Environment (Miscellaneous Provisions) Act 2015

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Amendment of section 41 of Act of 1996

41. Section 41 of the Act of 1996 is amended by—

(a) in subsection (3), the insertion of the following paragraph after paragraph (c):

“(d) for the purposes of acceptance of a class of household waste at a facility, from the original waste producer or the person who arranges on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their household waste (‘person who delivers household waste’), require the Agency to attach conditions to a waste licence—

(i) requiring the weighing of a class of household waste accepted by a facility,

(ii) requiring the reporting of the weight of a class of household waste accepted by a facility to the person who delivers household waste,

(iii) subject to subsection (3A), requiring the charging of fees for acceptance, recovery or treatment services by a facility of a class of household waste,

(iv) in relation to acceptance of a class of household waste, requiring the preparation and publishing of a customer charter and specifying its form and content,

(v) requiring the provision of separate receptacles for different household waste or classes of household waste,

(vi) requiring the provision to a local authority or a nominated authority under section 34(1)(aa)(ii) of—

(I) details of persons with regard to the deposition of household waste,

(II) details of persons who choose not to partake in the deposition of household waste,

(III) details of when household waste was last deposited, and

(IV) written confirmation of the structure of the fees being charged to persons depositing the household waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the deposition of household waste,

(vii) as respects contamination that may be caused by the incorrect segregation of specified household waste from other waste in receptacles for segregated household waste, requiring the holder of a waste licence:

(I) to monitor levels of contamination;

(II) to record and maintain specified data on levels of contamination;

(III) to provide training for staff in relation to monitoring contamination;

(IV) to prepare and maintain protocols and procedures in the event that such contamination is detected by the holder, including to inform the person who delivers household waste or to refuse to accept the waste,

and

(viii) where a weighing system is used to determine weight-based collection charges, requiring the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ), in such form that may be specified on the waste licence.”,

and

(b) the insertion of the following subsection after subsection (3):

“(3A) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations, specify a condition to be attached to a waste licence specifying a requirement that the holder of the licence shall charge fees for accepting a class of household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the facility of the holder of the waste licence by the person who delivers household waste.

(b) Regulations under paragraph (a) shall provide for the means by which fees for accepting household waste shall be calculated by a holder of a waste licence and shall—

(i) require a holder of a waste licence to charge a fee for each kilogramme of household waste accepted by the holder,

(ii) prohibit a holder of a waste licence from charging any form of fee other than that referred to at subparagraph (i), and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted,

(iii) require a holder of a waste licence to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.

(c) (i) For the purposes of paragraph (b)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder of a waste licence and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder of the licence, from the person who delivers that waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.

(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).

(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.”.