Waste Management Act, 1996
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PART II Waste Management Planning | ||
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Waste management plans. |
22.—(1) In this section— | |
“relevant period” means the period beginning on the date of making of the waste management plan concerned or, as the case may be, the date on which the last review of the said plan under subsection (4) was completed and ending on the date on which the local authority or authorities concerned expect to complete or, as may be appropriate, to next complete, a review of the plan under that subsection; | ||
“waste management plan” includes, where the context admits, a replacement waste management plan under subsection (4). | ||
(2) Subject to subsection (3)and section 24 , each local authority shall, not later than such date as may be prescribed, make a plan (in this Act referred to as a “waste management plan”) with regard to— | ||
(a) the prevention, minimisation, collection, recovery and disposal of non-hazardous waste within its functional area, and | ||
(b) the matters specified in subsection (8) in relation to hazardous waste so far as they relate to its functional area. | ||
(3) Two or more local authorities may, in lieu of each of them making a waste management plan, jointly make a plan (in this Act also referred to as a “waste management plan”) as respects their functional areas (but not later than the date referred to in subsection (2)) with regard to the matters specified in paragraphs (a) and (b) of the said subsection. | ||
(4) A local authority or, in the case of a waste management plan under subsection (3), the two or more local authorities concerned, shall review a waste management plan made by it or them from time to time as occasion may require and at least once in each period of 5 years after the date of making of the plan and may, consequent on such a review, make in accordance with section 23 any variations to the plan or replace it by a new waste management plan as it or they thinks or think fit. | ||
(5) A local authority shall, before it commences the preparation of any of the following, namely, a waste management plan under subsection (2) or (3), a variation of, or a replacement for, such a plan under subsection (4)or a replacement for such a plan in compliance with a requirement made by the Minister under section 24 , cause notice of its intention to commence such preparation to be published in a newspaper circulating in its functional area and such a notice shall state that written representations in relation to the matter may be made to the local authority within a specified period, being a period of not less than 2 months from the date of publication of the notice. | ||
(6) A waste management plan shall, in respect of non-hazardous waste, contain such objectives as seem to the local authority or local authorities concerned to be reasonable and necessary— | ||
(a) to prevent or minimise the production or harmful nature of waste, | ||
(b) to encourage and support the recovery of waste, | ||
(c) to ensure that such waste as cannot be prevented or recovered is disposed of without causing environmental pollution, and | ||
(d) to ensure in the context of waste disposal that regard is had to the need to give effect to the polluter pays principle, | ||
and shall specify such measures or arrangements as are to be taken or entered into by the local authority or local authorities, with a view to securing the objectives of the plan. | ||
(7) Without prejudice to the generality of subsection (6), a waste management plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to— | ||
(a) the policies and objectives, and the priorities respectively assigned to them, of the local authority or authorities concerned in relation to assisting the prevention and minimisation of waste and in relation to the management generally of activities carried on by it or them or other persons as respects the collection, recovery and disposal of waste within its or their functional area or areas; | ||
(b) the measures which— | ||
(i) will be taken during the relevant period by the local authority or authorities concerned, and | ||
(ii) in so far as the local authority or authorities concerned can determine, will or may be taken during the relevant period by persons other than such authority or authorities, | ||
for the purpose of preventing or minimising the production of waste; | ||
(c) the type, quantity and origin of waste which the local authority or authorities concerned expect to arise during the relevant period in its or their functional area or areas for collection; recovery or disposal; | ||
(d) the type and quantity of waste which the local authority or authorities concerned expect to be transported into, or out of, its or their functional area or areas for recovery or disposal during the relevant period; | ||
(e) facilities, plant and equipment which the local authority or authorities concerned expect to be available or, in its or their opinion, will be required to be available for the collection, recovery or disposal of waste in its or their functional area or areas during the relevant period and matters relevant to the selection of sites in respect of facilities aforesaid; | ||
(f) general requirements of a technical or other nature applicable to the collection, recovery and disposal of waste and the aftercare of facilities used for the disposal of waste; | ||
(g) the steps to be taken generally by the local authority or authorities concerned to enforce the provisions of this Act in its or their functional area or areas; | ||
(h) the identification of sites at which waste disposal or recovery activities have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, measures proposed to be taken, or, where such an assessment has already been made measures taken, in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and measures proposed to be taken, or, where such measures have already been identified, measures taken, to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques; | ||
(i) any incidental and ancillary matters; | ||
(j) such other matters as may be prescribed. | ||
(8) There shall be included in a waste management plan, but separate from the other information contained in the plan, information as respects the implementation of measures consequential on, or incidental to, the provisions of the hazardous waste management plan or any recommendations made by the Agency under section 26 (6). | ||
(9) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a waste management plan. | ||
(10) The making, review, variation or replacement of a waste management plan shall be a reserved function. | ||
(11) In making or reviewing a waste management plan, the local authority or authorities concerned shall have regard to the proper planning and development of its or their functional area or areas and shall, for this purpose, have regard to the provisions of— | ||
(a) the development plan or plans and any special amenity area order made under the Act of 1963, | ||
(b) a water quality management plan made under the Local Government (Water Pollution) Acts, 1977 and 1990, and | ||
(c) an air quality management plan made under the Air Pollution Act, 1987 , | ||
for the time being in force in relation to the said area or areas. | ||
(12) A local authority shall take such steps as are appropriate and necessary to attain in relation to its functional area the objectives in a waste management plan made by the authority (whether such plan has been made by the authority or jointly by the authority with another local authority or other local authorities). | ||
(13) The corporation of a borough (not being a county borough) or the council of an urban district shall, in the performance by it of any functions in relation to waste management, have regard to the provisions of a waste management plan made by the council of the county in whose functional area the borough or urban district is situate. | ||
(14) Upon the making of a waste management plan by a local authority— | ||
(a) any plan prepared under Article 4 (2) of the European Communities (Waste) Regulations, 1979, by that authority, or | ||
(b) any special waste plan within the meaning of the European Communities (Toxic and Dangerous Waste) Regulations, 1982, prepared by that authority, | ||
that is for the time being in force shall cease to have effect. |