Dáil Éireann Debate, Tuesday - 8 July 2014
559. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if waste brokers who do not handle the waste themselves require a waste collection permit under waste management legislation or regulations to secure local authority waste disposal contracts. [29931/14]
View answer560. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if waste brokers who handle but do not transport waste require a waste collection permit under waste management legislation or regulations to secure local authority waste disposal contracts. [29932/14]
View answerI propose to take Questions Nos. 559 and 560 together.
Article 6 of the Waste Management (Registration of Brokers and Dealers) Regulations 2008 requires that each broker or dealer shall apply for registration to the competent authority, with Article 8 of the Regulations establishing criteria under which such application for a Certificate of Registration shall be refused. Article 9 of the Regulations provides that the competent authority shall attach appropriate conditions to a Certificate of Registration issued to a broker or dealer.
In addition, the general duties of a holder of waste under Section 32 of the Waste Management Act (as amended) would apply to a broker or dealer who handles waste.
Section 34(1)(a) of the Act also provides that a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business, collect waste, except under and in accordance with a waste collection permit, unless otherwise specified in regulations. Article 30 of the Waste Management (Collection Permit) Regulations 2007 (as amended) sets out the aforementioned exemptions, whereby a collector of waste is not required to hold a waste collection permit. Irrespective of whether a person is registered as a waste broker, any person collecting waste must hold a waste collection permit, unless that person is otherwise exempted from doing so in accordance with Section 34(1)(a) of that Act.
