Environmental Protection Agency Act 1992

Number 7 of 1992

ENVIRONMENTAL PROTECTION AGENCY ACT 1992

REVISED

Updated to 18 April 2023

This Revised Act is an administrative consolidation of the Environmental Protection Agency Act 1992. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Environmental Protection Agency (Designated Development) (Industrial Emissions) (Licensing) Regulations 2023 (S.I. No. 186 of 2023), made 18 April 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 7 of 1992


ENVIRONMENTAL PROTECTION AGENCY ACT 1992

REVISED

Updated to 18 April 2023


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

3A.

Community act given effect to by certain amendments of this Act.

3B.

Power to amend First Schedule in certain circumstances.

3C.

Industrial Emissions Directive.

4.

Environmental protection, environmental pollution and environmental medium and environmental quality standard.

5.

Best available techniques.

6.

Regulations.

7.

Orders.

8.

Offences.

9.

Penalties.

10.

Payment of certain fines to Agency.

11.

Prosecution of offences.

12.

Cost of prosecutions.

13.

Powers of authorised person.

14.

Service of notices.

15.

Immunity of Agency.

16.

Indemnification of Director General, directors and other persons.

17.

Expenses of Minister.

18.

Amendment of Act of 1963 and Air Pollution Act, 1987.

PART II

Environmental Protection Agency

19.

Establishment of Environmental Protection Agency.

20.

Incorporation of Agency.

21.

Director General.

22.

Deputy Director General.

23.

General functions of Director General and Deputy Director General.

24.

Directors.

25.

Meetings and procedure of Agency.

26.

Agency's quorum, vacancies, etc.

27.

Advisory Committee.

28.

Functions of Advisory Committee.

29.

Staff of the Agency.

30.

Transfer of staff of public authorities.

31.

Conditions related to transfer of staff.

32.

Dissolution of An Foras Forbartha Teoranta.

33.

Superannuation of Director General and directors.

34.

Superannuation of staff of Agency.

35.

Membership of House of Oireachtas or European Parliament.

36.

Membership of a local authority.

37.

Declaration of interests.

38.

Disclosure of interests.

39.

Disclosure of confidential information.

40.

Prohibition of certain communications.

41.

Committees and consultative groups.

42.

Consultants and advisers.

43.

Establishment of regional environmental units.

44.

Provision of services to Agency.

45.

Agreements between Agency and other public authorities.

46.

Grants to Agency.

47.

Borrowing by Agency.

48.

Acceptance of gifts by Agency.

49.

Charges for services.

50.

Accounts and audits.

51.

Annual report and information to Minister.

PART III

Functions of the Agency

52.

Functions generally.

53.

Assignment of additional functions.

54.

Transfer of functions.

55.

Advisory functions in relation to Ministers of the Government.

56.

Advisory functions in relation to local authorities.

57.

Assistance to local authorities.

58.

Drinking water.

58A.

Performance by water services authorities of statutory functions in relation to drinking water.

59.

Sewage or other effluents.

60.

Agency functions in relation to water or sewage treatment.

61.

Monitoring in relation to sanitary authorities' effluents.

62.

Landfill sites for waste disposal.

63.

Performance of statutory functions by local authorities.

64.

Hydrometric programme.

65.

Environmental monitoring programme.

66.

Establishment of an accreditation scheme.

67.

Access to monitoring results.

68.

Monitoring activities of public authorities.

69.

Environmental quality data storage system.

70.

State of the environment reports.

71.

Environmental research.

72.

Environmental impact assessment.

73.

Environmental approval.

74.

Environmental audit.

75.

Environmental quality objectives.

76.

Codes of practice.

77.

Evidence of code of practice.

78.

Labelling of products and services.

79.

General policy directives.

80.

Consultation by the Agency.

81.

Consultation with the Agency.

81A.

Regulations in relation to environmental inspections.

PART IV

Integrated Pollution Control

82.

Licences.

82A.

Transitional matters for activities licensed under this Act consequent upon Industrial Emissions Directive.

82B.

Provision supplemental to section 82.

82C.

Exemption under section 5(1) of Act of 2022.

82D.

Section 15 of Climate Action and Low Carbon Development Act 2015.

83.

Determination of applications for licences.

84.

Provisions supplemental to, and consequential on, section 83.

85.

Transboundary environmental impacts.

86.

Conditions attached to a licence.

86A.

Best available techniques, emission limit values, equivalent parameters and conditions attached to a licence.

86B.

Baseline report and permanent cessation of activity.

87.

Processing of applications for licences or reviews of licences.

87A.

Agency may not grant licence in respect of designated development unless Minister has approved designated development.

88.

Oral hearing and written report.

88A.

Agency to take alternative assessment into account.

88B.

Notice of decision in relation to designated application.

89.

Regulations regarding licences.

90.

Review of licences.

91.

Register of licences.

92.

Limit on duration of licence.

93.

Benefit of licences.

94.

Transfer of licences.

95.

Surrender of licences.

96.

Amendment of licence of clerical or technical nature.

96A.

Mass balances of specified substances. (Repealed)

97.

Revocation or suspension of licence in certain circumstances.

97A.

Notice of incident or accident significantly affecting the environment.

97B.

Notice of non-compliance with licence or revised licence relating to industrial emissions directive activity.

98.

Alterations of activity.

98A.

Alterations of industrial emissions directive activity.

99.

Charges in relation to emissions.

99A.

Fees.

99B.

Special cases.

99C.

Monitoring of environmental quality and emissions.

99D.

Mass balances of specified substances.

99E.

Discharges to sewers.

99F.

Application of other Acts.

99G.

Transitional arrangements.

99H.

Powers of High Court or Circuit Court in relation to activities in contravention of this Act.

PART IVA

Water Pollution

99I.

Groundwater Protection.

PART IVB

Environmental Inspection Plan

99J.

Environmental Inspection Plan.

PART IVC

Titanium Dioxide

99K.

Titanium Dioxide.

PART V

General Pollution Control

100.

Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977.

101.

Extension to Agency of certain powers under Air Pollution Act, 1987.

102.

Management plans.

103.

Emission limit values and quality standards.

104.

Special reports and investigations.

105.

Inquiries.

PART VI

Miscellaneous

106.

Regulations for control of noise.

107.

Power of local authority or Agency to require measures to be taken to prevent or limit noise.

108.

Noise as a nuisance.

109.

Safety, Health and Welfare at Work Act, 1989.

110.

Access to information on the environment.

111.

Genetically modified organisms.

112.

Register kept in computer or other non-legible form and evidence of entries.

113.

Increase of certain penalties.

FIRST SCHEDULE

Activities to which Part IV applies

SECOND SCHEDULE

Enactments in respect of which Functions may be Transferred to the Agency

THIRD SCHEDULE

Amendment of Air Pollution Act, 1987


Acts Referred to

Air Pollution Act, 1987

1987, No. 6

Civil Service Regulation Act, 1956

1956, No. 46

Criminal Procedure Act, 1967

1967, No. 12

European Assembly Elections Act, 1977

1977, No. 30

European Assembly Elections Act, 1984

1984, No. 6

European Communities Act, 1972

1972, No. 27

Fisheries (Consolidation) Act, 1959

1959, No. 14

Harbours Act, 1946

1946, No. 9

Health Act, 1970

1970, No. 1

Holidays (Employees) Act, 1973

1973, No. 25

Local Authorities (Works) Act, 1949

1949, No. 17

Local Government Act, 1941

1941, No. 23

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1982

1982, No. 21

Local Government (Roads and Motorways) Act, 1974

1974, No. 6

Local Government (Sanitary Services) Act, 1948

1948, No. 3

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Local Government (Sanitary Services) Act, 1964

1964, No. 29

Local Government (Water Pollution) Act, 1977

1977, No. 1

Local Government (Water Pollution) (Amendment) Act, 1990

1990, No. 21

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Public Health (Ireland) Act, 1878

1878, c. 52

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

The Dublin Corporation Waterworks Act, 1861

1861, c. 172

Unfair Dismissals Act, 1977

1977, No. 10

Waterworks Clauses Act, 1847

1847, c. 17

Waterworks Clauses Act, 1863

1863, c. 93

European Communities Regulations Referred to

European Communities (Asbestos Waste) Regulations, 1990

S.I. No. 30 of 1990

European Communities (Control of Water Pollution by Asbestos) Regulations, 1990

S.I. No. 31 of 1990

European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988

S.I. No. 221 of 1988

European Communities (Environmental Impact Assessment) Regulations, 1989

S.I. No. 349 of 1989

European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988

S.I. No. 81 of 1988

European Communities (Toxic and Dangerous Waste) Regulations, 1982

S.I. No. 33 of 1982

European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988

S.I. No. 248 of 1988

European Communities (Waste) Regulations, 1979

S.I. No. 390 of 1979

European Communities (Waste) Regulations, 1984

S.I. No. 108 of 1984


Number 7 of 1992


ENVIRONMENTAL PROTECTION AGENCY ACT 1992

REVISED

Updated to 18 April 2023


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE PROTECTION OF THE ENVIRONMENT AND THE CONTROL OF POLLUTION, TO ESTABLISH AN ENVIRONMENTAL PROTECTION AGENCY, FOR THESE AND OTHER PURPOSES TO INCREASE CERTAIN EXISTING MONETARY PENALTIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [23rd April, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to Department of and Minister for the Environment, Community and Local Government construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,are transferred to the Minister for Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government 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 Communications, Energy and Natural Resources.

...

Schedule 1

...

Environmental Protection Agency Act 1992 (No. 7 of 1992) (other than sections 73, 99F and 99G of that Act and sections 6 and 7 of that Act insofar as those sections relate to the making of regulations or orders, as the case may be, under sections 73, 99F or 99G)

...

C2

Provision for co-ordination of permit requirements for activities carried out under Act with integrated pollution prevention and control Licensing made (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 2(1).

Co-ordination with Integrated Pollution Prevention and Control Licensing

9. (1) The Agency shall ensure that where installations carry out activities that are included in Schedule 1 to the 1992 Act, the conditions of, and procedure for, the issue of a greenhouse gas emissions permit are co-ordinated with those for integrated pollution prevention and control licences provided for in the 1992 Act and the 1996 Act.

(2) The Agency may integrate the requirements of Regulations 6, 7 and 8 into the procedures for integrated pollution prevention and control licensing provided for in the 1992 Act and the 1996 Act.

C3

Application of Act and collectively cited Environmental Protection Agency Acts 1992 and 2003 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

Environmental Protection Agency Acts 1992 and 2003

...

C4

Application of Act extended (7.09.2011) by Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465 of 2011), reg. 12.

Offences

12. Any person or body who contravenes or fails to comply with a provision of these Regulations shall be guilty of an offence under the Act of 1992.

C5

Provision for integration of procedures with procedures under Act made (31.12.2009) by Waste Management (Management of Waste From the Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009), in effect as per reg. 1(2).

Application and licence or waste facility permit

7. ...

(7) The Agency may integrate the requirements of Regulations 7 and 8 into the procedures for integrated pollution prevention and control licensing provided for in the 1992 Act or into the procedures provided for waste licensing under the Act.

Public participation

8. ...

(7) The detailed arrangements for public participation under these Regulations shall be set by the competent authority who shall ensure coordination with such procedures in either the 1992 Act, the Act or Facility Permit Regulations, as appropriate.

C6

Certain regulations, orders and bye-laws made under continued in force (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 59, S.I. No. 393 of 2004.

Saving for regulations, orders and bye-laws.

59.—(1) Any regulation, order or bye-law that—

(a) has been made under a provision of the Act of 1992, the Act of 1996 or the Act of 1997 that has been amended, or has been repealed and re-enacted with or without modifications, by a provision of this Act, and

(b) is in force immediately before the commencement of that provision of this Act,shall, subject to subsection (2) of this section, continue in force as if made under that provision as so amended or re-enacted and may be amended or revoked accordingly.

(2) Subsection (1) of this section does not apply to the extent that the regulation, order or bye-law concerned is inconsistent with the provision of the relevant enactment as so amended or re-enacted.

(3) References in this section to an order do not include references to an order mentioned in section 82(9) of Part IV (inserted by section 15 of this Act) of the Act of 1992 (which section 82(9) makes separate provision for the continuance in force of such an order).

Editorial Notes:

E1

Functions conferred on the Environmental Protection Agency (21.04.2020) by European Union (Persistent Organic Pollutants) Regulations 2020 (S.I. No. 146 of 2020), regs. 4, 13.

E2

Functions conferred on the Environmental Protection Agency (3.05.2019) by Radiological Protection Act 1991 (Non-Ionising Radiation) Order 2019 (S.I. No. 190 of 2019), art. 4.

E3

Functions conferred on the Environmental Protection Agency (4.02.2019) by Radiological Protection Act 1991 (Ionising Radiation) Regulations 2019 (S.I. No. 30 of 2019), arts. 5, 6, 7, 9, 10, 12.

E4

Functions conferred on the Environmental Protection Agency (31.12.2018) by European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018), regs. 5, 8, 10, 12, 14, in effect as per reg. 1(2).

E5

Functions conferred on the Environmental Protection Agency (1.01.2018) by European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017 (S.I. No. 605 of 2017), regs. 17, 22, 23, 25, 26, 29, 32, 33, in effect as per reg. 1(d).

E6

Functions conferred on the Environmental Protection Agency (19.12.2017) by European Union (Medium Combustion Plants) Regulations 2017 (S.I. No. 595 of 2017), regs. 5, 6, 9, 11-16, 19, 20, in effect as per reg. 2.

E7

Functions conferred on the Environmental Protection Agency (24.07.2017) by European Communities (Nuclear Safety) Regulations 2017 (S.I. No. 332 of 2017), regs. 5, 6, 7, in effect as per reg. 2.

E8

Functions conferred on the Environmental Protection Agency (1.06.2015) by Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015), reg. 21(10), in effect as per reg. 5.

E9

Functions conferred on the Environmental Protection Agency (20.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), regs. 23, 27, 31(2), 35(1), in effect as per reg. 3.

E10

Functions conferred on the Environmental Protection Agency (20.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), regs. 13(3)(d), (4), 30(2), 35(1), in effect as per reg. 3.

E11

Functions conferred on the Environmental Protection Agency (16.06.2014) by European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), regs. 4(2), 4(3), 11.

E12

Functions conferred on the Environmental Protection Agency (14.06.2014) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), regs. 8, 9, 28(3), 30(7), 30(10), 40.

E13

Functions conferred on the Environmental Protection Agency (24.03.2014) by European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014), regs. 25(6), 25(7), 37, 42(5)(b), 45.

E14

Functions conferred on the Environmental Protection Agency (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), regs. 5, 8(6), 8(7), 11(1), 11(2), 14-16, 18(1), 19, in effect as per reg. 2.

E15

Functions conferred on the Environmental Protection Agency (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), regs. 5, 7, 10(4), 21(1), 22(1), 25(1), 28(1), in effect as per reg. 2.

E16

Functions conferred on the Environmental Protection Agency (1.01.2013) by European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), regs. 6, 8, 20, 21, 24(1), 27(1), in effect as per reg. 2.

E17

Functions conferred on the Environmental Protection Agency (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), regs. 12, 18(2), 22(1), 25-28, 33(1), in effect as per reg. 34, subject to transitional provisions in reg. 35.

E18

Functions conferred on the Environmental Protection Agency (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), regs. 5, 6, 7(2), 8-26, in effect as per reg. 2.

E19

Functions conferred on the Environmental Protection Agency (1.03.2010) by Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010), reg. 12(2), in effect as per reg. 1(2).

E20

Duty to notify local authority of conviction of an offence under collectively cited Environmental Protection Agency Acts as part of registration process provided (1.03.2010) by Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010), regs. 6(1)(f), 11(1)(b) and sch. 2 para. 6, in effect as per reg. 1(2).

E21

Functions conferred on the Environmental Protection Agency (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009), reg. 2(3).

E22

Functions conferred on the Environmental Protection Agency (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 18-22, 24, 26, 35, 39, 41, 43, 44, 46, 47, 49, 50, 52-54, 56-58, 67, in effect as per reg. 1(2).

E23

Requirement for emission controls and environmental quality standards in future authorisations for discharge into surface waters under Act, and review of existing authorisations, provided (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 7, 9, in effect as per reg. 1(2).

E24

Requirement to set emission limits for drainage to surface water bodies provided (27.07.2009) by European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (S.I. No. 296 of 2009), reg. 12.

E25

Functions conferred on the Environmental Protection Agency (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), regs. 6, 8, 10-12, 14, 15(6), 17, 20(2), 21, 25, 26, in effect as per reg. 1(2).

E26

Functions conferred on the Environmental Protection Agency (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), regs. 5(3), 7, 9, 10(1).

E27

Functions conferred on the Environmental Protection Agency (1.07.2008) by Waste Management (Registration of Brokers and Dealers) Regulations 2008 (S.I. No. 113 of 2008), reg. 14(2), in effect as per reg. 1(2).

E28

Functions conferred on the Environmental Protection Agency (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 11(3), 11(4), 17, 37, 38, 40, 42(3), in effect as per reg. 2.

E29

Functions conferred on the Environmental Protection Agency (20.03.2008) by Bathing Water Quality Regulations 2008 (S.I. No. 79 of 2008), regs. 10-12, 19-21.

E30

Functions conferred on the Environmental Protection Agency (7.12.2005) by European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 (S.I. No. 787 of 2005), reg. 4.

E31

Functions conferred on the Environmental Protection Agency (12.06.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).

E32

Provision for primary responsibility for collectively cited Environmental Protection Agency Acts to lie with Minister made (1.01.2002) by Local Government Act 2001 (37/2001), s. 63(2)(a)(i) and sch. 12 part 1, S.I. No. 588 of 2001.

E33

Functions conferred on the Environmental Protection Agency (6.05.1994) by European Communities (Transfrontier Shipment of Waste) Regulations 1994 (S.I. No. 121 of 1994), regs. 3, 6, 10, in effect as per reg. 1(2).

E34

Previous affecting provision: functions conferred on the Environmental Protection Agency (28.01.2014) by European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014 (S.I. No. 31 of 2014), regs. 17(12), 25(11), 26, 29; revoked (1.01.2018) by European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017 (S.I. No. 605 of 2017), reg. 3, in effect as per reg. 1(d).

E35

Previous affecting provision: functions conferred on the Environmental Protection Agency (26.01.2012) by European Communities Mercury (Export Ban and Safe Storage) Regulations 2012 (S.I. No. 27 of 2012), reg. 4; revoked (14.12.2018) by European Union (Mercury) Regulations 2018 (S.I. No. 533 of 2018), reg. 12.

E36

Previous affecting provision: functions conferred on the Environmental Protection Agency (20.06.2011) by Fluorinated Greenhouse Gas Regulations 2011 (S.I. No. 279 of 2011), regs. 8, 14(1), in effect as per reg. 1(2); revoked (28.12.2016) by European Union (Fluorinated Greenhouse Gas) Regulations 2016 (S.I. No. 658 of 2016), reg. 15(1), (2), in effect as per reg. 1(2).

E37

Previous affecting provision: transitional provisions for authorisations under Act made (27.01.2010 to 22.12.2013) by European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010), reg. 60, in effect as per reg. 1(b).

E38

Previous affecting provision: application of Act restricted (30.07.2009 to 22.12.2012) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 11, in effect as per reg. 1(2).

E39

Previous affecting provision: functions conferred on the Environmental Protection Agency (20.12.2010) by European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010 (S.I. No. 610 of 2010), regs. 29, 32(3)(a), in effect as per reg. 1(b); revoked (28.01.2014) by European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014 (S.I. No. 31 of 2014), reg. 3.

E40

Previous affecting provision: functions conferred on the Environmental Protection Agency (23.07.2009) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2009 (S.I. No. 274 of 2009), regs. 5, 6(2), 7, 8, 18(6); revoked (4.06.2010) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 (S.I. No. 261 of 2010), reg. 30, .

E41

Previous affecting provision: functions conferred on the Environmental Protection Agency (31.03.2009) by European Communities (Good Agricultural Practice For Protection of Waters) Regulations 2009 (S.I. No. 101 of 2009), reg. 29, in effect as per reg. 1(b); revoked (20.12.2010) by European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010 (S.I. No. 610 of 2010), reg. 2, in effect as per reg. 1(b).

