any of the following information in a notice under subsection (1): | ||
(a) details in the possession or control of the relevant person of the address (including the postcode (if any) within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011 ) of every person who has household waste collected by an authorised waste collector or who deposits household waste at a facility; | ||
(b) in relation to each such person referred to in paragraph (a) who has household waste so collected or who deposits household waste at a facility: | ||
(i) the name of every person availing of a household waste collection service; | ||
(ii) any unique identification number which the authorised collector has assigned to a person availing of a household waste collection service; | ||
(iii) details of the separate collection or deposition of separate collection of household waste; | ||
(iv) details of when household waste or classes of household waste were last collected or deposited; | ||
(v) details of the structure of the fees charged to the person from whom the household waste is collected or depositing the waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection from or deposition by that person of household waste. | ||
(4) The specified information to be provided by a relevant person pursuant to a notice under subsection (1) shall be provided in such form and manner as may be specified by the local authority or, as the case may be, the nominated authority in the notice. | ||
(5) Where a relevant person fails to provide the information requested in a notice given under subsection (1) by a local authority— | ||
(a) in the form and manner requested, or | ||
(b) within the time limit referred to in subsection (2), | ||
the local authority shall notify the nominated authority as soon as is reasonably practicable, in such form as is specified by the nominated authority, of the breach of a waste collection permit condition under section 34(7)(b)(ix) or of a condition of a licence under section 41(3)(d)(va). | ||
(6) In this section ‘relevant person’ means— | ||
(a) an authorised waste collector, or | ||
(b) the holder (other than a local authority) of a waste licence or such other authorisation or certificate which accepts household waste directly from a person. | ||
(7) Each local authority or, as the case may be, a nominated authority shall maintain a register of persons availing of a household waste collection service for the purpose of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act relating to household waste. | ||
(8) The register maintained under subsection (7) shall include— | ||
(a) such information referred to in sections 34(7)(b)(ix), 39(5B)(ee) and 41(3)(d)(va) received by a local authority or, as the case may be, nominated authority, and | ||
(b) such information received by a local authority or, as the case may be, nominated authority pursuant to a notice under subsection (1), | ||
as relates to waste services provided by or on behalf of a local authority for the collection of household waste. | ||
Fit and proper person | ||
34D. (1) For the purposes of sections 34, 34A and 34B a person is a fit and proper person if— | ||
(a) neither that person nor any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate, has been convicted— | ||
(i) summarily of an offence under— | ||
(I) subsection (6) of section 32 consisting of a contravention of subsection (1) of that section, or | ||
(II) section 55(8), | ||
or | ||
(ii) on indictment of an offence under this Act, the Environmental Protection Agency Acts 1992 to 2011, the Local Government (Water Pollution) Acts 1977 to 2007, or the Air Pollution Acts 1987 and 2011, | ||
(b) in the reasonable opinion of the nominated authority, that person or, as appropriate, any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate has the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act, | ||
(c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity, | ||
(d) that person has not had a waste collection permit revoked under section 34A, other than where the permit was surrendered, and | ||
(e) that person has not had an order made against him or her under section 57 or 58. | ||
(2) The Minister may make regulations providing for requirements in relation to the requisite technical knowledge or qualifications to carry on the activity to which the waste collection permit relates in accordance with the permit and any other requirements of this Act.”. |