Waste Management (Licensing) (Amendment) Regulations 1998
Source: Iris Oifigiúl 1998-05-29

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paragraphs: These Regulations may be cited as the Waste Management (Licensing) (Amendment) Regulations, 1998.
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paragraphs: The purposes for which these Regulations are made include the purpose of giving effect to provisions of the Council Directives specified in article 2 of the Waste Management (Licensing) Regulations, 1997 ( S.I. No. 133 of 1997 ).
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paragraphs: The Waste Management (Licensing) Regulations, 1997 are hereby amended by—
(a) the substitution of the following sub-article for sub-article 3(3) —
"(3) In these Regulations, save where the context otherwise requires —
"the Act" means the Waste Management Act, 1996 ;
"an application" means an application for a waste licence or for the review of a waste licence;
"applicant" means an applicant for a waste licence or for the review of a waste licence;
"certified facility" means a waste disposal facility the proposed development of which was certified by the Minister for the Environment and Local Government under Part IV of the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ) or Part IX of the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 );
"decontamination", in relation to PCBs, used PCBs and equipment containing PCBs, means any operation which enables equipment, objects, materials or fluids contaminated by PCBs to be recovered or disposed of without causing environmental pollution, including the replacement of PCBs by fluids which do not contain PCBs, and "decontaminated" shall be construed accordingly;
"development" has the meaning assigned to it in the Act of 1963;
"existing facility" shall be construed in accordance with sub-article (4);
"the Environmental Impact Assessment Regulations" means the European Communities, (Environmental Impact Assessment) Regulations, 1989 to 1996;
"Member State" means a Member State of the European Communities;
"objection" means an objection under section 42 of the Act;
"oral hearing" means an oral hearing under section 42 of the Act;
"party to the objection" means any of the following persons —
(i) the objector,
(ii) the applicant for a waste licence, or the licensee in the case of a review of a waste licence, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee),
and "party" shall be construed accordingly;
"PCBs" means —
(a) polychlorinated biphenyls,
(b) polychlorinated terphenyls,
(c) monomethyl-tetrachlorodiphenyl methane,
(d) monomethyl-dichloro-diphenyl methane,
(e) monomethyl-dibromo-diphenyl methane, or.
(f) any mixture containing in excess of 0.005% by weight of any of the substances specified at (a) to (e);
"PCB contaminated equipment" means any equipment (including any transformer, power capacitor or receptacle containing residual stocks) which —
(a) contains PCBs, or
(b) having contained PCBs, has not been decontaminated;
"Planning and Development Regulations" means the Local Government (Planning and Development) Regulations, 1994 to 1997;
"planning permission" means a permission granted under Part IV of the Act of 1963;
"the register" means the register established by the Agency under section 19 of the Act;
"related waste operation" means, in relation to an activity the carrying on of which by a person requires a waste licence, any operation involving the holding, recovery or disposal of waste by or on behalf of the said person which is carried on in, on or adjacent to, the facility at which the said activity is carried on;
"review of a waste licence" means a review of a waste licence under section 46 of the Act;
"waste licence" means a waste licence for the purposes of Part V of the Act;
"waste oils" means any mineral-based lubrication or industrial oils which have become waste (including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils). ";
(b) the addition after sub-article 3(3) of the following sub-articles —
"(4) In these Regulations, "existing facility" means, in relation to a date prescribed for the purposes of section 39(1) of the Act in relation to a waste recovery or disposal activity, a facility at which that activity was, at any time on or after the 1st day of May, 1996 and before the date so prescribed, carried on in accordance with a permit (where required) under the European Communities (Waste) Regulations, 1979, the European Communities (Toxic and Dangerous Waste) Regulations, 1982 or the European Communities (Waste Oils) Regulations, 1992, provided that a facility shall not be regarded as an existing facility in relation to the 20th day of May, 1998 unless there was in force, immediately before that date, a permit (where required) under the aforementioned Regulations.
(5) Any equipment of a type which is likely to contain PCBs shall, for the purposes of these Regulations, be considered as containing PCBs unless it is reasonable to assume the contrary.
(6) Where any part of a facility for the recovery or disposal of waste is located in an area which is not within the functional area of any local authority, the facility shall be deemed, for the purposes of these Regulations, to be a facility which is not located within the functional area of a local authority. ";
(c) the substitution of the following sub-article for sub-article 4(3) —