E42

Previous affecting provision: functions conferred on the Environmental Protection Agency (3.05.2007) by Limitation of Emissions of Volatile Organic Compounds Due to the Use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007 (S.I. No. 199 of 2007), regs. 5, 6, 21, 25; revoked (1.01.2013) by European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2.

E43

Previous affecting provision: reduced storage capacity prescribed for certain contracts under (1.08.2006) by European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 (S.I. No. 378 of 2006), reg. 13(1)(c), in effect as per reg. 1(b); revoked (31.03.2009) by European Communities (Good Agricultural Practice For Protection of Waters) Regulations 2009 (S.I. No. 101 of 2009), reg. 2, in effect as per reg. 1(b).

E44

Previous affecting provision: functions conferred on the Environmental Protection Agency (1.08.2006) by European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 (S.I. No. 378 of 2006), reg. 29, in effect as per reg. 1(b); revoked (31.03.2009) by European Communities (Good Agricultural Practice For Protection of Waters) Regulations 2009 (S.I. No. 101 of 2009), reg. 2, in effect as per reg. 1(b).

E45

Previous affecting provision: functions conferred on the Environmental Protection Agency (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. 282 of 2006), reg. 33(2), in effect as per reg. 3; revoked (20.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37, in effect as per reg. 3.

E46

Previous affecting provisions: functions conferred on the Environmental Protection Agency (1.02.2006) by European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2005 (S.I. No. 788 of 2005), regs. 29, 32(3), 34(1), in effect as per reg. 2; revoked (1.08.2006) by European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 (S.I. No. 378 of 2006), reg. 2, in effect as per reg. 1(b).

E47

Previous affecting provision: provision for appointment of authorised officers with powers to be conferred under Act made (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005), reg. 15; revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), regs. 4(5), in effect as per reg. 34, subject to transitional provisions in reg. 35.

E48

Previous affecting provision: provision for references under Act or to the Act to be construed as including references to the regulations made (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a).

E49

Previous affecting provision: provision for integration of permit requirements with procedures for integrated pollution prevention and control licensing under Act made (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 8(2); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a), in effect as per reg. 2(1).

E50

Previous affecting provision: provision for penalties to be enforced in accordance with provisions of the Act made (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 16(5); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a), in effect as per reg. 2(1).

E51

Previous affecting provision: functions conferred on the Environmental Protection Agency (26.01.2004) by European Communities (National Emission Ceilings) Regulations 2004 (S.I. No. 10 of 2004), regs. 9, 10, in effect as per reg. 2; revoked (29.06.2018) by European Union (National Emission Ceilings) Regulations 2018 (S.I. No. 232 of 2018), reg. 11(2), in effect as per reg. 2.

E52

Previous affecting provision: functions conferred on the Environmental Protection Agency (1.01.2004) by European Communities (Drinking Water) Regulations 2000 (S.I. No. 439 of 2000), regs. 5, 7, in effect as per reg. 2; revoked (8.03.2007) by European Communities (Drinking Water) Regulations 2007 (S.I. No. 106 of 2007), reg. 23, in effect as per reg. 2.

E53

Previous affecting provision: functions conferred on the Environmental Protection Agency (1.07.2001) by Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001), regs. 6, 8, 10, in effect as per reg. 1(2); revoked (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 70, in effect as per reg. 1(2).

E54

Previous affecting provision: functions conferred on the Environmental Protection Agency (24.07.1998) by Local Government (Water Pollution) Act, 1977 (Water Quality Standards For Phosphorus) Regulations 1998 (S.I. No. 258 of 1998), reg. 4; revoked (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 70, in effect as per reg. 1(2).

E55

Previous affecting provision: functions conferred on the Environmental Protection Agency (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 32; revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73, in effect as per reg. 1(3).

E56

Previous affecting provision: certain provisions of Act applied to appeals under section 27(4) of Local Government (Planning and Development) Act 1963 (28/1963) (16.05.1994) by Local Government (Planning and Development) Regulations 1994 (S.I. No. 86 of 1994), regs. 48-53, in effect as per reg. 2(1); revoked (11.03.2002) by Planning and Development Act, 2000 (Commencement) (No. 3) Order 2001 (S.I. No. 599 of 2001), art. 6, in effect as per art. 6.

PART I

Preliminary and General

Section 1

Short title.

1

1.This Act may be cited as the Environmental Protection Agency Act, 1992.

Section 2

Commencement.

2

2.(1) Part I (other than section 18 (1)), Part II (other than section 43), Part III, Part IV (other than section 93) and Part VI will come into operation on the passing of this Act.

(2) The remaining provisions of this Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision or with reference to a particular area or areas, and different days may be so fixed for different purposes and different provisions of this Act and for different areas.

Annotations

Editorial Notes:

Note that a table showing commencement information in relation to all sections is available at http://www.irishstatutebook.ie/eli/isbc/1992_7.html#commencement.

E57

Power pursuant to section exercised (3.09.1996) by Environmental Protection Agency Act, 1992 (Commencement) (No. 2) Order 1996 (S.I. No. 77 of 1996).

2. Paragraphs 6 and 9 of the First Schedule to the Environmental Protection Agency Act, 1992 (No. 7 of 1992), shall come into operation on the 3rd day of September, 1996.

E58

Power pursuant to section exercised (11.01.1996) by Environmental Protection Agency Act, 1992 (Commencement) Order 1996 (S.I. No. 13 of 1996).

2. Sections 100 and 101 of the Environmental Protection Agency Act, 1992, shall come into operation on the 22nd day of January, 1996.

E59

Power pursuant to section exercised (11.12.1995) by Environmental Protection Agency Act, 1992 (Commencement) (No. 2) Order 1995 (S.I. No. 337 of 1995).

2. Sections 43 and 105 of the Environmental Protection Agency Act, 1992 shall come into operation on the 11th day of December, 1995.

E60

Power pursuant to section exercised (3.04.1995) by Environmental Protection Agency Act, 1992 (Commencement) Order 1995 (S.I. No. 57 of 1995).

2. Paragraphs 3, 12 and 13 of the First Schedule to the Environmental Protection Agency Act 1992 (No. 7 of 1992), shall come into operation on the 3rd day of April, 1995.

E61

Power pursuant to section exercised (1.07.1994) by Environmental Protection Agency Act, 1992 (Commencement) (No. 2) Order 1994 (S.I. No. 178 of 1994).

2. Section 18 (1) of, and the Third Schedule to, the Environmental Protection Agency Act, 1992, shall come into operation on the 1st day of July, 1994.

E62

Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency Act, 1992 (Commencement) Order 1994 (S.I. No. 82 of 1994).

2. Paragraphs 1, 2, 4, 5, 7, 8, 10 and 11 of the First Schedule to the Environmental Protection Agency Act, 1992 (No. 7 of 1992), shall come into operation on the 16th day of May, 1994.

E63

Power pursuant to section exercised (10.08.1993) by Environmental Protection Agency Act, 1992 (Commencement) Order 1993 (S.I. No. 235 of 1993).

2. Section 104 of the Environmental Protection Agency Act, 1992 shall come into operation on the 10th day of August, 1993.

Section 3

Interpretation.

3

F1[3.(1) In this Act, except where the context otherwise requires

"activity" means any process, development or operation specified in the First Schedule and carried out in an installation;

"the Act of 1996" means the Waste Management Act 1996;

"the Act of 2000" means the Planning and Development Act 2000;

F2["the Act of 2022" means the Development (Emergency Electricity Generation) Act 2022;]

"the Agency" shall be construed in accordance with section 19(1);

"atmosphere" means the gaseous envelope surrounding the earth, and includes air;

"authorised person" means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be prescribed to be an authorised person for the purposes of this Act or any Part or section thereof;

F3["BAT conclusions" means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;

"BAT reference document" in relation to an industrial emissions directive activity, means a document drawn up by the Commission of the European Union in accordance with Article 13 of the Industrial Emissions Directive, resulting from the exchange of information in accordance with that Article of that Directive and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, particular consideration having been given to the same matters as are specified in subparagraphs (i) to (xii) of section 5(3)(b);]

F2["designated application" means an application made to the Agency for a licence under Part IV in relation to designated development, after an application has been made under section 4 of the Act of 2022 to the Minister for the Environment, Climate and Communications for approval under section 7 of that Act to carry out the designated development, and does not include an application made to the Agency—

(a) for a revised licence under Part IV, or

(b) by the licensee under section 90(1)(b) for a review of a licence or a revised licence;]

F2["designated development" has the same meaning as it has in the Act of 2022;]

"development" has the meaning assigned to it by section 3 of the Act of 2000;

"the Directive" shall be construed in accordance with section 3A(1);

"disposal", in relation to waste, has the meaning assigned to it by the Act of 1996;

F4["EIA Directive" means Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20113 on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144;]

F3["emerging technique" means a novel technique for an industrial emissions directive activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques;]

"emission" means, in relation to an activity referred to in F5[Part IV, IVA, IVB or IVC], any direct or indirect release of substances, heat or noise from individual or diffuse sources in the activity into the atmosphere, water or land, and includes

(a) an emission into the atmosphere of a pollutant within the meaning of the Air Pollution Act 1987,

(b) the release of a greenhouse gas or a precursor of a greenhouse gas into the atmosphere,

(c) a discharge of polluting matter, sewage effluent or trade effluent within the meaning of the Local Government (Water Pollution) Act 1977, to waters or sewers within the meaning of that Act, or

(d) waste,

but does not include a radioactive substance within the meaning of Council Directive 96/29/Euratom1, a genetically modified micro-organism within the meaning of Council Directive 90/219/EEC2 or a genetically modified organism within the meaning of Directive 2001/18/EC of the European Parliament and of the Council3;

F3["emission levels associated with the best available techniques" means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;]

"emission limit value" means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time;

"employee of the Agency" does not include the Director General or other Director of the Agency;

"enactment" includes any instrument made under an enactment;

F6[environmental impact assessment shall be construed in accordance with section 83(2A);]

F4[environmental impact assessment report shall be construed in accordance with section 83(2A)(dd);]

F7[]

F8[“environmental impact statement” means a statement of the direct and indirect effects that a proposed activity will have or is likely to have on the environment and shall include the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment;]

"environmental protection", "environmental pollution", "environmental medium" and "environmental quality standard" have the meanings respectively assigned to them by section 4;

"established activity" means

(a) an activity which on 29 October 1999, or such other date as may be prescribed in relation to the activity, was being carried on and did not involve or have an association with unauthorised development within the meaning of the Act of 2000, or

(b) an activity

(i) in respect of which permission under section 34 of the Act of 2000 had been granted, or an application for such permission had been made, before 30 October 1999, or such other date as may be prescribed in relation to the activity, and

(ii) which on 29 October 2000, or such other date as may be prescribed in relation to the activity

(I) was being carried on, and

(II) did not involve or have an association with unauthorised development within the meaning of the Act of 2000;

"functions" includes powers and duties;

"greenhouse gas" means

(a) carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, any hydrofluorocarbon or any perfluorocarbon, and

(b) such other gases as may be prescribed,

in so far as the emission of any such gas contributes to global climate change;

F3["groundwater" has the meaning assigned to it by Regulation 3 of the European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010);

"hazardous substances" means substances or mixtures as defined in Article 3 of Regulation (EC) No. 1272/20081 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures;

"hazardous waste" means waste that displays one or more of the properties which render it hazardous specified in the Second Schedule (amended by Regulation 24 of the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011)) to the Act of 1996;

"industrial emissions directive activity" means a process, development or operation specified in paragraph 1.1.1, 2.1, 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 4.2.1, 4.3, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.1, 6.2, 7.2.1, 7.4.1, 7.7.1, 7.8, 8.1, 8.2, 8.3, 8.5.1, 8.6.1, 8.7, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 10.2, 10.3, 10.4, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an industrial emissions directive activity), 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 12.2.1, 12.3, 13.4.1, 13.5 or 13.6 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation and an activity shall not be taken to be an industrial emissions directive activity if it is carried out at an installation solely used for research, development or testing of new products and processes;

"Industrial Emissions Directive" means Directive 2010/75/EU2 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);]

"installation" means a stationary technical unit or plant where the activity concerned referred to in the First Schedule is or will be carried on, and shall be deemed to include any directly associated activity, whether licensable under this Part or not, which has a technical connection with the first-mentioned activity and is carried out on the site of that activity;

F3["integrated pollution control activity" means a process, development or operation specified in paragraph 1.1.2, 1.2, 1.3, 1.4, 3.1.2, 3.2.2, 3.3.2, 3.4.2, 3.5, 3.6.2, 3.7, 3.8, 3.9, 4.1, 4.2.2, 4.4, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 7.1, 7.2.2, 7.3.1, 7.3.2, 7.3.3, 7.4.2, 7.5, 7.6, 7.7.2, 8.4, 8.5.2, 8.6.2, F9[8.8,] 9.1, 9.2, 9.3.2, 9.4.4, 10.1, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an integrated pollution control activity), 12.1, 12.2.2, 13.1, 13.2, 13.3 or 13.4.2 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation;]

F10["ionising radiation" has the same meaning as it has in the Radiological Protection Act 1991;]

"land" includes soil;

"local authority" means

(a) in the case of a city, the city council, and

(b) in the case of a county, the county council,

and references to the functional area of a local authority shall be construed accordingly;

"the Minister" means the Minister for the Environment, Heritage and Local Government;

"monitoring" includes the inspection, measurement, sampling or analysis for the purposes of this Act of any emission, or of any environmental medium in any locality, whether periodically or continuously;

"noise" includes vibration;

"occupier", in relation to any installation or premises, includes the owner, a lessee, any person entitled to occupy the installation or premises and any other person having, for the time being, control of the installation or premises;

"person in charge" includes an occupier of an installation or premises or a manager, supervisor or operator of an activity;

"planning authority" has the meaning assigned to it by the Act of 2000;

"plant" includes any equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used for the purposes of, or incidental to, any activity specified in the First Schedule;

"premises" includes any messuage, building, vessel, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage;

"prescribed" means prescribed by regulations by the Minister under this Act;

"previous Part IV" shall be construed in accordance with section 82(1);

"public authority" means

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority for the purposes of the Local Government Act 2001,

(d) a harbour authority within the meaning of the Harbours Act 1946,

(e) a health board,

(ii) the Eastern Regional Health Authority, or

(iii) an Area Health Board established under the Health (Eastern Regional Health Authority) Act 1999,

(f) a board or other body (but not including a company under the Companies Act 1963 to 2001) established by or under statute,

(g) a company under the Companies Acts 1963 to 2001, in which all the shares are held

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board or other body referred to in paragraph (f) or by a company to which subparagraph (i) or (ii) applies,

(h) such other body as may be prescribed for the purposes of any provisions of this Act;

"public place" includes any place to which the public have access, whether by right or by permission, or whether subject to, or free of charge;

F11["radioactive substance" has the same meaning as it has in the Radiological Protection Act 1991;]

F10["radiological protection" means the prevention, limitation, elimination, abatement or reduction of the harmful effects of ionising radiation;]

"recovery", in relation to waste, has the meaning assigned to it by the Act of 1996;

"sanitary authority" means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 2001;

"soil" means the top layer of the land surface of the earth that is composed of disintegrated rock particles, humus, water and air;

"statutory undertaker" has the meaning assigned to it by the Act of 2000;

"vessel" means a waterborne craft of any type, whether self propelled or not, and includes an air cushion craft and any structure in or on water;

F12["waste" means any substance or object which the holder discards or intends or is required to discard;]

"waste management plan" means a waste management plan or a hazardous waste management plan within the meaning of the Act of 1996 that is for the time being in force;

"waters" has the meaning assigned to it by the Local Government (Water Pollution) Act 1977;

"works", in relation to sections 106 and 107, has the meaning assigned to it by the Act of 2000.

(2) In this Act a reference to

(a) the date on which a licence or revised licence is granted is a reference to the date on which the licence or revised licence is sealed with the seal of the Agency, and

(b) the date on which a decision by the Agency to refuse a licence or a revised licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed.

F13[(2A) Subject to this Act, a word or expression that is used in this Act and that is also used in F14[EIA Directive] has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]

F15[(2B) Subject to this Act, a word or expression that is used in this Act in so far as it relates to an industrial emissions directive activity and that is also used in the Industrial Emissions Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]

(3) In this Act a reference to a section, Part or Schedule, is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(4) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under this or any subsequent enactment.

(6) The activities to which this Act applies include activities operated by or in the charge of the State.]

Annotations

Amendments:

F1

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 5, S.I. No. 393 of 2004.

F2

Inserted (30.03.2023) by Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), s. 2, S.I. No. 136 of 2023.

F3

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(a).

F4

Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 3(a)(i), (iii).

F5

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(b).

F6

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 3(a), in effect as per reg. 1(2), with application as per reg. 9.

F7

Deleted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 3(a)(ii).

F8

Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 3(b), in effect as per reg. 1(2), with application as per reg. 9.

F9

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 27, S.I. No. 358 of 2015.

F10

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 19, S.I. No. 354 of 2014.

F11

Inserted (30.07.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 46, S.I. No. 354 of 2014.

F12

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(a).

F13

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 3(c), in effect as per reg. 1(2), with application as per reg. 9.

F14

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. 3(b).

F15

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(c).

Modifications (not altering text):

C7

Reference to Minister construed as Minister for Housing, Local Government and Heritage (30.09.2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 1(2).

2. The name of the Department of State, the present name of which is, in the Irish language, an Roinn Tithíochta, Pleanála agus Rialtais Áitiúil and, in the English language, the Department of Housing, Planning and Local Government, is altered, in the Irish language, to that of an Roinn Tithíochta, Rialtais Áitiúil agus Oidhreachta and, in the English language, to that of the Department of Housing, Local Government and Heritage.

3. The title of the Minister having charge of the Department of State, whose present title is, in the Irish language, an tAire Tithíochta, Pleanála agus Rialtais Áitiúil and, in the English language, the Minister for Housing, Planning and Local Government, is altered, in the Irish language to that of an tAire Tithíochta, Rialtais Áitiúil agus Oidhreachta and, in the English language, to that of the Minister for Housing, Local Government and Heritage.

4. In any enactment or any instrument made under an enactment -

(a) references to the Department of Housing, Planning and Local Government shall be construed as references to the Department of Housing, Local Government and Heritage;

(b) references to the Minister for Housing, Planning and Local Government shall be construed as references to the Minister for Housing, Local Government and Heritage.

C8

Minister for Environment, Community and Local Government construed as Minister for Communications, Energy and Natural Resources (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in art. 4-8. Note change of name of Department and title of Minister to Communications, Climate Action and Environment (23.07.2016) by S.I. No. 421 of 2016 and to Environment, Climate and Communications (24.09.2020) by S.I. No. 373 of 2020.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,are transferred to the Minister for Communications, Energy and Natural Resources.

Schedule 1

Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.

...

Environmental Protection Agency Act 1992 (No. 7 of 1992) (other than sections 73, 99F and 99G of that Act and sections 6 and 7 of that Act insofar as those sections relate to the making of regulations or orders, as the case may be, under sections 73, 99F or 99G)

...

C9

Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

...

Transfer of functions from water service authorities to Irish Water

7. ....

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

Editorial Notes:

E64

Definition of "peat extraction" inserted (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 3, in effect as per reg. 1(2); set aside as ultra vires the European Communities Act 1972 (27/1972), s. 3 by Friends of the Irish Environment Limited v. Minister for Communications, Climate Act and Environment and Others [2019] IEHC 646 para. 221 and [2019] IEHC 685 para. 11.

E65

Previous affecting provision: reference to Minister construed as Minister for Housing, Planning and Local Government (1.08.2017) by Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 358 of 2017), in effect as per art. 1(2); superseded as per C-note above.

E66

Previous affecting provision: reference to Minister construed as Minister for Housing, Planning, Community and Local Government (23.07.2016) by Environment, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 394 of 2016), in effect as per art.1(2); superseded as per E-note above.

E67

Previous affecting provision: reference to Minister construed as Minister for the Environment, Community and Local Government (2.05.2011) by Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 (S.I No. 193 of 2011), in effect as per art. 1(2); superseded as per E-note above.

E68

Previous affecting provision: power pursuant to section exercised (2.08.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996); 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 subs. (2).

E69

Previous affecting provisions: subs. (1) amended (1.07.1996) by Waste Management Act 1996 (10/1996), ss. 65(1)(a), 68(2), S.I. No. 192 of 1996; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.

E70

Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), 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 subs. (2).

E71

Previous affecting provision: power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1995 (S.I. No. 59 of 1995), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.

