Catherine Murphy (Kildare North, Social Democrats)
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178. To ask the Minister for Communications, Climate Action and Environment if his attention has been drawn to a complaint to the European Commission by a group (details supplied); if he has engaged the Commission in respect of this issue; his plans to address the complaint at local level; if he or his officials are in a position to investigate the matter; and if he will make a statement on the matter. [41564/18]

Seán Kyne (Galway West, Fine Gael)
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There are a number of issues raised in the complaint, many of which do not fall under of the Department of Communications, Climate Action & Environment including issues pertaining to planning legislation which are matters for the Minister for Housing, Planning and Local Government.

In terms of waste management, the Waste Management Act 1996 and the Waste Management (Licensing) Regulations 2004 govern the process under which waste licences are applied for and maintained. Once granted, each waste licence defines the nature of environmentally acceptable activities that can take place at a waste facility, including the acceptable types of waste that can be received. This is done by the conditions of the licence which are set by the Environmental Protection Agency.

I have no function in relation either to the setting of operating conditions or to their enforcement, and 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 Environmental Protection Agency, in particular circumstances, of a statutory function vested in it.