Finian McGrath (Dublin North Central, Independent)
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Question 409: To ask the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the potential loss of 70 jobs. [27692/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Issues concerning the enforcement of waste management legislation are a matter for the appropriate regulatory authority and should therefore be pursued with the Environmental Protection Agency (EPA) or the relevant local authority, as appropriate. The Office of Environmental Enforcement within the EPA also has a mandate to deliver enhanced environmental compliance through enforcement of Agency licences issued to waste, industrial and other activities. It exercises a supervisory role in respect of the environmental protection activities of local authorities. In this regard, the Office acts as a resource to members of the public who have exhausted all other avenues of complaint.

Under section 60(3) of the Waste Management Act 1996 the Minister is precluded from exercising any power or control in relation to the performance by the Agency or a local authority, in particular circumstances, of a statutory function vested in it.

Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála in the case of an appeal. In making decisions on planning applications, planning authorities must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, relevant Ministerial or Government policies, including any guidelines issued by the Department. Under section 30 of the Planning and Development Act 2000 the Minister is specifically precluded from exercising any power or control in relation to any particular case, with which a planning authority or An Bord Pleanála is or may be concerned.