Waste Management (Amendment) Act, 2001

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Amendment of section 22 of Act of 1996.

4.—Section 22 of the Act of 1996 is amended by the substitution of the following subsections for subsection (10):

“(10) (a) On and from the passing of the Waste Management (Amendment) Act, 2001, but without prejudice to paragraph (c), the duties of a local authority under this section with respect to the making of a waste management plan shall be carried out by the manager of the authority and, accordingly, the making of such a plan shall be an executive function.

(b) For the avoidance of doubt, the waste management plans to which paragraph (a) applies include such a plan which a local authority indicated its intention, before the passing of the Waste Management (Amendment) Act, 2001, to make jointly with one or more other local authorities but which plan it subsequently (but before the said passing) decided not to make.

(c) Where in the opinion of the manager of a local authority a waste management plan purporting to be made, before the passing of the Waste Management (Amendment) Act, 2001, by the authority jointly with one or more other local authorities is invalid because the decision of the authority purporting to make the plan, expressly or by implication, qualifies its assent to the plan—

(i) by making its assent to the plan subject to one or more conditions being satisfied, or

(ii) by the authority purporting to reserve to itself a power to vary the plan, otherwise than pursuant to the powers conferred on it in that behalf by this section, or

(iii) in any other respect whatsoever,

the manager shall, not later than the date prescribed for the purposes of subsection (2), by order—

(I) declare that he or she is of that opinion, and

(II) make the said plan,

and the said plan, as so made, shall, accordingly, be deemed for all purposes to be the waste management plan made by the local authority, but without prejudice to any steps taken by that or any other local authority, before the date of the making of the said order, pursuant to the terms of the said plan as purported to be jointly made by those local authorities.

(d) Subject to paragraph (f), the review, variation or replacement of a waste management plan shall be a reserved function.

(e) A local authority shall not, without the consent of the manager of the authority, vary or replace, under subsection (4), a waste management plan within the period of 4 years beginning on the date of the making of the plan.

(f) Where, having published under section 23 a notice of a proposal to vary or replace, under subsection (4), a waste management plan, a local authority does not vary or replace that plan within the period of 3 months beginning on the expiration of the period specified in that notice for the purposes of subsection (2)(a)(i) of section 23 then, notwithstanding paragraph (d), the manager of the authority shall, within the period of 2 months after the expiration of the first-mentioned period, by order vary or replace the said plan (whether in the terms as originally proposed by the authority or with such amendments as the manager thinks fit).

(g) A local authority shall not, by resolution, under section 3 or 4 of the City and County Management (Amendment) Act, 1955 , or section 179 of the Planning and Development Act, 2000 , give a direction that works not be proceeded with or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a waste management plan or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 3, 4 or 179 which contravenes this paragraph shall be void.

(10A) The development plan for the time being in force in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in the waste management plan in force in relation to that area.

(10B) (a) Where a planning authority proposes to grant permission under Part III of the Planning and Development Act, 2000 , for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority's functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall—

(i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area,

(ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under the Planning and Development Act, 2000 .

(b) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.

(c) Following consideration of any submissions or observations received in accordance with paragraph (b), the manager of the planning authority may, subject to, and in accordance with, the provisions of the Planning and Development Act, 2000 (apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.

(d) Section 34(6) of the Planning and Development Act, 2000 , shall not apply to applications for permission referred to in paragraph (a).

(e) Notwithstanding section 34(8) of the Planning and Development Act, 2000 , where a notice referred to in paragraph (a) is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published.

(10C) (1) Where development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the area concerned but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to the area concerned, is proposed to be carried out by—

(a) a local authority that is a planning authority, or

(b) some other person on behalf of, or jointly or in partnership with such a local authority, pursuant to a contract entered into by that local authority,

within the functional area of the authority (hereafter in this section referred to as ‘proposed development’), the manager shall publish notice of the intention of the authority to carry out the proposed development in one or more newspapers circulating in that functional area.

(2) Any submission or observation in writing in relation to the proposed development which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance with paragraph (a) shall be considered by the manager of the authority.

(3) Following consideration of any submissions or observations received in accordance with subsection (2), the manager may—

(a) notwithstanding the fact that the proposed development would materially contravene the development plan, decide to proceed with the proposed development, with or without modifications (and, where he or she so decides, he or she shall follow the relevant procedures contained in section 175 or 179 of the Planning and Development Act, 2000 , as appropriate), or

(b) decide not to proceed with the proposed development.”.