Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 146: To ask the Minister for the Environment, Heritage and Local Government his plans to tackle emissions from backyard burning; if he has monitored an increase in such burning in recent months; and the enforcement action which can be and which has been taken to address this form of pollution. [16506/05]

Batt O'Keeffe (Cork South Central, Fianna Fail)
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Under the Air Pollution Act 1987, the occupier of any premises, other than a private dwelling, is required to use the best practicable means to limit and, if possible, to prevent emissions, including smoke emissions, from such premises. In addition, the occupier of any premises is prohibited from causing or permitting an emission in such a quantity or manner as to be a nuisance. The Act provides local authorities with powers to prevent or limit air pollution and penalties include fines and-or imprisonment upon conviction.

In addition, the Waste Management Act 1996 places a general duty of care on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Local authorities are empowered to require measures to be taken to prevent or limit environmental pollution caused by the holding or disposal of waste and mitigate or remedy the effects on the environment of any such activity.

In light of the foregoing, I am satisfied that local authorities have adequate powers to deal with backyard burning and I have no plans to introduce further legislation.