E72

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(a); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2.

E73

Previous affecting provision: subs. (1) amended (13.04.1994) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1994 (S.I. No. 84 of 1994), reg. 12, in effect as per reg. 2(1); revoked (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 3(2) and sch. 2 part 2, S.I. No. 393 of 2004.

E74

Previous affecting provision: subs. (1) amended (1.01.1994) by Local Government (Dublin) Act 1993 (31/1993), s. 4 and sch. 1 part 1, S.I. No. 400 of 1993; section substituted as per F-note above.

1 O.J. No. L159, 29.06.1996, p.1.

2 O.J. No. L117, 08.05.1990, p.1.

3 OJ No. L 26, 28.1.2012, p. 1

4 OJ No. L 124, 25.4.2014, p. 1

Section 3A
3A

F16[Community act given effect to by certain amendments of this Act.

3A.(1) The purposes for which the amendments of this Act by the Protection of the Environment Act 2003 are made include the purpose of giving effect to F17[Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008] concerning integrated pollution prevention and control1 (in this Act referred to as "the Directive").

(2) F18[]

(3) F18[]]

Annotations

Amendments:

F16

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 5, S.I. No. 393 of 2004.

F17

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 60.

F18

Deleted (7.01.2014) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 5, in effect as per reg. 2.

1 O.J. No. L257, 10.10.1996, p.26.

Section 3B
3B

F19[Power to amend First Schedule in certain circumstances.

3B.The Minister may by regulations amend the First Schedule if either or both of the following conditions is or are satisfied

(a) as a result of an act adopted by an institution of the European Communities, the continued operation of that Schedule and section 82 would, unless such amendment were to be made, not be in conformity with that act,

(b) the amendment proposed to be made does not, in the opinion of the Minister, involve any deviation from the principles or policies of that Schedule and section 82.]

Annotations

Amendments:

F19

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 5, S.I. No. 393 of 2004.

Editorial Notes:

E75

Power pursuant to section exercised (22.06.2011) by Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulations 2011 (S.I. No. 308 of 2011).

Section 3C
3C

F20[Industrial Emissions Directive.

3C. (1) The amendments of this Act effected by the European Union (Industrial Emissions) Regulations 2013 are made for the purpose of giving effect to the Industrial Emissions Directive.

(2) The Agency shall be the competent authority for the purposes of the Industrial Emissions Directive.

(3) As competent authority for the purposes of the Industrial Emissions Directive, the Agency shall, amongst other things

(a) keep itself informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information publicly available,

(b) maintain such data and information, provide for the supply of data to the Commission of the European Union and undertake such reporting as may be necessary for the proper implementation of relevant Union acts (including compliance with the requirements of Article 72(1) of the Industrial Emissions Directive), and

(c) when requested to do so by the Minister, participate in the Committee to assist the Commission of the European Union on the basis provided for in Article 75 of the Industrial Emissions Directive.]

Annotations

Amendments:

F20

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 6.

Section 4

F21[Environmental protection, environmental pollution and environmental medium and environmental quality standard.

4

4.(1) In this Act "environmental protection" includes

(a) the prevention, limitation, elimination, abatement or reduction of environmental pollution, and

(b) the preservation of the quality of the environment as a whole.

(2) In this Act "environmental pollution" means the direct or indirect introduction to an environmental medium, as a result of human activity, of substances, heat or noise which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment, and includes

(a) "air pollution" for the purposes of the Air Pollution Act 1987,

(b) the condition of waters after the entry of polluting matter within the meaning of the Local Government (Water Pollution) Act 1977,

(c) in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would, to a significant extent, endanger human health or harm the environment and, in particular

(i)   create a risk to the atmosphere, waters, land, plants or animals,

(ii)   create a nuisance through noise, odours or litter, or

(iii) adversely affect the countryside or places of special interest,

(d) noise which is a nuisance, or would endanger human health or damage property or harm the environment.

(3) In this Act "environmental medium" includes the atmosphere, waters and land.

(4) In this Act "environmental quality standard" means the set of requirements which must be fulfilled at a given time by a given environment or environmental medium or any part thereof, as specified in any enactment or enactments, or in any act or acts adopted by an institution of the European Communities.]

Annotations

Amendments:

F21

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 6, S.I. No. 393 of 2004.

Section 5

F22[Best available techniques.

5

5.(1) A reference in this Act to best available techniques shall be construed as a reference to the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle, F23[the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, designed to prevent] or eliminate or, where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.

(2) In subsection (1)

(a) "best", in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;

(b) "available techniques" means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the First Schedule, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;

(c) "techniques" includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.

(3) (a) For the purposes of subsection (1), the Agency

(i) may from time to time as occasion requires, and

(ii) shall in accordance with any regulations made by the Minister,

specify best available techniques to provide, in principle, F24[the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, for an activity] or activities of a particular class or description, and regard shall be had in the administration of this Act to any such specifications. The Agency, in preparing any such specification, may, by publication of a notice in such manner as it thinks appropriate, invite submissions or observations to be made to it in relation to the terms of the proposed specification.

(b) In specifying best available techniques in accordance with paragraph (a) or otherwise determining best available techniques for the purposes of this Act, the Agency shall, having regard to the likely costs and advantages of measures and to the principles of precaution and prevention, consider in particular

(i) the use of low-waste technology,

(ii) the use of less hazardous substances,

(iii) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate,

(iv) comparable processes, facilities or methods of operation, which have been tried with success on an industrial scale,

(v) technological advances and changes in scientific knowledge and understanding,

(vi) the nature, effects and volume of the emissions concerned,

(vii) the commissioning dates for new or existing activities,

(viii) the length of time needed to introduce the best available techniques,

(ix) the consumption and nature of raw materials (including water) used in the process and their energy efficiency,

(x) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it,

(xi) the need to prevent accidents and to minimise the consequences for the environment, and

(xii) the information published by the Commission of the European Communities pursuant to any exchange of information between Member States and the industries concerned on best available techniques, associated monitoring, and developments in them, or by international organisations,

and such other matters as may be prescribed.

(4) Whenever the Agency prepares a specification under subsection (3), it shall, as soon as may be, cause

(a) a copy of such specification to be sent to the Minister, each local authority, An Bord Pleanála and such other bodies, if any, as may be prescribed,

(b) notice of the preparation of the specification to be published in Iris Oifigiúil,

(c) notice of the preparation of the specification to be given to every person who made to the Agency submissions or observations concerning the specification in response to an invitation of the Agency made under subsection (3)(a), and

(d) a copy of the specification to be made available to every person who makes application for such a copy on payment of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making such a copy.]

Annotations

Amendments:

F22

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 7, S.I. No. 393 of 2004.

F23

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 7(a), commenced on enactment.

F24

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 7(b), commenced on enactment.

Section 6

Regulations.

6

6.(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.

(2) Regulations made under this Act may make different provisions in relation to different areas, different circumstances and different classes of cases.

(3) Every regulation made under this Act F25[(other than regulations made under section 99)] shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

F26[(4) Where it is proposed to make regulations under section 99, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.]

Annotations

Amendments:

F25

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 8(a), S.I. No. 393 of 2004.

F26

Inserted (12.07.2004) by Protection of the Environment Act 2003(27/2003), s. 8(b), S.I. No. 393 of 2004.

Modifications (not altering text):

C10

Application of section restricted (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. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise.

(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:

E76

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).

E77

Power pursuant to section exercised (31.10. 2022) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022 (S.I. No. 539 of 2022), in effect as per reg. 1(2).

E78

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.

E79

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.

E80

Power pursuant to section exercised (2.06.2021) by Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations 2021 (S.I. No. 278 of 2021).

E81

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

E82

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).

E83

Power pursuant to section exercised (7.10.2019) by Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations 2019 (S.I. No. 506 of 2019).

E84

Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2(1).

E85

Power pursuant to section exercised (17.11.2016) by Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016), in effect as per reg. 2.

E86

Power pursuant to section exercised (16.12.2015) by Environmental Protection Agency (Advisory Committee) Regulations 2015 (S.I. No. 613 of 2015).

E87

Power pursuant to section exercised (1.12.2014) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2014 (S.I. No. 553 of 2014).

E88

Power pursuant to section exercised (24.07.2013) by Environmental Protection Agency (Licensing Fees) Regulations 2013 (S.I. No. 284 of 2013).

E89

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

E90

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

E91

Power pursuant to section exercised (10.12.2012) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2012 (S.I. No. 502 of 2012).

E92

Power pursuant to section exercised (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), in effect as per reg. 2.

E93

Power pursuant to section exercised (13.12.2011) by Pollutant Release and Transfer Register Regulations 2011 (S.I. No. 649 of 2011).

E94

Power pursuant to section exercised (7.09.2011) by Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465 of 2011).

E95

Power pursuant to section exercised (1.09.2010) by Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2010 (S.I. No. 442 of 2010).

E96

Power pursuant to section exercised (4.06.2010) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 (S.I. No. 261 of 2010).

E97

Power pursuant to section exercised (31.12.2009) by Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009), in effect as per reg. 1.

E98

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E99

Power pursuant to section exercised (1.06.2006) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2006 (S.I. No. 278 of 2006), in effect as per reg. 2.

E100

Power pursuant to section exercised (15.07.2004) by Urban Waste Water Treatment (Amendment) Regulations 2004 (S.I. No. 440 of 2004).

E101

Power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 2004 (S.I. No. 410 of 2004), in effect as per reg. 2.

E102

Power pursuant to section exercised (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004).

E103

Power pursuant to section exercised (12.02.2004) by Genetically Modified Organisms (Transboundary Movement) Regulations 2004 (S.I. No. 54 of 2004), in effect as per reg. 2.

E104

Power pursuant to section exercised (1.11.2003) by Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003), in effect as per reg. 2.

E105

Power pursuant to section exercised (14.06.2001) by Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001).

E106

Power pursuant to section exercised (15.03.2001) by Genetically Modified Organisms (Contained Use) Regulations 2001 (S.I. No. 73 of 2001), in effect as per reg. 2.

E107

Power pursuant to section exercised (1.10.1997) by Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations 1997 (S.I. No. 374 of 1997), in effect as per reg. 2.

E108

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.

E109

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.

E110

Power pursuant to section exercised (18.07.1994) by Environmental Protection Agency Act 1992 (Declaration of Interests) Regulations 1994 (S.I. No. 205 of 1994), in effect as per reg. 2.

E111

Power pursuant to section exercised (1.07.1994) by Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (S.I. No. 179 of 1994), in effect as per reg. 2.

E112

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.

E113

Previous affecting provision: power pursuant to section exercised (15.11.2012) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 (S.I. No. 454 of 2012); revoked (31.10.2022) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022 (S.I. No. 539 of 2022), reg. 2, in effect as per reg. 1(2).

E114

Previous affecting provision: power pursuant to section exercised (17.10.2012) by Environmental Protection Agency (Advisory Committee) Regulations 2012 (S.I. No. 405 of 2012); revoked (16.12.2015) by Environmental Protection Agency (Advisory Committee) Regulations 2015 (S.I. No. 613 of 2015), reg. 9.

E115

Previous affecting provision: power pursuant to section exercised (20.06.2011) by Environmental Protection Agency Act (Fluorinated Greenhouse Gas) Regulations 2011 (S.I. No. 278 of 2011), in effect as per reg. 2; revoked (28.12.2016) by European Union (Fluorinated Greenhouse Gas) Regulations 2016 (S.I. No. 658 of 2016), reg. 15(1), in effect as per reg. 1(2).

E116

Previous affecting provision: power pursuant to section exercised (7.06.2011) by Environmental Protection Agency Act 1992 (Registration of Coal Bagging Operators and Fuel Suppliers) Regulations 2011 (S.I. No. 271 of 2011), in effect as per reg. 2; revoked (15.11.2012) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 (S.I. No. 454 of 2012), reg. 4.

E117

Previous affecting provision: power pursuant to section exercised (26.03.2011) by European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2011 (S.I. No. 127 of 2011); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(e), in effect as per reg. 2.

E118

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 subs. (2).

E119

Previous affecting provision: power pursuant to section exercised (31.05.2010) by Persistent Organic Pollutants Regulations 2010 (S.I. No. 235 of 2010), in effect as per reg. 2; revoked (21.04.2020) by European Union (Persistent Organic Pollutants) Regulations 2020 (S.I. No. 146 of 2020), reg. 14(1).

E120

Previous affecting provision: power pursuant to section exercised (22.04.2010) by European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2010 (S.I. No. 161 of 2010); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 240 of 2012), reg. 38(d), in effect as per reg. 2(1).

E121

Previous affecting provision: power pursuant to section exercised (19.04.2010) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.

E122

Previous affecting provision: power pursuant to section exercised (10.06.2009) by Environmental Protection Agency (Advisory Committee) Regulations 2009 (S.I. No. 218 of 2009); revoked (17.10.2012) by Environmental Protection Agency (Advisory Committee) Regulations 2012 (S.I. No. 405 of 2012), reg. 9.

E123

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 subs. (2).

E124

Previous affecting provision: power pursuant to section exercised (1.06.2006) by Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006), in effect as per reg. 2; revoked (7.09.2011) by Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465 of 2011), reg. 14.

E125

Previous affecting provision: power pursuant to section exercised (15.05.2006) by Kyoto Protocol Flexible Mechanisms Regulations 2006 (S.I. No. 244 of 2006), in effect as per reg. 2; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(c), in effect as per reg. 2.

E126

Previous affecting provision: power pursuant to section exercised (3.04.2006) by Environmental Noise Regulations 2006 (S.I. No. 140 of 2006), in effect as per reg. 2; revoked (31.12.2018) by European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018), reg. 15, in effect as per reg. 1(2).

E127

Previous affecting provision: power pursuant to section exercised (13.12.2004) by Environmental Protection Agency (Advisory Committee) Regulations 2004 (S.I. No. 816 of 2004); revoked (10.06.2009) by Environmental Protection Agency (Advisory Committee) Regulations 2009 (S.I. No. 218 of 2009), reg. 9.

E128

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 subs. (2).

E129

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), in effect as per reg. 2.

E130

Previous affecting provision: power pursuant to section exercised (27.11.2003) by Large Combustion Plants Regulations 2003 (S.I. No. 644 of 2003), in effect as per reg. 1(2); revoked (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(a), in effect as per reg. 2.

E131

Previous affecting provision: power pursuant to section exercised (6.03.2003) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2003 (S.I. No. 91 of 2003); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

E132

Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.

E133

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

E134

Previous affecting provision: power pursuant to section exercised (24.01.2002) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2002 (S.I. No. 15 of 2002); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

E135

Previous affecting provision: power pursuant to section exercised (15.02.2000) by Environmental Protection Agency (Advisory Committee) Regulations 2000 (S.I. No. 48 of 2000); revoked (13.12.2004) by Environmental Protection Agency (Advisory Committee) Regulations 2004 (S.I. No. 816 of 2004), reg. 9.

E136

Previous affecting provision: power pursuant to section exercised (7.07.1999) by Environmental Protection Agency Act 1992 (Urban Waste Water Treatment) (Amendment) Regulations 1999 (S.I. No. 208 of 1999); revoked (14.06.2001) by Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001), reg. 11.

E137

Previous affecting provision: power pursuant to section exercised (15.02.1999) by Environmental Protection Agency Act 1992 (Ambient Air Quality Assessment and Management) Regulations 1999 (S.I. No. 33 of 1999), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(1), in effect as per reg. 2.

E138

Previous affecting provision: power pursuant to section exercised (12.02.1999) by Protection of Groundwater Regulations 1999 (S.I. No. 41 of 1999); revoked (22.12.2003) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 47, in effect as per reg. 47.

E139

Previous affecting provision: requirement for information on the environment held by public authorities to be made available provided (1.05.1998) by European Communities Act, 1972 (Access To Information on The Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), in effect as per reg. 2; revoked (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 2(2), in effect as per reg. 1(2).

E140

Previous affecting provision: power pursuant to section exercised (30.07.1997) by Genetically Modified Organisms (Amendment) Regulations 1997 (S.I. No. 332 of 1997), in effect as per reg. 2; rendered obsolete by revocation of Genetically Modified Organisms Regulations 1994 (S.I. No. 345 of 1994) (1.11.2003) by Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003), reg. 69, in effect as per reg. 2, subject to transitional provisions in reg. 11.

E141

Previous affecting provision: power pursuant to section exercised (1.04.1997) by Environmental Protection Agency Act, 1992 (Ozone) Regulations 1997 (S.I. No. 132 of 1997), in effect as per reg. 2; revoked (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), reg. 13, in effect as per reg. 2.

E142

Previous affecting provision: power pursuant to section exercised (2.12.1996) by Genetically Modified Organisms (Amendment) Regulations 1996 (S.I. No. 348 of 1996), in effect as per reg. 2; revoked (15.03.2001) by Genetically Modified Organisms (Contained Use) Regulations 2001 (S.I. No. 73 of 2001), reg. 58(2), in effect as per reg. 2.

E143

Previous affecting provision: power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1996 (S.I. No. 79 of 1996), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.

E144

Previous affecting provision: power pursuant to section exercised (2.08.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996); 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).

E145

Previous affecting provision: power pursuant to section exercised (31.07.1996) by Environmental Protection Agency (Advisory Committee) Regulations 1996 (S.I. No. 229 of 1996); revoked (15.02.2000) by Environmental Protection Agency (Advisory Committee) Regulations 2000 (S.I. No. 48 of 2000), reg. 9.

E146

Previous affecting provision: power pursuant to section exercised (22.07.1996) by Access to Information on the Environment Regulations 1996 (S.I. No. 185 of 1996), in effect as per reg. 2; revoked (1.05.1998) by European Communities Act, 1972 (Access To Information on The Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 3(1), in effect as per reg. 2, subject to transitional provision in reg. 3(2).

E147

Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), 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 subs. (2).

E148

Previous affecting provision: power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1995 (S.I. No. 59 of 1995), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.

E149

Previous affecting provision: power pursuant to section exercised (1.01.1995) by Genetically Modified Organisms Regulations 1994 (S.I. No. 345 of 1994), in effect as per reg. 2; revoked (1.11.2003) by Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003), reg. 69, in effect as per reg. 2, subject to transitional provision in reg. 11.

E150

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 provisions in reg. 42(2).

E151

Previous affecting provision: power pursuant to section exercised (20.05.1993) by Access To Information on The Environment Regulations 1993 (S.I. No. 133 of 1993); revoked (22.07.1996) by Access To Information on The Environment Regulations 1996 (S.I. No. 185 of 1996), reg. 3(1), in effect as per reg. 2, subject to transitional provisions in reg. 3(2).

E152

Previous affecting provision: power pursuant to section exercised (17.02.1993) by Environmental Protection Agency (Advisory Committee) Regulations 1993 (S.I. No. 43 of 1993); revoked (31.07.1996) by Environmental Protection Agency (Advisory Committee) Regulations 1996 (S.I. No. 229 of 1996), reg. 9.

E153

Previous affecting provision: power pursuant to section exercised (29.07.1992) by Environmental Protection Agency (Selection Procedures) Regulations 1992 (S.I. No. 215 of 1992); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

Section 7

Orders.

7

7.(1) The Minister may, by order, revoke or amend any order made by him under this Act, other than an order under section 2, 19 (2) or 32 (1).

(2) F27[In addition to and not in substitution for the power conferred by section 3B, the Minister may], by order, after consultation with the Agency, revoke or amend the First Schedule or the Second Schedule.

(3) Where it is proposed to make an order under subsection (2) or under section 21 (6) (a), 100, 101 or 102 a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(4) Every order made under this Act, other than an order made under subsection (2) or (3), shall be laid before each House of the Oireachtas as soon as may be after it is made.

Annotations

Amendments:

F27

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 9, S.I. No. 393 of 2004.

Editorial Notes:

E154

Power pursuant to section exercised (30.06.2006) by Environmental Protection Agency Act 1992 (Established Activities) (Amendment) Order 2006 (S.I. No. 321 of 2006), in effect as per art 2.

E155

Power pursuant to section exercised (1.06.2006) by Environmental Protection Agency Act 1992 (Established Activities) Order 2006 (S.I. No. 279 of 2006), in effect as per art. 2.

E156

Power pursuant to section exercised (8.12.1998) by Environmental Protection Agency Act 1992 (Established Activities) Order 1998 (S.I. No. 460 of 1998), in effect as per art. 2.

