Article 27 of the European Communities (Waste Directive) Regulations, 2011, provides that in certain circumstances a material may be treated as a by-product and not a waste. Article 28 of the these Regulations also sets out the grounds by which a material which is recovered or recycled from waste, such as rubble or crushed concrete, can be deemed to be no longer a waste. The EPA has statutory functions for both Article 27 & 28 and, as Minister for Climate Action and Communications, I am precluded from exercising any power or control of the Agency of a statutory function vested in it, under the Waste Management Act (amended) 1996 and the Environment Protection Agency Act, 1992.
My Department has engaged in extensive discussions with the construction industry in relation to the issue of construction and demolition waste at a number of fora including the Construction Waste Resource Group and the Waste Advisory Group. Arising from these discussions, the planning for, and management of, Construction and Demolition Waste has been identified as a priority area in our new national waste policy “A Waste Action Plan for a Circular Economy – Irelands National Waste Policy 2020 – 2025” which I launched earlier this month.
Anyone with specific concerns around possible illegal waste activity or incorrect application of articles 27 and 28 of the European Communities (Waste Directive) Regulations 2011 should contact the relevant enforcement body directly.