Olivia Mitchell (Dublin South, Fine Gael)
Link to this: Individually | In context

Question 153: To ask the Minister for the Environment, Heritage and Local Government if he intends to increase the penalties for illegal dumping of waste; and if he will make a statement on the matter. [11023/05]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

Under section 32(1) of the Waste Management Act 1996 persons holding, transporting, recovering or disposing of waste cannot do so in a manner which causes or is likely to cause environmental pollution. Similarly, under the Litter Pollution Act 1997 persons are forbidden from depositing litter in a public place or anywhere that is visible from a public place. In addition, the owner or occupier of any lands has a statutory duty to keep the lands litter free. While enforcement is a matter for the local authorities and the Office of Environmental Enforcement, I will continue to ensure that the regulatory framework and the resources are appropriate to deal with the problem.

Very significant powers are available to local authorities to enable them to tackle illegal waste activity and littering, and these powers were further strengthened by the Protection of the Environment Act 2003. These include powers to halt vehicles and inspect premises. Maximum penalties attaching to illegal waste activities are substantial and were increased in the 2003 Act, with fines of up to €3000 and or a sentence of up to 12 months on summary conviction, with penalties for convictions on indictment increased to up to €15 million and or a sentence of up to ten years.

A major study has been commissioned by the Office of Environmental Enforcement to establish and document the extent of unauthorised waste activities in Ireland. Among the objectives of the project are to review and document current procedures and practices used by the relevant authorities to investigate unauthorised waste activities, as well as the use of powers available to tackle unauthorised activities. I will carefully consider the results of this study to identify any further actions or indeed legislative changes that may be necessary in consequence of its findings.