EUROPEAN COMMUNITIES (WASTE DIRECTIVE) REGULATIONS 2011
Source: Iris Oifigiúl 2011-04-05

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paragraphs: These Regulations may be cited as the European Communities (Waste Directive) Regulations 2011.
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paragraphs: (1) In these Regulations—
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paragraphs: Section 2 of the Act of 1996 is amended, in the Table to that section—
(a) by deleting “Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils”,
(b) by deleting “Council Directive 75/442/EEC of 15 July, 1975 on waste”,
(c) by deleting “Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste”,
(d) by deleting “Council Directive 87/101/EEC of 22 December, 1986 amending Directive 75/439/EEC on the disposal of waste oils”,
(e) by deleting “Council Directive 91/156/EEC of 18 March, 1991 amending Directive 75/442/EEC on waste”,
(f) by deleting “Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control”, and
(g) by substituting the following for “Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste”:
“Directive 2006/21/EC of the European Parliament and of the Council of 15 March 20062 on the management of waste from extractive industries
Directive 2008/1/EC of the European Parliament and of the Council of 15 January 20083 concerning integrated pollution prevention and control
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives”.
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paragraphs: The Act of 1996 is amended by substituting the following sections for sections 3 and 4:
“Non-application of this Act.
3. (1) This Act shall not apply to—
(a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 20094 on the geological storage of carbon dioxide or excluded from the scope of that Directive pursuant to Article 2(2) of that Directive,
(b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land,
(c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated,
(d) the dumping (within the meaning of the Dumping at Sea Act 1981 (No. 8 of 1981)) of waste at sea,
(e) radioactive waste,
(f) decommissioned explosives, or
(g) faecal matter, if not covered by subsection (2)(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.
(2) This Act shall not apply to the following to the extent that they are covered by other Community acts:
(a) waste waters;
(b) animal by-products, including processed products covered by Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 20095 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/2002 (Animal by-products Regulation);
(c) carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No. 1069/2009;
(d) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC.
(3) Without prejudice to obligations under other relevant Community acts, this Act shall not apply to sediments relocated inside surface waters for the purpose of managing waters and waterways or of preventing floods or mitigating the effects of floods and droughts or land reclamation if it is proved that the sediments are non-hazardous.
Definitions of ‘activity’, ‘disposal’, ‘hazardous waste’, ‘recovery’ and ‘waste’.
4. (1) In this Act—
‘activity’ includes operation;
‘disposal’—
(a) means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy, and