Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I welcome the opportunity to introduce the Second Stage of the Environment (Miscellaneous Provisions) Bill 2014 to the Seanad. The Bill provides for a number of important legislative amendments, corrections and updates to a range of policy areas across the broad environmental field. The Bill is also important in that it introduces a series of new streamlined procedures that will help to reduce the administrative burden on enforcing authorities as well as companies and individuals, and also provides for a more responsive system of changing environmental pressures and priorities.

These new provisions include provision for fixed payment notices - on-the-spot fines - for certain alleged offences under existing environmental regulations. Fixed payment notices have proved an effective deterrent against breaches of environmental regulation by providing local authorities with an additional enforcement tool that is less costly and resource intensive than prosecutions in the Circuit and District Courts, especially for relatively small-scale offences.

The Bill includes important changes to the Waste Management Act to reform comprehensively our system of household waste collection. These changes give effect to policy commitments set out in the Government's 2012 national waste policy framework, A Resource Opportunity - Waste Management Policy in Ireland, particularly regarding stronger enforcement powers for local authorities, improved environmental and customer service standards to be adhered to by collectors and encouraging more responsible behaviour by households.

This new regulatory framework for household waste collection respects the waste hierarchy and the polluter pays principle, provides a mechanism for tackling below-cost selling, provides clear incentives and obligations for households and collectors, gives more teeth to regulatory bodies such as the national waste collection permit to tackle poor performance by waste collectors, provides a level playing field across all collection types, helps to support job creation in the sector by addressing feed stocks from various waste streams, for example, food waste for composting facilities, simplifies pricing structures and enables customers to compare the cost of different household waste collection services more easily, and provides an effective means of enforcing those obligations.

The Bill also addresses a number of measures relating to water charges and the Government's interlinked announcements in recent months with a view to making the system of water charges clearer and more affordable. Of particular note is the Government's introduction of a cap on the level of charges such that a household with one adult will pay a maximum of €160 per annum and other households a maximum of €260 per annum. To provide further support to households in reducing their consumption, the Government has also introduced a water conservation grant of €100 per annum for households meeting eligibility criteria.

In addition to these measures, the Government has also signalled that further legislative measures will be introduced to address the non-payment of water charges. The Bill addresses a number of these measures, including providing for a new obligation on the owners of dwellings to provide details of the occupiers to Irish Water, the insertion of a deemed obligation to pay for water charges in all new lease or tenancy agreements, and a requirement for the payment of water charges on the sale or transfer of a dwelling.

These provisions are a balanced and considered package of measures aimed squarely at those who choose not to pay their water bills. The Government is unwilling to leave compliant households subsidising the services for those who do not pay, as opposed to those who may not be in a position to pay.

The Bill also provides for the establishment of a nationwide database of water services to facilitate the payment of the water conservation grant from 2016, while a measure is also included to provide for the payment of the water conservation grant to approved housing bodies in certain circumstances.

This Bill will specifically provide for the following: the transfer of powers and functions under the Bourn Vincent Memorial Park Act to the Minister for Arts, Heritage and the Gaeltacht, in effect transferring ownership of the core part of Killarney National Park; the reinstatement of existing fixed payment notices, FPNs, for certain offences relating to the marketing, sale and distribution of solid fuel; the extension of FPNs to a range of other existing offences in the areas of air quality and waste management, in particular relating to waste electrical and electronic equipment, batteries, waste packaging and end-of-life vehicles; extending the scope of the Environmental Protection Agency to impose licensing fees for new and expanding areas; extending the deadline for the making of a declaration of non-use in the case of registration of a new vehicle and on change of ownership of a vehicle; amendment of some minor typographical errors in existing primary legislation; reform of the regulatory regime which applies to waste collection, in particular household waste collection and facilities which accept household waste directly from householders; amendments to water services legislation to provide for a requirement for the owners of dwellings receiving services from Irish Water to register details of the occupier with Irish Water, a deemed obligation to pay water charges to be inserted into all new lease or tenancy agreements, provision for the payment of water charges upon the sale or transfer of a property, the establishment of a database of water services to facilitate the payment of the water conservation grant from 2016 onwards, and provision for the water conservation grant to be paid to an approved housing body, on behalf of the tenant, in certain circumstances; and provide for a mechanism to make the required payment from the local government fund to the Exchequer in 2015, as envisaged in the 2015 Revised Estimates Volume.There are 51 sections in the Bill as passed by the Dail and I will now go through the structure of the Bill, which is divided into ten Parts. Part 1 is a general Part and contains two sections. Section 1 sets the Short Title of the Bill on enactment and also provides for commencement dates and collective citations. Section 2 defines the use of key terms and phrases upon enactment.

