COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, October 08, 2018
HEADED ITEM NO. 16
DRAFT WASTE MANAGEMENT (STORAGE, PRESENTATION AND SEGREGATION OF HOUSEHOLD AND COMMERCIAL WASTE) BYE-LAWS 2018
Background:
South Dublin County Council previously made Household Waste Presentation Bye-Laws in 2012 and Commercial Waste Presentation Bye- Laws in 2007
A review of existing Waste Presentation Bye-Laws was initiated in 2017 by the 3 Regional Waste Offices to enable the development of a consistent set of Bye-Laws across the country which would assist Local Authorities in the enforcement of waste storage, presentation and collection.
A draft Bye-Laws template was circulated by the Regional Authorities to all Local Authorities for consideration and input and South Dublin County Council considered the initial draft and provided input as appropriate. A final draft template was delivered by the Eastern-Midlands Regional Waste Office in Q2/2018 which formed the basis of a new public consultation process recently undertaken locally by South Dublin County Council.
Legislative background to the making of Bye-Laws:
Waste Presentation Bye-laws are made via the general statutory powers on Bye-Law making which are conferred on Local Authorities by Part 19 of the Local Government Act 2001. These powers are supplemented by Section 35 of the Waste Management Act 1996-2003, with this Section being the basis of the content of the Waste Presentation Bye-Laws.
The approval / making of Bye-Laws is a Reserved Function of the Council, as is the consideration of submissions, should submissions have been received.
Once made, a copy of the Bye-Law must be published in the newspaper circulating in the area to which the Bye-Law relates, in Iris Oifigiúil and a copy issued to the appropriate Minister(s) and Superintendent of Garda Divisions.
The date when the Waste Presentation Bye-Law comes into force is the date set by the text of the actual Bye-Law and must be no less than 30 days after the bye-law was made.
Submitted:
The public consultation process for the South Dublin County Council Draft Waste Presentation Bye-Laws was initiated in June 2018.
The formal public consultation period was from Thursday 28th June 2018 to Tuesday 28th August 2018.
Notice of the Council’s proposal to make new waste presentation Bye-Laws in its administrative area was published week commencing 25th June 2018 in the Echo and Gazette newspapers.
The Draft Bye-Laws were published on the Council’s website week commencing 25th June 2018 and copies made available for inspection during the said period at South Dublin County Council’s County Hall, Tallaght; Civic Offices, Clondalkin; Public Libraries at Ballyroan, Clondalkin, Lucan and Tallaght.
In accordance with the provisions of the Local Government Act 2001 (Bye-Laws) Regulations 2006, a copy of the draft Bye-Laws was circulated to the Minister for Communications, Climate Action and Environment; the Minister for Housing, Planning and Local Government and Superintendents of Garda Districts within the county.
No submissions relative to the Draft Bye-Laws public consultation process were received on / before / after the closing date (Tuesday 28th August 2018).
A report on the draft Bye-Laws and the public consultation process was considered at the September Meeting of the Environment Public Realm and Climate Change Strategic Policy Committee held on 4th September 2018.
Recommendation:
It is the recommendation of the members of the Environment Public Realm and Climate Change Strategic Policy Committee that the Council make the WASTE MANAGEMENT (STORAGE, PRESENTATION AND SEGREGATION OF HOUSEHOLD AND COMMERCIAL WASTE) BYE-LAWS 2018 in accordance with the draft Bye-Laws published as part of the public consultation process.