Vol. 548 No. 5
318 Mr. J. Bruton asked the Minister for the Environment and Local Government if he will issue a policy directive to Louth County Council under Section 60 of the Waste Management Act, 1996 in respect of a matter (details supplied). [5467/02]
322 Mr. J. Bruton asked the Minister for the Environment and Local Government if he will publish the report of an inspector appointed by his Department to evaluate the contents of the report of the water keeper regarding the Newtowndarver area of County Louth; if not, the reason therefor; and if he will make a statement on the action he proposes to take on the report. [5471/02]
334 Mr. J. Bruton asked the Minister for the Environment and Local Government if he has received complaints concerning illegal dumping activities in County Louth; if he has received documentation which show that Louth County Council failed to enforce notices on a landowner to remove waste dumped illegally on his land; the action he proposes to take to ensure that enforcement notices are complied with, that the illegal dumping is stopped and the culprits are brought to justice; and if he will make a statement on the matter. [5637/02]
335 Mr. J. Bruton asked the Minister for the Environment and Local Government if a company in County Louth was eligible to obtain a grant of ?132,530 under the waste management programme of the operational programme for environmental services 1994-99; if the grant will be reclaimed as the company has since been dissolved; and if he will make a statement on the matter. [5639/02]
I propose to take Questions Nos. 318, 322, 334 and 335 together.
Complaints have been received in my Department regarding, among other things, alleged unauthorised waste activity in County Louth and the response of Louth County Council in regard to these allegations. Under section 59 of the 1996 Act, each local authority is responsible for the supervision and the enforcement of the relevant provisions of the Act in relation to the holding, recovery and disposal of waste within its functional area. Neither functions of this kind nor those in relation to the investigation of unauthorised waste activities have been conferred on the Minister for the Environment and Local Government. Similarly, the Minister for the Environment and Local Government has no direct function in the exercise or otherwise by a local authority of the various powers conferred under the 1996 Act.
Section 60(1) of the 1996 Act empowers the Minister for the Environment and Local Government to give general policy directions to local authorities with regard to specified matters. However, the section explicitly provides that this power shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by a local authority of a function conferred on it by, or under, the 1996 Act. Certain of the allegations received in my Department concerned waste activities at or connected with a facility managed by a company which received grant assistance under the operational programme for environmental services, 1994-99. In the circumstances of this case – and without prejudice to the legal position outlined – these complaints are currently being investigated by my Department and I expect to receive a report on the matter very shortly. When I have fully considered that report, I will determine an appropriate course of action. The company concerned was, at the relevant time, considered eligible for the grant assistance concerned, having, among other considerations, satisfied requirements with regard to planning permission, waste permitting and tax clearance. With regard to the possible recovery of this grant assistance, I refer to the reply to Question No. 720 of 30 January 2002.
