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International Review of Waste Management Policy - Department of ...

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The plastic bag levy has led to more expensive, long-life bags being developed in the<br />

market. These are considered to be more environmentally friendly as they are<br />

capable <strong>of</strong> being reused on an ongoing basis.<br />

27.13 Evasion and Enforcement<br />

Some anecdotal evidence <strong>of</strong> slippage in the application <strong>of</strong> the plastic bag levy has<br />

been reported. Local authorities carry out inspections <strong>of</strong> retail outlets with a view to<br />

improving current practices in relation to the implementation <strong>of</strong> the plastic bag levy<br />

regulations. An enforcement network <strong>of</strong> local authority <strong>of</strong>ficers has been established<br />

to monitor and co-ordinate the enforcement drive for the plastic bag levy.<br />

A number <strong>of</strong> actions are undertaken by local authorities in ensuring compliance by<br />

retailers with the requirements <strong>of</strong> the levy regulations. These include visiting retail<br />

outlets and talking to retailers, carrying out initial spot checks and monitoring<br />

implementation.<br />

The role <strong>of</strong> the Revenue Commissioners relates to the collection <strong>of</strong> the levy. Revenue<br />

Commissioners are responsible for:<br />

496<br />

� Identification <strong>of</strong> accountable persons;<br />

� Processing returns and payments received from accountable persons;<br />

� Carrying out verification checks relating to the accuracy <strong>of</strong> returns;<br />

� Pursuing accountable persons who fail to deliver returns and payments within<br />

the statutory time limits;<br />

� Raising estimates where returns are not received or where liability is under<br />

stated;<br />

� Dealing with appeals against estimates raised.<br />

It is intended that, so as to minimise compliance costs on retailers, checks carried out<br />

by Revenue Commissioners will, ins<strong>of</strong>ar as possible, be incorporated with checks<br />

carried out in relation to tax liabilities.<br />

Retailers who fail to correctly implement the levy regulations are liable to the following<br />

sanctions:<br />

� 0n summary conviction, a fine not exceeding €3,000, or imprisonment for up<br />

to 12 months, or both; or<br />

� 0n conviction on indictment, a maximum fine <strong>of</strong> €15 million, or to<br />

imprisonment for up to 10 years, or both.<br />

� A system <strong>of</strong> daily fines applies where an <strong>of</strong>fence continues to be committed<br />

after conviction i.e. up to €1,000 per day for a summary conviction, or up to<br />

€130,000 for conviction on indictment.<br />

29/09/09

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