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S.I. No. 398/2023 - Waste Management (Landfill Levy) (Amendment) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th August, 2023.

I, OSSIAN SMYTH Minister of State at the Department of the Environment, Climate and Communications, in exercise of the powers, conferred on me by sections 7 , 18 (3), 73 of the Waste Management Act 1996 (No. 10 of 1996) and the Environment, Climate and Communications (Delegation of Ministerial Functions) Order 2023 ( S.I. No. 252 of 2023 ); hereby make the following regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the Waste Management (Landfill Levy)(Amendment) Regulations 2023.

(2) The Regulations shall come into operation on the 1st September 2023.

Interpretation

2. In these Regulations -

“Regulations of 2015” means the Waste Management (Landfill Levy) Regulations 2015 ( S.I. No. 189 of 2015 ).

Amendment of the Regulations of 2015

3. The Regulations of 2015 are amended by substituting –

(1) For Regulation 4(2) the following:

“(2) The amount of the levy for all wastes shall by €85 for each tonne of waste disposed of at a landfill.”

(2) For Regulation 8(3) the following:

“(3) For the purpose of defraying expenses incurred in the enforcement and collection of the levy within its functional area, a local authority may deduct and retain up to 2 per cent of any amount paid to the local authority under paragraph (1), but any such deductions shall not exceed a total of €100,000, or such other amount as may from time to time be specified in writing by the Minister, in any period of 12 months.”

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GIVEN under my Official Seal,

3 August, 2023.

OSSIAN SMYTH,

Minister of State at the Department of the Environment, Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the Waste Management (Landfill Levy) Regulations 2015 by increasing the existing Landfill Levy by €10 per tonne from 1st September 2023 and also increasing the maximum amount local authorities may retain to help defray the costs associated with collection and enforcement of this levy.