asked the Minister for the Environment if he will make a statement on the environmental protection guidelines and conditions which are in force for any new industry applying for planning permission; the measures which will be taken to ensure that these shall be rigourously enforced; the penalties which will be imposed on the industry for failing to comply; and whether the industry in question will be liable to make good any environmental damage caused to the countryside by failure to comply with these conditions.
Written Answers. - Environmental Protection.
47.
Establishment of a new industry would require planning permission under the Local Government (Planning and Development) Acts and could also, depending on the nature of the industry, require licences under the Air Pollution Act, 1987 and the Local Government (Water Pollution) Act, 1977, and a permit under the EC (Waste) Regulations. The environmental conditions appropriate to particular industrial developments fall to be determined in the context of these statutory controls.
These enactments contain enforcement provisions and provide for penalties in respect of offences. The liability of industries for damage caused by failure to comply with conditions is primarily a matter for the courts. The Local Government (Water Pollution) Act, 1977 provides, however, that application be made to the District Court for an order directing a polluter to take specified measures to mitigate pollution and remedy its effects. Proposals to strengthen the law in this regard are contained in the Local Government (Water Pollution) (Amendment Bill, 1989, which is before the Seanad at present.