Part 2 deals with the transfer of functions under the Bourn Vincent Memorial Park Act 1932 from the Minister for the Environment, Community and Local Government to the Minister for Arts, Heritage and the Gaeltacht. As part of this, it provides specifically for the transfer of ownership of the property forming the core of the national park in Killarney. Section 3 defines key terms specific to Part 2. Section 4 provides that the functions identified in it will, on commencement of Part 2, transfer in its entirety from the Minister for the Environment, Community and Local Government to the Minister for Arts, Heritage and the Gaeltacht. Section 5 clarifies that references to any Minister or the Commissioners of Public Works will mean the Minister for Arts, Heritage and the Gaeltacht. Section 6 provides that all the property currently vested in the Minister for the Environment, Community and Local Government under the 1932 Act will transfer to the Minister for Arts, Heritage and the Gaeltacht. Section 7 provides for the transfer of rights and liabilities arising from the exercise of the transferred functions and also for the continuation of leases, licences and permissions granted under the transferred functions. Section 8 clarifies that, following the transfer of functions, a claim for loss or injury arising will lie against the Minister for Arts, Heritage and the Gaeltacht. Section 9 contains a number of miscellaneous provisions intended to ensure continuity in the management of the park following the transfer of functions. Section 10 inserts a requirement that expenses incurred in the administration of the Act be sanctioned by the Minister for Public Expenditure and Reform, as per current standard procedure. Section 11 amends section 11 of the 1932 Act to remove the requirement that management and control of the park be carried out in accordance with the general directions of the Minister as management of the park is now a ministerial function. Section 12 amends section 12 of the 1932 Act by deleting reference to ministerial sanction in respect of aspects of the management of the park, such management now being a ministerial function. Section 13 amends section 13 of the 1932 Act by deleting requirements for ministerial approval and sanction in respect of appointments as these are now a ministerial function. Section 14 amends section 14 of the 1932 Act by deleting the requirement for ministerial approval of park by-laws, as the making of such by-laws is now a ministerial function. Section 15 amends section 21 of the 1932 Act by deleting requirements for ministerial sanction in respect of aspects of the management of the chattels as this is now also a ministerial function. Section 16 repeals section 20 of the 1932 Act relating to the management of the chattels acquired. This is redundant as such management is now a ministerial function.

Part 3 concerns the amendment of the Finance (Excise Duties) (Vehicles) Act 1952. Section 17 provides for two changes to motor tax legislation. The first change is to section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 and provides that clarification in respect of the construction and use requirements for eligibility to any motor tax class and the supporting documentation that may be required with a tax application will henceforth be provided for in secondary legislation rather than by way of circular, giving a clear legislative basis underpinning instructions to motor tax offices. The second change is an amendment of the definition of a motor caravan and provides for the construction criteria for eligibility to the motor caravan rate to be provided for in secondary legislation.

