Maureen O'Sullivan (Dublin Central, Independent)
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To ask the Minister for Environment, Community and Local Government the progress made to date in developing new regulatory structures for waste management; if he has further details regarding the introduction of on the spot fines for incidents of fly tipping or small scale illegal dumping. [2154/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I published A Resource Opportunity - Waste Management Policy in Ireland in July, 2012 setting out a range of measures which will significantly revise the current regulatory regime to ensure, inter alia , that waste collected is managed in accordance with the waste hierarchy as set out in the Waste Framework Directive, under which prevention, reuse, recycling, recovery are favoured over the disposal of waste.  The work of developing new regulatory structures to give effect to the measures set out in the waste policy is underway and my Department is engaging with a range of key stakeholders in relation to the detailed design of the new system.  It is my intention that the improved regulatory regime will deliver both enhanced environmental performance and ensure a quality service for consumers.

Actions against illegal waste activity are a matter for the local authorities and the Environmental Protection Agency. My Department provides a legislative and policy framework through which the enforcement authorities operate in this regard. Penalties available under the Litter Pollution Acts for litter offences range from an on-the-spot fine of €150, to a maximum fine of €3,000 on summary conviction, and a maximum fine of €130,000 on conviction on indictment. The fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the court to pay the local authority’s costs and expenses in investigating the offence and bringing the prosecution.Penalties for more serious dumping offences available under the Waste Management Acts are also substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €3,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years. It is at the discretion of the local authorities, which have responsibilities for enforcement of both the Litter Pollution Act and the Waste Management Act, to decide whether a specific incident warrants the application of either Act.

Notwithstanding the very significant penalties outlined above, my Department is preparing Heads of a Bill, for approval by Government, that will provide for the introduction of on-the-spot fines for incidences of fly tipping or small scale illegal dumping. Subject to approval by Government, my Department will submit the Heads to the Office of the Attorney General for consideration with the intention of preparing a Bill for publication later this year.