Under section 33 of the Waste Management Act 1996, local authorities are not required to collect, or arrange for the collection, of household waste within their functional areas, if an adequate waste collection service is available, if the estimated costs of undertaking waste collection by the local authority would be unreasonably high, or if the local authority is satisfied that adequate waste management arrangements can reasonably be made by the holders of waste.
Currently, very few local authorities directly provide household waste collection services. In many areas, a number of private sector waste collectors offer competing services to householders, subject to the applicable environmental and other relevant legislation. Waste collection in Ireland is subject primarily to compliance with the 1996 Act, and the conditions attached to each waste collector's collection permit issued by the relevant local authority under the Waste Management (Collection Permit) Regulations 2007. Waste collection in individual local authority areas may also be subject to local bye-laws. As such, local authorities are responsible for local regulation and oversight, including the inspection and enforcement regimes, notwithstanding that many local authorities no longer collect household waste. Such functions are shared between the elected members and the executive. For example, the making of bye-laws is a reserved function. The Programme for Government commits to the development of a coherent national waste policy, adhering to the waste hierarchy, which will aim to minimise waste disposal in landfill and maximise recovery. I expect to be in a position to submit final proposals in this regard to Government in the coming weeks.
