Dáil Éireann Debate, Tuesday - 20 February 2018
477. Deputy Róisín Shortall asked the Minister for Communications, Climate Action and Environment if local authorities have powers to deal with the issues of dumping and littering on private property not visible from a public place; if so, the relevant legislation and powers in this regard; and if he will make a statement on the matter. [8616/18]
Amharc ar fhreagraEnforcement actions against illegal waste activity are a matter for the Local Authorities and the Office of Environmental Enforcement (OEE) within the Environmental Protection Agency (EPA) and the primary role of my Department in relation to combating litter and illegal dumping matters is to provide a robust governing legislative framework. The key legislative codes in that regard are the Litter Pollution Act 1997 and the Waste Management Act 1996; in particular, section 32 of the Waste Management Act places the responsibility and a general duty of care on the holders of waste to ensure that it is managed in a manner that does not cause environmental pollution. In accordance with section 59(1) of the Waste Management Act, 1996, each local authority is responsible generally for the supervision and the enforcement of the relevant provisions of the Act in relation to the holding, recovery and disposal of waste within its functional area. Local authorities have specific powers under sections 55 and 56 of the Act to require measures to be taken, or to take measures directly, to prevent or limit environmental pollution caused or likely to be caused by the holding, recovery or disposal of waste, and to mitigate or remedy the effects on the environment of any such activity.
Any incidents of illegal waste activity should be reported to the local authority, who have significant powers available to them to deal with the waste. However, placing a duty on the authorities to remove all waste from private land could encourage illegal dumping rather than tackle the problem. People may not pay the costs of legitimate disposal if they knew they could fly-tip it in the nearest field and the local tax payer would foot the clearance bill.
My Department is aware of the problems caused by illegal dumping, irrespective of the nature of the material being dumped or where it has been dumped. Illegal dumping and littering is first and foremost a matter of individual responsibility and compliance with the law. My Department encourages a multi-facetted approach to tackling the problem, incorporating enforcement, public awareness and education and, as such has developed an Anti-Dumping Initiative to work in partnership with local authorities and community organisations in identifying high risk or problem areas, developing appropriate enforcement responses and carrying out clean-up operations. The 2017 Anti-Dumping Initiative saw funding of €1.26 million provided by my Department which supported 229 projects. These included clean-ups of private lands where it was apparent to the local authority that the landowners were not complicit in waste being dumped there. This year, I am increasing the allocation to €2 million to build on the momentum that has now been created and to provide for an increased focus on identifying and prosecuting illegal dumpers.