E157

Power pursuant to section exercised (14.04.1997) by Environmental Protection Agency Act 1992 (Established Activities) Order 1997 (S.I. No. 140 of 1997), in effect as per art. 2.

E158

Power pursuant to section exercised (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), in effect as per art. 2.

E159

Power pursuant to section exercised (16.04.1996) by Environmental Protection Agency Act 1992 (Established Activities) Order 1996 (S.I. No. 78 of 1996), in effect as per art. 2.

E160

Power pursuant to section exercised (1.12.1995) by Environmental Protection Agency Act 1992 (Established Activities) (No. 2) Order 1995 (S.I. No. 204 of 1995), in effect as per art. 2.

E161

Power pursuant to section exercised (3.04.1995) by Environmental Protection Agency Act 1992 (Established Activities) Order 1995 (S.I. No. 58 of 1995), in effect as per art. 2.

E162

Power pursuant to section exercised (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), in effect as per art. 2.

E163

Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency Act 1992 (Established Activities) Order 1994 (S.I. No. 83 of 1994), in effect as per art. 2.

Section 8

Offences.

8

8.(1) Any person who contravenes any provision of this Act or of any regulation made under this Act or of any order made under this Act or of any notice served under this Act shall be guilty of an offence.

(2) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence.

(3) In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal, or a failure, to comply with that provision.

Section 9

Penalties.

9

9.(1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding F28[3,000], or to imprisonment for any term not exceeding twelve 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 F29[15,000,000] or to imprisonment for a term not exceeding ten years or, at the discretion of the court, to both such fine and such imprisonment.

(2) In imposing any penalty under subsection (1) the court shall, in particular, have regard to the risk or extent of damage to the environment F30[, and any remediation required,] arising from the act or omission constituting the offence.

(3) Where a person, after conviction of an offence under this Act, continues to contravene the provision, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable to a fine, on summary conviction, not exceeding F31[1,000] or, on conviction on indictment, not exceeding F31[130,000].

Annotations

Amendments:

F28

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(a), S.I. No. 498 of 2003.

F29

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(b), S.I. No. 498 of 2003.

F30

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(c), S.I. No. 498 of 2003.

F31

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(d), S.I. No. 498 of 2003.

Editorial Notes:

E164

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.

E165

A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.

Section 10

Payment of certain fines to Agency.

10

10.Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, prosecuted by the Agency, it shall, on the application of the Agency (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency and such payment may be enforced by the Agency, as if it were due to it on foot of a decree or order made by the court in civil proceedings.

Section 11

Prosecution of offences.

11

11.(1) An offence under this Act may be prosecuted summarily by the Agency.

(2) Notwithstanding subsection (1), the Minister may, by regulations, provide that an offence under this Act, specified in the regulations, may be prosecuted summarily by such person (including the Minister) as may be so specified.

(3) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced—

(a) at any time within twelve months from the date on which the offence was committed, or

(b) at any time within six months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person's knowledge,

whichever is the later: provided that no such proceedings shall be initiated later than five years from the date on which the offence concerned was committed.

(4) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence relating to the offence came to his knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

Annotations

Editorial Notes:

E166

Power pursuant to section exercised (12.02.2004) by Genetically Modified Organisms (Transboundary Movement) Regulations 2004 (S.I. No. 54 of 2004), in effect as per reg. 2.

E167

Power pursuant to section exercised (1.10.1997) by Environmental Protection Agency Act, 1992 (Control of Volatile Organic Compound Emissions Resulting from Petrol Storage and Distribution) Regulations 1997 (S.I. No. 374 of 1997), in effect as per reg. 2.

E168

Power pursuant to section exercised (1.07.1994) by Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (S.I. No. 179 of 1994), in effect as per reg. 2.

Section 12

Cost of prosecutions.

12

12.Where a person is convicted of an offence under this Act committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers.

Section 13

Powers of authorised person.

13

13.(1) An authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter any premises and to bring therein such other persons (including members of the Garda Síochána) or equipment as he may consider necessary for the purpose.

(2) Subject to subsection (6), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry.

(3) Every authorised person shall be furnished with a certificate of his appointment and, when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4) Whenever an authorised person enters any premises pursuant to this section, he may therein—

(a) make such plans, take such photographs F32[, record such information on data loggers, make such tape, electrical, video or other recordings] and carry out such inspections,

(b) make such tests F33[, make such copies of documents and records (including records held in electronic form) found therein and take such samples],

(c) require from the occupier of the premises or any person employed on the premises or from any other person on the premises F34[such information,]

(d) inspect such plant, vehicles, records F35[(including records held in electronic form) and documents, or]

F36[(e) remove and retain such documents and records (including records held in electronic form) for such period as may be reasonable for further examination,]

as he, having regard to all the circumstances, considers necessary for the purposes of, and exercising any power conferred on him by or under, this Act.

(5) Any person who—

(a) refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section,

(b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him by this section,

(c) gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or

(d) fails or refuses to comply with any requirement of this section,

shall be guilty of an offence.

(6) Where an authorised person in the exercise of his powers under this section is prevented from entering any premises, or where he has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he was appointed may apply to the District Court for a warrant authorising such entry.

(7) The Minister may make regulations for the purposes of this section.

(8) Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters—

(a) the taking of samples and the carrying out of tests, examinations and analyses,

(b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses, or

(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.

(9) Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

Annotations

Amendments:

F32

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(a), S.I. No. 498 of 2003.

F33

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(b), S.I. No. 498 of 2003.

F34

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(c), S.I. No. 498 of 2003.

F35

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(d), S.I. No. 498 of 2003.

F36

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(e), S.I. No. 498 of 2003.

Editorial Notes:

E169

Power pursuant to section exercised (1.10.1997) by Environmental Protection Agency Act, 1992 (Control of Volatile Organic Compound Emissions Resulting from Petrol Storage and Distribution) Regulations 1997 (S.I. No. 374 of 1997), in effect as per reg. 2.

Section 14

Service of notices.

14

14.(1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—

(a) by addressing it to him by name and delivering it to him,

(b) by leaving it at the address at which he ordinarily resides,

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,

(d) if an address for the service of notices has been furnished by him, by leaving it at, or sending it by prepaid registered post addressed to him to, that address, F37[]

(e) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any premises, process, works or development, by delivering it to a person over the age of 16 years employed thereon or resident in the premises, or by affixing it in a conspicuous position on or near the premises, process, works or F38[development, or]

F39[(f) by such other means as may be prescribed.]

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not at any time during the period of three months after a notice is affixed under subsection (1) (e) remove, damage or deface the notice without lawful authority.

Annotations

Amendments:

F37

Deleted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 12(a), S.I. No. 498 of 2003.

F38

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 12(b), S.I. No. 498 of 2003.

F39

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 12(c), S.I. No. 498 of 2003.

Section 15

Immunity of Agency.

15

15.No action or other proceedings shall lie or be maintainable against the Agency or any body referred to in section 44 or 45 for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions conferred on the said Agency or body.

Section 16

Indemnification of Director General, directors and other persons.

16

16.Where the Agency is satisfied that the Director General or other director or F40[authorised person or inspector] F41[of the Agency], or any other employee of the Agency has discharged his duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, it shall indemnify the Director General or other director or F40[authorised person or inspector] of the Agency or any other employee of the Agency, against all actions or claims howsoever arising in respect of the discharge by him of his duties.

Annotations

Amendments:

F40

Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 20(a), S.I. No. 354 of 2014.

F41

Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 20(b), S.I. No. 354 of 2014.

Section 17

Expenses of Minister.

17

17.The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Section 18

Amendment of Act of 1963 and Air Pollution Act, 1987.

18

18.(1) Section 51 of the Act of 1963 is hereby repealed.

(2) The Air Pollution Act, 1987, is hereby amended as provided for in the Third Schedule.

PART II

Environmental Protection Agency

Section 19

Establishment of Environmental Protection Agency.

19

19.(1) There shall be a body to be known as An Ghníomhaireacht um Chaomhnú Comhshaoil or, in the English language, the Environmental Protection Agency (in this Act referred to as the Agency) to perform the functions assigned to it by or under this Act.

(2) The Agency shall stand established on such day as the Minister by order appoints.

F42[(3) The Agency shall consist of a Director General and five other Directors.]

Annotations

Amendments:

F42

Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 21, S.I. No. 354 of 2014.

Editorial Notes:

E170

Power pursuant to section exercised (26.07.1993) by Environmental Protection Agency (Establishment) Order 1993 (S.I. No. 213 of 1993).

Section 20

Incorporation of Agency.

20

20.(1) The Agency shall be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(2) The Agency shall provide itself with a seal.

(3) The seal of the Agency shall be authenticated by the signature of the Director General or of some other director or of a person, being an employee of the Agency or a person whose services are availed of by, or supplied to, the Agency under section 44, authorised by the Agency to act in that behalf.

(4) Judicial notice shall be taken of the seal of the Agency and every document purporting to be an instrument made by the Agency and to be sealed with the seal (purporting to be authenticated in accordance with subsection (3)) of the Agency shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

Section 21

Director General.

21

21.(1) The Director General shall be appointed by the Government.

(2) A committee shall be established consisting of—

(a) the Secretary to the Government,

(b) the Secretary of the Department of the Environment,

(c) the Chairperson of the Council of An Taisce—the National Trust for Ireland,

(d) the Managing Director of the Industrial Development Authority,

(e) the General Secretary of the Irish Congress of Trade Unions, and

(f) the Chief Executive of the Council for the Status of Women.

F43[(g) such person having relevant experience in relation to radiological protection as the Minister shall appoint.]

(3) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and—

(a) any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee, or

(b) any of the persons aforesaid is through ill-health or otherwise unable so to act for any period,

the Minister may appoint in the case of—

(i) the Secretary of the Government, some other officer of the Taoiseach who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956,

(ii) the Secretary of the Department of the Environment, some other officer of the Minister for the Environment, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956,

(iii) in any other case, some other person from the organisation or body referred to in subsection (2) to which the person referred to at paragraph (a) or (b) belongs,

to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(4) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and at the time of making the request any of the offices specified in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(5) Where pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil.

(6) F44[]

(7) (a) The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the Director General and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected.

(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the Director General.

(8) Except in the case of a reappointment under subsection (13), the Government shall not appoint a person to be the Director General unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (7) in relation to that appointment.

(9) Notwithstanding subsection (7) or (8), if the Government decide not to appoint to be the Director General any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request—

(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(10) Notwithstanding subsection (7) or (8), if the committee is unable to select any suitable candidate pursuant to a particular request—

(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(11) The Minister may make regulations as regards—

(a) the publication of notice that a request has been received by the committee under subsection (7), (9) or (10),

(b) applications for selection,

(c) any other matter which the Minister considers expedient for the purposes of this section.

(12) The Director General shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(13) Subject to the provisions of this section—

(a) the term of office of the Director General shall be seven years,

(b) the Director General may be reappointed by the Government for a second or subsequent term of office of seven years or less if, at the time of his reappointment, he is the outgoing Director General.

(14) (a) The Director General may resign his office by letter addressed to the Minister.

F45[(b) The Director General shall vacate Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(15) (a) The Director General shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister,with the consent of the Minister for Finance, may determine.

(b) Subject to the provisions of this section, the Director General shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine.

(16) The Director General may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions and, in case the Director General is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

Annotations

Amendments:

F43

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 22(a), S.I. No. 354 of 2014.

F44

Deleted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 22(b), S.I. No. 354 of 2014.

F45

Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), ss. 2(7), 11(2) and sch. 2 part 3, as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 7 and sch., commenced on enactment.

Editorial Notes:

E171

Power pursuant to subs. (11) exercised (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004).

E172

Previous affecting provision: subs. (14)(b) substituted (1.01.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 59(a), S.I. No. 574 of 2012; substituted as per F-note above.

E173

Previous affecting provision: subs. (14)(b) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted as per E-note above.

E174

Previous affecting provision: power pursuant to subs. (11) exercised (6.03.2003) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2003 (S.I. No. 91 of 2003); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004, reg. 2.

E175

Previous affecting provision: power pursuant to subs. (11) exercised (24.01.2002) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2002 (S.I. No. 15 of 2002); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

E176

Previous affecting provision: power pursuant to subs. (11) exercised (29.07.1992) by Environmental Protection Agency (Selection Procedures) Regulations 1992 (S.I. No. 215 of 1992); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

Section 22

Deputy Director General.

22

22.(1) The Agency shall appoint from among the directors a person to be Deputy Director General of the Agency and such appointment shall be for such period, not exceeding the current term of his office of director, as shall be specified in the appointment.

(2) If at any time the Deputy Director General ceases to be a director, he shall also cease to be Deputy Director General·

(3) The Deputy Director General may, in addition to his remuneration as a director, be paid such additional remuneration (if any) as the Minister, with the consent of the Minister for Finance, may determine.

(4) The Deputy Director General may resign his office by letter addressed to the Agency.

Section 23

General functions of Director General and Deputy Director General.

23

23.It shall be the function of the Director General or, where he is not available or where the office of Director General is vacant, of the Deputy Director General—

(a) to ensure the efficient discharge of the business of the Agency, and

(b) to arrange the distribution of the business of the Agency among its directors.

Section 24

Directors.

24

24.(1) The directors of the Agency shall be appointed by the Government.

(2) The Minister may, after consultation with the Director General (where a Director General is in office) or the Deputy Director General (where a Deputy Director General is in office) if there is no Director General in office, by order specify qualifications for all posts, or any particular post, of director.

(3) (a) Where a director is to be appointed pursuant to subsection (1), the committee provided for in section 21 shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the director and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected.

(b) In selecting candidates the committee shall have regard to the special knowledge and experience, including relevant experience in environmental matters F46[or radiological protection matters], and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the director.

(4) Except in the case of a reappointment under subsection (9), the Government shall not appoint a person to be a director unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (3) in relation to that appointment.

(5) Notwithstanding subsection (3) or (4), if the Government decide not to appoint to be a director any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request—

(a) the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(6) Notwithstanding subsection (3) or (4), if the Committee is unable to select any suitable candidate pursuant to a particular request—

(a) the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(7) The Minister may make regulations as regards—

(a) the publication of notice that a request has been received by the committee under subsection (3) or (5),

(b) applications for selection,

(c) any other matter which the Minister considers expedient for the purposes of this section.

(8) Each director shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(9) Subject to the provisions of this section—

(a) a director shall hold office for such term (not exceeding five years) as shall be specified by the Government when appointing him,

(b) a director may be reappointed by the Government for a second or subsequent term of office for five years or less if at the time of his reappointment he is an outgoing director.

(10) (a) A director may resign his office by letter addressed to the Minister.

F47[(b) A director shall vacate his office of director on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(11) (a) A director shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

(b) Subject to the provisions of this section, each director shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine.

(12) A director may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions, and in case a director is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

Annotations

Amendments:

F46

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 23, S.I. No. 354 of 2014.

F47

Substituted by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), ss. 2(7), 11(2) and sch. 2 part 3, as inserted (26.12.2018) by Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), s. 7 and sch., commenced on enactment.

Editorial Notes:

E177

Power pursuant to subs. (7) exercised (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004).

E178

Previous affecting provision: application of section restricted (30.07.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 14(1), (3), S.I. No. 354 of 2014; transitional arrangement expired not later than 30.04.2016.

E179

Previous affecting provision: subs. (10)(b) substituted (1.01.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 59(a), S.I. No. 574 of 2012; substituted as per F-note above.

E180

Previous affecting provision: subs. (10)(b) amended (25.03.2004) by Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 3 and sch. 2 part 2, commenced on enactment; substituted as per E-note above.

E181

Previous affecting provision: power pursuant to subs. (7) exercised (6.03.2003) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2003 (S.I. No. 91 of 2003); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

E182

Previous affecting provision: power pursuant to subs. (7) exercised (24.01.2002) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2002 (S.I. No. 15 of 2002); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

E183

Previous affecting provision: power pursuant to subs. (7) exercised (29.07.1992) by Environmental Protection Agency (Selection Procedures) Regulations 1992 (S.I. No. 215 of 1992); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.

Section 25

Meetings and procedure of Agency.

25

25.(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Director General and each director shall have one vote at a meeting of the Agency.

(3) At a meeting of the Agency—

(a) the Director General shall, if present, chair the meeting,

(b) if and for so long as the Director General is not present, or if the office of Director General is vacant, the Deputy Director General shall, if present, chair the meeting,

(c) in any other case, the directors who are present shall choose one of their number to chair the meeting.

(4) Every question at a meeting of the Agency shall be determined by a majority of votes of the directors present and, in the event that voting is equally divided and there are more than two directors present, the person chairing the meeting shall have a casting vote.

(5) Subject to the requirements of this Act and any regulations made thereunder the Agency shall regulate its own procedure and business.

(6) (a) Subject to paragraph (b), the Agency may perform or exercise any of its functions through or by any director of the Agency or other person or body who, in either case, has been duly authorised by the Agency in that behalf.

(b) Paragraph (a) shall not be construed as enabling the Agency to authorise a person who is not a director of the Agency finally to determine a decision on the granting, whether with or without conditions, or a refusal, of a licence or revised licence F48[(other than a licence or revised licence under section 30 of the Radiological Protection Act 1991 or under regulations relating to radiological protection made under section 3 of the European Communities Act 1972)] or on any prescribed matter.

Annotations

Amendments:

F48

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 24, S.I. No. 354 of 2014.

Section 26

Agency's quorum, vacancies, etc.

26

26.(1) The quorum for a meeting of the Agency shall be not less than two.

(2) Subject to subsection (1), the Agency may act notwithstanding a vacancy or vacancies in the office of Director General or among the directors.

(3) Where a vacancy occurs in the office of Director General, or among the directors, the Minister shall, as soon as may be, take steps to fill the vacancy.

(4) (a) Where, owing to the illness of the Director General or of a director, or for any other reason, a sufficient number of directors of the Agency is not available to enable the Agency effectively to perform its functions, the Minister may, as an interim measure, appoint from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956, one or more persons to be a director and, where necessary, one to be Deputy Director General.

(b) A person shall not be appointed to be a director or Deputy Director General under this subsection for a term in excess of six months and may not be reappointed on more than three occasions.

Section 27

Advisory Committee.

27

27.(1) There shall be a committee (hereinafter called the Advisory Committee) to perform the functions assigned to it by or under this Act.

(2) The number of members of the Advisory Committee shall, subject to subsection (11), be twelve.

(3) (a) The Director General, or the Deputy Director General if and for so long as the Director General is not present or if the office of the Director General is vacant, shall, ex officio, be a member and shall chair the meetings of the Advisory Committee.

(b) In the event of the offices of Director General and Deputy Director General being vacant the Minister shall designate one of the other directors of the Agency to be a member of the Advisory Committee and to chair its meetings until either the Director General or the Deputy Director General is appointed.

(4) The directors other than the Director General shall be entitled to attend and be heard at meetings of the Advisory Committee but shall not be eligible to vote.

(5) The Minister may prescribe for the purposes of subsection (6)

(a) organisations which in his opinion are representative of persons whose professions or occupations relate to environmental protection F49[or radiological protection],

(b) organisations which in his opinion are concerned with environmental protection F50[or radiological protection],

(c) organisations which in his opinion are concerned with the promotion of economic or other development,

(d) organisations which in his opinion are concerned with the promotion in relation to the community of social, economic or general interests,

(e) organisations which in his opinion are representative of persons concerned with F51[education or research relating to environmental matters or radiological protection].

(6) The members of the Advisory Committee shall be appointed by the Minister as follows—

(a) not less than one shall be so appointed from among persons selected by the organisations which for the time being stand prescribed under a particular paragraph of subsection (5), subject to seven persons being appointed in all,

(b) four other members shall be appointed by the Minister.

(7) The organisations prescribed under a particular paragraph of subsection (5) shall, whenever so requested by the Minister, select such number (not being less than four) of candidates as the Minister may specify for appointment and shall inform the Minister of the names of the candidates selected.

(8) Except in the case of an appointment pursuant to subsection (6) (b) and subject to subsection (10), the Minister shall not appoint a person to be a member of the Advisory Committee unless the person was among those selected pursuant to a request under subsection (7) in relation to that appointment.

(9) Notwithstanding subsection (7) or (8)

(a) if the appropriate organisations prescribed under a particular paragraph of subsection (5) refuse or fail to select any candidate pursuant to a particular request under subsection (7), or

(b) if the Minister decides not to appoint as a member any of the candidates selected by such organisations pursuant to the request,

then either—

(i) the Minister shall appoint as a member a person who was among those selected by such organisations pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii) the Minister shall make a further such request and he shall appoint as a member a person who was among those selected pursuant to that request or pursuant to another such request made in relation to that appointment.

