De 21A.-—{(1) Subject to subsection (2), whenever

SEANAD EIREANN

AN BILLE UM BAINISTIÜ DRAMHAIOLA, 1995
— ANCOISTE,

WASTE MANAGEMENT BILL, 1995 — COMMITTEE,

"Government amendments are distinguished by an osterisk

 

SECTION 66 5
22. In page 86, between lines 38 and 39, to insert the following '
new subsections:

*(2) Section 3 of the Local Government (Water Pollution) Act,
1977, is bereby amcended by ıhe substitution for subsection (3)
(inserted by the Local Government (Water Pollution) (Amendment) .
Act, 1990) of the following subsection: Su

(3) It shall be a defence 10 a charge of itting an offence _
under this section for the accused to prove that he took all
reasonable care 10 prevent the entry io waters 30 which Ihe

u 1 a

N management
„ (imserted by Ihe Waste Management Act, of the Local
(Water Pollution) (Amendment a AR 10:

C) The iöcal Government (Water Polutica) (Amendment) Act

.,

1990, i amended by the insert; the
, aher secten ZI by the insertion of the following section

..n
°

"=... + a localauthority considers that, pläns for the pur-
poses of preventing, eliminating ‘or minimising
}

oO: De _ Lo

6762582 28-02-96 09:56

SECTION 66—<ontinued

or neip "
age su) ur!

eiatea Zuuzu da Bil.

the entry of polluting matter to waters from an
activity referred to in section 21 (1) (b) (being an
activity that is carried on in its functional area) it
is necessary to do so, it may serve a notice in wnit-
ing under this section.on—

(a) the owneı of the land on which the
activity is carried on, or

(b) if ihe owner of the said land is not in
occupation ihereof, the person who is
in occupation of Ihe said land, requir-
ing the person to prepare and fumish
to it for its approval under this section
a plan (in this section referred to as a
“nutrient management plan”) in
relation to the activity within a speci-
fied period, being a period of not less
than 5 months beginning on the date
of service of the notice.

(2) A notice under subsection (1) shall not be
served on a person in relation to an activity the
carıying on of which requires the grant of a
licence under Part IV of the Environmental Pro-
tection Agency Act, 1992.

(3) Before a local authority decides 10 exercise
the power conferred by subsection (1), (whether
generally as respects activities referred to in
section 21 (1) (b) carried m lands in its func-

(4) A notice under this section—

(s) shall require that Ihe nutrient manage-
ment plan—

 

(89) 85

bD’bcIEL

6762582

SECTION 66—<ontinued

28-02-9686 09:57

accordance with a programme of
sampling and analysis to be
determined by the local authority
alter consultation with the person
on whom the notice is served
(hereafter in this section referred
to as “the relevant person”),

(iv) specify the maximum quantities of

such nutrients as are specified in
the notice that, in the opinion of
the relevant person, having
segard to each of the matters
referred 10 in subsection (5),
ought, in each year of the rel-
evant period, to be applied t0, or
injected into, the land concerned,
or such parts thereof as are speci-
fied in the notice, or applied 10
crops growing on that land or
such parts as are so specified,

() specify the times during the rel-

evant period when the appli-
eation to, or the injection into,
the land concerned, or the appli-
cation to crops growing thereon,
of animal and other waste and
chemical fertiliser oughi, and
ought not, in the opinion of the
relevant person, t0 be m
out, having regard to any
requirements and the objeciive of
preventing, eliminating or min-
imising ihe loss of nutrients fo
waters,

(vi) require the keeping and mainten-

. relevant period, containing. such

ance of records in respecı of each
year, or, in the ease of ıhe mat-
ters referred to in clause (III), the
year or ycars concerned, of the

rs as may be determined
by the local authority after con-
sultation with the relevant person
in relation 10—

a a ne
the year con-
er Ba Ten

(A) the production, treat-
ment, receiving from, or

transfer to, another
ee
other waste,

(B) the tion 10, or the

(89) 86

. ——

 

gene

nn ne

6782562
6762582 28-02-9565 09:57 (89) 87

SECTION 66—continued
thereon, by him of ani-
mal or other waste and
ıhe times and rates at
which such application
or injection is carried
out,

(IT) the types and quantities of
chemical fertiliser applied to
the land concemed during
ıhe year concerned and the
times and rates at which such
application is carried out,

(III) the results of the determi--
nation referred to in subpar-
agraph (iii) made in relation
to ıbe land concerned and,
as ihe case may be, of any
further determination of
such kind made, pursuant to
a requirement under para-

graph (b) (ü), during the

neemed,

. year co

(vü) require such information in
relstion to the matters referred to
in this paragraph and, as ıhe case

may be, paragraph (b), as is
ified in the notice to be fur-

nished to ıhe local authority,

(b) may require ıhat the nutrient manage-

4 en u

6762582 28-02-%5 09:57

SECTION 6—continued

(iii) shall address such other matters as
the local authority considers
necessary for the purpose of
preventing, eliminating or min-
imising the entry of nutrients to
waters from the activity con-
cemed and specified in the
notice.

(5) The matters referred to in subseclion (4)
(a) (iv) are—

(a) the nature of the activity concemned,

(b) the type of soil concerned and ıhe types
and concentration of nutrients in that
soil,

(c) the Au of crop previously grown on

concerned and the types of

En previousiy applied to, or

injected into, that land and the rates

of such application or injection, where
relevant,

(d) the types of crop grown or to be grown
on the land concerned,

(e) the intensity of ıhe stocking of siehe
(if any) on the land concerned and of
any other agricultural activities car-
ried on on that land, and u

(f) the need to make efficient use of nutri-
ents having regard 10 any u}
requirements and the objective of
preventing, eliminating or minimising
the loss of nutrients to waters.

a nutrient

er ge .@ @A Ic pe
u nubsection (N), may, dr
writing on

*
‘

rt service of a notice in

(809) n8

6762582
6762582 28-92-96 09:58

SECTION 66-continued

person who furnished tbe plan 10 it,
require that person 10 prepare ®
{urnish to it another such plan and
subsection (3) and the other pro-
visions of this section shall appty 10
such a notice and such a plan 85 they
apply to a notice under subsection (1)
and a plan fumished t0 it pursuant 10
a notice under that subsection.

(b) The reference in subsection (2) ı0 a
notice under subsection (1) indudes &
reference to & notice under this
subsection.

(9) I£, upon the expiration of the period of 2
months from the date of receipt by it of a nutrient
management plan prepared and fumished in
accordance with a notice under this secüon, ibe
local authority concermed has neither given &
decision under subsection (7) 10 sefuse to
approve of the plan nor 8 decision thereunder 10

. approve of the plan (by either of the means
referred to in that subsection), the local authority
shall be deemed to have approved of the plan
under that subsection.

(10) A nutrient management plan may, with
the prior written consent of the local authority

which-approved of the plan under this section, be
varied during ıhe relevant period.

(11) A person who fails to comply with a
notice under subsection (1) or (8) within the Per
Ind specificd in the notice shall be gullty 0 94

offence and be liable on summary eonviction 10 4

fine not exceeding £1,000 or 10 imprisonment for
a term not exceeding 6 months, or to both.

(12) Proceedings for an offence under this
section may be brought by the local authonty
which served ıhe notice ”

[89) 89