Environmental culprits to get petition rights on fines

Proposed rules on environmental fines could allow a reduction in penalties and even give offenders the right to petition a tribunal to waive infringement fines.

A permit by the Environment and Resources Authority is required for activities that impact natural habitats and trees, or waste management. Such permits are required for the felling or transplanting of trees, or activities that generate carbon emissions.

But failure to obtain such permits can be penalised by a maximum fines – applicable only after a year of non-adherence to the law – of €50 to €150.

Now under the proposed rules, issued for public consultation, daily fines will range from €30 to €60.

And those fined by the ERA for illegal activities in protected areas or who breach their permit conditions, will be able to petition the EPRT (environmental and planning review tribunal), to haves fines reviewed or waived. A similar system introduced in 2012 already exists for planning infringements.

A major change to reduce fines for offenders in breach of multiple regulations is also being contemplated: in case of concurrent offences subject to separate, daily fines for multiple offences, the offender will only be subject to the highest daily penalty applicable at any one time. Currently such concurrent offences carry daily penalties that accrue separately, until all offences are addressed to the ERA’s satisfaction.

The legal changes also introduce a distinction between illegalities in protected areas, and those in non-protected areas. The highest fine for unauthorised activities in protected areas will be a daily €60 coming into force only if the offender does not conform to regulations within a year. In non-protected areas, the maximum daily fine will be €35. Failure to submit reports and data as requested by the ERA, will carry a maximum daily fine of €30.

While in most cases the fines remain the same as today, in some cases these represent a significant reduction of fines with regards to certain offences.

For example, the failure to submit reports and data on emissions currently carries a maximum daily fine of €100; failure to obtain an environmental permit carries a daily €150 fine; petrol stations breaching rules on emissions of Volatile Organic Compounds can be fined €150 daily; similarly, the same fine applies for illegal waste activities.

The simplification and reduction of these fines is being done by replacing two schedules listing offences, with one list for fines under four generic offences – namely, activities without a permit, those without a permit inside protected areas, breach of permit conditions, and failure to submit reports to the ERA.

The environment ministry says the proposed rules will “increase access to justice and provide better visibility to contraveners, thus ensuring a more fair and efficient regime”.

The public has up to 9 February to submit its feedback on the new rules.