16. Environment

Updated to 11 September 2020

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16.1. Environmental Protection Agency

Environ/Comms 1 7/1992
Environ 27/2003
1 Functions other than under ss. 73, 99F and 99G and ss. 6 and 7 insofar as those sections relate to the making of regulations or orders, as the case may be, under ss. 73, 99F or 99G transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.
2

This SI dissolved An Foras Forbatha Teoranta on 1 August 1993.  It is now obsolete and should be revoked.

3 The enabling provisions are Environmental Protection Agency Act 1992 (7/1992), ss. 7 and 82(2). Section 82(2) is substituted by Protection of the Environment Act 2003 (27/2003), s. 15. There is an express saver for regulations: (9) Every order made under subsection (2) (being subsection (2) of this section as it had effect in the previous Part IV) and in force immediately before the commencement of section 15 of the Protection of the Environment Act 2003, shall continue in force as if it were an order made under subsection (4).
4 The enabling provisions are Environmental Protection Agency Act 1992 (7/1992), ss. 6, 82 and 94. Sections 82 and 94 are substituted by Protection of the Environment Act 2003 (27/2003), s. 15. There does not appear to be a direct saver for these regulations but the principal regulations (Environmental Protection Agency (Licensing Fees) Regulations 1994, S.I. No. 130 of 1994) have continued to be amended subsequently so it appears that these remain extant.
5 The enabling provisions are Environmental Protection Agency Act 1992 (7/1992), ss. 7 and 82(2). Section 82(2) is substituted by Protection of the Environment Act 2003 (27/2003), s. 15. There is an express saver for regulations: (9) Every order made under subsection (2) (being subsection (2) of this section as it had effect in the previous Part IV) and in force immediately before the commencement of section 15 of the Protection of the Environment Act 2003, shall continue in force as if it were an order made under subsection (4).
6 This SI amends the Genetically Modified Organisms Regulations 1994 (S.I. No. 345 of 1994) which were revoked by Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003), subject to transitional arrangements in s. 11. It is obsolete/spent and should be revoked.
7 The enabling provisions are Environmental Protection Agency Act 1992 (7/1992), ss. 7 and 82(2). Section 82(2) is substituted by Protection of the Environment Act 2003 (27/2003), s. 15. There is an express saver for regulations: (9) Every order made under subsection (2) (being subsection (2) of this section as it had effect in the previous Part IV) and in force immediately before the commencement of section 15 of the Protection of the Environment Act 2003, shall continue in force as if it were an order made under subsection (4).
8

This SI amends S.I. No. 268 of 2008, now revoked.  It is obsolete and should be revoked.

16.2. Air, Noise and Water Pollution

Comms 9 6/1987
Environ 1/1977
Environ 21/1990
Environ 52/2019
9 Transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.
10 See also Environment (Miscellaneous Provisions) Act 2011 (20/2011) and Environment (Miscellaneous Provisions) Act 2015 (29/2015).
11 This SI is obsolete/spent and should be revoked.
12 This SI is superseded by S.I. No. 230 of 1996 and should be revoked.
13 This SI amends S.I. No. 155 of 1992, repealed with effect from 31 December 2014 by S.I. No. 79 of 2008. This SI is obsolete/spent from that date.
14 Ibid.
15 Ibid.
16 This SI is obsolete/spent and should be revoked.

16.3. Climate Action and Low Carbon Development

Comms 17
  • none
12/2007
Comms 18 46/2015
17 Transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.
18 Transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.

16.4. Litter Pollution

Comms 19 12/1997
19 Transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.

16.5. Waste Management

Comms 20 10/1996
Environ 34 36/2001
Environ 20/2011
Environ 29/2015
20 Transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.
21 This SI is superseded by S.I. No. 126 of 2011, reg. 23 and should be revoked.
22

Rendered obsolete by revocation of S.I. No. 133 of 1997, which it amends, this SI should be revoked.

23

Rendered obsolete by revocation of S.I. No. 242 of 1997, which it amends, this SI should be revoked.

24

Superseded by S.I. No. 390 of 2001, this SI should be revoked.

25 Transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.
26 The enabling provisions are Waste Management Act 1996 (10/1996), ss. 7 and 62. Section 7 is a general regulation- making power whereas s. 62 allows the Minister to make regulations to give effect to Community acts; this SI is for that purpose. Section 62 was repealed by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 46, commenced by S.I. No. 433 of 2011. There is no saver for regulations but the SI may still be in effect because of s. 7. The status of this SI should be clarified by revocation if appropriate.
27 Superseded by Waste Management (Landfill Levy) Order 2009, S.I. No. 496 of 2009, this SI should be revoked.
28

Rendered obsolete by revocation of S.I. No. 341 of 2005, which it amends, this SI should be revoked.

29 Superseded by Waste Management (Landfill Levy) Order 2010, S.I. No. 13 of 2010, this SI should be revoked.
30 Superseded by Waste Management (Landfill Levy) (Amendment) Regulations 2010, S.I. No. 31 of 2010, this SI should be revoked.
31 The enabling provisions are ss. 7 and 73(3), and the latter has been substituted by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 13(d). The SI appears to have been superseded by S.I. No. 434 of 2011 and should be revoked.
32

Rendered obsolete by the revocation of S.I. No. 199 of 2008, which it amends, this SI should be revoked.

33 Transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.
34 Functions under s. 14 transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016.

16.6. ECA Section 3 Statutory Instruments

Foreign 27/1972
35

Rendered obsolete by revocation of S.I. No. 81 of 1988, which it amends, this S.I. should be revoked.

36

Rendered obsolete by revocation of S.I. No. 268 of 2008, which it amends, this S.I. should be revoked.

37

Rendered obsolete by revocation of S.I. No. 798 of 2007, which it amends, this S.I. should be revoked