Environmental Protection Agency Act 1992

F182[Transfer of licences.

94

94.(1) A licence or revised licence under this Part may be transferred from the licensee to another person in accordance with this section.

(2) Where the licensee desires that his licence or revised licence be transferred to another person (hereafter in this section referred to as "the proposed transferee"), the licensee and the proposed transferee shall jointly make an application to the Agency requesting that such a transfer be effected by the Agency.

(3) An application under subsection (2) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 99A and by the licence or revised licence concerned.

(4) The Agency may require the provision of such further information by the licensee or the proposed transferee as it considers appropriate for the purposes of dealing with an application made by them under this section.

(5) If, on consideration of an application under subsection (2), and any relevant information provided in respect thereof, the Agency is satisfied

(a) that the proposed transferee would, if he were an applicant for the licence, be regarded by it as a fit and proper person to be granted under section 83 a like licence to the licence or revised licence concerned,

(b) that the proposed transferee has complied with any requirements under section 83(6), and

(c) regarding such other matters as may be prescribed,

it shall effect a transfer of the licence or revised licence to the proposed transferee in such manner as may be prescribed.

(6) A person to whom a licence or revised licence is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the licence or revised licence, regardless of how and in respect of what period, including a period prior to the transfer of the licence or revised licence, they may arise.]

Annotations

Amendments:

F182

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

Modifications (not altering text):

C39

Functions under subs. (3) transferred and references construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under —

(a) the provisions of the enactments specified in the Schedule, and

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are transferred to the Minister for Public Expenditure and Reform.

4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 7 of 1992

Environmental Protection Agency Act 1992

Sections 93(1) and 94(3)

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Editorial Notes:

E319

Power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1996 (S.I. No. 239 of 1996), in effect as per reg. 2.

E320

Power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1995 (S.I. No. 60 of 1995), in effect as per reg. 2.

E321

Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994), in effect as per reg. 2.