(10) Where a request is made pursuant to subsection (7), failure or refusal by any or all of the organisations of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by any of the aforesaid organisations or by any other organisation.

(11) The Advisory Committee may act notwithstanding vacancies in its membership.

(12) A member of the Advisory Committee shall be appointed for such term (not exceeding three years) as shall be specified by the Minister when appointing him (on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines) and a member whose term of office expires by the effluxion of time shall be eligible for reappointment.

(13) A member of the Advisory Committee shall be paid, out of moneys at the disposal of the Agency, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(14) The Advisory Committee may regulate, by standing orders or otherwise, its procedure or business.

(15) The Minister may fix the date, time and place of the first meeting of the Advisory Committee.

(16) The Minister may make regulations as regards—

(a) the period within which the Minister is to be informed in accordance with subsection (7),

(b) any other matter which the Minister considers expedient for the purposes of this section.

(17) (a) A member of the Advisory Committee may resign from office by letter addressed to the Minister.

(b) The Minister may remove from office a member of the Advisory Committee if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or for stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Advisory Committee of its functions.

Annotations

Amendments:

F49

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 25(a), S.I. No. 354 of 2014.

F50

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 25(b), S.I. No. 354 of 2014.

F51

Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 25(c), S.I. No. 354 of 2014.

Modifications (not altering text):

C11

Functions under subss. (12), (13) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, 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 performance 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 the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 1992

Environmental Protection Agency Act 1992

Sections 27(12) and (13), 41(5), 46, 50(1) and (2), 99(1) and 99A(3)

...

...

...

Editorial Notes:

E184

Power pursuant to subss. (5), (16) exercised (16.12.2015) by Environmental Protection Agency (Advisory Committee) Regulations 2015 (S.I. No. 613 of 2015).

E185

Previous affecting provision: power pursuant to subss. (5), (16) exercised (17.10.2012) by Environmental Protection Agency (Advisory Committee) Regulations 2012 (S.I. No. 405 of 2012); revoked (16.12.2015) by Environmental Protection Agency (Advisory Committee) Regulations 2015 (S.I. No. 613 of 2015), reg. 9.

E186

Previous affecting provision: power pursuant to subss. (5), (16) exercised (10.06.2009) by Environmental Protection Agency (Advisory Committee) Regulations 2009 (S.I. No. 218 of 2009); revoked (17.10.2012) by Environmental Protection Agency (Advisory Committee) Regulations 2012 (S.I. No. 405 of 2012), reg. 9.

E187

Previous affecting provision: power pursuant to subss. (5), (16) exercised (13.12.2004) by Environmental Protection Agency (Advisory Committee) Regulations 2004 (S.I. No. 816 of 2004); revoked (10.06.2009) by Environmental Protection Agency (Advisory Committee) Regulations 2009 (S.I. No. 218 of 2009), reg. 9.

E188

Previous affecting provision: power pursuant to subss. (5), (16) exercised (15.02.2000) by Environmental Protection Agency (Advisory Committee) Regulations 2000 (S.I. No. 48 of 2000); revoked (13.12.2004) by Environmental Protection Agency (Advisory Committee) Regulations 2004 (S.I. No. 816 of 2004), reg. 9.

E189

Previous affecting provision: power pursuant to subss. (5), (16) exercised (31.07.1996) by Environmental Protection Agency (Advisory Committee) Regulations 1996 (S.I. No. 229 of 1996); revoked (15.02.2000) by Environmental Protection Agency (Advisory Committee) Regulations 2000 (S.I. No. 48 of 2000), reg. 9.

E190

Previous affecting provision: power pursuant to subss. (5), (16) exercised (17.02.1993) by Environmental Protection Agency (Advisory Committee) Regulations 1993 (S.I. No. 43 of 1993); revoked (31.07.1996) by Environmental Protection Agency (Advisory Committee) Regulations 1996 (S.I. No. 229 of 1996), reg. 9.

Section 28

Functions of Advisory Committee.

28

28.(1) (a) It shall be the duty of the Advisory Committee to make recommendations to the Agency or to the Minister relating to the functions of the Agency.

(b) The Agency or the Minister, as may be appropriate, shall have regard to any recommendations made by the Advisory Committee.

(2) Without prejudice to the generality of subsection (1), the Advisory Committee may make recommendations—

(a) to the Agency in relation to—

(i) general staff requirements of the Agency but excluding decisions in relation to particular posts, individual employees, pay, grading and conditions,

(ii) the provision of services, including laboratory facilities, required by the Agency,

(iii) the provision of services, including laboratory facilities, by the Agency,

(iv) standards, guidelines and codes of practice in relation to environmental protection F52[or radiological protection],

(v) the research programme of the Agency, its financing and priorities,

(vi) the annual work programme of the Agency and priorities for different elements of the work programme,

(vii) the organisation and promotion of training conferences and related matters for the purposes of environmental protection F53[or radiological protection],

(viii) any other matters related to the functions of the Agency,

(b) to the Minister in relation to—

(i) the assignment of specific functions to the Agency,

(ii) the financing of the Agency,

(iii) the activities or classes of activities for which the Agency should have licensing functions under Part IV,

(iv) the assignment to the Agency of responsibility for specific environmental matters F54[or matters relating to radiological protection],

(v) any other matter which, in the opinion of the Advisory Committee, is relevant to the effective performance by the Agency of its functions.

(3) The Minister may consult the Advisory Committee on any matter arising in relation to his functions with respect to environmental protection F55[or radiological protection].

(4) The Advisory Committee shall be entitled to be informed at its meetings by the Director General, or a person appointed by him for the purpose, about the work of the Agency but (subject to section 110) not in relation to the detail of particular cases, and provided always that disclosure of such information shall not be in breach of section 39.

(5) Subject to section 110, the Advisory Committee shall not as of right be entitled—

(a) to receive specific information in relation to the processing of an application for, or the review of, an individual licence or revised licence under Part IV, or

(b) to have any recommendations regarding such a licence taken into account.

Annotations

Amendments:

F52

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 26(a)(i), S.I. No. 354 of 2014.

F53

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 26(a)(ii), S.I. No. 354 of 2014.

F54

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 26(a)(iii), S.I. No. 354 of 2014.

F55

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 26(b), S.I. No. 354 of 2014.

Section 29

Staff of the Agency.

29

29.(1) The Agency may appoint such persons to be employees of the Agency as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading.

(2) (a) An employee of the Agency shall be paid, out of moneys at the disposal of the Agency, such remuneration and allowances for expenses as the Agency, with the consent of the Minister and the Minister for Finance, may determine.

(b) An employee of the Agency referred to in paragraph (a) shall hold his employment on such other terms (including terms specifying the duration of such employment) and conditions as the Agency, with the consent of the Minister and the Minister for Finance, may determine.

Section 30

Transfer of staff of public authorities.

30

30.(1) The Minister may, from time to time, following consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned, request a public authority to designate for employment by the Agency employees of that authority whose principal duties relate to a function assigned or transferred to the Agency under this Act, or to be so assigned or transferred to the Agency, and the authority shall comply with such request.

(2) A public authority may, with the consent of the Minister who shall consult with the Agency on the matter, designate for employment by the Agency any person employed by the public authority.

(3) A public authority shall not designate an employee under subsection (1) or (2), without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intention to do so and considered any representations made by him, or by them or by any of them, in relation to the matter within such time as may be specified in the notification.

(4) The Agency shall, with the consent of the Minister who shall consult with the Agency on the matter, accept into its employment a person designated under subsection (1) or (2) for employment by the Agency.

(5) Acceptance into the employment of the Agency of a person designated under this section shall have effect on such day as may be specified by the Minister after consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned.

Section 31

Conditions related to transfer of staff.

31

31.(1) The terms and conditions relating to tenure which are granted by the Agency in relation to a person accepted into its employment under section 30 or 32 shall not, while the person is in the employment of the Agency, be less favourable to him than those prevailing immediately before his acceptance into such employment save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned; and if a dispute arises between the Agency and any such person as to terms and conditions prevailing immediately before his acceptance into the employment of the Agency, the matter shall be determined by the Minister for Finance, after consultation with the Minister.

(2) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (1) shall not, while in the employment of the Agency, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure) to which he was subject immediately before the day on which he was so accepted.

(3) Until such time as the scale of pay and the terms and conditions of service (other than those relating to tenure) of a person referred to in subsection (1) are varied by the Agency, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which such a person was entitled and the terms and conditions of service (other than those relating to tenure), restrictions, requirements and obligations to which the person was subject immediately before such acceptance shall continue to apply and may be applied or imposed by the Agency, while the person is in the employment of the Agency; no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to an employee immediately before he was accepted into the employment of the Agency, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(4) Previous service of any person in a public authority from which he was accepted into the employment of the Agency under section 30 or 32 shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 and 1991.

Section 32

Dissolution of An Foras Forbartha Teoranta.

32

32.(1) The National Institute for Physical Planning and Construction Research Limited (An Foras Forbartha Teoranta) shall, on such date as may be specified by order of the Minister, made with the consent of the Minister for Finance, be dissolved by virtue of this section.

(2) An order under subsection (1) may provide for any consequential or ancillary matter or any other matter which the Minister considers necessary or expedient including, in particular—

(a) the transfer of staff of An Foras Forbartha Teoranta to the Agency,

(b) the transfer or distribution of property, rights and liabilities to the Agency, the Environmental Research Unit established under the Environmental Research Unit (Establishment) Order, 1988, the Minister, or any other public authority specified in the order,

(c) the preservation of continuing contracts related to environmental protection made by An Foras Forbartha Teoranta,

(d) the continuance of pending legal proceedings,

(e) the superannuation of former staff of An Foras Forbartha Teoranta.

(3) The Minister shall not make an order under subsection (2) (a) without having notified in writing any recognised trade unions or staff associations concerned of his intention to do so and considered any representations made by them or by any of them in relation to the matter within such time as may be specified in the notification.

(4) The Agency shall accept into its employment in accordance with the terms of this Act a person who is transferred under subsection (2) (a).

Annotations

Editorial Notes:

E191

Power pursuant to section exercised (1.08.1993) by Environmental Protection Agency Act, 1992 (Dissolution of an Foras Forbartha Teoranta) Order 1993 (S.I. No. 215 of 1993).

Section 33

Superannuation of Director General and directors.

33

33.(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities or other allowances to or in respect of the Director General and other directors ceasing to hold office.

(2) A scheme under this section may provide that the termination of the appointment of the Director General or of a director during that person's term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.

(3) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.

(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity, or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance whose decision shall be final.

(5) A scheme under this section shall be carried out by the Agency in accordance with its terms.

(6) No pension, gratuity or other allowance shall be granted by the Agency to or in respect of any person referred to in subsection (1) ceasing to hold office otherwise than in accordance with a scheme under this section.

(7) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E192

Any scheme established under section excluded from application of Pensions Act 1990 (25/1990), Part IV (31.12.1993) by Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993), reg. 6 and sch. C part 1, in effect as per reg. 1(2). Note that sch. C is periodically substituted to include additional schemes.

Section 34

Superannuation of staff of Agency.

34

34.(1) The Agency may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of such persons appointed under section 29 to, or accepted under section 30 or 32 into, wholetime employment of the Agency.

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) The Agency may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final.

(5) No superannuation benefit shall be granted by the Agency on the resignation, retirement or death of an employee of the Agency otherwise than in accordance with a scheme under this section.

(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) A scheme or schemes under subsection (1) shall, as respects a person accepted into wholetime employment of the Agency under section 30 or 32, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so accepted into the employment of the Agency in relation to the grant of such benefits.

(8) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person accepted into wholetime employment of the Agency under section 30 or 32, in respect of his employment with the public authority concerned, the superannuation benefits shall be granted and paid to or in respect of the person by the Agency and, for that purpose, his pensionable service with the Agency shall be aggregated with his previous pensionable service.

(9) In this section and in sections 35 and 36superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

Section 35

Membership of House of Oireachtas or European Parliament.

35

35.(1) Where the Director General or other director of the Agency—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be the Director General or a director of the Agency, as the case may be.

(2) Where a person who is an employee of the Agency—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period commencing on such acceptance, nomination or election, as the case may be, and ending when he fails to be elected to, withdraws his candidature for, or ceases to be a member of, either such House or such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming the Director General or a director of the Agency or an employee of the Agency.

(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits.

Section 36

Membership of a local authority.

36

36.(1) Where the Director General or other director of the Agency becomes a member of a local authority he shall thereupon cease to be the Director General or a director of the Agency, as the case may be.

(2) Subject to subsection (4), where a person who is an employee of the Agency becomes a member of a local authority, he shall be released on special leave and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period of his membership of the local authority.

(3) A person who is for the time being a member of a local authority shall be disqualified from becoming the Director General or a director of the Agency or an employee of the Agency.

(4) The Minister may by order designate a class, description or grade of employment to which the provisions of subsection (2) or (3) shall not apply while such order is in force.

(5) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits.

(6) In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941.

Annotations

Editorial Notes:

E193

Power pursuant to subs. (4) exercised (18.07.1994) by Environmental Protection Agency Act 1992 (Section 36(4)) Order 1994 (S.I. No. 204 of 1994), in effect as per art. 2.

Section 37

Declaration of interests.

37

37.(1) It shall be the duty of a person to whom this section applies to give to the Agency a declaration in the prescribed form, signed by him and containing particulars of every interest of his which is an interest to which this section applies and for so long as he continues to be a person to whom this section applies it shall be his duty where there is a change regarding any such interest or where he acquires any other interest to which this section applies, to give to the Agency a new declaration in the prescribed form.

(2) (a) This section applies to—

(i) the Director General or other director, and

(ii) an employee of the Agency or any other person whose services are availed of by the Agency and who is of a class, description or grade prescribed for the purposes of this section.

(b) This section applies to the following interests—

(i) any estate or interest which a person to whom this section applies has in any land or in any activity,

(ii) any business of dealing in or developing land, or any activity, in which such a person is engaged or employed and any such business carried on by a company or other body of which he, or any nominee of his, is a member,

(iii) any profession, business or occupation in which such a person is engaged, whether on his own behalf or otherwise, and which relates to dealing in or developing land or to an activity.

(3) A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if, and only if, he gives to the Agency a declaration mentioned in that subsection within the period of twenty-eight days beginning—

(a) in case the person is such a person on the commencement of this section, on such commencement,

(b) in case the person becomes such a person after the commencement of this section, on the day on which he becomes such a person,

(c) in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies, on the day on which the change occurs or the other such interest is acquired.

(4) For the purposes of this section, a person shall be regarded as having an estate or interest in land or an activity if he, or any nominee of his, is a member of a company or other body which has an estate or interest in the land or the activity.

(5) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Agency or in performing any function in relation to any such matter.

(6) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or by his nominee and the total nominal value of those shares does not exceed the lesser of—

(a) one thousand pounds, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he has an interest,

subsection (1) of this section shall not have effect in relation to that interest.

(7) The Agency shall for the purposes of this section keep a register (which register is in this section referred to as the register of interests) and shall enter therein the particulars contained in declarations given to the Agency pursuant to this section.

(8) The register of interests shall be available for inspection by any person at the Agency's headquarters during office hours and a copy of the register or any entry in the register may be obtained by any person on the payment to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making the copy.

(9) Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the Agency pursuant to this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the said register by the Agency.

(10) Subject to subsection (11), a person who fails to comply with subsection (1) or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or which to his knowledge are misleading in a material respect, shall be guilty of an offence.

(11) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he believed, in good faith and upon reasonable grounds, that—

(a) the relevant particulars were true,

(b) there was no matter as regards which he was then required to make a declaration under subsection (1), or

(c) that the matter in relation to which the offence is alleged was not one as regards which he was so required to make such declaration.

(12) In this section “land” includes land covered by water.

Annotations

Editorial Notes:

E194

Power pursuant to section exercised (18.07.1994) by Environmental Protection Agency Act 1992 (Declaration of Interests) Regulations 1994 (S.I. No. 205 of 1994), in effect as per art. 2.

Section 38

Disclosure of interests.

38

38.(1) Where the Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45, has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Agency, committee or consultative group or the person concerned, he shall comply with the following requirements—

(a) he shall disclose to the Agency, committee or consultative group, as the case may be, the nature of his interest in advance of any consideration of the matter,

(b) he shall neither influence nor seek to influence a decision in relation to the matter,

(c) he shall take no part in any consideration of the matter,

(d) if he is a director of the Agency, or a member of a committee or consultative group he shall withdraw from the meeting for so long as the matter is being discussed or considered by the Agency, committee or consultative group and shall not vote or otherwise act as such director or member in relation to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) he or any member of his household, or any nominee of his or of any member of his household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or any member of his household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) he or any member of his household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates,

(d) any member of his household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him to comply with the requirements of subsection (1), the question shall be determined by the Agency and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made to the Agency, a committee or consultative group pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

Section 39

Disclosure of confidential information.

39

39.(1) A person shall not disclose confidential information obtained by him in his capacity as Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency, or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45, unless he is duly authorised to do so.

(2) In this section—

confidential information”, without prejudice to the provisions of section 110, includes information that is expressed by the Agency to be confidential either as regards particular information or as regards information of a particular class or description;

duly authorised” means authorised by the Agency or by some person authorised in that behalf by the Agency for the purposes of this section.

Annotations

Modifications (not altering text):

C12

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records

41. (1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

(b) the non-disclosure of the record is authorised by any such enactment in certain circumstances and the case is one in which the head would, pursuant to the enactment, refuse to disclose the record.

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

...

No. 7 of 1992

Environmental Protection Agency Act 1992

Section 39

...

...

...

Section 40

Prohibition of certain communications.

40

40.(1) A person shall not communicate with the Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency, or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45, for the purpose of influencing improperly his consideration of any matter which falls to be considered or decided by the Agency, committee or consultative group.

(2) If any person referred to in subsection (1) to whom a communication is made becomes of opinion that the communication is in contravention of that subsection, it shall be his duty not to entertain the communication further and he shall inform forthwith the Agency in writing of the substance of such communication and the Agency shall acknowledge in writing the receipt of such information.

Section 41

Committees and consultative groups.

41

41.(1) The Agency may from time to time appoint such and so many committees and consultative groups for such period and subject to such terms of reference as it thinks proper.

(2) The Agency may, subject to section 25 (6), delegate to a committee appointed under this section any of its functions which, in its opinion, can be better or more conveniently performed by a committee.

(3) The Agency shall appoint a person to chair the meetings of a committee or consultative group under this section and a person to act in the absence of the person so appointed.

(4) The Agency may at any time dissolve a committee or consultative group appointed under this section or remove a member of a committee or consultative group from such membership.

(5) Each member of a committee or consultative group appointed under this section shall be paid, out of moneys at the disposal of the Agency, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(6) A committee or consultative group appointed under this section may regulate, by standing orders or otherwise, its procedure or business.

Annotations

Modifications (not altering text):

C13

Functions under subs. (5) transferred and references to “Minister” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, 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 performance 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 the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 1992

Environmental Protection Agency Act 1992

Sections 27(12) and (13), 41(5), 46, 50(1) and (2), 99(1) and 99A(3)

...

...

...

Section 42

Consultants and advisers.

42

42.(1) The Agency may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Agency out of moneys at its disposal.

(2) Any person may notify the Agency in writing of his willingness to be engaged by the Agency as a consultant or adviser pursuant to this section and such person when so notifying the Agency shall give to the Agency particulars of his qualifications and experience.

(3) The Agency shall maintain a list of the persons who duly give to the Agency a notification pursuant to subsection (2).

(4) The Agency shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3), but nothing in this subsection shall be construed as precluding the Agency from engaging as a consultant or adviser a person whose name is not on the said list.

(5) The Agency shall include in its annual report a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.

Section 43

Establishment of regional environmental units.

43

43.(1) The Agency shall establish such number of units (in this Act referred to as regional environmental units) as may be approved of by the Minister and shall, as far as is practicable, arrange for the performance of its functions, or particular functions, through such units.

(2) Each regional environmental unit shall comprise such number and types of employees and such facilities for the performance of its functions as the Agency considers necessary.

Section 44

Provision of services to Agency.