Part 4 deals with amendments to the Air Pollution Act 1987. Section 18 inserts a new definition for the Environmental Protection Agency, which was established in 1992, some five years after the Air Pollution Act was given effect. The agency now has an integral role in air quality monitoring and air pollution prevention and control as well as enforcement. Definitions are also inserted in this section relating to fuels registers and activities. Section 19 amends the penalties provision in the Act with regard to fixed payment notices, or on-the-spot fines, in respect of alleged breaches of certain designated offences. This amendment will remove the option for indictable prosecutions against fixed payment notice offences. Section 20 sets out fixed payment notice offences for alleged breaches of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012, SI 326 of 2012. These regulations provide for the ban on the marketing, sale, distribution and burning of bituminous coal, or the smoky coal ban as it is more commonly known, inside certain designated areas. It is important to note that this Bill does not provide for any further extension to the smoky coal ban areas. The Minister for the Environment, Community and Local Government will review the extent of the ban areas when the current study being undertaken under the auspices of the North-South Ministerial Council into emissions from residential solid fuels throughout the island has been completed. The fixed payment notice offences reintroduced by this section were previously provided for under section 10 of the Environment (Miscellaneous Provisions) Act 2011. The regulations have since been consolidated, however, and this requires that references to the fixed payment notice offences are updated accordingly. It is important to note that no new fixed payment notice offences relating to solid fuel are being introduced. However, fixed payment notices have proven to be resource efficient enforcement tools as well as effective deterrents. As such, the EPA has recommended extending fixed payment notices to other areas relating to the wider protection of air quality.

Section 21 introduces two new fixed payment notice offences under the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012, SI 564 of 2012. The first offence concerns the sale or supply of prohibited paint products and the amount of the fixed payment notice is €1,000. The second offence concerns the operation of an uncertified vehicle refinishing installation and the amount of the fixed payment notice is €500.

Section 22 introduces a new fixed payment notice for a designated offence under the European Union (Installations and Activities Using Organic Solvents) Regulations 2012, SI 565 of 2012. The offence concerns the operation of an uncertified solvents installation and the amount of the fixed payment notice is €500.

Section 23 amends the powers of authorised persons under the Air Pollution Act. As certain activities regulated under the Act, such as the distribution of solid fuel, are carried out from vehicles, the powers of authorised persons are being strengthened to allow for the stopping and searching of such vehicles.

Section 24 introduces a new Part 1A to the Act that provides a legal basis for the EPA to establish and maintain a fuels register. The persons and activities required to register with the agency will be set out separately by way of regulation. It is the Minister's intention that regulations will specify the practical aspects of the register and will, inter alia, provide for a distinction between persons involved in full-time commercial fuel activity and those engaged in more casual activity. The provisions in this Bill will strengthen and clarify existing provisions relating to registration, in particular the circumstances in which the agency can refuse or revoke registration as well as provide for an appeals procedure relating to such decisions.

Section 25 will replace An Bord Pleanála with the EPA as the appeals body for decisions made by local authorities in respect of the licensing of certain small-scale industrial activities under the Act, given the agency's particular expertise in this area. This will give effect to a recommendation of the independent review of the EPA carried out in 2011. Section 26 amends and clarifies the scope of the regulation making powers of the Minister under section 53 of the Act. This will allow for the regulation of the storage of fuel alongside the existing powers to regulate for the placing on the market, distribution or sale of fuel.

Part 5 amends the Environmental Protection Agency Act 1992. The EPA currently provides a number of licensing services without charge, as it does not have the statutory authority to levy an appropriate fee. In many cases, work to assess and license these activities can be resource and time consuming and costly. These costs are often borne by other revenue generating activities carried out by the agency, which is inappropriate. The proposed amendment of section 99A of the Environmental Protection Agency Act 1992 will extend the powers of the Minister to make fee regulations in respect of these EPA services. Such regulations will also require the consent of the Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation.

The Bill also proposes to make some minor technical amendments to the Environmental Protection Agency Act, as required, following transposition of the Industrial Emissions Directive 2010/75/EU. Section 27 proposes to extend the definition of an integrated pollution control activity to include the industrial processes involved in certain wood-based production services.

Section 28 proposes to extend the application of section 82A(5)(e) of the Environmental Protection Agency Act to independently operated wastewater treatment activities, in compliance with the terms of the industrial emissions directive.

