I move amendment No. 1:
To delete all words after "That" and substitute the following:
"Dáil Éireann welcomes the major efforts by the Minister for the Environment and Local Government to ensure full and effective implementation, by local authorities and relevant interests as appropriate, of the Waste Management Act, 1996, the Waste Management (Packaging) Regulations, 1997, and the Litter Pollution Act, 1997, through:
–policy development and clear policy direction on waste management, as outlined in the Minister's waste policy statement, Changing our Ways (1998) and on waste recycling where he will issue a further policy statement this year;
–extensive strategic study and progress in waste management planning;
–implementation of a comprehensive system of waste licensing by the Environmental Protection Agency, and waste permitting by local authorities;
–comprehensive updating of regulatory regimes to support full commencement of the Waste Management Act, 1996 from 20 May 1998;
–development of producer responsibility initiatives, including recovery-recycling initiatives by Repak and the Irish Farm Film Producers Group (IFFPG);
–targeted investment and support for recycling under the Operational Programme for Environmental Services, 1994-1999;
–advice and guidance to local authorities on their functions under the Litter Pollution Act, 1997, and the establishment of a new national litter pollution monitoring system;
–sponsorship of the successful National Spring Clean, 1999;
–initiatives and grant aid to raise awareness and support education on litter prevention; and
–a planned new National Anti-Litter Forum."
The motion tabled by the Opposition is opportunistic and cynical. It takes no account of, and does not accord recognition to, the substantial efforts which have been made by Government, local authorities and other agencies in pursuing and implementing progressive waste and litter management policies. It does not recognise the complexity and wide scope of the issues which are being tackled at present. It does not reflect the concrete progress which has been achieved to date in these areas and the ongoing nature of the work in hand. It does not even seem to take account of relevant functional responsibilities underlying EU policy principles applying to waste and the civic and moral responsibilities of the public in relation to litter. Accordingly, I must firmly reject the terms of the motion as proposed.
To date, the primary focus in relation to the operation and implementation of the Waste Management Act has been: the development and improvement of our waste management planning system as a basis for radical improvements in waste management practice and infrastructure; the implementation of an effective and comprehensive waste licensing and permitting system which ensures that waste recovery and disposal activities comply with high standards of environmental protection; the development of producer responsibility initiatives aimed at improved waste recovery performance; and the introduction of secondary legislation in response to EU and national requirements reflected in the Act. This work has been underpinned by clear policy direction, in particular the 1998 policy statement on waste management, Changing Our Ways.
The 1996 Act recognises that meaningful and comprehensive waste management planning is a key prerequisite to improved waste management performance and much effort has been devoted at national, regional and local level to delivering effective results in this regard. Local authorities are required to make waste management plans in respect of their functional areas, and the Environmental Protection Agency is required to make a national hazardous waste management plan.
Detailed requirements in relation to the preparation and content of local authority waste management plans were set out in the Waste Management (Planning) Regulations, 1997. From the outset, local authorities were encouraged by my Department to adopt a regional approach to this planning process with a view to the more efficient provision of services and infrastructure and to carry out preliminary waste management strategy studies to provide a context for evaluating available options and for identifying the measures, or combination of measures, most likely to optimise waste management.
The response of local authorities has been very positive. Some 32 authorities are involved in or have adopted detailed regional waste management strategy studies or are otherwise committed to the making of regional waste management plans. Grant assistance of more than £1.5 million has been allocated under the EU-funded Operational Programme for Environmental Services 1994-99 in respect of a number of these strategy studies.
The October 1998 policy statement on waste management, Changing Our Ways, is addressed chiefly to local authorities and is intended to provide a national policy framework for the adoption and implementation by local authorities of strategic waste management plans under which national objectives and targets will be attained. The statement outlines the Government's policy objectives in relation to waste management and suggests some key issues and considerations which must be addressed in order to achieve these objectives. In particular, it focuses on the need to give clear and practical expression to the requirements of the waste hierarchy by developing and pursuing integrated solutions which combine progressive policies with a sustainable and cost effective waste infrastructure.
The policy statement strongly endorsed meaningful strategic planning on a regionalised basis; a dramatic reduction in reliance on landfill in favour of an integrated waste management approach which utilises a range of waste treatment options to deliver effective and efficient waste services and ambitious recycling and recovery targets; greater participation by the private sector in the provision of waste management services; a more effective and equitable system of waste charging which provides incentives for waste minimisation and recovery; greater utilisation of legislative instruments extending the scope of producer responsibility initiatives; and the mobilisation of public support and participation.
