Circular Economy and Miscellaneous Provisions Act 2022

Amendment of section 10B of Act of 1996

19. Section 10B of the Act of 1996 is amended—

(a) in subsection (1)—

(i) by the substitution of “a relevant offence” for “an offence under section 34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7)(d), to a waste collection permit”, and

(ii) in paragraph (b), by the substitution of “payment of the amount specified in subsection (3A)” for “payment of €500”,

(b) in subsection (3), by the substitution of “a relevant offence” for “an offence under section 34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7) (d), to a waste collection permit”,

(c) by the insertion of the following subsection after subsection (3):

“(3A) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

(a) €500 where the relevant offence consists of—

(i) a contravention of section 32(1A)(a) or 32(2),

(ii) a contravention of a condition attached, under section 34(7)(c) or 34(7)(d), to a waste collection permit,

(iii) a contravention of section 34(1)(a),

(iv) an offence under section 34(10A), or

(v) an offence under section 39(9), in so far as the offence consists of a contravention of a provision of regulations made under section 39(4) prohibiting, other than in accordance with those regulations, the recovery or disposal in a specified manner of a specified class or classes of waste, including a class or classes of household waste,

or

(b) €1,000, where the relevant offence consists of a contravention of section 32(1).”,

and

(d) by the insertion of the following subsection after subsection (4):

“(5) In this section, ‘relevant offence’ means—

(i) an offence under section 32(6)(a), in so far as the offence consists of a contravention of section 32(1), 32(1A)(a) or 32(2), or

(ii) an offence under section 34(1)(c), in so far as the offence consists of—

(I) a contravention of a condition attached, under section 34(7)(c) or 34(7)(d), to a waste collection permit,

(II) a contravention of section 34(1)(a),

(III) an offence under section 34(10A), or

(IV) an offence under section 39(9), in so far as the offence consists of a contravention of a provision of regulations made under section 39(4) prohibiting, other than in accordance with those regulations, the recovery or disposal in a specified manner of a specified class or classes of waste, including a class or classes of household waste.”.