Dáil Éireann Debate, Wednesday - 9 February 2005
155 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the measures he intends to introduce to prevent fly tipping; if he will significantly increase the fines for fly tipping; and if he will make a statement on the matter. [4038/05]
View answerUnder section 32(1) of the Waste Management Act 1996 persons holding, transporting recovering or disposing waste cannot do so in a manner which causes or is likely to cause environmental pollution. Similarly under the Litter Pollution Act 1997, persons are forbidden from depositing litter in a public place or anywhere that is visible from a public place. In addition, the owner or occupier of any lands has a statutory duty to keep the lands litter free.
While enforcement is a matter for the local authorities and the Office of Environmental Enforcement, I will continue to ensure that the regulatory framework and the resources are appropriate to deal with the problem. Very significant powers are available to local authorities under the Waste Management Act 1996 and the Litter Pollution Act 1997 to enable them to tackle illegal waste activity and littering and these powers were further strengthened by the Protection of the Environment Act 2003. These include powers to halt vehicles and inspect premises. Maximum penalties attaching to illegal waste activities are substantial and were increased in the 2003 Act.
To further assist local authorities in acting on these powers, over €7 million has been allocated from the environment fund to support a more vigorous approach to environmental enforcement, with a particular emphasis on combating dumping and other unauthorised waste activities. This is now being reflected in the presence of additional enforcement personnel on the ground. A major study has been commissioned by the Office of Environmental Enforcement to establish and document the extent of unauthorised waste activities in Ireland. Among the objectives of the project are to review and document current procedures and practices used by the relevant authorities to investigate unauthorised waste activities, as well as the use of powers available to tackle unauthorised activities. I will carefully consider the results of this study to identify any further actions or indeed legislative changes that may be necessary in consequence of its findings.
