lrc_1996_act_10

(LRC Revised)

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LRC Revised Act

Waste Management Act 1996 (LRC Revised) Open official source

Number 10 of 1996

WASTE MANAGEMENT ACT 1996

REVISED

Updated to 8 May 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Waste Management Act 1996

. It is prepared by

the Law Reform Commission in accordance with its function under the

Law Reform

Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including the

Mental Health Act 2026

(11/2026), enacted 7 May 2026, and all statutory instruments up to and

including the

Environment (Miscellaneous Provisions) Act 2026 (Commencement) Order 2026

(S.I. No. 202 of 2026), made 8 May 2026, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie

Number

1996

WASTE MANAGEMENT ACT 1996

REVISED

Updated to 8 May 2026

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

Short title and commencement.

Community acts given effect to by this Act.

Non-application of this Act.

Definitions of “

waste

”, “

hazardous waste

”, “

disposal

”, “

recovery

”.

Interpretation generally.

Repeals and revocations.

Regulations, orders and directions.

Orders in relation to

Third Schedule

Fourth Schedule

Offences by bodies corporate.

10.

Penalties.

10A.

Fixed payment notice for certain offences relating to producer responsibility.

10B.

Fixed payment notice for certain offences relating to waste collection permit.

10C.

Fixed payment notice for

certain offences relating to single use plastic.

11.

Prosecution of offences.

11A.

Presumption in certain prosecutions.

12.

Cost of prosecutions.

13.

Payment of certain fines to local authority, Agency or other persons.

14.

Powers of authorised person.

14A.

Operation of CCTV for certain

purposes.

14B.

Operation of mobile recording

device by authorised person for certain purposes.

14C.

Codes of practice for purposes

sections 14A

and

14B

14D.

Admissibility of evidence

obtained under

section 14

14A

14B

15.

Monitoring and inspection.

16.

Service of notices.

17.

Time for the doing of certain things: Saturdays, Sundays, public holidays, etc.

18.

Information.

19.

20.

Expenses.

21.

Transfer of functions from local authorities to Agency, etc.

21A.

Waste hierarchy.

PART II

Waste Management Planning

22.

Waste management plans.

23.

Publication of notices in relation to waste management plans and procedure on review

of such plans.

24.

Power of Minister in relation to waste management plans.

25.

Duty of local authority on making, varying or replacing a waste management plan.

26.

Hazardous waste management plan.

PART III

Measures to Reduce Production, and Promote Recovery, of Waste

27.

Interpretation (

Part III

27A.

Prevention of

Waste.

27B.

Waste prevention programmes.

28.

Waste prevention and minimisation.

29.

Measures related to recovery of waste.

30.

Public authority waste management.

31.

Recovery of waste by local authorities.

31A.

Costs.

PART IV

Holding, Collection and Movement of Waste

32.

General duty of a holder of waste.

33.

Collection of waste.

34.

Waste collection permits.

34A.

Review of waste collection permit.

34B.

Transfer of a waste collection permit.

34C.

Information required by authorised persons or nominated authority.

34D.

Fit and proper person.

35.

Presentation of waste for collection.

36.

Regulations in relation to movement of waste.

PART V

Recovery And Disposal Of Waste

37.

Interpretation (

Part V

37A.

Principles of self-sufficiency and proximity.

38.

Waste management facilities.

39.

Requirement to hold waste licence.

39A.

Licensing under this Part and Part IV of Act of 1992.

40.

Grant of waste licences.

41.

Conditions attached to a waste licence.

42.

Application for a waste licence or review of a waste licence.

42A.

Calculation of appropriate period and other time limits over holidays.

42B.

Amendments of waste licence of

clerical or technical nature.

42C.

Non-application of proposed

decision procedure to certain applications.

43.

Section 42

: supplementary provisions.

44.

Conduct of oral hearing and

written report thereon.

44A.

Exemption from EIA Directive

for civil emergency or defence.

44B.

Exemption from requirement for

EIA in exceptional circumstances.

44C.

Exemption from requirement to

issue proposed decision.

44D.

Agency to take account of

information specified under section 44B.

44E.

Notice of decision in relation

to application to which exemption under section 44B relates.

45.

Regulations regarding waste licences.

46.

Review of waste licences.

46A.

Review of part of waste

licence.

46B.

Periods for

decision-making.

47.

Transfer of waste licences.

48.

Surrender of waste licences.

48A.

Revocation or suspension of waste licence in certain circumstances.

49.

