Circular Economy and Miscellaneous Provisions Act 2022

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Powers to make regulations in respect of end-of-waste and by-products processes

30. The Act of 1996 is amended by the insertion of the following section after section 75:

“75A. (1) The Minister may make regulations in relation to notifications to the Agency under Regulation 27 or 28 of the European Union (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 ) (in this section referred to as a “notification”) and determinations or decisions, as the case may be, further to such notifications.

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

(a) the form and content of a notification under the said Regulation 27 seeking a determination or under the said Regulation 28 seeking a decision and provision may be made for different forms and content for different circumstances or classes of circumstances or for different cases or classes of cases;

(b) the time within which a notification is to be made;

(c) the particulars, including, plans, documents and other information, to be submitted to the Agency for the purposes of the notification and the period within which they are to be submitted;

(d) requirements in relation to the submission by the person making that notification of such additional information or particulars relating to the notification to the Agency, including the period within which such additional information or particulars are to be submitted;

(e) the processing by the Agency of notifications;

(f) requirements in relation to the person making a notification defraying or contributing towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to the notification;

(g) the storage, movement, disposal, or other handling or processing of any material that is the subject of a notification either before or after a determination or decision, as the case may be, is made in respect of the notification;

(h) the nature of materials, including restrictions on particular materials, in respect of which a notification may be made;

(i) the circumstances in which the Agency or other public authority or body, as the case may be, may reject or refuse to consider a notification;

(j) the circumstances in which the Agency may waive the requirement for a notification;

(k) the attachment by the Agency of conditions to a determination or decision;

(l) the establishment and maintenance by the Agency of a register or registers in respect of such materials or classes of materials as may be specified in the regulations, and the conditions to be satisfied in respect of those materials or classes of materials in order to be registered;

(m) such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations.

(3) Regulations made under subsection (1) may provide for—

(a) the payment of fees,

(b) exemption from the payment of fees, or

(c) the waiver, remission, or refund (in whole or in part) of fees,

and different fees, exemptions, waivers, remissions or refunds may be provided for in different circumstances or classes of circumstances or for different cases or classes of cases.

(4) Where, under regulations made under subsection (1), a fee is payable in respect of a notification, the notification shall be deemed not to have been made until the date on which the Agency receives the fee.

(5) A person who, in relation to any matter to which regulations under this section relates, makes a statement in writing which, to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

(6) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.”.