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Amendment of section 34 of Act of 1996.
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6.—Section 34 of the Act of 1996 is amended—
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(a) by the substitution for paragraph (a) of subsection (1) of the following paragraphs:
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“(a) Subject to paragraph (b), 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, on or after such date as may be prescribed, save under and in accordance with a permit (in this Act referred to as a ‘waste collection permit’) granted by—
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(i) the local authority in whose functional area the waste is collected,
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(ii) such other local authority as stands nominated for the purpose in accordance with paragraph (aa), or
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(iii) such other body or bodies as may be prescribed.
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(aa) Where two or more local authorities—
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(i) have jointly made, or propose jointly to make, a waste management plan under section 22(3), or
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(ii) are otherwise cooperating with one another to achieve common objectives with respect to waste management in their functional areas,
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the local authorities may or shall, if the Minister requires them to do so, decide that, for the purposes of the said plan or the achievement of the said objectives, one of them shall perform each of the functions under this section in relation to waste collection permits with respect to each of their functional areas and, accordingly, nominate that local authority for that purpose.”,
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(b) by the substitution for subsection (13) of the following subsection:
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“(13) (a) The reference in subsection (1)(a) to a local authority, where it first occurs, shall be construed as including a reference to the corporation of a borough of any kind and the council of an urban district.
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(b) Each other reference in this section (other than subsections (1)(aa) and (4)) to a local authority shall be construed as including a reference to a body standing prescribed for the purposes of subsection (1)(a)(iii).
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(c) If a body stands prescribed for the purposes aforesaid, then this section shall have effect in so far as it relates to such a body, as if the following subsection were substituted for subsection (4):
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‘(4) A body standing prescribed for the purposes of subsection (1)(a)(iii) shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is in accordance with any relevant provisions of the waste management plan or plans that is or are in force in the functional area or areas of the local authority or authorities in which permit will have effect.’.”.
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