Section 29 proposes to amend section 99A of the Environmental Protection Agency Act which empowers the Minister for the Environment, Community and Local Government to make regulations providing for the payment of fees in respect of a range of environmental licensing services. The consent of the Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation will be required before such regulations can be made.

Section 30 refines certain definitions to ensure full compliance with the terms of the industrial emissions directive.

Part 6 of the Bill, sections 31 and 32, contains two amendments to the Finance (No. 2) Act 1992 which provides for the making of a declaration of non-use of a motor vehicle. Owners currently have ten days from change of ownership or registration to make a declaration of non-use if it is not intended that the vehicle will be in immediate use. This has proved to be quite a tight deadline, particularly on change of ownership of a vehicle. Accordingly, it is proposed to extend the ten-day deadline to 21 days. While delays are not proving problematic on registration of a new vehicle, it is proposed, for consistency of approach, to apply the same time 21-day deadline. These are both very minor technical changes intended to provide additional time to allow owners of newly purchased vehicles to comply with the legislation.

In Part 7 section 33 provides that an authorised person for the purposes of the new section 10A of the Act of 1996 is distinct from the broader definition of an authorised person elsewhere in the Waste Management Act.

Section 34 provides for the amendment of section 10 of the Waste Management Act 1996 to bring it into accordance with the Fines Act 2010. It also designates proposed offences by collectors, punishable by a fixed payment notice, and an offence of providing misleading or false information as non-indictable offences.

Section 35 inserts a new section 10A into the Waste Management Act to provide for the introduction of a range of fixed payment notices, ranging from €100 to €2,000, in respect of specified offences under regulations concerning producer responsibility initiatives, PRIs. PRIs are based on the producer pays principle and have been developed for a range of waste streams, including waste electrical and electronic equipment, batteries, packaging and end-of-life vehicles.

Section 36 provides for the insertion of a new section 10B into the Waste Management Act to provide for the introduction of a number of fixed payment notices, FPNs, or on-the-spot fines for household waste collectors where they commit certain offences that constitute a breach of specified conditions of a permit. Examples of permit breaches that will attract the new FPN include a failure to carry a copy of the relevant waste collection permit in a waste collection truck, a failure to display a permit number on a collection truck and deposition of waste at a facility other than the facility named on the collection permit. The FPN is to be set at €500.

Section 37 significantly amends existing section 34 of the Waste Management Act 1996. It provides for the introduction of the core new permit conditions for collectors of household waste in line with the commitments outlined in A Resource Opportunity - Waste Management Policy in Ireland to support improved environmental and customer service standards. The key new requirements are: the obligation to charge on a pay-by-weight basis; the requirement to provide a three-bin service; the requirement to maintain a database of customers; and a mandatory customer charter.

Section 38 provides for the introduction of a new section 34A into the Waste Management Act introducing a formal new process for the review of a waste collection permit.

Section 39 provides for the insertion of three further new sections, 34B, 34C and 34D, into the 1996 Act. Section 34B sets out the process for the transfer of a waste collection permit from one operator to another. Where an existing operator intends to transfer the collection permit to another person, the two parties are required to make a joint application to the local authority.

Section 34C sets out the collectors' obligations to maintain a database of their customers. It provides that local authorities may seek information from collectors in order that local authorities, in turn, can build a register of households that have signed up for collection services.

Section 34D provides a statutory footing for a "fit and proper person test" and the criteria against which a person is to be assessed for the purposes of meeting the fit and proper person test. Anyone who fails the fit and proper person test is ineligible to hold a waste collection permit.

Whereas the amendments to section 34 of the Waste Management Act provide for the application of the core new requirements for kerbside waste collectors in terms of mandated levels of service, charging on a pay-by-weight basis and maintaining a customer charter, section 40 applies corresponding rules to waste facility sites permitted by local authorities. This is to ensure a level playing field between waste collection facilities to which waste is brought. Section 41 provides for the application of these conditions and obligations to licensed facilities accepting waste directly from households - local authority operated civic amenity sites and landfills - by way of amendment to section 41 of the Waste Management Act 1996.

