Dáil Éireann debate -
Thursday, 10 Oct 2002

Vol. 555 No. 1

Written Answers. - Waste Management.

Bernard Allen

Question:

251 Mr. Allen asked the Minister for the Environment and Local Government the course of action which can be taken against a local authority which has failed to take responsibility for the supervision and enforcement of relevant provisions of the Waste Management Act, 1996, in relation to the holding, recovering and disposal of waste within its functional area; if the council or local authority is legally responsible if it fails to meet its criteria in this regard; and if he will make a statement on the matter. [17635/02]

Minister for the Environment and Local Government (Mr. Cullen)

Under section 59 of the Waste Management Act, 1996, 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. Section 63 of the Environmental Protection Agency Act, 1992, provides that the agency may take specified actions where it is of the opinion that a local authority has failed to perform a statutory function of that authority in relation to environmental protection, or has performed that function in an unsatisfactory manner.

Under the Ombudsman Act, 1980, the Ombudsman is empowered to investigate complaints about administrative actions, delays or inaction adversely affecting persons or bodies in their dealings with public bodies, including local authorities. The Minister for the Environment and Local Government has no direct function in relation to the exercise or otherwise by a local authority of the various powers and functions conferred on it under the 1996 Act.

Bernard Allen

Question:

252 Mr. Allen asked the Minister for the Environment and Local Government the regulations which exist to prevent the burning of rubbish and garden waste in the open air; and his proposals to introduce regulations to prevent the burning of refuse and rubbish before 7 pm each day. [17636/02]

Minister of State at the Department of the Environment and Local Government (Mr. Gallagher)

Under the Air Pollution Act, 1987, the occupier of any premises, other than a private dwelling, is required to use the best practicable means to limit and, if possible, to prevent an emission from such premises. Emission is defined to include a smoke emission. In addition, the occupier of any premises is prohibited from causing or permitting emissions in such a quantity or manner as to be a nuisance. The Act empowers a local authority to serve a notice on the occupier of any premises from where there is an emission specifying the measures necessary to prevent or limit air pollution.

The Waste Management Act, 1996, places a general duty on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Local authorities have specific powers under the Act to require measures to be taken to prevent or limit environmental pollution caused by the holding or disposal of waste , and mitigate or remedy the effects on the environment of any such activity.