Kathleen Lynch (Cork North Central, Labour)
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Question 44: To ask the Minister for the Environment, Heritage and Local Government if he will amend the Litter Pollution Act 1997 which enables local authorities to take action only against properties which accumulate high densities of refuse and other waste materials in public view and prohibits action being taken in circumstances where the material is not visible; and if he will make a statement on the matter. [28689/07]

John Gormley (Dublin South East, Green Party)
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The Litter Pollution Acts, 1997 to 2003, prohibit the leaving or throwing of litter in a public place or in any place that is visible from a public place. This includes the creation of litter in the carrying on of a business, trade or activity or in the loading, transporting or handling of items. The legislation also places an onus on occupiers of public places to keep the place free of litter. It places a similar obligation on occupiers of land to keep the land free of litter to the extent that it may be visible from a public place. The Litter Acts do not stipulate a minimum quantity of refuse or other waste material in order for a breach of the legislation to occur. It is not necessary for there to be a high density of refuse visible prior to action being taken by the relevant authorities.

Local authorities are responsible for implementing the litter laws in their own areas. In effect, this means they have responsibilities in relation to preventing and controlling litter, and they can take action against persons who break or ignore these laws. Gardaí also have the power to issue on-the-spot fines for litter offences.

Separate legislative provisions also prohibit illegal dumping and may be invoked to deal with cases whether waste material is visible or not from a public place; section 32 of the Waste Management Acts 1996-2007 places a general duty on the holder of waste and provides that a person shall not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Section 39 of the Waste Management Acts 1996-2007 provides that waste cannot be disposed of or recovered at a facility except in accordance with a licence issued by the Environmental Protection Agency. The Waste Management (Permit) Regulations, 1998 provide that, for certain specified activities, a waste permit issued by the local authority rather than a waste licence will be required.

Section 10 of the Waste Management Acts 1996-2007 sets out the penalties for any person found guilty of offences under the Act. The penalties range from a minimum fine of €3,000 or 12 months imprisonment or both on summary conviction, to a maximum fine of €15million or 10 years imprisonment or both in the case of conviction on indictment. I am satisfied that the penalties and enforcement powers under the legislation to which I have referred are adequate and appropriate, and there are no proposals to amend the law along the lines mentioned in the question.