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Waste Disposal.

Dáil Éireann Debate, Tuesday - 27 April 2004

Tuesday, 27 April 2004

Questions (724)

Arthur Morgan

Question:

782 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the continued operation of unlicensed waste disposal and quarrying activities throughout the State; if urgent action will be taken to stop the operation of unlicensed waste disposal and quarrying activities which pollute the environment and cause difficulties for licensed operators and their workers; his views on the business of unlicensed operators who flout the planning laws have unfair trade advantage over licensed, compliant operators and thus penalise those companies paying taxes and complying with the law; and if he will make a statement on the matter. [11326/04]

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Written answers

I have emphasised that there can be no excuse for illegal waste activities and that the effective operation of the regulatory regime for the waste sector is a key priority. To this end, I have introduced a number of significant initiatives designed to achieve more vigorous enforcement of the waste code.

First, I took the opportunity of the Protection of the Environment Act 2003 to provide new enforcement powers for the environmental authorities concerned and to increase the maximum fines that can be imposed for contraventions of the waste code. Second, I have recognised the need for improved structural arrangements to underpin the enforcement effort. I announced, last October, details of the establishment of a new Office of Environmental Enforcement, OEE, located within the Environmental Protection Agency. While it has a wide remit, the OEE, at my request, is focusing on waste-related enforcement activities as a priority.

Third, I have allocated €7 million from the environment fund to support the first year of a major five-year programme of local authority waste enforcement activities. The aim is to provide a stronger and more visible local authority enforcement presence on the ground and to ensure more frequent inspections and speedier responses to reported instances of illegal dumping.

On the matter of quarries, I signed an order on 15 April 2004 commencing section 261 of the Planning and Development Act 2000 with effect from 28 April 2004. Section 261 introduces a once-off system of registration for all quarries except those for which planning permission was granted in the past five years. Under the registration system, quarry operators must supply full details of their operations to the planning authority, including on the area of the quarry, the material being extracted, the hours of operation, and the traffic noise and dust generated. Following registration a planning authority can impose conditions on the operation of a pre-1964 quarry or may require such a quarry to apply for planning permission in certain circumstances. Authorities will also be able to restate, modify or add to conditions on the operation of a quarry which received planning permission more than five years ago. I have also published, in tandem with the commencement of this section, guidelines for planning authorities on quarries and ancillary activities.

It would be a matter for individual public sector organisations, in the context of the awarding of contracts, to consider how compliance with the requirements of planning, waste management and other legislative codes, on the part of contractors, is to be secured.

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