Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 11th July, 2014.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 , 18 , 32 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:

1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014.

2. In these Regulations "purchased" in relation to waste material means acquiring waste material in the course of business in exchange for any consideration, including money, or in exchange for a prize, or otherwise in exchange for a gift.

3. The Waste Management (Facility Permit and Registration) Regulations 2007 (No. 821 of 2007) are amended:-

(a) In article 19, by inserting the following after sub-article (1)(h):

"(i) conditions aimed at ensuring full traceability of any waste purchased in order to ensure full compliance with the provisions of the Act and to protect the environment and human health. Such conditions shall include:

(i) the production of proof of identity of the person supplying the material, such proof being,

(a) a valid passport, or

(b) a current Irish driving licence, or learner driver permit, or,

(c) a Public Services Card issued by the Department of Social Protection.

(ii) the production of proof of current address of the person supplying the material, such proof being,

(a) a current utility bill addressed to that person at their stated address, or,

(b) a document issued by a Government Department addressed to that person at their stated address within the previous three months,

(c) a current car or home insurance policy addressed to that person at their stated address, or,

(d) a current Tax Credit Certificate or Tax Clearance Certificate issued by the Office of the Revenue Commissioners to that person at their stated address,

(iii) records to be kept of the name, identity, registration number and where appropriate, waste collection permit number of the delivery vehicle,

(iv) description and weight of the materials, time and date of sale, and amount paid which shall be recorded,

(v) a signed statement by the person supplying the material that they are the lawful owner of the material or have the consent of the lawful owner to sell the material."

(b) in article 36, by inserting the following after sub-paragraph 1(e):

"(f) waste facility permit holder, or other relevant person, is in breach of conditions relating to traceability as set out in article 19(1)(i)."

(c) in article 38,by inserting the following after sub-paragraph 7(e):

"(f) there is reason to believe that the waste facility permit holder, or other relevant person, is in breach of conditions relating to traceability as set out in article 19(1)(i)."

GIVEN under my Official Seal,

7 July 2014.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No 821 of 2007 ) by strengthening conditions in relation to traceability of material being recovered or recycled by,in particular, putting an onus on proof of ownership and full traceability for material purchased at permitted waste facilities.