S.I. No. 16/2023 - Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st January, 2023.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2023.

Interpretation

2. “Principal Regulations” means the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) as amended by the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 (S.I. 504 of 2013), the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2015 (S.I. 538 of 2015), the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2017 (S.I. 599 of 2017), the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2019 (S.I. 684 of 2019), the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020 (S.I. 738 of 2020) and the Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022 (S.I. 51 of 2022).

Amendment of the Principal Regulations

3. The Principal Regulations are amended by substituting for Regulation 6 the following:

“Cessation of the permissible disposal of waste by burning

6. The burning of waste in compliance with Regulation 5(1) (a) and 5(1) (b) shall cease on 1 March 2023 but will be allowed for a further three month period from 1 September 2023 to 30 November 2023.”.

GIVEN under my Official Seal,

27 January, 2023.

EAMON RYAN,

Minister for the Environment, Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these regulations is to extend until 1 March 2023 an exemption provided for under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. 286 of 2009) which exists to allow farmers, in accordance with the waste hierarchy and as a last resort, to dispose of wastes generated by agricultural practices. The regulations also allow for a further three month period 1 September 2023 to 30 November 2023 during which time, the exemption will continue to apply.