44

44.(1) For the purposes of enabling the Agency to perform its functions on and from the appropriate day, the Minister may, as an interim measure, supply to the Agency any services, including services of staff, required by the Agency and the Agency may avail of such services for which arrangements are made under this section.

(2) A local authority or any other public authority may supply to the Agency any services required by the Agency, including services of staff, for the performance of any of its functions under this Act on such terms and conditions as may be agreed.

Section 45

Agreements between Agency and other public authorities.

45

45.(1) Subject to section 25 (6), where—

(a) the Agency is of the opinion that any function or any service F56[relating to environmental protection] which may be exercised or performed by it should be exercised or performed on its behalf, whether generally or in a particular case, by a public authority, and

(b) the public authority is able and willing so to exercise or perform the function or service,

the Agency and the public authority may enter into an agreement that the function or service shall be so exercised or performed on behalf of the Agency by the public authority, and it shall thereupon become so exercisable or performable by the public authority.

(2) Where—

(a) consequent upon an agreement under subsection (1) a function or service becomes exercisable or performable by a public authority, and

(b) the Agency would, if it exercised or performed the function or service, be authorised by law to do any act or thing in relation to such exercise or performance,

the public authority shall be authorised to do that act or thing in relation to the exercise or performance by it of the function or service as if it were the Agency.

(3) The Agency shall furnish the Minister with a copy of an agreement to which this section applies.

(4) Any agreement under this section may contain such terms and conditions (including terms as to payment or otherwise) as may be decided between the parties to the agreement.

(5) Entry into an agreement under this section by a local authority shall be a reserved function.

(6) In this section—

local authority” has the meaning assigned to it by the Local Government Act, 1941;

reserved function” means—

(a) with respect to the council of a county (or an elective body for the purposes of the County Management Acts, 1940 to 1991) a reserved function for the purposes of the County Management Acts, 1940 to 1991,

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

Annotations

Amendments:

F56

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 27, S.I. No. 354 of 2014.

Section 46

Grants to Agency.

46

46.The Minister may in each financial year, after consultation with the Agency in relation to its proposed work programme and expenditure for that year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Agency in the performance of its functions.

Annotations

Modifications (not altering text):

C14

Functions transferred and references to “Minister” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, 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 performance 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 the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 1992

Environmental Protection Agency Act 1992

Sections 27(12) and (13), 41(5), 46, 50(1) and (2), 99(1) and 99A(3)

...

...

...

Section 47

Borrowing by Agency.

47

47.The Agency may, for the purposes of the performance of its functions, borrow money, but shall not do so without the consent of the Minister and the Minister for Finance.

Annotations

Modifications (not altering text):

C15

Certain functions under section transferred to Minister for Public Expenditure and Reform (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 9, 20 and sch. 2 part 1, S.I. No. 401 of 2011.

Transfer of certain other functions to Minister.

9.

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

...

Performance of certain functions transferred to Minister by section 9.

20.— (1) The Minister shall not perform a function transferred by subsection (2) of section 9 without the consent of the Minister for Finance.

...

SCHEDULE 2

Functions Transferred To Minister

Sections 9 and 20

PART 1

Functions performable with consent of Minister for Finance STATUTES

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 1992

Environmental Protection Agency Act 1992

Section 47

...

...

...

...

Section 48

Acceptance of gifts by Agency.

48

48.(1) The Agency may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.

(2) The Agency shall not accept a gift if the trusts or conditions attached to it would be inconsistent with, or prejudice, the effective performance of its functions.

(3) The Agency shall publish in its annual report details of all gifts accepted by it during the period of the report.

Section 49

Charges for services.

49

49.(1) The Agency may determine charges or scales of charges in relation to the provision by it of services.

(2) The Agency may make such charges as it considers appropriate in accordance with the scales of charges provided for under subsection (1) in consideration of the provision by it of services.

(3) The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (2).

Section 50

Accounts and audits.

50

50.(1) The Agency shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance, directs and those accounts when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

Annotations

Modifications (not altering text):

C16

Functions transferred and references to “Minister” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, 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 performance 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 the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 7 of 1992

Environmental Protection Agency Act 1992

Sections 27(12) and (13), 41(5), 46, 50(1) and (2), 99(1) and 99A(3)

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Section 51

Annual report and information to Minister.

51

51.(1) As soon as may be after the end of each financial year, but not later than six months thereafter, the Agency shall cause a report on the performance of its functions during that year to be laid before each House of the Oireachtas.

(2) The Agency shall supply the Minister with such information relating to the performance of its functions as he shall from time to time request.

PART III

Functions of the Agency

Section 52

Functions generally.

52

52.(1) The functions of the Agency shall, subject to the provisions of this Act, include—

(a) the licensing, regulation and control of activities for the purposes of environmental protection,

(b) the monitoring of the quality of the environment, including the establishment and maintenance of data bases of information related to the environment and making arrangements for the dissemination of such information and for public access thereto,

(c) the provision of support and advisory services for the purposes of environmental protection to local authorities and other public authorities in relation to the performance of any function of those authorities,

(d) the promotion and co-ordination of environmental research, the provision of assistance and advice in relation to such research and the carrying out, causing to be carried out, or arranging for, such research,

(e) liaison with the European Environment Agency provided for under Council Regulation 1210/90/EEC1,

(f) such other functions in relation to environmental protection as may be assigned or transferred to it by the Minister under section 53 or 54 including functions arising from any obligations under any treaty governing the European Communities or an act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(2) In carrying out its functions, the Agency shall—

(a) keep itself informed of the policies and objectives of public authorities whose functions have, or may have, a bearing on matters with which the Agency is concerned,

(b) have regard to the need for a high standard of environmental protection and the need to promote sustainable and environmentally sound development, processes or operations,

(c) have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution,

(d) have regard to the need to give effect, insofar as it is feasible,to the “polluter pays” principle, as set out in Council Recommendation 75/436/EURATOM, ECSC, EEC of 3 March, 19751, regarding cost allocation and action by public authorities on environmental matters,

(e) ensure, in so far as is practicable, that a proper balance is achieved between the need to protect the environment (and the cost of such protection) and the need for infrastructural, economic and social progress and development.

F57[(3) The Agency may have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances for any purpose in connection with its functions under paragraph (b) of subsection (1).

(4) The Agency shall not F58[be required to be a registered person or licensee within the meaning of section 2 of the Radiological Protection Act 1991] to have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances for any purpose in connection with its functions under paragraph (b) of subsection (1).

(5) Any custody, production, processing, handling, holding, storing, using, manufacture, import, distribution, transport, export or disposal by the Agency, prior to the commencement of section 47 of the Radiological Protection (Miscellaneous Provisions) Act 2014, of radioactive substances for any purpose in connection with its functions under paragraph (b) of subsection (1) that would, but for this subsection, be invalid by reason only of a contravention of an order made under section 30 of the Radiological Protection Act 1991 shall be, and shall be deemed always to have been, valid and effectual for all purposes.

(6) If subsection (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.]

Annotations

Amendments:

F57

Inserted (30.07.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 47, S.I. No. 354 of 2014.

F58

Substituted (25.01.2019) by Radiological Protection (Amendment) Act 2018 (8/2018), s. 32, S.I. No. 10 of 2019.

Editorial Notes:

E195

Previous affecting provision: power pursuant to section exercised (22.04.2010) by European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2010 (S.I. No. 161 of 2010); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(d), in effect as per reg. 2.

1 O.J. No. L120/1 of 11 May, 1990.

Section 53

Assignment of additional functions.

53

53.(1) The Minister may, following consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned, by regulations assign to the Agency such additional functions F59[in relation to environmental protection] and, consequentially, modify any existing function in relation to environmental protection as from time to time he considers appropriate.

(2) Without prejudice to the generality of subsection (1), regulations under this section may assign to the Agency any function which relates to environmental protection and which arises from, or is necessary for, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(3) Any regulations made pursuant to this section may provide for the assignment to the Agency of such ancillary, incidental and supplementary functions F60[in relation to environmental protection] as, in the opinion of the Minister, are necessary for, or in connection with, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(4) (a) A charge may be made by the Agency, subject to regulations under this section, in connection with, incidental to, or for the purposes of, the effective performance of any function assigned to it under this section.

(b) The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from any such person any amount due and owing to it under paragraph (a).

Annotations

Amendments:

F59

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 28(a), S.I. No. 354 of 2014.

F60

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 28(b), S.I. No. 354 of 2014.

Editorial Notes:

E196

Power pursuant to section exercised (31.10.2022) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022 (S.I. No. 539 of 2022), in effect as per reg. 1(2).

E197

Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2(1).

E198

Power pursuant to section exercised (17.11.2016) by Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016), in effect as per reg. 2.

E199

Power pursuant to section exercised (1.12.2014) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2014 (S.I. No. 553 of 2014).

E200

Power pursuant to section exercised (10.12.2012) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2012 (S.I. No. 502 of 2012).

E201

Power pursuant to section exercised (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), in effect as per reg. 2.

E202

Power pursuant to section exercised (13.12.2011) by Pollutant Release and Transfer Register Regulations 2011 (S.I. No. 649 of 2011).

E203

Power pursuant to section exercised (7.09.2011) by Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465 of 2011).

E204

Power pursuant to section exercised (4.06.2010) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 (S.I. No. 261 of 2010).

E205

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E206

Power pursuant to section exercised (1.10.1997) by Environmental Protection Agency Act, 1992 (Control of Volatile Organic Compound Emissions Resulting from Petrol Storage and Distribution) Regulations 1997 (S.I. No. 374 of 1997), in effect as per reg. 2.

E207

Previous affecting provision: power pursuant to section exercised (15.11.2012) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 (S.I. No. 454 of 2012); revoked (31.10.2022) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022 (S.I. No 539 of 2022), reg. 2, in effect as per reg. 1(2).

E208

Previous affecting provision: power pursuant to section exercised (20.06.2011) by Environmental Protection Agency Act (Fluorinated Greenhouse Gas) Regulations 2011 (S.I. No. 278 of 2011), in effect as per reg. 2; revoked (28.12.2016) by European Union (Fluorinated Greenhouse Gas) Regulations 2016 (S.I. No. 658 of 2016), reg. 15(1), in effect as per reg. 1(2).

E209

Previous affecting provision: power pursuant to section exercised (7.06.2011) by Environmental Protection Agency Act 1992 (Registration of Coal Bagging Operators and Fuel Suppliers) Regulations 2011 (S.I. No. 271 of 2011), in effect as per reg. 2; revoked (15.11.2012) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 (S.I. No. 454 of 2012), reg. 4.

E210

Previous affecting provision: power pursuant to section exercised (26.03.2011) by European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2011 (S.I. No. 127 of 2011); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(e), in effect as per reg. 2(1).

E211

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.

E212

Previous affecting provision: power pursuant to section exercised (22.04.2010) by European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2010 (S.I. No. 161 of 2010); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(d), in effect as per reg. 2(1).

E213

Previous affecting provision: power pursuant to section exercised (19.04.2010) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.

E214

Previous affecting provision: power pursuant to section exercised (1.04.2010) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E215

Previous affecting provision: power pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked (14.06.2014) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 49 in the absence of date referred to in s. 3.

E216

Previous affecting provision: power pursuant to section exercised (1.06.2006) by Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006), in effect as per reg. 2; revoked (7.09.2011) by Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465 of 2011), reg. 14.

E217

Previous affecting provision: power pursuant to section exercised (15.05.2006) by Kyoto Protocol Flexible Mechanisms Regulations 2006 (S.I. No. 244 of 2006), in effect as per reg. 2; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(c), in effect as per reg. 2(1).

E218

Previous affecting provision: power pursuant to section exercised (3.04.2006) by Environmental Noise Regulations 2006 (S.I. No. 140 of 2006), in effect as per reg. 2; revoked (31.12.2018) by European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018), reg. 15, in effect as per reg. 1(2).

E219

Previous affecting provision: power pursuant to section exercised (5.07.2005) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 341 of 2005); revoked (2.01.2013) by European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 (S.I. No. 513 of 2012), reg. 35(1), in effect as per reg. 34, subject to transitional provisions in reg. 4(5).

E220

Previous affecting provision: power pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.

E221

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E222

Previous affecting provision: power pursuant to section exercised (27.11.2003) by Large Combustion Plants Regulations 2003 (S.I. No. 644 of 2003), in effect as per reg. 1(2); revoked (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(a), in effect as per reg. 2, subject to regs. 8(2)(b), 10(4)(d), 11(1)(d).

E223

Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2, subject to reg. 18(7).

E224

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

E225

Previous affecting provision: power pursuant to section exercised (15.02.1999) by Environmental Protection Agency Act 1992 (Ambient Air Quality Assessment and Management) Regulations 1999 (S.I. No. 33 of 1999), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(1), in effect as per reg. 2.

E226

Previous affecting provision: power pursuant to section exercised (12.02.1999) by Protection of Groundwater Regulations 1999 (S.I. No. 41 of 1999); revoked (22.12.2013) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 47, in effect as per reg. 1(2) and 47.

E227

Previous affecting provision: power pursuant to section exercised (1.04.1997) by Environmental Protection Agency Act, 1992 (Ozone) Regulations 1997 (S.I. No. 132 of 1997), in effect as per reg. 2; revoked (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), reg. 13, in effect as per reg. 2.

Section 54

Transfer of functions.

54

54.(1) The Minister may, following consultation with the Agency, make regulations providing that any function relating to environmental protection conferred on a public authority under any enactment specified in the Second Schedule shall, where the Minister is satisfied that the function could be more effectively performed by the Agency, in addition to or in lieu of being performed by that authority, be performed by the Agency with effect from a date specified in the regulations.

(2) Regulations under subsection (1) shall not be made save with the agreement of any other Minister of the Government directly responsible for the function concerned or under whose aegis the public authority responsible for the function operates.

(3) Whenever regulations under this section are in force in relation to a particular function, a reference in any enactment to the public authority concerned shall be construed as including a reference to the Agency and the function to which the regulations relate shall be a function of the Agency.

(4) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying any provision of this Act or of any other enactment) as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations.

Annotations

Editorial Notes:

E228

Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2(1).

E229

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E230

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E231

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

Section 55

Advisory functions in relation to Ministers of the Government.

55

55.(1) The Agency may, of its own volition, and shall when requested by a Minister of the Government, give information or advice or make recommendations for the purposes of environmental protection F61[or radiological protection] to any such Minister on any matter relating to his functions or responsibilities and that Minister shall have regard to any such information or advice given or recommendations made.

(2) Without prejudice to the generality of subsection (1), the Agency—

(a) may, and shall when requested by a Minister of the Government—

(i) prepare and submit to the Minister concerned an assessment of any proposal for, or any proposal for the amendment or the implementation of, any treaty governing the European Communities or any act of the institutions of those Communities or other international convention or agreement to which the State is, or may become, a party having a bearing on environmental protection F62[or radiological protection],

(ii) advise the Minister concerned in relation to any proposals for legislative change, or on any other policy matters, concerning environmental protection F63[or radiological protection] and related matters,

(iii) submit to the Minister concerned any proposals it may consider appropriate for amendment of any enactment, or for new enactments, concerning environmental protection F64[or radiological protection],

(iv) prepare and submit information to, or advise, the Minister concerned in relation to guidelines, standards and other matters including management of coastal areas in relation to environmental protection F65[or radiological protection],

(v) report on and make recommendations to the Minister concerned on particular F66[issues or problems relating to environmental matters or radiological protection],

(b) may, and shall when requested by the Minister, make recommendations to the Minister in relation to any modification or extension of the functions of the Agency which it considers appropriate.

(3) The Minister may, by order made after consultation with any other Minister of the Government concerned, provide that a function performable by the Agency under subsection (1) or subsection (2) (a) shall be performable also in relation to any other public authority for which that other Minister is responsible.

(4) The Agency may, for any Minister of the Government or any public authority designated by order under subsection (3) or for any other person or body, organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations,training courses or publications for persons involved in environmental protection F67[or radiological protection].

Annotations

Amendments:

F61

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 29(a), S.I. No. 354 of 2014.

F62

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 29(b)(i), S.I. No. 354 of 2014.

F63

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 29(b)(ii), S.I. No. 354 of 2014.

F64

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 29(b)(iii), S.I. No. 354 of 2014.

F65

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 29(b)(iv), S.I. No. 354 of 2014.

F66

Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 29(b)(v), S.I. No. 354 of 2014.

F67

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 29(c), S.I. No. 354 of 2014.

Section 56

Advisory functions in relation to local authorities.

56

56.(1) The Agency may, and shall when requested by the Minister, give information or advice or make recommendations for the purposes of environmental protection, to a local authority or to local authorities generally in relation to the performance of any of its or their functions and the authority or authorities shall have regard to any such information or advice given or recommendations made.

(2) Without prejudice to the generality of subsection (1), information, advice or recommendations under this section may relate to—

(a) the provision of laboratory facilities and equipment, and related services,

(b) the preparation of legal proceedings in respect of any contravention of an enactment relating to environmental protection,

(c) the standards, conditions or criteria to be applied, or the guidelines, codes of practice or procedures to be followed, for the purposes of environmental protection in relation to any development, process or practice either generally or of a particular class,

(d) the management of coastal areas for the purposes of environmental protection,

(e) the monitoring of emissions and environmental quality,

(f) methods of sampling, measuring and analysis, and the equipment to be used for such sampling, measurement and analysis.

(3) The Agency may organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations, training courses or publications for staff of local authorities involved in environmental protection or for members of local authorities.

(4) In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941.

Annotations

Editorial Notes:

E232

Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2(1).

E233

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E234

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E235

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

Section 57

Assistance to local authorities.

57

57.(1) The Agency shall provide such general support and assistance for the purposes of environmental protection to local authorities in relation to the performance of any of their functions as it considers necessary and feasible.

(2) The Agency may, for the purposes of subsection (1), make arrangements with a local authority, on such terms and conditions as may be agreed, for the provision of services, including services relating to staffing and equipment, to that local authority.

(3) In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941.

Section 58

Drinking water.

58

F68[58. (1) The Agency may request a water services authority to submit to it in such manner and at such times as it may direct, such information as the Agency may specify in relation to the management and treatment, and the monitoring of compliance with prescribed quality standards and other parametric values, of water intended for human consumption.

(2) The Agency shall arrange for, carry out or cause to be carried out, such inspection, auditing or monitoring as it considers necessary to verify information (including monitoring results) transmitted to it under subsection (1).

(3) The Agency shall, in relation to each year, prepare and submit to the Minister a report on

(a) the monitoring, together with an assessment of the results, referred to in subsection (1) or (2), and

(b) the implementation by the Agency of section 58A,

and the report shall include such recommendations as seem to it to be appropriate.

(4) Each report under subsection (3) shall be laid by the Minister before each House of the Oireachtas and shall be published by the Agency.

(5) In this section and section 58A "parametric values" and "water services authority" have the meanings assigned to them, respectively, in section 2 of the Water Services Act 2007.]

Annotations

Amendments:

F68

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(a), S.I. No. 846 of 2007.

Section 58A
58A

F69[Performance by water services authorities of statutory functions in relation to drinking water.

58A. (1) Notwithstanding section 30 of the Water Services Act 2007, the Agency shall

(a) monitor compliance with prescribed water quality standards and other parametric values of water supplied by or on behalf of a water services authority for human consumption, and

(b) be responsible for enforcement of compliance with such standards.

...]

Annotations

Amendments:

F69

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(a), S.I. No. 846 of 2007.

F70

Inserted by Water Services Act 2007 (30/2007), s. 107(a), not commenced as of date of revision

Modifications (not altering text):

C17

Prospective affecting provision: subss. (2)-(7) inserted by Water Services Act 2007 (30/2007), s. 107(a), not commenced as of date of revision.

F70[(2) Without prejudice to subsection (1), and with a view to achieving the satisfactory compliance with relevant prescribed water quality standards and other parametric values of water intended for human consumption supplied by the water services authority concerned, the Agency may, having exercised its powers under subsection (1) or (2) of section 58 and considered any information furnished to, or otherwise coming into its possession in consequence of that exercise, do all or any of the following:

(a) issue such advice, directions or recommendations to the water services authority, as it considers necessary;

(b) provide, on such terms and conditions as may be agreed, such assistance, support or guidance as the Agency considers, after consultation with the water services authority, would be helpful.

