Legislation

The Waste Management Acts, 1996-2003, set out the responsibilities and functions of various persons in relation to waste. They include the following provisions:

• Persons are prohibited from holding, transporting, recovering or disposing of waste in a manner that causes or is likely to cause environmental pollution.
• Transfer of waste to any person other than an 'appropriate person' is prohibited. Appropriate persons include local authorities and holders of waste collection permits, waste management permits and waste licences.
• Any person who carries on activities of an agricultural, commercial or industrial nature is required to take all such reasonable steps as are necessary to prevent or minimise the production of waste.
• Substantial penalties for offences, including fines of up to €15 million, and/or 10 years imprisonment, and/or liability for clean-up measures are provided for by the Acts.

Definition of Waste

Waste is defined as anything the holder discards, intends to discard or is required to discard, including anything listed in the European Waste Catalogue and Hazardous Waste List, 2002.

This definition is quite wide in scope and includes more than the traditional understanding of waste. The definition of waste includes anything passing for recovery or disposal within the meaning of the Waste Management Act, such as scrap metals, surplus soil and stone from earthworks.

Authorisation of Waste Management Facilities

The Waste Management Act makes the operation or use of an unauthorised waste management facility an offence. Such facilities generally need a waste licence or waste permit in order to operate. In Ireland, the primary responsibility for policing unauthorised waste sites rests with the local authority where the facility is situated.

Both operators and users of unauthorised facilities can be prosecuted under the legislation, as well as companies who send their waste to unauthorised facilities. Directors and company managers can be held personally liable if their company is involved in these activities. Landowners being prosecuted for involvement in such activities must prove that they did not consent to the activities taking place.

The EPA (Environmental Protection Agency) issues waste management licences, and waste management permits are issued by the local authority.

To View types of facility that require a waste management permit.

Authorisation of Persons Carrying On Waste Collection Activities

Under the Waste Management Acts 1996-2003 the collection and transporting of waste for profit or reward or otherwise in the course of business requires a waste collection permit issued by a local authority, in accordance with the requirements of the Waste Management (Collection Permit) Regulations 2001.
When seeking to transfer waste to the control of another person for collection or transport for recovery or disposal, please check they have they have the required authorisation. 

More on the Waste Collection Permit Regulations and how to apply for a permit.

Environmental Pollution and Litter Pollution Control

Causing environmental pollution or a risk of environmental pollution as a result of the holding, transporting, disposing, or recovery of waste is an offence under the Waste Management Act, 1996-2003.

Environmental pollution includes the following:

• Adversely affecting the countryside or areas of special interest.
• Causing nuisance through litter, noise or odour.
• Creating a risk to water, air, land, plants, animals or human health.

Please note that this definition encompasses backyard burning of household waste and fly-tipping of waste. Environmental pollution is presumed to have occurred if a waste licence or permit holder fails to comply with the conditions of their permit or the facility is unauthorised.

The production of litter is also an offence under the Litter Pollution Act, 1997.  This Act can also apply to inappropriate waste storage activities, where waste becomes a nuisance when left out for collection, or where litter is created from the movement of un-netted skip vehicles.

Click for details of how to report an environmental pollution incident