Various ambitious targets were set for achievement over a 15 year timescale as outlined by Deputy Dukes. It is our intention to expand upon the policy issues and guidance outlined in Changing Our Ways with the publication later this year of another policy statement focusing on recycling and waste recovery generally. This policy document will address the factors and practical considerations which are relevant to the achievement of Government policy objectives and targets in this area. A number of relevant initiatives are already in place or in development and we are determined that the systematic approach being taken successfully in regard to strategic waste planning will also be pursued in the whole area of waste recovery and recycling. The new policy statement will provide firm leadership in this area and will outline the scope of measures which will be undertaken in the interests of a sustained expansion in recycling performance.
It is evident that, in their strategic planning exercise, which is well advanced, local authorities are being guided by Changing Our Ways and that regional waste management plans will seek to give effect to the policy objectives and targets outlined in that statement. In particular, the emerging regional strategy studies address the scope for, and make recommendations regarding the provision of, an integrated waste management infrastructure, including kerbside collection of recyclable materials in urban areas; bringing facilities for recyclable materials in rural areas; civic amenity sites and waste transfer stations; biological treatment of green and organic household waste, materials recovery facilities; recycling capacity for construction and demolition waste; thermal treatment facilities; and residual landfill requirements. The formal adoption of statutory waste management plans should be substantively completed by mid-autumn.
I am very pleased to acknowledge that local authorities have, in this planning process, demonstrated a willingness to embrace change and address sensitive issues in a realistic manner and I am confident that this positive approach will continue as they address the implementation of their plans. My Department will continue to liaise closely with local authorities as this planning process is brought to a conclusion and we will endeavour to provide ongoing support, advice and guidance to local authorities in regard to their development programmes.
It is evident that the development of requisite infrastructure within the seven year timescale envisaged in Changing Our Ways will represent a major undertaking, requiring wholehearted commitment on the part of Government and local authorities and active participation of the private sector. Significant capital investment will be necessary.
Support has already been provided for the expansion of waste recycling and other necessary infrastructure. Under the Operational Programme for Environmental Services 1994-99 an EU-funded programme of grant assistance in respect of local authority and private waste recycling infrastructure is currently under way, involving grant expenditure of more than £7.7 million in respect of some 70 individual projects. Grant assistance of more than £2.5 million has also been approved in respect of 11 projects involving hazardous waste management infrastructure. However, the scale of investment now required is of a completely different order. Based on the strategy studies and plans which have been completed to date, it is estimated that total capital investment required to meet projected infrastructural requirements in the solid waste area will exceed £600 million.
These infrastructural requirements can be best achieved through the establishment of public-private partnerships delivering integrated regional solutions. As outlined in Changing Our Ways, there is considerable scope for increased participation by the private sector in all areas of waste management in Ireland, including the establishment and operation of waste recovery and disposal facilities. Private participation can contribute not just capital investment in infrastructure but specialist expertise in the application of alternative and emerging technologies, a better understanding of the dynamics of the marketplace, especially in relation to recyclables, and, in some cases, greater operational efficiency and flexibility. It can also release local authority staff and resources for other productive uses.
Public-private partnerships are very well established in other EU countries and there is now considerable interest by the private sector in investment opportunities in waste management in Ireland. The potential for partnership arrangements is now being explored. A specially resourced unit has been set up in my Department to pursue the implementation of public-private partnership arrangements and will provide advice to local authorities with regard to procurement of necessary waste management infrastructure. This approach is fully consistent with the legal obli gations imposed on local authorities under the Waste Management Act, 1996, and will facilitate implementation of the ‘polluter pays' principle. Having regard to this principle and the need for meaningful waste charges which provide incentives for waste prevention and minimisation, Exchequer funding for requisite waste infrastructure would not generally be appropriate.
Part III of the 1996 Act provides for measures to reduce production and promote recovery of waste and, in particular, for the introduction of producer responsibility obligations in respect of individual waste streams. Significant producer responsibility obligations have been introduced in relation to packaging waste and farm plastic waste, and further such initiatives are under consideration.
In a voluntary agreement with Government, Repak Limited was established by Irish industry to promote, co-ordinate and finance the collection and recovery of packaging waste so as to achieve national recycling-recovery targets imposed under EU legislation. Repak Limited is an approved body under the Waste Management (Packaging) Regulations, 1997, and businesses participating in its waste recovery scheme are exempt from obligations which would otherwise apply under the regulations.
Repak Limited's activities are financed by fees from these member businesses. To date, the income generated has been applied mainly to support the collection and recovery of packaging waste from the domestic waste stream.