(3) (a) Notwithstanding any other provision of this section, where the Agency is of the opinion in respect of water for human consumption supplied by or on behalf of a water services authority that

(i) there has been a breach of prescribed water quality standards or other parametric values,

(ii) the water contains a substance or micro-organism for which no water quality standard exists, or

(iii) a standard of efficiency of related disinfection equipment exists,

that constitutes, or may constitute, a risk to public health, then the Agency may issue such direction to the relevant water services authority as it considers necessary to ensure that appropriate measures are taken for the purposes of preventing, limiting, eliminating or abating such risk.

(b) A water services authority shall comply with any direction to it under paragraph (a).

(4) (a) Where the Agency, having reviewed the information

(i) submitted to it in accordance with section 58(1), or

(ii) obtained during the course of inspection, auditing or monitoring carried out under section 58(2), is of the opinion that a water services authority has failed adequately to carry out monitoring of its water supplies or related distribution networks, then the Agency shall direct the water services authority to arrange for such monitoring to be carried out adequately.

(b) A water services authority shall comply with any direction to it under paragraph (a).

(5) Where a water services authority fails to comply with a direction issued under subsection (2), (3) or (4), the Agency may arrange, carry out or cause to be carried out such action as it considers necessary to ensure compliance with the direction. The costs of such action may be recovered by the Agency from the water services authority concerned as a simple contract debt in any court of competent jurisdiction.

(6) A water services authority commits an offence if

(a) it fails to comply with a request under section 58(1), or

(b) it fails to comply with a direction under subsection (2), (3) or (4).

(7) The Agency may apply to the High Court in a summary manner for an order against a water services authority to direct compliance with a request under section 58(1), or a direction under subsection (3), and the Court may grant such order as it considers appropriate.]

Section 59

Sewage or other effluents.

59

59.(1) The Minister may, for the purposes of environmental protection and, in particular, for the purpose of giving full effect to Council Directive 91/271/EEC1, make regulations for the collection, treatment, discharge or disposal of sewage or other effluents to waters from—

(a) any plant or drainage pipe vested in or controlled or used by a sanitary authority for the treatment of drinking water, or

(b) any plant, sewer or drainage pipe vested in or controlled or used by a sanitary authority for the treatment and disposal of sewage or other effluents.

(2) Without prejudice to the generality of subsection (1), regulations may provide for all or any of the following—

(a) the time within which specified systems or classes of systems for the collection and treatment of sewage effluents shall be provided,

(b) the design, construction and maintenance of collection and treatment systems,

(c) standards or other requirements for effluents specified in subsection (1),

(d) criteria for the designation of areas or classes of areas or waters or classes of waters by such person as may be specified and the times within which such designations shall be made or reviewed for the purposes of subsection (3),

(e) monitoring of sewage or other effluents and of waters to which sewage or other effluents are discharged,

(f) re-use and disposal of effluents.

(3) Standards or other requirements prescribed under subsection (2) may relate to—

(a) all, or specified classes of, or specified volumes of, effluents,

(b) effluents in designated areas or classes of areas or specified plant, sewers or drainage pipes, or specified classes of plant, sewers or drainage pipes, or

(c) effluents discharged to designated waters or classes of waters,

and different standards or other requirements may be prescribed in relation to different effluents or classes of effluents, different areas or classes of areas, different waters or classes of waters or different plant, sewers or drainage pipes or classes of plant, sewers or drainage pipes.

(4) In prescribing standards or other requirements under subsection (2) the Minister shall have regard to any criteria specified and published by the Agency under section 60.

(5) The Minister may make regulations providing for the grant of an authorisation to a sanitary authority by the Agency in respect of the discharge of:

(a) all, or specified classes of, or specified volumes of, effluents,

(b) effluents in designated areas or classes of areas or specified plant, sewers or drainage pipes, or specified classes of plant, sewers or drainage pipes, or

(c) effluents discharged to designated waters or classes of waters,

requiring compliance by such sanitary authority with such standards or other requirements as have been specified under subsection (2) (c).

(6) Where a standard or other requirement is prescribed under subsection (2), the sanitary authority shall, where necessary, take steps as soon as is practicable, or within such period as may be prescribed for compliance with such standard or other requirement, to ensure that the said effluent complies with the standard or other requirement.

(7) It shall be a good defence to a prosecution for an offence under any enactment other than this Act that the act constituting the alleged offence was in compliance with a standard or other requirement specified under subsection (2) (c) or an authorisation granted under this section.

(8) Section 26 of the Local Government (Water Pollution) Act, 1977, is hereby amended by the insertion of the following subsection after subsection (1):

“(1 A) Regulations under this section shall not relate to sewage or other effluents from any works, apparatus, treatment plant, sewer or drainage pipe vested in, or controlled or used by, a sanitary authority for the disposal of sewage or other effluents to any waters.”.

F71[(9) In this section a reference to a sanitary authority shall be construed, subject to the discretion of the Minister in relation to regulations under subsection (5), as including a reference to any person acting on behalf of or jointly with a sanitary authority.]

Annotations

Amendments:

F71

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(b), S.I. No. 846 of 2007.

Modifications (not altering text):

C18

Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

...

Transfer of functions from water service authorities to Irish Water

7. ...

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

Editorial Notes:

E236

Power pursuant to section exercised (15.07.2004) by Urban Waste Water Treatment (Amendment) Regulations 2004 (S.I. No. 440 of 2004).

E237

Power pursuant to section exercised (14.06.2001) by Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001).

E238

Previous affecting provision: power pursuant to section exercised (7.07.1999) by Environmental Protection Agency Act 1992 (Urban Waste Water Treatment) (Amendment) Regulations 1999 (S.I. No. 208 of 1999); revoked (14.06.2001) by Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001), reg. 11.

E239

Previous affecting provision: power pursuant to section exercised (12.02.1999) by Local Government (Water Pollution) (Amendment) Regulations 1999 (S.I. No. 42 of 1999); revoked (22.12.2013) by European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010), reg. 61, in effect as per reg. 61.

E240

Previous affecting provision: power pursuant to section exercised (12.02.1999) by Protection of Groundwater Regulations 1999 (S.I. No. 41 of 1999); revoked (22.12.2013) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 47, in effect as per reg. 47.

E241

Previous affecting provision: power pursuant to section exercised (14.12.1994) by Environmental Protection Agency Act 1992 (Urban Waste Water Treatment) Regulations 1994 (S.I. No. 419 of 1994); revoked (14.06.2001) by Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001), reg. 11.

1 O.J. No. L135/40 of 30 May, 1991.

Section 60

Agency functions in relation to water or sewage treatment.

60

60.(1) The Agency may, and shall if so directed by the Minister, specify and publish criteria and procedures, which in the opinion of the Agency are reasonable and desirable for the purposes of environmental protection, in relation to the management, maintenance, supervision, operation or use of all or specified classes of plant, sewers or drainage pipes vested in or controlled or used by a sanitary authority for the treatment of drinking water or for the treatment or disposal of any sewage or other effluent to any waters and a sanitary authority shall, in the performance of its functions, have regard to such criteria and procedures.

(2) Without prejudice to subsection (1), specified criteria and procedures may relate to—

(a) site selection,

(b) the location of effluent discharges, the periods during which discharges may be made or may not be made and the design and construction of outlets for discharges,

(c) the provision and maintenance of meters, gauges, other apparatus, manholes and inspection chambers.

F72[(3) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.]

Annotations

Amendments:

F72

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(c), S.I. No. 846 of 2007.

Modifications (not altering text):

C19

Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

...

Transfer of functions from water service authorities to Irish Water

7. ....

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

Section 61

Monitoring in relation to sanitary authorities' effluents.

61

61.(1) (a) A sanitary authority in which is vested or which has control over, or the use of, any plant, sewer or drainage pipe from which effluent is discharged to waters and in respect of which standards or other requirements have been prescribed or an authorisation issued under section 59, or criteria and procedures have been specified under section 60, shall carry out, cause to be carried out, or arrange for, such monitoring of the effluent or of the waters concerned or in connection with the management or operation of the plant, sewer or drainage pipe—

(i) as may be necessary or prescribed under section 59 (2) (e) to assess compliance with standards or other requirements prescribed, or authorisation issued, under section 59, or

(ii) as the Agency shall direct in relation to criteria and procedures specified under section 60, and shall transmit the results of such monitoring to the Agency in such manner and at such times as the Agency shall direct.

(b) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).

(2) Where the Agency—

(a) is of the opinion that the monitoring being carried out in accordance with the provisions of subsection (1) (a) (i) is inadequate for the purposes of assessing compliance with standards or other requirements prescribed, or authorisation issued, under section 59, or

(b) is not satisfied with the response of a sanitary authority to a direction under subsection (1) (a) (ii),

it shall consult with the sanitary authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the sanitary authority as a simple contract debt in any court of competent jurisdiction.

(3) The Agency shall, from time to time, or at such intervals not exceeding two years and in such manner as may be prescribed for the purposes of monitoring compliance with specified standards or other requirements prescribed or authorisations issued under section 59, prepare and publish reports on the quality of effluents being discharged from plant, sewers or drainage pipes vested in, or controlled or used by, sanitary authorities and shall include in such reports such recommendations as it considers appropriate.

F73[(4) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.]

Annotations

Amendments:

F73

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(d), S.I. No. 846 of 2007.

Modifications (not altering text):

C20

Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

...

Transfer of functions from water service authorities to Irish Water

7. ....

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

Section 62

Landfill sites for waste disposal.

62

62.(1) The Agency shall, as soon as is practicable, for the purposes of environmental protection, specify and publish criteria and procedures for the selection, management, operation and termination of use of landfill sites for the disposal of domestic and other wastes.

(2) Without prejudice to the generality of subsection (1), specified criteria and procedures may relate to—

(a) site selection,

(b) design and bringing into operation of sites,

(c) impacts on the environment,

(d) leachate management, treatment and control,

(e) control and recovery of landfill gas,

(f) operational guidelines, including classification of wastes and establishment of acceptance criteria for landfill,

(g) acceptance of different classes of wastes at different classes of sites,

(h) fire, pest and litter control,

(i) appropriate recovery, reuse and recycling facilities,

(j) co-disposal of industrial and other wastes,

(k) monitoring of leachate, other effluents and emissions,

(l) termination of use and subsequent monitoring.

(3) (a) A local authority which manages or operates a landfill site to which specified criteria and procedures apply shall carry out, cause to be carried out, or arrange for, such monitoring in connection with the management or operation of the landfill site as the Agency shall direct, and shall transmit the results of such monitoring and such information on the management or operation of the site to the Agency in such manner and at such times as the Agency shall direct.

(b) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).

(4) Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.

(5) Where criteria and procedures specified under this section relate to a landfill site managed or operated by a local authority, the authority shall, where necessary, take steps as soon as is practicable to ensure that the management or operation of such landfill site complies with the specified criteria and procedures.

(6) The Agency shall, from time to time, prepare and publish reports on the management and operation of local authority landfill sites and shall include in such reports such recommendations as it considers appropriate.

(7) In this section “local authority” means a public waste collector for the purposes of the European Communities (Waste) Regulations, 1979.

Annotations

Modifications (not altering text):

C21

Application of section ceased in part (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(3), S.I. No. 192 of 1996.

Adaptation of certain references and transitional provisions.

68. ...

(3) The provisions of section 62 of the Act of 1992 shall, in so far as they apply or have effect in relation to a particular landfill facility, cease to have effect upon the grant of a waste licence under section 40 in respect of that facility.

...

Section 63

F74[Performance of statutory functions by local authorities.

63

63.(1) The Agency may request a local authority to furnish, within a specified period, to it information in relation to the performance by the authority, either generally or in a specific case, of a statutory function of that authority in relation to environmental protection and the authority shall comply with such a request.

(2) The Agency may, having notified the local authority of its intention to do so, carry out an assessment of the performance by a local authority, either generally or in a specific case, of a statutory function of that authority in relation to environmental protection; for that purpose the authority shall comply with any request for the furnishing to the Agency of information, records or reports or the results of any monitoring by the authority, or, in connection with the foregoing, the affording to the Agency of access to any premises occupied by the authority, made by the Agency during the course of such assessment.

(3) Having exercised its powers under subsection (1) or (2), and having considered any information furnished to, or otherwise coming into the possession of, it in consequence of that exercise, the Agency may, with a view to ensuring the satisfactory performance by the local authority concerned of the function in question, do all or any of the following

(a) issue such advice and recommendations to the authority as it considers necessary,

(b) provide, on such terms and conditions as may be agreed, such assistance, support or guidance as the Agency considers, in consultation with the authority, would be helpful,

(c) without prejudice to any of its powers under this Act or any other enactment, issue to the authority the terms of a direction ("the proposed direction") it proposes to issue, under subsection (5), to the authority requiring it to carry out, cause to be carried out, or arrange for, within a specified period, such action related to the function in question as the Agency considers necessary for the purposes of environmental protection.

(4) The proposed direction shall specify a period within which the local authority may make observations to the Agency in relation to the proposal to make the direction (and the authority may make such observations within that period accordingly).

(5) After the expiration of the period referred to in subsection (4) and consideration of any observations made by the local authority under that subsection, the Agency may confirm, with or without modification, or decide not to confirm its proposal to make the direction concerned, and, in a case where the proposal is confirmed, the Agency shall issue to the authority the direction concerned accordingly and the authority shall comply with the direction within the period specified therein.

(6) Notwithstanding anything in this section, where the Agency is of the opinion that the failure of a local authority to perform in a satisfactory manner a statutory function of the authority in relation to environmental protection is resulting in significant environmental pollution, or in a real and imminent risk of such pollution, the Agency may direct the authority to carry out, cause to be carried out, or arrange for, within a specified period, such action related to the function in question as the Agency considers necessary for the purposes of preventing, limiting, eliminating, abating or reducing such pollution, and the authority shall comply with such a direction.

(7) Where a local authority fails to comply with a direction issued under subsection (5) or (6), the Agency may carry out, cause to be carried out, or arrange for, such action related to the function in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the Agency from the authority as a simple contract debt in any court of competent jurisdiction.

(8) A local authority shall be guilty of an offence if it

(a) fails to comply with a request under subsection (1) or (2), or

(b) fails to comply with a direction under subsection (5) or (6).

(9) The Minister may, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, make regulations enabling the Agency to exercise, in relation to a public authority (other than a local authority within the meaning of this section) that, in the opinion of the Minister, performs a statutory function in relation to environmental protection, the powers conferred on the Agency by this section in relation to a local authority.

(10) Nothing in this section shall be construed as enabling the Agency to exercise any power or control under this section in relation to the making of a decision on an application for a permission under section 34 of the Act of 2000.

(11) In this section, "local authority" has the meaning assigned to it by the Local Government Act 2001.]

Annotations

Amendments:

F74

Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 13, S.I. No. 498 of 2003.

Modifications (not altering text):

C22

Application of section extended (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), reg. 9(3).

Powers of the Environmental Protection Agency

9. ...

(3) Where the Agency is of opinion that a local authority has failed to perform any function of that authority provided for by these Regulations or has performed that function in an unsatisfactory manner, the provisions of section 63 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), as amended by section 13 of the Protection of the Environment Act 2003 (No. 27 of 2003) shall apply mutatis mutandis as if the reference therein to a statutory function of a local authority included a reference to functions conferred on local authorities pursuant to these Regulations.

C23

Application of section extended (7.12.2005) by European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 (S.I. No. 787 of 2005), reg. 4.

4. For the purpose of Article 3(b) of these Regulations, the Agency shall be required to ensure compliance of waste water treatment plants with the requirements of the said Article 3(b), and the provisions of section 63 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) shall apply accordingly.

C24

Application of powers under extended (22.12.2003) by European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003), reg. 20.

Supervision of public authorities by EPA

20. The powers conferred on the EPA by section 63 of the Act of 1992 in relation to local authorities shall be exercisable by the EPA in relation to any public authority (other than a Minister of the Government) to which a duty is assigned by a monitoring programme prepared in accordance with article 10 or by a programme of measures prepared in accordance with article 12.

Section 64

Hydrometric programme.

64

64.(1) The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, prepare a national programme for the collection, analysis and publication of information on the levels, volumes and flows of water in rivers, lakes and groundwaters in the State (in this Act referred to as “hydrometric data”), and a copy of such programme shall, as soon as may be, be sent by the Agency to the Minister.

(2) A programme under this section may, after consultation with the persons or bodies (if any) referred to in subsection (1), be revised from time to time by the Agency and shall be reviewed at least every five years.

(3) It shall be the duty of the Agency to take appropriate steps to ensure that a programme under this section is implemented and for that purpose the Agency may—

(a) direct a local authority to provide, operate and maintain such gauges and other equipment as it may specify and to furnish specified information to the Agency in such manner and at such times as it may specify,

(b) make arrangements with any public authority, or other person or body to provide, operate and maintain such gauges and other equipment as it may specify and to furnish specified information to the Agency in such manner and at such times as it may specify,

(c) provide, operate and maintain gauges and other equipment for recording hydrometric data.

(4) Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.

Section 65

Environmental monitoring programme.

65

65.(1) The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, prepare programmes for monitoring the quality of the environment and a copy of each such programme shall, as soon as may be, be sent by the Agency to the Minister and shall be published by the Agency.

(2) A programme under this section shall specify—

(a) the nature and extent of the monitoring to which the programme relates and the reasons why, in the opinion of the Agency, the monitoring should be carried out,

(b) the persons or bodies (including the Agency) by which the intended monitoring is to be carried out,

(c) the resources, including equipment, other facilities and staff, required to carry out the monitoring and the cost thereof,

(d) the arrangements which the Agency considers appropriate for access to, dissemination of, and publication of the results of the monitoring.

(3) It shall be the duty of the Agency to take appropriate steps to ensure that a programme under this section is implemented and for that purpose the Agency may—

(a) give such directions as it considers appropriate to any local authority in relation to the carrying out of monitoring by that authority,

(b) make arrangements with any public authority, or other person or body, for the carrying out of specified monitoring,

(c) carry out, cause to be carried out, or arrange for, such monitoring as it may consider necessary for the purposes of the programme,

(d) assist any person or body in the carrying out of any part of the approved monitoring programme.

(4) The Minister may make regulations specifying the monitoring, or classes of monitoring in relation to which the Agency shall consult with him and obtain his agreement prior to giving any directions under subsection (3) (a).

(5) Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.

(6) The Agency may, after consultation with the persons or bodies (if any) referred to in subsection (1), amend or revoke a programme.

Section 66

Establishment of an accreditation scheme.

66

66.(1) (a) The Agency may, for the purposes of assessing analytical performance and ensuring the validity and comparability of environmental F75[or radiological] data, establish, or arrange for the establishment of, an analytical quality control programme involving its own laboratories, laboratories provided and operated by local authorities, and such other laboratories as it deems appropriate from which data are submitted to the Agency in connection with the performance of any of its functions.

(b) The Agency may require any such laboratory to furnish it with such data as it may request for the purposes of any such programme.

(c) Without prejudice to the generality of paragraph (a), the Agency may establish different analytical quality control programmes for different laboratories or for different tests.

(2) The Agency may require any laboratory which supplies environmental F76[or radiological] data to the Agency or in connection with any function F77[of the Agency] to be accredited in accordance with Irish Standard I.S./EN 45001: 1989—General Criteria for the Operation of Testing Laboratories—or equivalent and with such other or further standards as may be set, from time to time, by the National Standards Authority of Ireland or equivalent standards.

(3) The Agency may provide for the imposition of charges and the payment of fees in connection with the provision of services or any procedural matters under this section.

(4) The Agency shall maintain a register of laboratories which comply with the requirements of subsection (1) or which are required to be accredited under subsection (2).

(5) The register shall include a list of tests to which such compliance or accreditation relates and shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

Annotations

Amendments:

F75

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 30(a), S.I. No. 354 of 2014.

F76

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 30(b)(i), S.I. No. 354 of 2014.

F77

Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 30(b)(ii), S.I. No. 354 of 2014.

Section 67

Access to monitoring results.

67

67.The Agency shall keep and maintain, or cause to be kept and maintained, such records, including such summary records, of the results of any monitoring carried out, caused to be carried out, or arranged by it under this Act as it considers necessary for the purposes of any of its functions and shall, subject to section 39, make such records available, or cause such records to be made available, for inspection by the public at all reasonable times, and, as the Agency considers appropriate, publish, or cause to be published, such records.

Section 68

Monitoring activities of public authorities.

68

68.(1) The Agency shall exercise general supervision over the monitoring carried out by local authorities (and such other public authorities as may be prescribed) for the purposes of any enactment relating to environmental protection.

