There can be no excuse for illegal dumping activities and no effort must be spared in ensuring that our waste is managed in an environmentally appropriate manner. In this regard, all sectors of society, business, households, the waste industry and the government at central and local levels, have responsibilities and must play their part.
I have clearly recognised, on many occasions, the importance of ensuring that the Governmental system plays its part, particularly in terms of achieving more vigorous enforcement of the waste code and I have already introduced a number of significant initiatives in this area.
The Protection of the Environment Act 2003 provides for a range of strengthened waste-related enforcement provisions including significant increases in the fines for offences, up to a maximum of €15 million for conviction on indictment; reversal of the burden of proof in certain cases so that it will be up to the defendant to prove that an activity did not cause environmental pollution; a new provision through which landowners can, by virtue of certain factors, be deemed to be complicit in illegal dumping activities on their lands, unless the contrary can be proved; strengthening of the powers of, authorised persons, under the Waste Management Acts in relation to the stopping, inspection and detention of vehicles and the empowerment of the Garda Commissioner to appoint members of the Garda Síochána to be, authorised persons, ensuring that the powers under the Acts can be made available, speedily, to individual gardaí where necessary; extension to the EPA of certain powers available to local authorities in relation to the serving of notices and carrying out of remedial works – recovering the costs from the relevant parties, specific power for the High Court, when making orders in cases brought before it, to include, in orders for costs, provision for the recoupment of the costs incurred by the EPA in carrying out inspections, undertaking analyses, etc.; recognition, in law, of more modern and effective methods for the taking of samples and recording of evidence – video recording, tape recordings, etc.