Written answers

Wednesday, 3 May 2023

Department of Communications, Climate Action and Environment

Illegal Dumping

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

48. To ask the Minister for Communications, Climate Action and Environment if he will provide clarity on the rules surrounding the issuance of fines by local authorities for fly tipping or illegal dumping; if he will also clarify in terms of GDPR whether a fine can be issued where a member of the public finds contact details in illegally dumped materials; and, if this is not the case, if he will consider implementing changes to encourage this type of action by members of the public. [20427/23]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

Under both the Litter Pollution Act and the Waste Management Act, the primary responsibility for management and enforcement responses to litter pollution and illegal dumping lies with the local authorities. It is a matter for each local authority to determine the most appropriate enforcement actions in relation to illegal dumping taking account of local circumstances and priorities.

Penalties for illegal dumping contained in the Waste Management Act are significant. Persons who are found to be responsible for the unauthorised disposal of waste are liable to a maximum fine of €5,000 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. There is also scope under current waste legislation to seize vehicles involved in the carrying out of suspected unlawful waste activity and in the event of a successful prosecution to have such vehicles disposed of as the competent authority sees fit. It is also open to a local authority to issue an on-the-spot fine under the Litter Pollution Act depending on the nature of the offence.

The evidentiary value of material presented by members of the public is a matter for the enforcement authorities concerned, but my Department has not been made aware of any specific issues in this regard.

Comments

No comments

Log in or join to post a public comment.