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Northern Ireland Office

Answer

Lady Hermon: To ask the Secretary of State for Northern Ireland what steps he is taking to prevent the illegal disposal of special waste in Northern Ireland; what penalties are available for those caught illegally disposing special waste in Northern Ireland; and how many convictions there have been since 2002 for the illegal disposal of special waste. [193742] Angela Smith: The Department of the Environment administers and enforces the Special Waste Regulations (Northern Ireland) 1998 ("the 1998 Regulations") which control the movement of special waste throughout Northern Ireland. The Department audits and inspects those involved in the movement of special waste, including the producers, the waste carriers and the facilities receiving the waste, to ensure compliance with the regulations. The Department also works with others to promote compliance and awareness among those involved in the chain of special waste. There are a number of pieces of legislation that are applicable to the illegal disposal of special waste. A person who commits an offence under the 1998 Regulations shall be liable, on summary conviction to a fine not exceeding level 5 on the standard scale (presently £5,000); or, on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. The penalties are applicable for each offence. Article 4 of the Waste and Contaminated Land (Northern Ireland) Order 1997 ("the 1997 Order") relates to the unauthorised or harmful disposal of waste. A person guilty of an offence under this article in relation to special waste shall be liable, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding £20,000 or to both; or, on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both. Also, under Article 5 of the 1997 Order, which relates to `duty of care' requirements, any person failing to comply with certain requirements therein shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding the statutory maximum (presently £5,000); and, on conviction on indictment, to a fine. Again, these penalties are applicable for each offence. There has been one conviction since 2002, and there are several cases pending.

Secondary information

Type

Written question

Reference

425 c1261-2W; 193742

Session

2003-04

Subjects

Enforcement Fines Hazardous substances Fly-tipping Northern Ireland Sentencing Waste disposal

Link

View this Written question on www.publications.parliament.uk