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Amendment of section 10B of Act of 1996
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19. Section 10B of the Act of 1996 is amended—
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(a) in subsection (1)—
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(i) by the substitution of “a relevant offence” for “an offence under section 34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7)(d), to a waste collection permit”, and
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(ii) in paragraph (b), by the substitution of “payment of the amount specified in subsection (3A)” for “payment of €500”,
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(b) in subsection (3), by the substitution of “a relevant offence” for “an offence under section 34(1)(c), in so far as the offence consists of contravention of a condition attached, under section 34(7) (d), to a waste collection permit”,
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(c) by the insertion of the following subsection after subsection (3):
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“(3A) The amount to be specified in a fixed payment notice in respect of a relevant offence is—
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(a) €500 where the relevant offence consists of—
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(i) a contravention of section 32(1A)(a) or 32(2),
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(ii) a contravention of a condition attached, under section 34(7)(c) or 34(7)(d), to a waste collection permit,
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(iii) a contravention of section 34(1)(a),
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(iv) an offence under section 34(10A), or
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(v) an offence under section 39(9), in so far as the offence consists of a contravention of a provision of regulations made under section 39(4) prohibiting, other than in accordance with those regulations, the recovery or disposal in a specified manner of a specified class or classes of waste, including a class or classes of household waste,
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or
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(b) €1,000, where the relevant offence consists of a contravention of section 32(1).”,
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and
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(d) by the insertion of the following subsection after subsection (4):
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“(5) In this section, ‘relevant offence’ means—
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(i) an offence under section 32(6)(a), in so far as the offence consists of a contravention of section 32(1), 32(1A)(a) or 32(2), or
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(ii) an offence under section 34(1)(c), in so far as the offence consists of—
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(I) a contravention of a condition attached, under section 34(7)(c) or 34(7)(d), to a waste collection permit,
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(II) a contravention of section 34(1)(a),
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(III) an offence under section 34(10A), or
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(IV) an offence under section 39(9), in so far as the offence consists of a contravention of a provision of regulations made under section 39(4) prohibiting, other than in accordance with those regulations, the recovery or disposal in a specified manner of a specified class or classes of waste, including a class or classes of household waste.”.
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