The Environmental Protection Agency (EPA) and the local authorities are responsible for waste licensing and waste permitting, respectively, and enforce rigorously the conditions attached to licences and permits. It is a matter for the EPA and/or the local authorities to decide on the appropriate enforcement actions in relation to any non-compliance matters. Two Ministerial policy directions in relation to waste-related enforcement matters have issued under section 60 of the Waste Management Act 1996. Circular letter WIR 04/05, which issued on 3 May 2005, and Circular letter WPRR 04/08, which issued on 25 July 2008, addressed a range of issues including the intensification of action against illegal waste activity and the appropriate use of sanctions and deterrents to secure the required environmental outcome. Further information on these policy directions is available on my Department's website, www.environ.ie .
Under section 60(3) of the Waste Management Act 1996, however, I am precluded from exercising any power in relation to the performance, in particular circumstances, by a local authority or the EPA of a function conferred on it. I am satisfied that the powers available to the EPA and the local authorities for monitoring compliance with waste licences /permits and conditions are adequate, but will keep the matter under review and will take account of suggestions which bodies with enforcement responsibilities and other parties make from time to time in relation to aspects of the enforcement provisions of the Waste Management Acts.
Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance and for An Bord Pleanála on appeal. Issues in relation to planning enforcement are raised with my Department from time to time but enforcement of planning control is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met. Under section 30 of the Planning and Development Act 2000 I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.