I am satisfied that useful progress has been made by Repak Limited since it became operational in July 1997 but there is considerable scope for further expansion of its packaging waste recovery activities. The company has indicated that it will develop its operations substantially during 1999. In addition to providing ongoing support for the recovery of domestic packaging waste, Repak Limited has set out to arrange for the free collection of up to nearly 90,000 tonnes of in-house packaging waste generated by members, to enter into contractual arrangements for the recycling of up to 112,000 tonnes of packaging waste and to support the development by an appropriate urban authority of an integrated "kerbside" collection scheme for domestic packaging waste. My Department will closely monitor the progress being made by Repak Limited in this regard.
An equivalent recovery scheme for farm plastic waste is being operated by the Irish Farm Films Producers Group and good progress has been made to date in the collection from farms and recovery of used silage wrap and other farm plastic wastes. During 1998, approximately 15,000 tonnes of farm plastics were sold subject to a voluntary levy, which funded the collection and recycling of nearly 1,900 tonnes of plastic waste. Work is ongoing on the development of further producer responsibility initiatives in relation to specific waste streams, including construction and demolition waste.
New waste management facilities are generally unwelcome to the public and invariably generate vigorous local opposition. In part, this is a legacy of past poor performance, particularly in relation to municipal waste landfills, which were perceived by the public to be a source of nuisance and environmental pollution, and were not subject to external regulation. It is essential that the general public has confidence that waste activities, which can have significant potential for environmental impact, are subject to rigorous and independent environmental control. Accordingly, Part IV of the 1996 Act provides for a stringent system of integrated waste licensing by the EPA in respect of all significant waste recovery and disposal activities. This is intended to ensure that high environmental standards apply in relation to the establishment, management, operation, closure and aftercare of licensable waste facilities. Licensing obligations are being imposed on a phased basis since May 1997 and will apply universally from 1 October 1999.
The licensing process is necessarily intensive. To date, the EPA has received 100 waste licence applications, granted ten licences and given notice of three proposed licensing decisions. Regulations have also been introduced providing for the grant of waste permits by local authorities in respect of specified waste recovery and disposal activities which need not warrant integrated licensing by the EPA.
An intensive programme of regulatory updating has been carried out under the 1996 Act and further new regulatory measures will be put in place during 1999. To date, 14 sets of regulations have been made under the 1996 Act addressing matters such as waste planning, producer responsibility obligations, the movement, transhipment and general control of hazardous wastes and public access to information, as well as waste licensing and granting permits. These regulations replace and, where appropriate, modify and update pre-1996 regulations which were revoked with effect from May 1998 and transpose all relevant requirements of EU waste legislation into Irish law.
Each local authority is generally responsible for the supervision and enforcement of the relevant provisions of the 1996 Act in relation to the holding, recovery and disposal of waste within its functional area. In order to facilitate authorities in the discharge of this function the Act provides local authorities with a wide range of enforcement powers and specifically provides for cost recovery in relation to monitoring, inspection and enforcement generally.
I am concerned that there should be effective implementation and enforcement by local authorities of relevant provisions of the 1996 Act, and of subordinate regulations. In this regard I consider that local authorities should maintain a strong and continuing focus on the implementation of environmental legislation generally.
Resource limitation cannot be considered an obstacle. The new local government funding system which came into effect on 1 January 1999 is providing substantial extra resources for local authorities to assist them in meeting their current expenditure needs. The local government fund will ring-fence about £600 million for local authorities' general purpose needs and to finance non-national roads. This is an increase of about £125 million on the equivalent provisions before this Government took office. The extra resources which the new funding system delivers will assist local authorities in addressing their responsibilities under the Waste Management Act, 1996, and other environmental legislation.
The Opposition motion focuses specifically on the enforcement of the Waste Management (Packaging) Regulations, 1997. Article 19 of these regulations provides that each local authority is responsible for the enforcement of the regulations within its functional area and requires authorities to take such steps as are necessary for this purpose. In addition to the general powers available to local authorities under the Waste Management Act, 1996, the 1997 regulations include a number of provisions intended specifically to facilitate the effective implementation and enforcement of the regulations.
I have no direct function in relation to the enforcement of the 1997 regulations by local authorities. Nevertheless, as these regulations are designed to ensure that responsibility for recycling packaging waste is spread equitably among packaging producers, I am concerned that producers who are compliant members of the packaging waste recovery scheme operated by Repak Limited are not placed at a commercial disadvantage by free-riders who evade their obligations under the regulations. Accordingly, my Department has, where possible, endeavoured to facilitate the effective implementation and enforcement of the regulations by local authorities generally, and the Minister for the Environment and Local Government has on several occasions underlined to local authorities the importance we attach to the success of this important recycling initiative.
On the basis of the information available to my Department, a considerable improvement for the future in the performance of local authorities is required.