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Illegal Dumping

Dáil Éireann Debate, Tuesday - 12 February 2013

Tuesday, 12 February 2013

Questions (463)

Finian McGrath

Question:

463. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his plans regarding littering and illegal dumping in the northside of Dublin. [7075/13]

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Written answers

The primary role of my Department in relation to combating litter and illegal dumping matters is to provide a robust governing legislative framework. The key legislative codes in that regard are the Litter Pollution Acts 1997 to 2009 and the Waste Management Acts 1996 to 2011; in particular, section 32 of the 1996 Act places the responsibility on the holders of waste to ensure that it is managed in a manner that does not cause environmental pollution.

Penalties available under the Litter Pollution Acts for litter offences range from an on-the-spot fine of €150, to a maximum fine of €3,000 on summary conviction, and a maximum fine of €130,000 on conviction on indictment. The fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the court to pay the local authority’s costs and expenses in investigating the offence and bringing the prosecution.

Penalties for more serious dumping offences provided for under the Waste Management Acts are also substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €3,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years.

Notwithstanding the significant penalties currently in place, my Department is preparing legislative proposals that would provide for the introduction of on-the-spot fines for incidences of fly-tipping or small-scale illegal dumping. I expect to be in a position to submit proposed Heads of a Bill in this regard to Government for approval by the end of the first quarter of this year.

The taking of enforcement action in relation to any particular incident of littering or illegal dumping is a matter for the relevant local authority concerned and also the Environmental Protection Agency’s Office of Environmental Enforcement which supervises the environmental protection activities of local authorities. While having no operational role in these matters, my Department provides funding to support the activities of a network of local authority environmental enforcement officers. Each local authority sets out an annual programme of action, detailing the enforcement activities towards which this funding will be utilised. Typically, such programmes also include actions to tackle illegal dumping. I expect to be in a position to finalise 2013 funding allocations for this purpose in the coming weeks, in the context of finalising the overall allocations from the Environment Fund.

My Department also provides funding for an Anti-Litter Awareness Grant Scheme. Once the 2013 Environment Fund allocations are finalised, local authorities will be invited to apply for grant aid for projects which meet the criteria governing the scheme.

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