Dáil Éireann Debate, Thursday - 4 October 2012
163. Deputy Robert Dowds asked the Minister for the Environment; Community and Local Government if he will outline the law regarding the burning of household waste, plastic, and waste oil in cities and built-up areas. [42461/12]
Amharc ar fhreagraIn general terms, any burning of waste that gives rise to pollution is in breach of both Waste Management and Air Pollution legislation. Section 32 of the Waste Management Act 1996 sets out the general duty of a holder of waste not to hold, transport, recover or dispose of waste “in a manner that causes or is likely to cause environmental pollution.”
With regard to such activities in built-up areas, the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 make it an offence to dispose of waste by uncontrolled burning and various actions are prohibited by the regulations, including burning within the curtilage of a dwelling. Local authorities are empowered to take legal action against offenders and fines of up to €3,000 are applicable for summary offences brought to court.
The regulations provide exemptions for certain agricultural practices but only as a last resort and after specified steps are taken to, inter alia, reduce, and recycle waste arisings. This exemption applies until 1 January 2014 when such activities will require registration with local authorities and be subject to the controls set out in the facility permit legislation. Local authorities may also exempt certain local cultural events if they so wish.
