Environmental Protection Agency Act 1992

99F

F205[Application of other Acts.

15

99F.(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that Act, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 F206[or substitute consent, within the meaning of section 177A,] of that Act in respect of any development comprising or for the purposes of the activity, subject the permission to conditions which are for the purposes of

(a) controlling emissions from the operation of the activity, including the prevention, elimination, limitation, abatement, or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

(2) Where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála may, in respect of any development comprising or for the purposes of the activity, decide to refuse a grant of permission under section 34 F206[or refuse a grant of substitute consent, as defined in section 177A] of the Act of 2000, where the authority or An Bord Pleanála considers that the development, notwithstanding the licensing of the activity under this Part, is unacceptable F207[on environmental grounds or on the grounds of adverse effects on the integrity of a European site (as defined in that Act),] having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

(3) F208[]

(4) F208[]

(5) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him to be necessary or proper to give full effect to any of the provisions of this section.

(6) Without prejudice to the generality of subsection (5), regulations under this section may provide for matters of procedure in relation to the request for or the making of observations from or by the Agency under this section and related matters.

(7) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act.

(8) Notwithstanding the provisions of the Minerals Development Acts 1940 to 1999, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a lease granted by the Minister for Communications, Marine and Natural Resources under the said Acts in respect of the same activity shall not contain conditions which are for the purpose of the prevention, elimination, limitation, abatement or reduction of emissions to the environment from the activity.

(9) Without prejudice to the preceding subsections, where a licence or revised licence under this Part is granted in relation to an activity and

(a) a permission under section 34 of the Act of 2000, or

F206[(aa) a substitute consent, as defined in section 177T of the Act of 2000, or]

(b) a lease under the Minerals Development Acts 1940 to 1999,

has been granted in respect of the same activity or in relation to development for the purposes of it, any conditions attached to that permission or contained in that lease, as the case may be, shall, so far as they are for the purposes of the prevention, elimination, limitation, abatement or reduction of emissions to the environment, cease to have effect.

(10) The grant of a permission or lease under any of the Acts of the Oireachtas referred to in this section in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such activity.]

Annotations

Amendments:

F205

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

F206

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79(a), (b)(i), (d), S.I. No. 475 of 2011.

F207

Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79(b)(ii), S.I. No. 475 of 2011.

F208

Deleted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 7, in effect as per reg. 1(2), with application as per reg. 9.

F209

Substituted by Minerals Development Act 2017 (23/2017), s. 247(a)(i), (ii), not commenced as of date of revision.

F210

Substituted by Minerals Development Act 2017 (23/2017), s. 247(b), not commenced as of date of revision.

F211

Substituted by Minerals Development Act 2017 (23/2017), s. 247(c), not commenced as of date of revision.

Modifications (not altering text):

C45

Prospective affecting provision: subs. (8) amended, subs. (9)(b) inserted and subs. (10) amended by Minerals Development Act 2017 (23/2017), s. 247(a)(i), (ii), (b), (c), not commenced as of date of revision.

(8) Notwithstanding the provisions of F209[the Minerals Development Act 2017], where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a F209[mining licence under that Act] in respect of the same activity shall not contain conditions which are for the purpose of the prevention, elimination, limitation, abatement or reduction of emissions to the environment from the activity.

(9) ...

F210[(b) a mining licence under the Minerals Development Act 2017,

...]

(10) The grant of a permission F211[or mining licence] under any of the Acts of the Oireachtas referred to in this section in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such activity.

Editorial Notes:

E332

Previous affecting provision: subs. (3) amended (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79(c), S.I. No. 475 of 2011.