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Written Answers — Local Authority Charges: Local Authority Charges (13 Mar 2012)

Phil Hogan: The RAS exemption was included in the Local Government (Charges) Act 2009 in order to encourage take-up of the then relatively new scheme. As RAS has now been in existence for a number of years, the Government decided to remove the exemption in the Local Government (Household Charge) Act 2011 with effect from 2012. It is estimated that the cost of the RAS exemption from payment of the charge...

Written Answers — Motor Taxation: Motor Taxation (13 Mar 2012)

Phil Hogan: I intend to bring forward legislation this year to address the issue of off-the-road declarations. Currently, owners declare vehicles off the road for the purposes of motor tax after the fact, which is effectively unverifiable and open to abuse. I intend to provide that drivers will be able to declare their intention to keep their vehicle off-the-road in advance, so that if a vehicle is not...

Written Answers — Clár Forbartha Áitiúil: Clár Forbartha Áitiúil (13 Mar 2012)

Phil Hogan: Chuaigh Meitheal Forbartha na Gaeltachta (MFG), an grúpa atá conraithe ag mo Roinn chun seachadadh a dhéanamh ar Axes 3 & 4 ( LEADER) den Chlár Forbartha Tuaithe(CFT) sa Ghaeltacht, faoi leachtú ar an 7 Meán Fómhair, 2011. Tá dul chun cinn á dhéanamh ó thaobh dlí de maidir le ''imeachtaí foirceanta'' agus tá na comhaid ábhartha tionscadail ar fad curtha ar aghaidh ag an...

Written Answers — Local Authority Charges: Local Authority Charges (13 Mar 2012)

Phil Hogan: I propose to take Questions Nos. 343, 345 and 365 together. The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. The legislation places the charge under the care and management of the local authorities, and its application in particular circumstances is a matter for the relevant...

Written Answers — Appointments to State Boards: Appointments to State Boards (13 Mar 2012)

Phil Hogan: The information requested covers a number of years and is not immediately available to my Department. The data will be forwarded to the Deputy in due course when compiled.

Written Answers — Fire Safety: Fire Safety (13 Mar 2012)

Phil Hogan: Local authorities have extensive powers of inspection and enforcement under current legislation and have used such powers on a number of occasions including the recent high profile case at Priory Hall. Problems at a number of developments are already in the public domain, and I have urged local authorities to continue to use all of the powers currently available to them to address issues of...

Written Answers — Local Authority Charges: Local Authority Charges (13 Mar 2012)

Phil Hogan: The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. The household charge is on a self assessment basis and interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts. Section 2 of the Act provides that residential...

Written Answers — Tax Code: Tax Code (13 Mar 2012)

Phil Hogan: The Inter-Departmental Group on Property Tax, which is chaired by Dr. Don Thornhill, is considering the structures and modalities for an equitable valuation based property tax and will complete its work and make recommendations to me by end April 2012. Following consideration of the Group's recommendations, I will bring proposals to Government on the full property tax as soon as possible....

Written Answers — Local Authority Charges: Local Authority Charges (13 Mar 2012)

Phil Hogan: I propose to take Questions Nos. 351 and 383 together. The Local Government (Household Charge) Act 2011 and the Local Government (Charges) Act 2009, as amended, set out the legislation underpinning the household charge and the charge on non-principal private residences respectively. Application of the legislation in particular circumstances is a matter for the relevant local authority....

Written Answers — Air Pollution: Air Pollution (13 Mar 2012)

Phil Hogan: Section 24(1) of the Air Pollution Act 1987 requires commercial premises to use the best practicable means to limit and, if possible, to prevent emissions from such premises. Section 24(2) of the Act stipulates that an occupier of any premises must not cause or permit an emission in such a quantity, or in such a manner, as to be a nuisance. As statutory responsibility for the enforcement of...

Written Answers — Noise Pollution: Noise Pollution (13 Mar 2012)

Phil Hogan: Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been...

Written Answers — Local Government Charges: Local Government Charges (13 Mar 2012)

Phil Hogan: I propose to take Questions Nos. 354 and 355 together. The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. The Act places the household charge under the care and management of the local authorities, and application in particular circumstances is a matter for the relevant local...

Written Answers — Foreshore Licences: Foreshore Licences (13 Mar 2012)

Phil Hogan: I propose to take Questions Nos. 356 to 358, inclusive, together. Significant work has been undertaken by my Department to improve the throughput of foreshore applications and to modernise the consent process. The short-term administrative measures which have been developed include: · Introduction of a pre-application consultation process; · A scheme of prioritisation for all foreshore...

Written Answers — Dormant Accounts Fund: Dormant Accounts Fund (13 Mar 2012)

Phil Hogan: The Dormant Accounts Acts provide for an annual transfer by credit institutions and insurance undertakings of monies in accounts determined to be dormant into the Dormant Accounts Fund (DAF). Since its establishment in April 2003 to the end of February 2012, the transfers to the DAF have totalled some €631.26m, which includes interest earned of some €35.58m. Funds reclaimed in that...

Written Answers — Waste Management: Waste Management (13 Mar 2012)

Phil Hogan: The Forum's membership and terms of reference are currently being finalised. I intend that the first meeting of the Waste Management Forum will be held in April 2012.

Written Answers — Waste Management: Waste Management (13 Mar 2012)

Phil Hogan: The Programme for Government commits to the development of a coherent national waste policy, adhering to the waste hierarchy, which will aim to minimise waste disposal in landfill and maximise recovery. I am prioritising this commitment, as I am anxious to provide early regulatory certainty, in the form of both policy and legislation, to ensure that the necessary actions and investments are...

Written Answers — Departmental Correspondence: Departmental Correspondence (13 Mar 2012)

Phil Hogan: In accordance with the provisions of the Waste Management Acts, the preparation and adoption of a waste management plan, including in respect of infrastructure provision, is the statutory responsibility of the local authority or authorities concerned, and under section 60(3) of the Act I am precluded from exercising any power or control in relation to the performance by a local authority, in...

Written Answers — Grant Payments: Grant Payments (13 Mar 2012)

Phil Hogan: I propose to take Questions Nos. 366 and 367 together. Meitheal Forbartha na Gaeltachta (MFG), the group contracted by my Department to deliver Axes 3 & 4 (LEADER) of the Rural Development Programme (RDP) in Gaeltacht Areas, went into liquidation on 7 September 2011. Progress is ongoing in the context of the legal "winding up" process and all relevant RDP (LEADER) project files have been...

Written Answers — Grant Payments: Grant Payments (13 Mar 2012)

Phil Hogan: I understand that the grant in question was approved by Limerick County Council under its Community, Sports and Cultural Grants Scheme. As my Department has no role in relation to this scheme, I would advise the Group to contact Limerick County Council directly regarding a possible drawdown.

Written Answers — Building Regulations: Building Regulations (13 Mar 2012)

Phil Hogan: Following an application by the developer of the Priory Hall complex for Floor Area Compliance Certificates (FACC) as introduced by section 72 of the 2004 Finance Act, my Department assigned an inspector to process the application. My Department's inspector initially wrote to the developer in 26 May 2006 seeking a certificate of compliance with Planning Permission and Building Regulations, a...

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