Building work on the contentious Poolbeg incinerator is set to restart by the end of April, almost one year since work on the facility was stopped.

However, legislation setting heavy levies on incineration is planned for publication by the Irish Department of the Environment and could threaten the very viability of the plant.

While Dublin City Council will begin working with Covanta, the developers of the plant, in the coming weeks towards restarting the project, following the removal of the last legal barrier to its development just days before Christmas - the long-term future for the facility has been called into question.

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The Irish Times reported that the final date for objectors to the incinerator to seek a judicial review of An Bord Pleanála's earlier decision to grant permission to Dublin City Council to compulsorily purchase land required for the facility expired on December 22nd - and no application for a review was lodged.

Although the council has had planning permission for the incinerator for three years, it had to apply to An Bord Pleanála last August for permission to compulsorily acquire land it needed for a water-cooling facility for the plant.

In fact, Covanta is no longer under a legal obligation to build the plant because an associated foreshore licence for access to water cooling was not granted by last September, as set out in the terms of the contract with the council, but Covanta is reported to remain committed to the project - even though the new legislation could mean a levy on incineration of up to €120 a tonne.

(BMcC/GK)