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legislation update |
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- Irish Waste and Planning Policy
- The Waste Management (Amendment) Act 2001 (Sec. 73) provides for an increase in the landfill levy of up to €5 per tonne per annum by order of the Minister of the Environment following the introduction of the Landfill levy Regs (introduced in 2002). No maximum limit for the levy is set i.e. the levy can be increased by €5 per annum indefinitely.
- The headline changes introduced by Taking Stock and Moving Forward (DoEHLG April 2004) and the recently issued Greater Dublin Area (GDA) Regional Planning Guidelines (RPGs) are as follows:
- Interregional transfer of waste is advocated
- A shortfall in landfill capacity is recognised.
- Policy and planning guidelines recognise shortfall in facilities to compost, recycle and convert waste to energy
- Waste policy requires use base charging from the 1st January 2005
- GDA RPGs recognise community gain may be necessary in the development of new waste management facilities
- Waste quantities have grown at a faster rate than predicted.
- Provision of new waste facilities is progressing more slowly than anticipated.
- Changing Our Ways (1998) sets the following targets to be achieved by 2013:
- Diversion of 50% of overall household waste away from landfill,
- A minimum 65% reduction in biodegradable municipal wastes consigned to landfill,
- Treatment capacity for 300,000 tonnes of organic waste annually,
- Materials recycling of 35% of municipal waste,
- Recovery of at least 85% of construction and demolition waste by 2013
- Rationalisation of municipal waste landfills to an integrated network of 20 state-of-the-art residual landfill facilities
- Movement of Waste
Existing Waste Collection Permitting Regulations is under review by the DoEHLG with input from the EPA. It is hoped a revised system will result in more transparency and lead to better enforcement.
Exports
Evolving jurisprudence at EU level as to definitions of “waste”, “recovery” and “disposal” make it difficult to predict where this space will migrate other than to note the Commission’s resolve to promote a Europe wide market for waste as for other goods and services.
- Authorisation and Management of Waste Facilities
Landfill Directive, National Strategy on Biowaste (Draft), Nitrates Directive and Animal by-Product Regulations
- Ireland’s targets for diversion of biowaste from landfills are as follows:
| 2006 |
75% |
843,303 |
| 2009 |
50% |
562,202 |
| 2016 |
35% |
393,541 |
- National Strategy on Biowaste reaffirms Landfill Directive targets (above). No derogation is proposed. Currently, the UK’s Department of Environment, Food and Rural Affairs (DEFRA) propose that penalties be imposed of Stg£200 per tonne for landfills breaching targets.
- It is intended to integrate the Biowaste Directive into a new Soils Directive (expected 3/4 years). As a consequence, uncertainty surrounds collection (source segregation), treatment (parameters) and end product use requirements.
- Pre-treatment of wastes is required prior to landfilling in new sites from 2009
- Nitrates Directive and An Bord Pleanala (ABP) Regulations will reduce disposal options e.g. landspreading and favour composting and anaerobic digestion (AD)
Protection of the Environment Act 2003
- Development plan is deemed to include the objectives of Waste Management Plans (WMPs) and the WMPs take precedence over County Development Plans
- Planning permission cannot be refused solely because it is not in a WMP
- Increased fines (€3K and €15M)
- Waste licences can be suspended or revoked by the EPA without recourse to the Courts
- Burden of proof rests with the polluter to demonstrate environmental pollution was not caused by an activity.
Critical Infrastructure Bill
- Uncertainty as to when or if this will proceed (political differences at Government level have delayed its publication).
- If it does proceed and does include for waste facilities it is not clear whether all such facilities will be included or only those sponsored by the public sector. If the latter then could give such developments a very significant advantage over those promoted by the private sector.
- Waste Planning
Review and updating of WMPs is currently underway and most regions will have draft plans out later this year (2005). Issues of note in relation to each plan, include:
- Existing and Predicted Waste Arisings (generally underestimated)
- Findings of the recent Department of Environment Heritage and Local Government (DoEHLG) Reviews
- Role of Private Waste Management Sector (including PPP arrangements)
- Effective engagement with the private waste sector
- Issue of commercial and industrial waste
- Inter-regional movement of waste
- Residual Landfill
- Waste Products
Waste Management (Packaging) Regs 2003
- Include packaging consumed on producer’s premises
- Producer’s required to segregate packaging waste arising for recycling
- Landfilling of recyclable commercial waste banned since March 2003.
Waste from Electrical and Electronic Equipment (WEEE) Directive and Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive (Adopted in 2003)
- Transposition into Irish law by the 13/08/2004
- Make provision for separate household collections
- Make provision for financing and recovery; a scheme similar to Repak is proposed
- Free Producer takeback
- Residual Landfill
- Retailers are obliged to take back uncontaminated WEEE from consumers FOC and dispose of the materials FOC at LA civic amenity sites.
- Producers (burden on importers in Ireland) are liable for financing of obligations
Proposed Battery Directive
- Ban on landfilling/incineration of batteries
- Target of 4-5 portable batteries per person collected
- 100% of large (lead acid etc.) and 90% of portable batteries (pocket batteries) to be recycled
End of Life Vehicles (ELV) Directive
- Producer responsible for free take back to commence from 01/03/05
- Mandatory deposition by last registered owners and certificate of destruction issued
- Free take back can only take place at authorised facilities
- Society Of Irish Motor Industry to:
- coordinate free take back and funding
- set up sufficient facilities to minimise travel to 50km
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