Gerard Murphy (Cork North West, Fine Gael)
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Question 59: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on his recent policy directions on action against illegal waste activity. [22288/05]

Dick Roche (Wicklow, Fianna Fail)
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Waste enforcement activities in individual cases are primarily a matter for the local authorities concerned and/or the office of environmental enforcement. However, section 60 of the Waste Management Act 1996 authorises the Minister for the Environment, Heritage and Local Government to give general directions to the Environmental Protection Agency and/or local authorities on waste management plans, waste licensing, the movement of waste and other matters. The powers conferred by section 60 do not extend to individual cases. The legislation precludes the Minister from exercising any power or control regarding the performance in particular circumstances by the agency or a local authority of their waste management functions.

On 3 May 2005, I gave policy directions under section 60 which addressed both action against illegal waste activity and movement of waste. With regard to the former, the stated purpose of the direction was to encourage an intensification of action against illegal waste activity, which includes unauthorised disposal of waste, such as the abandonment, dumping or uncontrolled disposal of waste, and enhance the response of local authorities and the Environmental Protection Agency in ensuring the protection of the environment and human health and the prosecution of offenders. In determining the nature of such prosecutions regard is to be had to the elimination of the economic benefit deriving from the illegal activity.

Key features of the policy direction include: enhancing the response of local authorities in ensuring the protection of the environment and the health of local communities, including appropriate respect for the property rights of individual householders; a recognition that law abiding waste operators are being put at a disadvantage by the illegal operators; ensuring that local authorities are directed to draw up an inventory of all sites where illegal waste recovery or disposal has taken place; adequate management and monitoring to ensure that immediate and longer term impacts are assessed and addressed at the affected sites; and removal of all hazardous waste. The direction specifically requires that particular consideration be given to certain sites: lands near to existing or planned residential development or educational facilities; wetlands; natural heritage areas, candidate special areas of conservation or special protection areas; and places of special interest such as high amenity areas.

The proposal of the Environmental Protection Agency to reinforce this general policy direction with a detailed code of practice using its powers under the Environmental Protection Act is also welcome. The recent direction has clarified the policy framework while the agency, as primary regulator and supervisor of local authorities in regard to the environment, will supplement this with the necessary supporting technical detail.