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Amendment of section 34 of Act of 1996
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26. (1) Section 34 of the Act of 1996 is amended—
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(a) in subsection (3), by the substitution of “to refuse to grant the permit for stated reasons which may include the abandonment of the application by the applicant” for “to refuse to grant the permit”,
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(b) in subsection (7)—
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(i) in paragraph (b), by the substitution of “household waste or commercial waste” for “household waste” in each place where it occurs,
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(ii) in paragraph (c)—
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(I) in subparagraph (i), by the insertion of “or shall” after “may”,
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(II) in subparagraph (iv), by the substitution of “is required to be delivered, or to which it is prohibited from being delivered,” for “is required to be delivered”,
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(III) in subparagraph (viii), by the substitution of “concerned, and the form in which such records are to be kept and preserved and in which the information is to be supplied” for “concerned”,
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(IV) in subparagraph (xxii)—
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(A) by the substitution of “incorrect separation of waste in receptacles for segregated waste” for “incorrect separation of household waste from other waste in receptacles for segregated household waste”, and
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(B) in clause (IV), by the substitution of “the receptacle;” for “the receptacle.”,
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and
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(V) by the insertion of the following subparagraphs after subparagraph (xxii):
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“(xxiii) the achievement of such targets as may be specified in the permit in relation to recycling rates;
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(xxiv) effecting and maintaining a record, document and data management system of such standard, or in accordance with such criteria, as the Minister may prescribe and which may include an electronic record, document and data management system;
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(xxv) the requirement to collect waste where a waste service is not provided;
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(xxvi) the requirement to effect and maintain a customer communication and awareness programme.”,
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(iii) in paragraph (e), by the substitution of “household waste or commercial waste” for “household waste”,
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(iv) in paragraph (f)—
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(I) by the substitution of “transport of household waste or commercial waste, as the case may be,” for “transport of household waste”,
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(II) in subparagraph (i)—
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(A) by the substitution of “household waste or commercial waste, as the case may be, collected or transported, or both,” for “household waste collected or transported”, and
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(B) by the substitution of “household waste or commercial waste, as the case may be, collected and transported” for “household waste collected and transported”,
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and
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(III) in subparagraph (iii), by the substitution of “household waste or commercial waste, as the case may be, incentivise waste prevention and segregation” for “waste incentivise household waste prevention and household waste segregation”,
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and
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(v) in paragraph (g)—
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(I) in subparagraph (i), by the substitution of “household waste or commercial waste, as the case may be,” for “household waste” in each place where it occurs, and
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(II) in subparagraph (ii), by the substitution of “household waste and commercial waste,” for “household waste”,
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(c) in subsection (9)(a), by the substitution of “28 days” for “one month”,
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(d) by the insertion of the following subsection after subsection (10A):
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“(10B) A person shall not carry out any waste collection activity for, or on behalf of, the holder of a waste collection permit unless the person is an authorised waste collector.”,
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(e) in subsection (11)(b)—
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(i) by the insertion of the following subparagraph after subparagraph (iv):
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“(iva) the bases upon which a local authority may consider an application to be abandoned;”,
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and
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(ii) by the insertion of the following subparagraph after subparagraph (x):
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“(xa) requiring that a permit holder defray, or contribute towards, any costs incurred by the local authority or, as the case may be, the nominated authority (within the meaning of section 34B) concerned, in the ongoing maintenance of the waste collection permitting system;”,
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and
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(f) by the insertion of the following subparagraphs after subparagraph (xa) (inserted by paragraph (e)):
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“(xb) targets in relation to recycling rates for permit holders;
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(xc) standards or criteria, or both, in relation to record, document and data management by permit holders;”.
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(2) The amendment effected by paragraph (c) of subsection (1) shall apply in respect of applications made under section 34 of the Act of 1996 after the coming into operation of that paragraph.
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