Environmental Protection Agency Act 1992

F167[Regulations regarding licences.

89

89.(1) The Minister may make regulations in relation to

(a) applications for the grant of licences, or for the review of licences or revised licences,

(b) the review of licences or revised licences by the Agency of its own volition, and

(c) the granting of licences or revised licences.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following

(a) the form and content of application and of licence,

(b) the time within which an application for a licence shall be made relative to publication of a notice under section 87(1) and relative to an application for a permission under Part III of the Act of 2000,

(c) the publication by applicants, licensees or the Agency of such notices as may be specified,

(d) specifying the submissions, plans, documents and other information and particulars, including F168[environmental impact assessment reports], to be forwarded to the Agency or other specified person by applicants, licensees, objectors, or other persons within such periods as may be specified,

F169[(dd) specifying information to be contained in a baseline report for the purposes of section 86B,]

(e) requiring applicants, licensees, objectors or other persons to furnish to the Agency or any other specified person, within such period as may be specified, such additional information or particulars relating to applications, including environmenttal impact statements, or reviews as the Agency may request,

F170[(ea) requiring applicants, licensees or other persons to furnish to the Agency or any other specified person, within such period as may be specified, any additional or supplemental information to enable the Agency to carry out an environmental impact assessment,

(eb) requiring applicants, licensees or other persons to furnish information to the Agency, within such period as may be specified, in response to a request for additional or supplemental information under and for the purposes of section 83(2A)(e).]

(f) without prejudice to the requirements of any regulations under section 85, extending the period within which a notification to which section 87(3) refers shall be published

(i) to 8 weeks beginning on the date on which a request for additional information, particulars or evidence under paragraph (e) or (g) is complied with,

(ii) to any period with the consent of the applicant or licensee,

(iii) to 8 weeks beginning on the day on which any exemption under section 172(3)(a) of the Act of 2000 in relation to development to which the application relates has been granted by An Bord Pleanála,

(g) requiring the production, within such period as may be specified, of such evidence as the Agency may request for the purposes of verifying any information and particulars given by an applicant, licensee, objector or other person,

(h) procedures to be followed by the Agency in the processing of applications or reviews, including procedures for consultation in relation to an F168[environmental impact assessment report] whether or not an oral hearing is held, and the times within which such procedures shall be carried out,

(i) the publishing of decisions on applications or reviews and the reasons therefor and of any specified documents or other information in relation thereto, or

(j) requiring an applicant or licensee to defray or contribute towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to an application or review.

F171[(2A) Without prejudice to the generality of subsection (1), regulations under this section shall make provision for an assessment (in this Part referred to as an "alternative assessment") to be carried out by the Agency in relation to a designated application, in such form and manner as may be prescribed, for the purposes of ensuring that the objectives of the EIA Directive are met.

(2B) The Minister may prescribe such requirements and such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of an alternative assessment.

(2C) Regulations for the purposes of subsection (2A) may in particular provide for all or any of the following:

(a) the time periods within which the Agency is to carry out an alternative assessment;

(b) the information, including supplementary or additional information where required, relating to the alternative assessment to be provided to the Agency by a person making a designated application;

(c) the manner in which (which may include by electronic means) and the time periods within which, the information referred to in paragraph (b) is to be provided to the Agency;

(d) requirements and procedures for consultation and public participation in relation to the alternative assessment and the provision of information obtained under the alternative assessment to the public;

(e) the giving of notice, and publication of such notices as may be specified, in respect of the carrying out of the alternative assessment;

(f) requirements and procedures for co-ordination of assessments in accordance with subsection (2D);

(g) a requirement that, as part of the alternative assessment, the Agency assess the impacts (if any) of the designated development on the species listed in Annex IV of the Council Directive 92/43/EEC of 21 May 19924 on the conservation of natural habitats and of wild fauna and flora, amended by Council Directive 97/62/EC of 27 October 19975, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 20036, Council Directive 2006/105/EC of 20 November 20067 and Council Directive 2013/17/EU of 13 May 20138 and their breeding sites and resting places and consider whether there is a need for a derogation for the purpose of Article 16 of that Directive in respect of the designated development.