Limit on duration of waste licences.

50.

Fees.

51.

Recovery of sludges and agricultural waste.

52.

Discharges to sewers.

53.

Financial provisions regarding waste recovery and disposal.

53A.

Operator of landfill facility to impose charge for disposals.

54.

Application of the Act of 1963 and related regulations.

PART VA

Recovery of End-of-Life Vehicles

53B.

Interpretation and supplemental (Part VA).

53C.

Producer responsibility for free treatment and recovery of end-of-life vehicles.

53D.

Requirement to deposit mechanically propelled vehicle for recovery, etc.

53E.

Regulations for purposes of section 53D, etc.

53F.

Offences for failure to comply with section 53D, etc.

PART VB

Waste Electrical and Electronic Equipment

53G.

Interpretation and supplemental (Part VB).

53H.

Regulations for purposes of promoting, supporting or facilitating the prevention,

minimisation, or restriction of hazardous substances in waste.

53I.

Distributor and producer responsibility for the take back, treatment and recovery

of waste electrical and electronic equipment.

53J.

Registration.

53K.

Obligation to mark electrical and electronic equipment placed on the market.

53L.

Obligation to provide information to users of electrical and electronic equipment.

53M.

Obligation to provide information to recovery facilities.

PART VI

General Provisions Regarding Environmental Protection

55.

Power of local authority to require measures to be taken in relation to the holding,

recovery or disposal of waste.

55A.

Powers under section 55 also exercisable by Agency.

56.

Powers of local authority to take measures to prevent or limit environmental pollution

caused by waste.

56A.

Powers under section 56 also exercisable by Agency and clarification of that section.

57.

Powers of High Court in relation to the holding, recovery or disposal of waste.

58.

Remedies for unauthorised holding, recovery or disposal of waste.

59.

Functions of local authorities in regard to waste.

PART VII

Miscellaneous

60.

Policy directions by Minister in relation to waste licensing, the movement of waste

and other matters.

61.

Detention and forfeiture of certain vehicles and equipment.

62.

Power to give effect to Community acts.

(

Repealed

)

63.

Agreements between Agency and other public authorities.

64.

Mass balances of specified substances.

(

Repealed

)

65.

Amendment of Act of 1992 and Act of 1987.

66.

Amendment of Local Government (Water Pollution) Act, 1977.

67.

Immunity of the Agency and local authorities.

68.

Adaptation of certain references and transitional provisions.

69.

Transfer of functions in relation to waste licences.

70.

Exclusion of certain enactments relating to public health.

71.

Abandoned vehicles.

72.

Power to impose environmental

levy.

(Repealed)

73.

Power to impose landfill levy.

73A.

Waste recovery

levy.

74.

Environment Fund.

(Repealed)

75.

Charges for waste services.

75A.

Powers to make regulations in

respect of end-of-waste and by-products processes.

76.

Transitional provisions consequent on Protection of the Environment Act 2003.

76A.

Transitional matters for activities not licensed under this Act consequent upon Industrial

Emissions Directive.

77.

Transitional and savings provisions consequent on Environment (Miscellaneous Provisions)

Act 2015.

FIRST SCHEDULE

Examples of Waste Prevention Measures Referred to in Article 29 of Waste Directive

SECOND SCHEDULE

Properties of Waste which Render it Hazardous

THIRD SCHEDULE

Disposal Operations

FOURTH SCHEDULE

Recovery Operations

FIFTH SCHEDULE

Repeals and Revocations

Part I

Enactments Repealed

Part II

Statutory Instruments Revoked

SIXTH SCHEDULE

Examples of Economic Instruments and other Measures to Provide

Incentives For the Application of the Waste Hierarchy referred to in Article 4(3)

the Waste Directive

SEVENTH SCHEDULE

Implementation Plan to be submitted pursuant to Article 11(3) of the

Waste Directive

Number

1996

WASTE MANAGEMENT ACT 1996

REVISED

Updated to 8 May 2026

AN ACT TO MAKE PROVISION IN RELATION TO THE PREVENTION, MANAGEMENT AND CONTROL OF

WASTE; TO GIVE EFFECT TO PROVISIONS OF CERTAIN ACTS ADOPTED BY INSTITUTIONS OF THE

EUROPEAN COMMUNITIES IN RESPECT OF THOSE MATTERS; TO AMEND THE

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

, AND TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [20

th May

, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

No. 10 of 1996

Waste Management Act 1996

The whole Act.

...

