Waste Management Act, 1996

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Regulations in relation to movement of waste.

36.—(1) For the purpose of preventing environmental pollution therefrom, the Minister may by regulations provide for the supervision and control of the movement of waste within, into or out of the State.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters:

(a) the prohibition, prevention, limitation or control of the movement of waste and, in particular—

(i) requiring that any movement of waste or waste of a specified class or classes be authorised by the Agency or a local authority,

(ii) enabling conditions of a kind specified in the regulations to be attached by the Agency or a local authority, as the case may be, to any such authorisation;

(b) notifications, including documentation, to be given before and after the movement of waste, the form and content of such notifications, the persons required to give such notifications and the persons to whom such notifications are to be given;

(c) information, including documentation, to accompany any movement of waste, the form and content of such information and the persons required to prepare, hold or submit such information;

(d) enabling the inspection of consignments of waste and documentation relating thereto by persons authorised in that behalf by the Agency or a local authority;

(e) requirements as to the segregation, handling, packaging and labelling of waste and the containers in which waste may be moved;

(f) a requirement that shipments of waste may enter or leave the State at a specified place or places only within the State;

(g) requiring a person who undertakes the movement of waste to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the movement of the waste;

(h) requiring an agreement or agreements to be entered into with one or more appropriate persons by a person exporting or importing waste whereby the first-mentioned person or persons agrees or agree to recover or dispose of the waste;

(i) the seizure, taking in charge, recovery or disposal of a consignment of waste or a part thereof by the Agency or a local authority or a person authorised by the Agency or a local authority in that behalf where any provision of regulations under this section or of any specified enactment has not been complied with as respects the consignment or a part thereof, as the case may be;

(j) the keeping of records by specified persons of the source of, and particulars concerning the movement, delivery and receipt of, waste and, as the case may be, the recovery or disposal thereof, and the persons to whom such records shall be made available;

(k) the prevention and control of litter and nuisance from odours that may arise from the movement of waste and generally with respect to the handling of waste whilst it is being moved;

(l) the imposition by the Agency or a local authority on a person undertaking the movement of waste of such charges as are necessary to defray any costs reasonably incurred by the Agency or the local authority in performing any function under regulations under this section with respect to the waste;

(m) requiring a person to give such security to the Agency or a local authority for the payment of any charges he or she may be liable to pay to the Agency or the local authority (as the case may be) pursuant to regulations under paragraph (l) as the Agency or the local authority may request;

(n) requiring a person who undertakes the movement of waste to give security of a specified nature to the Agency, a local authority or any other specified person in respect of costs which may be incurred by the Agency, local authority or other person aforesaid in taking steps in relation to the waste in the event of a contravention by the first-mentioned person of any provision of regulations under this section as respects that waste;

(o) requiring a person who undertakes the movement of waste or who is the consignee of waste imported into the State or moved within the State to return, where the Agency or a local authority directs him or her to do so, the waste to its place of origin or to such other place as may be specified in the direction and to take such measures as may be so specified in relation to the waste, including the recovery or disposal of the waste in such manner or at such facility as may be so specified;

(p) specifying the circumstances in which the Agency or a local authority may give a direction to a person pursuant to regulations under paragraph (o);

(q) any matters consequential on, or incidental to, the foregoing.

(3) A person who contravenes a provision of regulations under this section shall be guilty of an offence.