(2D) An alternative assessment shall be co-ordinated with any appropriate assessment of the designated development that is carried out under Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011).]

(3) (a) A person who in relation to an application for a licence, or to a review of a licence or revised licence, under this Part, makes a statement in writing which to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

(b) Where a person is convicted of an offence under this subsection, any licence or revised licence granted to that person, or to some other person on whose behalf the convicted person was authorised to act, consequent on the application or review in relation to which the information was furnished, shall stand revoked from the date of the conviction.

(4) Regulations under this section may contain

(a) such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations,

(b) such provisions as appear to the Minister to be necessary for the purposes or in consequence of the requirements of Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment1.

(5) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.]

Annotations

Amendments:

F167

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

F168

Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 4(a).

F169

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 14.

F170

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 6(1), in effect as per reg. 1(2), with application as per reg. 9.

F171

Inserted (30.03.2023) by Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), s. 8, S.I. No. 136 of 2023.

Modifications (not altering text):

C35

Regulations or obligations under section deemed unaffected (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), regs. 6(2), in effect as per reg. 1(2), with application as per reg. 9; extended to applications to which S.I. No. 457 of 2012 apply (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 7(2).

European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012)

6. ...

(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—

(a) restricting the Agency from performing its functions, or

(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2),

pursuant to the amendments to section 89 of that Act effected by paragraph (1).

...

9. These Regulations apply to an application for a licence or an application by the licensee for the review of a licence or a revised licence under Part IV of the Act of 1992 made to the Environmental Protection Agency on or after the day of the coming into operation of these Regulations.

...

European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012)

7. ….

(2) Notwithstanding Regulation 9 of the Regulations of 2012, the amendments to the Act of 1992 effected by the following regulations of the Regulations of 2012 apply to an application to which these Regulations apply:

(a) Regulation 3;

(b) Regulation 4(1) and (2), insofar as they relate to—

(i) paragraph (a), (b), (c), (d), (e) or (g) of subsection (2A),

(ii) paragraph (e)(i) of subsection (3), and

(iii) paragraph (aa) of subsection (4),of section 83 of the Act of 1992,

(c) Regulation 5(1) and (2), insofar as they relate to—

(i) the definition of “application for a licence” inserted in subsection (1A),

(ii) subsection (2) and (2)(aa),

(iii) subsection (8)(a)(iia), and

(iv) subsection (9A),of section 87 of the Act of 1992,

(d) Regulation 6(1) and (2), insofar as they relate to subsection (2) of section 89 of the Act of 1992.

C36

Requirement for information on the environment held by public authorities to be made available provided (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(c), in effect as per reg. 1(2).

Scope

4.

(2) Notwithstanding— ...

(c) sections 6 and 89 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) (as amended by the Protection of the Environment Act 2003 (No. 27 of 2003)) and any regulations made thereunder,

environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.

Editorial Notes:

E306

Power pursuant to section exercised (18.04.2023) by Environmental Protection Agency (Designated Development) (Industrial Emissions) (Licensing) Regulations 2023 (S.I. No. 186 of 2023).

E307

Power pursuant to section exercised (25.08.2022) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2022 (S.I. No. 423 of 2022), in effect as per reg. 2.

E308

Power pursuant to section exercised (25.08.2022) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2022 (S.I. No. 422 of 2022), in effect as per reg. 2.

E309

Power pursuant to section exercised (27.05.2020) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020 (S.I. No. 190 of 2020).

E310

Power pursuant to section exercised (27.05.2020) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2020 (S.I. No. 189 of 2020).

E311

Power pursuant to section exercised (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013).

E312

Power pursuant to section exercised (23.04.2013) by Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. No. 137 of 2013).

E313

Previous affecting provision: power pursuant to section exercised (27.07.2010) by Large Combustion Plants Regulations 2010 (S.I. No. 371 of 2010), in effect as per reg. 2; revoked (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(b), in effect as per reg. 2.

E314

Previous affecting provision: power pursuant to section exercised (13.07.2010) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2010 (S.I. No. 351 of 2010), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).

E315

Previous affecting provision: power pursuant to section exercised (23.09.2008) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2008 (S.I. No. 382 of 2008), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).

E316

Previous affecting provision: power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).

E317

Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).