Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2016.

I, SIMON COVENEY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7, 18, 19, and 34 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 (Collection Permit) (Amendment)(No.2) Regulations 2016.

Amendment to the Waste Management (Collection Permit) Regulations 2007

2. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are amended—

(a) in article 7(1)(i) by deleting “confirmation that the fee per kilogramme to be charged to collect residual household kerbside waste, food waste and, as the case may be, bio-waste, and recyclable household kerbside waste is not less than the fees prescribed in the eighth schedule,”,

(b) in article 7(1)(i) by substituting “provide details of the collection service, including, where applicable, details to demonstrate that the collector will be in a position to meet requirements of conditions attached under article 20(2)(g)(ii)(II), including details of the collection of separate classes of household waste, persons who choose not to partake in the collection of separate classes of household waste, when household waste was last collected, and where applicable, the electronic data management system to be used,” for “provide details of the collection service as set out in section 34(7)(b)(ix) of the Act”,

(c) by subtituting the following for article 20(2)(g)(ii)—

“(ii) on and after 1 July, 2016, with the exception of glass collected separately, household kerbside waste collected on off-shore islands, or household kerbside waste collected in receptacles which are not designed for reuse in specific areas designated by a local authority under article 20(2)(g)(iv), in accordance with section 34(7)(b) of the Act, excluding subparagraph (v) of that section—

(I) notwithstanding the provisions of any bye-laws adopted by the relevant local authority for the collection of household waste, ensure that where a collector intends to impose any penalty on a household for non-compliance with the terms of the contract for collecting household kerbside waste, including non-compliance by the householder with regard to properly segregating waste or overloading receptacles, that any such penalty be clearly communicated to the customer, including through the customer charter,

(II) ensure that the collector will, when requested to do so, provide to a local authority, details of the collection service, including details of the collection of separate classes of household waste, details of persons who choose not to partake in the collection of separate classes of household waste, and details of when household waste was last collected, and

(III) report in writing or make available through electronic means, the weight of each and every separate collection of waste and the registration number of each vehicle used to collect and transport each and every separate collection of waste, to the person who presented the waste for collection, at a frequency of not less than once every month,”,

(d) by deleting article 20(2)(k)(vii), and

(e) by deleting the eighth schedule to the regulations.

GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,

30 June 2016.

SIMON COVENEY,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

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

These Regulations amend the Waste Management (Collection Permit) Regu-lations 2007 to remove the requirement on a collector of household waste to charge on a pay by weight per kilogramme basis and other associated requirements for collecting household kerbside waste.