Article 19 of the Waste Management (Packaging) Regulations, 1997, provides that each local authority is responsible for the enforcement of the regulations within its functional area, and requires local authorities to take such steps as are necessary for this purpose.
Accordingly, it is a matter for each local authority, using the extensive powers available under the Waste Management Act, 1996, and the 1997 regulations, to identify businesses which are "major producers" within the meaning of the regulations, and ensure that they comply with their legal obligations. I have no direct function in relation to the enforcement of the 1997 regulations.
Nevertheless, I am concerned that there should be effective implementation of the regulations so that responsibility for recycling packaging waste is borne equitably by packaging producers. Businesses which meet their producer responsibility obligations, either as members of Repak (which I understand now has 364 member companies) or on an individual basis, should not be placed at a commercial disadvantage by free riders who seek to evade these obligations. Accordingly, my Department has, where possible, endeavoured to facilitate the effective enforcement and implementation of the regulations by local authorities.