Vol. 549 No. 3
301 Mr. Allen asked the Minister for the Environment and Local Government the regulations which exist to prevent the burning of rubbish and garden waste in the open air; and his proposals to introduce regulations to prevent the burning of refuse and rubbish before 7 p.m. each day. [6778/02]
Under the Air Pollution Act, 1987 the occupier of any premises, other than a private dwelling, is required to use the best practicable means to limit and, if possible, to prevent, an emission from such premises. Emission is defined to include a smoke emission. In addition, the occupier of any premises is prohibited from causing or permitting emissions in such a quantity or manner as to be a nuisance. The Act empowers a local authority to serve a notice on the occupier of any premises from which there is an emission specifying the measures necessary to prevent or limit air pollution.
The Waste Management Act, 1996, places a general duty on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Local authorities have specific powers under the Act to require measures to be taken to prevent or limit environmental pollution caused by the holding or disposal of waste, and mitigate or remedy the effects on the environment of any such activity.
