13AA.—(1) The Minister shall take all reasonable steps to ensure that a developer complies with any environmental condition.

(2) For the purposes of subsection (1), the Minister may request the developer to furnish, within a specified period, specified information in relation to the developer’s compliance with an environmental condition, and that developer shall comply with such a request.

(3) A request under subsection (2) by the Minister may, in particular, include a request for information relating to —

(a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring;

(b) the manner in which samples and measurements are taken and analyses are carried out;

(c) the equipment being used for the purposes of taking such samples and measurements, or of carrying out such analyses, and

(d) the results of any monitoring carried out.

(4) A developer that fails to comply with a request under subsection (3) shall be guilty of an offence and shall be liable —

(a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

(5) The Minister may, for the purposes of subsection (1), having notified the developer of his or her intention to do so, carry out an assessment of the developer’s compliance with an environmental condition.

(6) During the course of an assessment under subsection (5) the developer shall comply with any request, made by the Minister for the purposes of that assessment, to —

(a) furnish information, records or reports or the results of any monitoring by the developer in relation to the developer’s compliance with the condition, or

(b) afford to the Minister access to any land, premises or structure occupied by the developer, for the purposes of assessing the developer’s compliance with the condition.

(7) A developer that fails to comply with a request under subsection (6) shall be guilty of an offence and shall be liable —

(a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

(8) The Minister, having made a request under subsection (2) and considered any information furnished to him or her, or that has otherwise come into his or her possession, in consequence of that request, or under subsection (5), may issue to the developer to whom the request was made the terms of a direction (in this section referred to as "the proposed direction") that the Minister proposes to issue to the developer, requiring the developer to carry out, cause to be carried out, or arrange for, within a specified period, such action as the Minister considers necessary for the purposes of subsection (1) to ensure that that the developer complies with an environmental condition.

(9) The proposed direction shall specify a period within which the developer may make observations to the Minister in relation to the proposal to make the direction (and the developer may make such observations within that period accordingly).

(10) After the expiration of the period referred to in subsection (9) and having considered any observations made by the developer under that subsection, the Minister may confirm, with or without modification, or decide not to confirm his or her proposal to make the direction concerned and, in a case where the proposal is confirmed, the Minister, shall accordingly issue to the developer the direction concerned and the developer shall comply with the direction within the period specified in the direction.

(11) A developer that fails to comply with a direction under subsection (10) shall be guilty of an offence and shall be liable –

(a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

(12) In imposing any penalty under subsection (11) the court shall, in particular, have regard to the risk or extent of damage to the environment and any remediation required arising from the act or omission constituting the offence.

(13) Where a developer, after conviction of an offence under subsection (11), continues to contravene the provision, the developer shall be guilty of an offence on every day on which the contravention continues and for each such offence shall be liable, on summary conviction, to a class A fine or, on conviction on indictment, to a fine not exceeding €200,000.

(14) In this section –

“consent” means a consent to a relevant application;

“developer”, in relation to a consent, means the person to whom the consent was granted;

“environmental condition” means a condition attached to a consent under section 13A(2)(d);

“relevant application” has the meaning given to it by section 13A(5).]