Local authorities are responsible for municipal waste collection and waste management planning within their functional areas. The obligations on local authorities relating to collecting household waste are set out in section 33 of the Waste Management Act 1996, as amended. In summary, it provides that each local authority shall collect, or arrange for the collection of, household waste within its functional area. The obligation to collect or arrange for the collection of household waste shall not apply if: an adequate waste collection service is available in the local authority's functional area; the estimated costs of the collection of the waste would, in the opinion of the local authority, be unreasonably high; or the local authority is satisfied that adequate arrangements for the disposal of the waste concerned can reasonably be made by the holder of the waste.
It is open to any local authority to re-enter the waste collection market as direct service providers if they so choose, either alongside existing permitted service providers or subject to making arrangements to replace those providers.
Under section 60(3) of the Waste Management Act 1996 I am, as delegated Minister of State, precluded from exercising any power or control in relation to the performance by a local authority, in particular circumstances, of a statutory function vested in that local authority.
As the Minister of State delegated by the Minister for the Environment, Climate and Communications, I am focused on introducing measures to drive waste minimisation and improve waste segregation to help us achieve our challenging EU targets for municipal waste recycling of 55%, 60% and 65% by 2025, 2030 and 2035, respectively. In this regard I have recently signed regulations to introduce incentivised charging for the commercial sector from 1 July. My Department is currently drafting regulations to roll out biowaste collection to all households in the State with a waste collection service.