Róisín Shortall (Dublin North West, Labour)
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Question 91: To ask the Minister for the Environment, Heritage and Local Government his views on whether a legal action or enforcement under the Air Pollution Act 1987 is appropriate in the case of backyard burning by a householder since it requires an authorised person to show that a pollutant is present in the resulting emissions and since it requires the authorised person to give 24 hours' notice in writing to a householder before visiting their premises; if in view of same he intends to amend waste legislation to provide effective enforcement against backyard burning. [36670/05]

Dick Roche (Wicklow, 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.

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.

Both the Air Pollution Act and the Waste Management Act require that an authorised person notify, in writing, the occupier of a private dwelling at least 24 hours in advance of their intention to enter their dwelling for the purpose of carrying out their functions. Notification is not necessary when the authorised person has the consent of the occupant. Furthermore, under the Waste Management Act, an authorised person may apply for a warrant to the District Court to authorise entry when it is believed that evidence related to a suspected offence under the Act may be present and is in danger of being removed or destroyed.

A recent report on the nature and extent of unauthorised waste activity in Ireland, published by the Office of Environmental Enforcement, identifies backyard burning of household waste as a problem area in regard to waste management which requires further action. The report draws attention to the measures already being taken, including the appointment of over 100 additional waste enforcement officers across the local authorities funded by my Department and the stepped up enforcement by the office of environment enforcement and local authorities. The report identifies additional actions which can further assist in stamping out this socially and environmentally unacceptable practice. In light of this report, I am reviewing the effectiveness of existing legislation in dealing with backyard burning of household waste and, if necessary, I will seek to strengthen the powers of local authorities in this area.