Martin Cullen (Waterford, Fianna Fail)

I understand why the Senator tabled the amendment, but I do not propose to accept it. Obviously discretion would be exercised by the EPA regarding an offence.

Two issues have arisen in the application of this section. Having discovered an unauthorised waste disposal activity, it is incumbent on a local authority to undertake potentially time consuming and expensive investigations to establish the occurrence or risk of environmental pollution before legal proceedings can be initiated. Where such investigations have been undertaken, the District Court has not necessarily accepted that environmental pollution has occurred. This is particularly the case where construction and demolition waste is concerned. This waste does not generally contain organic or hazardous materials and is often regarded as inert.