Functions transferred and references construed (22.07.2016) by

Climate Action and Environment (Transfer of Departmental Administration and

Ministerial Functions) Order 2016

(S.I. No. 393 of 2016), arts. 2, 3 and

sch. 1, in operation as per art. 1(2), subject to transitional provisions in arts.

4-8. Note that the name of Minister for and Department of Communications, Energy

and Natural Resources was changed to Communications, Climate Action and

Environment (23.07.2016) by

Communications, Energy and Natural Resources

(Alteration of Name of Department and Title of Minister) Order 2016

(S.I.

No. 421 of 2016), in operation as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions

transferred by this Order are transferred to the Department of Communications, Energy

and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government

contained in any Act or any instrument made under an Act and relating to the administration

and business transferred by paragraph (1) shall, from the commencement of this Order,

be construed as references to the Department of Communications, Energy and Natural

Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and

Local Government by or under any of the provisions of—

(

) the enactments specified in Schedule 1, and

(

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister for Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government

contained in any Act or instrument made under an Act and relating to any functions

transferred by this Order shall, from the commencement of this Order, be construed

as references to the Minister for Communications, Energy and Natural Resources.

...

Schedule 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for the

Environment, Community and Local Government to the Minister for Communications, Energy

and Natural Resources.

...

Waste Management Act 1996

(No. 10 of 1996)

...

Application of collectively cited

Waste Management Acts 1996 to

2003

restricted (21.09.2011) by

European Communities (Birds and Natural

Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22) and sch. 2,

in operation as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the

Second Schedule

that provides for the consent for a plan or project to which this Regulation applies

to be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Waste Management Acts 1996 to 2003

...

Application of Act and authorisations and regulations made under Act

restricted (30.07.2009) by

European Communities Environmental Objectives

(Surface Waters) Regulations 2009

(S.I. No. 272 of 2009), regs. 9 and 11,

in operation as per reg. 1(2).

9. Requirements under Article 7 shall apply to all new authorisations to discharge

into surface waters and to reviews of existing authorisations, granted under the Dumping

at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003,

the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose

under the Act of 1972, or any other enactment, from the date of coming into force

of these Regulations.

...

Review of existing authorisations

11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred

to in Article 9, or any Regulation made to give effect to a requirement of the said

Acts, a public authority shall as soon as may be practicable, but not later than 22

December 2012 and sooner if required or where directed by the Minister,

(

) examine the terms of every authorisation or revised authorisation to which Article

9 applies and for the time being in force and determine whether, having regard to

the requirements of Article 7 of these Regulations, the authorisation or revised authorisation

requires to be reviewed for the purposes of compliance with the said Article, and

(

) if the authorisation or revised authorisation requires to be so reviewed complete

such a review by the required date, or

(

) if the authorisation or revised authorisation does not require to be so reviewed

and accordingly, that no further action is required, declare in writing that this

is the case.

(2) A public authority shall from time to time carry out such further examination,

and where necessary review, of authorisations as may be necessary to ensure compliance

with the environmental objectives and quality standards established by these Regulations.

Requirements for granting of certain authorisations under Act specified (27.07.2009)

European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations

2009

(S.I. No. 296 of 2009), reg. 12 and sch. 4.

12. Without prejudice to the generality of Regulation 9 or any requirement arising

under the European Communities Environmental Objectives (Surface Water) Regulations

2009, a public authority considering an application for authorisation of a discharge

to waters draining to the surface water bodies identified under the First Schedule

to these Regulations, under the Fisheries Acts 1959-2003, the Act of 1977, the Act

of 1992, the Act of 1996 or Regulations made for that purpose under the European Communities

Act of 1972 shall, where it is satisfied that the proposed discharge would not contravene

Article 6(3) and 6(4) of the Habitats Directive, set down in the authorisation, emission

limit values that aim to achieve the ecological quality objectives set out in the

Fourth Schedule to these Regulations.

Editorial Notes

Transitional requirement for license to comply with and be enforced

under collectively cited

Waste Management Acts

provided (31.12.2009) by

Waste Management (Management of Waste From the Extractive Industries)

Regulations 2009

(S.I. No. 566 of 2009), regs. 7(1)(d), 16(3), in operation

as per reg. 1(3).

Enforcement and remedies for non compliance with licences issued under

collectively cited

Waste Management Acts

provided (1.04.2009) by

European Communities (Environmental Liability) Regulations 2008

(S.I.

No. 547 of 2008, reg. 3 and sch. 3, in operation as per reg. 1(2).