Seanad debates
Wednesday, 5 February 2003
Protection of the Environment Bill 2003: Second Stage.
Further amendments are proposed to strengthen the 1996 Act in light of experience and, in particular, to facilitate more effective enforcement and legal action to combat unauthorised waste activity. The main proposals include the following: in section 21 to introduce a presumption, for the purposes of prosecutions, that the carrying on of an unauthorised waste activity shall be deemed likely to cause environmental pollution, unless the contrary can be shown, thereby shifting the emphasis of proof in a correct manner; in section 29 to provide a new power to the EPA to revoke or suspend a waste licence, particularly where a licensee can no longer be regarded as a fit and proper person to hold that licence; in sections 31 and 32 to extend to the EPA current local authority powers, enabling steps to be taken for the purpose of preventing or remediating environmental pollution; and in section 33 to provide explicitly for court orders where a waste activity is carried on other than under and in accordance with any requisite authorisation.
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