George Lee (Dublin South, Fine Gael)
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Question 937: To ask the Minister for the Environment, Heritage and Local Government the legal requirements for dumping waste from a construction site on private land; and if he will make a statement on the matter. [38179/09]

John Gormley (Dublin South East, Green Party)
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Construction and demolition (C&D) material would be regarded as a waste if the holder discards or intends or is required to discard it, e.g. in the context of construction or development activity. However, there are circumstances where the material might not be considered a waste, having regard to this concept of discard. The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste, i.e. the natural or legal person in possession of the waste, or the producer of the waste. The Waste Management Acts 1996 - 2008 impose a general duty of care on holders of waste. A person may not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. A person transferring control of the waste should ensure that the person taking the waste is authorised under the waste management legislation to undertake the collection, recovery or disposal of the waste in question. If a person wishes to recover or dispose of waste from a construction site on private land they will require either a waste licence from the EPA or a waste permit or certificate of registration from the local authority in whose functional area the proposed recovery/disposal is to take place. The nature of the proposed activity (recovery or disposal), the type of waste and the quantity of waste will determine the type of authorisation, which will apply.

The Office of Environmental Enforcement issued guidance - Aspects of Construction and Demolition Waste Regulation - in December 2008, which provides guidance on the legal framework covering the recovery or disposal of construction and demolition wastes in Ireland. It is directed at regulators and persons undertaking site activities such as site owners, developers and C&D companies. It provides guidance on determining whether a material arising from a C&D activity is waste or not, the type of authorisation that applies and the classification of this material.

Under planning legislation, planning permission is required for any development unless it is specifically exempted under the legislation. While the interpretation of planning legislation is a matter for the planning authorities in the first instance, it is considered that the dumping of any significant amount of construction waste on land would comprise development under planning law and would therefore require planning permission.

When granting permission for a development planning authorities may attach conditions requiring C&D waste to be recovered or disposed of in such a manner and to such an extent as may be specified by the planning authority. My Department's Development Management Guidelines for Planning Authorities advise that in dealing with the planning issues in relation to C&D waste planning authorities should have regard to my Department's Circular Letter WPR 7-06 and Best Practice Guidelines on the Preparation of Waste Management Plans for Construction and Demolition Projects.