Michael Noonan (Limerick East, Fine Gael)
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Question 108: To ask the Minister for the Environment, Heritage and Local Government the action he will take on foot of the report from the Environmental Protection Agency which shows one in ten householders admit to backyard burning; and if he will make a statement on the matter. [36634/06]

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, as amended, 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 have specific powers under the Act 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.

Notwithstanding successful prosecutions taken using the legislation as it stands, I am exploring the possibility of strengthening the current legislation by way of a new set of waste regulations aimed at more specifically outlawing the unacceptable practice of backyard burning. In order to bring the issues involved to a wider public audience, under the Race Against Waste Awareness Campaign an information leaflet entitled Backyard Burning has been published, which highlights the effects of uncontrolled low temperature backyard burning of waste.