Section 42 provides for the amendment of section 50 of the Waste Management Act regarding fees. As the Act stands, a local authority may only charge a fee for an application for the grant of a waste collection permit. The amended section will allow a local authority to charge an applicant in respect of an application for a review or transfer of a collection permit, as well as an initial application for a grant of permit.

Section 43 inserts a new transitional and savings section 77 into the 1996 Act to provide that applications for waste collection permits, authorisations or licences that are made but not determined before commencement of the new arrangements will be dealt with under the existing framework.

In Part 8 section 44 amends the Local Government Act 1998 to enable the Minister for the Environment, Community and Local Government to make the required payment from the local government fund to the Exchequer, as envisaged in the Revised Estimates Volume, in 2015. The amendment allows for a payment of up to €540 million to be made to the Exchequer in 2015. This reflects a budgetary decision agreed to and published as part of the Estimates process. This provision is simply giving legal underpinning to that decision.

In Part 9 section 45 amends the Dog Breeding Establishments Act 2010 by making three minor typographical corrections to existing provisions and clarifying one existing provision. No new or changed policies are introduced as a result of the proposed changes which are intended to clarify what is required under the 2010 Act and forestall any potential technical defence if an unregistered dog breeding establishment was being pursued in a court action.

Section 46 amends the Control of Dogs Act 1986 to ensure establishments which are registered as dog breeding establishments but which are exempt from dog breeding establishment registration fees do not also have an exemption from paying a general dog licence fee.

Part 10 of the Bill addresses a number of amendments to the Water Services Acts, 2007 to 2014. Section 47 provides for an amendment to the Water Services (No. 2) Act 2013 by inserting a new section, requiring the owner of a dwelling to provide details of the occupier for Irish Water.This will allow Irish Water to identify the person responsible for paying water charges in respect of the dwelling. Any future changes in occupation would also be required to be notified to Irish Water. This section also provides that any future leases or agreements to occupy a dwelling are deemed to include an agreement to pay any water charges. This would apply to all dwellings covered by the Residential Tenancies Act 2004. However, it is important to note that it does not place any new obligations on tenants.

Section 48 provides for the payment of water charges on the sale or transfer of the property. It requires the owner of a dwelling to pay any charges due to Irish Water before the completion of the sale or transfer and to provide evidence to his or her solicitor of the payment of the charges. Where the charges have not been paid, provision is made for the vendor's solicitor to deduct any unpaid charges from the proceeds of the sale. The section also provides that a tenant of a local authority dwelling who wishes to purchase the dwelling shall be required to pay any water charges before the sale of the property can be completed by the local authority.

Section 49 is a provision to allow an approved housing body to obtain the water conservation grant on behalf of a tenant. This would apply where the body is liable for the water charges to the dwelling and is in receipt of funding from the Health Service Executive under an arrangement under section 38 or 39 of the Health Act 2004. Section 50 provides for the establishment of a database of water services provided to dwellings by the Minister for the Environment, Community and Local Government. The database is necessary to facilitate the payment of the water conservation grant to eligible households after 2015. The section specifies the information to be contained in the database and provides for data transfer between parties holding the data. It also allows the Minister to request the Local Government Management Agency or Irish Water to establish and maintain the database on the Minister's behalf.

Section 51 is a technical amendment. It provides for the amendment of section 9 and section 10 of the Water Services Act 2007 relating to the prosecution of offences, to take account of the offence provisions introduced by amendment No. 43, which deals with the requirement to register with Irish Water.

This is an important Bill with provisions ranging across a wide and diverse range of issues, from the transfer of certain State owned assets through policy reforms of waste management and water services, to measures which will serve to streamline administrative procedures and enhance the protection of the environment. I commend the Bill to the House.