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Waste Management Regulations

Dáil Éireann Debate, Tuesday - 18 September 2012

Tuesday, 18 September 2012

Ceisteanna (1015, 1016)

Luke 'Ming' Flanagan

Ceist:

1015. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment; Community and Local Government in view of the ongoing waste dumping in our forests, bogs, and all over our country, if he will consider amending the Waste Management Act 1996 to include rewards to citizens who assist in bringing convictions either by supplying evidence or by taking cases themselves; and if he will make a statement on the matter. [37018/12]

Amharc ar fhreagra

Luke 'Ming' Flanagan

Ceist:

1016. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment; Community and Local Government if he will consider amending the Waste Management Act 1996 to include on the spot fines for dumping; and if he will make a statement on the matter. [37019/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1015 and 1016 together.

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 available 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. The fines for continuing offences are €1,000 per day for summary offences and €130,000 per day for indictable offences. Under section 58 of the 1996 Act (as amended) a court may also make an order which requires a person who is holding, recovering or disposing of waste in a manner that is causing environmental pollution to remediate the effects of their actions in a specified manner and within a specified period. It is at the discretion of the local authorities, which have responsibilities for enforcement of both the Litter Pollution Act and the Waste Management Act, to decide whether a specific incident warrants the application of either Act.

My Department is currently considering the introduction to the Waste Management Act of an on-the-spot fine for incidences of fly tipping/small scale illegal dumping of a significantly higher quantum than that which exists under the Litter Pollution Act. There are no plans to amend the Waste Management Act to include rewards to citizens who assist in bringing convictions at this time.

My Department is also running an anti-dumping campaign in the print media to raise awareness of the value of our countryside both environmentally and economically. The campaign includes the contact details for the National Environmental Complaints hotline (1850 365 121) to encourage the reporting of instances of illegal dumping. I believe that the combined efforts of the public, communities, local authorities and the Environmental Protection Agency will produce a reduction in such instances and result in a cleaner countryside.

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