(2) The Agency shall keep itself informed of the nature and extent of the monitoring carried out by each local authority and by each public authority prescribed under subsection (1).

(3) For the purposes of subsection (2), the Agency may require a local authority or other public authority prescribed under subsection (1) to provide information within a specified period on—

(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,

(d) the results of such monitoring,

and the authority shall not unreasonably withhold the information sought.

(4) The Agency may, for the purposes of subsection (1), of its own volition, or at the request of a local authority or other public authority prescribed under subsection (1), advise the authority in relation to—

(a) the number and location of places within an area at which monitoring should be carried out and the frequency of such monitoring,

(b) the manner in which samples and measurements are to be taken and analyses are to be carried out,

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

(d) the manner in which the results of such monitoring should be published or otherwise made available.

(5) The Agency may provide such services including general support, back-up, advice and assistance, as it considers necessary for the discharge by a local authority or other public authority prescribed under subsection (1) of its monitoring operations.

(6) The Agency may make arrangements with a local authority or other public authority prescribed under subsection (1) on such terms and conditions as may be agreed, for the provision of services under subsection (5).

(7) The Agency shall, at intervals not exceeding three years, prepare and publish a report on the monitoring operations of local authorities and other public authorities prescribed under subsection (1) and may, at more frequent intervals, report on monitoring operations related to particular environmental issues, or to particular areas, or to particular local authorities or to particular public authorities prescribed under subsection (1).

(8) A report under subsection (7) shall be laid by the Minister before each House of the Oireachtas.

Section 69

Environmental quality data storage system.

69

69.(1) The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, establish and maintain, or arrange to have established and maintained, a data base related to environmental quality.

(2) Without prejudice to the generality of subsection (1), the data base shall include information on—

(a) ambient air quality,

(b) the quality of inland waters, estuarial and coastal waters, and groundwaters,

(c) soil quality,

(d) noise levels,

(e) inventories of emissions to the environment, and

(f) such other matters as may be prescribed.

(3) For the purposes of this section, the Agency may require any public authority to make available to it, in such manner and at such times as it may specify, any information related to environmental quality in the control or possession of that authority and the authority shall not unreasonably withhold such information.

(4) (a) The Agency may make arrangements for information related to environmental quality held by any person or body to be supplied to it in such manner and on such terms and conditions as may be agreed and for such information to be included in the data base.

(b) The Agency may compile and maintain a register of sources of data related to environmental quality and the register shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

(5) The Agency shall, subject to subsection (4) and section 39 and on such terms and conditions as it thinks fit, make arrangements for public access to information contained in a data base prepared under this section.

Section 70

State of the environment reports.

70

70.The Agency shall—

(a) within a period of five years after it is established and in every F78[fourth] year thereafter, or

(b) within such other periods as may be prescribed,

prepare and publish a report on the quality and condition of the environment in the State.

Annotations

Amendments:

F78

Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 45, S.I. No. 433 of 2011.

Editorial Notes:

E242

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 and sch. 2.

Section 71

Environmental research.

71

71.(1) The functions of the Agency in relation to environmental research shall include the matters specified in this section.

(2) (a) The Agency shall advise the Minister on the need for environmental research and shall, at such intervals as the Minister may specify (or, where for the time being no intervals are specified by the Minister, at such intervals as it thinks fit) prepare programmes of such research.

(b) Programmes under this section shall specify—

(i) the subjects in relation to which research is necessary and the objectives of such research,

(ii) the manner in which and the persons or bodies by which such research could be carried out,

(iii) the estimated cost of particular research projects or operations.

(c) Programmes under this section shall be prepared after consultation with such persons or bodies as may be prescribed.

(3) (a) The Agency shall, from time to time, prepare and publish registers of environmental research projects and operations being carried out, or proposed to be carried out, in the State and which shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

(b) The Agency shall, insofar as is practicable, co-ordinate environmental research in the State and, for that purpose, may advise any public authority or any other person or body at the request of such person or body in relation to the allocation of financial support or other facilities for such research.

(4) The Agency may assist by money or in kind, or by the provision of services and facilities (including the services of staff), any person or body carrying out, or proposing to carry out, environmental research.

(5) The Agency may carry out, cause to be carried out, or arrange for, environmental research in accordance with a programme prepared under subsection (2).

(6) The Agency shall, in consultation with the Minister, establish and maintain liaison with the Commission of the European Communities and any other international organisation in relation to programmes of environmental research carried out, promoted, or assisted by the Commission or such other organisation, and shall promote and facilitate, as far as possible, participation in such programmes by persons and bodies in the State.

Section 72

Environmental impact assessment.

72

72.(1) (a) Subject to Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, and subsections (3) and (3A) of section 4 of the Local Government (Roads and Motorways) Act, 1974, or to any provision amending or replacing that Article or those subsections, the Agency may, and shall at the request of the Minister, or of any other Minister of the Government in relation to those matters for which that Minister is the competent authority, prepare guidelines on the information to be contained in F79[environmental impact assessment reports] in respect of development to which this section applies.

(b) The Agency shall, in preparing such guidelines, consult with the Minister and with any other Minister who in the opinion of the Agency is concerned.

(2) Guidelines under subsection (1) may relate to all development, or to any particular class of development, to which this section applies.

(3) (a) Regard shall be had, in the preparation of an F79[environmental impact assessment report] in respect of development to which this section applies, to any guidelines under subsection (1) which relate to the development concerned.

(b) A competent authority to which an F79[environmental impact assessment report] is submitted in respect of development to which this section applies shall, in considering the said statement, have regard to any guidelines under subsection (1) which relate to the development concerned.

(4) (a) A copy of an F79[environmental impact assessment report] prepared in respect of any development or class of development to which this section applies other than an activity for which a licence or revised licence under Part IV is required, shall be sent to the Agency by the person or body on whose behalf the F79[environmental impact assessment report] is prepared, at such time as may be prescribed.

(b) (i) The Agency may, having considered an F79[environmental impact assessment report] received pursuant to paragraph (a), make to the competent authority concerned such submissions or observations as it considers appropriate within such period as may be prescribed.

(ii) Where an F79[environmental impact assessment report] received by the Agency pursuant to paragraph (a) relates to development other than development by a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, a copy of any submissions or observations submitted to the competent authority under subparagraph (i) shall be sent by the Agency to the person or body by whom the F79[environmental impact assessment report] was sent pursuant to paragraph (a).

(c) A competent authority which receives submissions or observations from the Agency under paragraph (b) (i) shall, notwithstanding the provisions of any other enactment as to the matters to which that authority is to have regard in dealing with a case involving an F79[environmental impact assessment report], have regard to such submissions or observations.

(5) The Agency shall be consulted and regard shall be had to its views, in the case of any development to which this section applies, before—

(a) a decision is made on an application for an exemption from a requirement of any enactment to prepare an F79[environmental impact assessment report], or

(b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, decides that Article 23 (1) (a) shall not apply in relation to the proposed development.

(6) Any submissions or observations made by the Agency under subsection (4) (b) (i) or subsection (5) shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

(7) This section shall apply to—

(a) development which is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any enactment amending or replacing that Article, and

(b) a motorway which has the meaning assigned to it by the Local Government (Roads and Motorways) Act, 1974.

(8) In this section, unless the context otherwise requires—

competent authority” means—

(a) a Minister of the Government or other public authority or body to which an F79[environmental impact assessment report] in respect of development to which this section applies is required by or under any enactment to be submitted, or

(b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, by which an F79[environmental impact assessment report] in respect of development to which this section applies is required to be prepared;

F79[environmental impact assessment report] includes an “environmental impact study” for the purposes of the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988.

Annotations

Amendments:

F79

Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. 191 of 2020), reg. 4(a).

Editorial Notes:

E243

Subs. (3)(c) is purported to be amended by the substitution of "the said report" for "the said statement" (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. 191 of 2020), reg. 4(b). Subs. (3)(c) does not exist, and it may be that the intended amendment is to subs. (3)(b).

Section 73

Environmental approval.

73

73.(1) The Minister shall, with the consent of the Minister for the Marine, make regulations providing, in relation to all or any leases, licences, permits, or other authorisations which the Minister for the Marine F80[or the Aquaculture Licences Appeals Board] is empowered under law to grant, or to the renewal of any such leases, licences, permits or other authorisations, that such leases, licences, permits or other authorisations, or specified classes thereof, shall, for the purposes of environmental protection, be subject to the approval of the Agency and such approval may be given either without conditions or subject to such conditions related to the purposes of environmental protection as the Agency shall specify.

(2) Any conditions attached to an approval of the Agency under subsection (1) shall be attached by the Minister for the Marine to the grant by him of the relevant authorisation.

(3) The Minister for the Marine shall, following consultation with the Minister, by regulations specify the procedures under which the approval of the Agency under this section shall be obtained, including the period within which the Agency shall give a decision with regard to an approval, and different procedures or different periods may be prescribed in relation to different leases, licences, permits, or other authorisations or to different classes thereof.

(4) The Minister for the Marine may, where he is of opinion that it is in the public interest to do so and with the consent of the Minister, by order provide that any class of case not provided for by regulations under subsection (1), should, for the purposes of environmental protection, be subject to the approval of the Agency and the requirements of subsection (1) shall apply to such class of case so long as the relevant order remains in force.

(5) An order under subsection (4) may, following the agreement of the Minister, include such matters as may be prescribed under subsection (3) in relation to the class of case concerned.

(6) The Minister for the Marine may, by order, with the consent of the Minister, amend or revoke an order under subsection (4).

Annotations

Amendments:

F80

Inserted (30.06.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 80, S.I. No. 203 of 1998.

Section 74

Environmental audit.

74

74.(1) In this section, “environmental audit” means in relation to any process, development or operation, a systematic, documented and objective periodic assessment of the organisational structure, management systems, processes and equipment pertaining to, or incidental to, that process, development or operation, for the purposes of environmental protection and, in particular for the purposes of—

(a) facilitating management control of practices which may have an impact on environmental protection,

(b) assessing compliance with enactments related to environmental protection and with such environmental conditions as may be attached to any licence or permit granted or issued in connection with the aforesaid process, development or operation, and

(c) minimising the impact of the process, development or operation on the environment.

(2) (a) The Agency may promote the carrying out of environmental audits.

(b) The Agency may, and shall at the request of the Minister, prepare and publish guidelines on the carrying out of environmental audits, and such guidelines may relate to all processes, developments or operations or to any particular class of process, development or operation or to processes, developments or operations in particular areas or classes of areas.

(3) Without prejudice to the generality of subsection (2), guidelines may relate to—

(a) the aims of an environmental audit,

(b) the expertise to be included in an environmental audit team,

(c) the criteria to be considered and procedures to be followed in carrying out an environmental audit.

(4) For the purposes of promoting the carrying out of environmental audits, the Agency may, in relation to any process, development or operation or classes of processes, developments or operations—

(a) provide such assistance and support, on such terms and conditions as may be agreed with any person or body, for the purposes of developing and carrying out environmental audits or pilot or demonstration projects, and

(b) organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations, training courses or publications.

Section 75

Environmental quality objectives.

75

75.(1) The Agency shall, in relation to any environmental medium and without prejudice to its functions under section 103, specify and publish quality objectives which the Agency considers reasonable and desirable for the purposes of environmental protection.

(2) Without prejudice to subsection (1), the Agency may—

(a) prepare guidelines or recommendations on the manner and the period within which quality objectives could be achieved,

(b) identify the public authorities or other bodies which may contribute to the achievement of such objectives,

(c) assess the resources, including staff and funding, which would be required to achieve such objectives, or

(d) arrange for the dissemination of information on any of the matters provided for by this subsection or any other relevant matter to the Minister or any other Minister of the Government or other public authority or other body which in the opinion of the Agency may contribute to the achievement of such objectives.

(3) Without prejudice to the operation or effect of any standard, limit value, order or other matter specified or prescribed or otherwise in force by or under any enactment, the Minister and any other Minister of the Government and any other public authority shall take into account any quality objective drawn up and published by the Agency in the formulation of policy, in the setting of standards or in the exercise of any of their other functions concerning environmental protection.

Section 76

Codes of practice.

76

76.(1) The Agency may—

(a) prepare and publish codes of practice, or

(b) approve of a code of practice or any part of a code of practice drawn up by any other body,

for the purpose of providing practical guidance with respect to compliance with any enactment or otherwise for the purposes of environmental protection F81[or radiological protection, in particular matters referred to in section 8(f) of the Radiological Protection Act 1991].

(2) The Agency shall, before publishing or approving of a code of practice or approving of any part of a code of practice, consult and have regard to any views of the Minister and any other Minister of the Government or other person or body that appears to the Agency to be appropriate, or that may be prescribed.

(3) Where the Agency publishes or approves of a code of practice or approves of any part of a code of practice it shall publish a notice to that effect in Iris Oifigiúil, specifying the enactment or matter in relation to which the code is published or approved of and the date from which the code shall have effect.

(4) The Agency may, following consultation with the Minister and any other Minister of the Government or any other person or body that appears to the Agency to be appropriate, or that may be prescribed—

(a) revoke or revise the whole or part of any code of practiceprepared and published by it, or

(b) withdraw its approval of any code of practice or any part of a code of practice.

(5) Where the Agency revokes or revises, or withdraws its approval of, a code of practice or any part of a code of practice it shall publish a notice to that effect in Iris Oifigiúil.

Annotations

Amendments:

F81

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 31, S.I. No. 354 of 2014.

Section 77

Evidence of code of practice.

77

77.A document under the seal of the Agency purporting to be a code, or part of a code, of practice published or approved of by the Agency under section 76, shall be received in evidence without further proof.

Section 78

Labelling of products and services.

78

78.(1) The Agency shall, if it considers it necessary or desirable to do so, having regard to any act of an institution of the European Communities relating to a Community labelling scheme, establish or arrange for the establishment of a scheme or schemes for the use of a special symbol or symbols on the labels of specified products or in connection with specified services which meet specified criteria and standards as to their impact on the environment.

(2) Without prejudice to the generality of subsection (1), the Agency may—

(a) set the criteria and standards under which a special symbol can be used on the labels of products or in connection with services,

(b) provide for procedures and other matters in relation to the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol including fees relating to such use or to accompany such applications,

(c) carry out, cause to be carried out, or arrange for, the testing and analysis of products or services related to their use of a special symbol to ensure compliance with the said criteria and standards,

(d) provide for charges for the carrying out of tests or analyses,

(e) carry out, cause to be carried out, or arrange for, monitoring of the use of a special symbol,

(f) determine the product categories or services to which such a scheme would apply,

(g) prepare and publish periodic reports on the scheme,

(h) publicise details of the scheme.

(3) The Agency shall consult with such public authorities and such other persons and bodies, as may be prescribed, in the preparation, amendment or revocation of a scheme under this section.

(4) It shall be an offence—

(a) to use a symbol provided for in a scheme under this section, or under a Community environmental labelling scheme in force in the State, or a similar symbol, on the labelling of a product or in connection with a service which has not been approved under the scheme or for which the approval has been withdrawn or, if approved, no longer meets the standards and criteria of the scheme, or

(b) for a person to make a statement or claim in writing or otherwise in connection with the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol which to his knowledge is false or misleading in a material respect.

(5) The Agency may amend or revoke a scheme under subsection (1).

Section 79

General policy directives.

79

79.(1) The Minister may, whenever he thinks proper, give such general directives in writing to the Agency as to policy in relation to environmental protection F82[or radiological protection].

(2) In performing its functions the Agency shall have regard to any directives given by the Minister under this section.

F83[(3) Subject to subsection (3A), nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circum~ stances by the Agency of a function assigned to it by or under this Act.]

F84[(3A) Subsection (3) shall not affect the performance by the Minister of functions transferred (whether before or after the passing of the Minister for the Environment and Local Govern~ ment (Performance of Certain Functions) Act, 2002) to him from the Minister for Community, Rural and Gaeltacht Affairs by an order under section 6(1) of the Ministers and Secretaries (Amendment) Act, 1939.]

(4) Where the Minister gives a directive under this section he shall—

(a) as soon as may be cause a copy of the directive to be laid before each House of the Oireachtas,

(b) cause a notice of the issue of the directive to be published in Iris Oifigiúil and in at least one daily newspaper circulating in the State, and

(c) cause a copy of the directive to be transmitted to the Agency and to each planning authority.

(5) A notice under subsection (4) (b) shall specify where a copy of the directive to which it relates may be obtained and the fee (if any) payable in respect of such copy which shall not exceed the reasonable cost of making the copy.

Annotations

Amendments:

F82

Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 32, S.I. No. 354 of 2014.

F83

Substituted (3.07.2002) by Minister For the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002), s. 2, commenced on enactment.

F84

Inserted (3.07.2002) by Minister For the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002), s. 2, commenced on enactment.

Section 80

Consultation by the Agency.

80

80.The Agency shall consult with such public authorities, persons or bodies as it considers necessary or as may be prescribed in relation to the performance of its functions under this Act or such of those functions as may be prescribed and shall have regard to any views given or recommendations made by such public authority, person or body.

Annotations

Editorial Notes:

E244

Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2(1).

E245

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

Section 81

Consultation with the Agency.

81

81.The Agency shall be consulted by such public authorities prior to the discharge of such functions related to the environment as the Minister, following consultation with any other Minister of the Government who in the opinion of the Minister is concerned, may, by regulations, specify and such public authorities shall have regard to the views of the Agency prior to carrying out the functions specified.

Section 81A 14
81A

F85[Regulations in relation to environmental inspections.

14

81A.(1) The Minister may, for the purposes of environmental protection, make regulations providing for the carrying out by the Agency or a local authority of environmental inspections in connection with the performance of a statutory function of the Agency or a local authority in relation to environmental protection.

(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 organisation and carrying out of environmental inspections,

(b) the preparation of plans for environmental inspections, the procedures to be followed in the preparation of such plans, the scope and contents of such plans, arrangements for their review, and the period in respect of which they are to apply,

(c) the frequency of site visits and the matters to be examined in the course of such visits,

(d) the preparation of reports following site visits and the making of the reports publicly available, and the time within which each of those things is to be done,

(e) the investigation of incidents giving rise, or likely to give rise, to environmental pollution.

(3) In this section

"environmental inspections" shall be construed in accordance with European Parliament and Council Recommendation of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (1);

"local authority" has the meaning assigned to it by the Local Government Act 2001;

"site visit" means a visit to a site at which there is being, or has been, carried on any activity (whether an activity within the meaning of this Act or not), being a visit which the Agency or the local authority, as the case may be, may make in exercise of the powers conferred on it by any enactment (other than this section).]

Annotations

Amendments:

F85

Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 14, S.I. No. 498 of 2003.

(1) O.J. No. L118, 27.04.2001, p.41.

PART IV

F86[Integrated Pollution Prevention and Control]

Annotations

Amendments:

F86

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):

C25

Minimum licensing requirements for licensing installations under prescribed (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 4(3), in effect as per reg. 2.

Scope

4. (1) These Regulations apply to installations using organic solvents where the activity is listed in Schedule 1 and is operated within or above the specified solvent consumption thresholds set out in column 3 of Schedule 2.

(2) These Regulations do not apply to installations using organic solvents that are licensed by the Agency under Part IV of the Environmental Protection Agency Act 1992 (No. 7 of 1992).

(3) Notwithstanding paragraph 2, when licencing installations using organic solvents that are operated within or above the specified solvent consumption thresholds set out in column 3 of Schedule 2, under Part IV of the Environmental Protection Agency Act 1992 the Agency shall apply, as appropriate, licensing requirements that are at least equivalent to the requirements of Chapter V and Annex VII of the Directive.

C26

Provision for licence under section to be continued in certain circumstances made (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(3), commenced on enactment.

Relationship between Act of 1996 and Environmental Protection Agency Act, 1992, with regard to certain activities.

13. ...

(3) Where, immediately before the passing of this Act, a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 (“the Act of 1992”) is in force in respect of an activity, being an activity which, immediately before that passing—

(a) fell within paragraph 11.1, 11.2, 11.3 or 11.4 of the First Schedule to the Act of 1992, and

(b) was not connected or associated with another activity specified in any other paragraph of that Schedule,

then, notwithstanding subsections (1) and (2) of this section but subject to subsection (4) thereof—

(i) that licence or revised licence shall continue in force and the provisions of the Act of 1992 (apart from the amendment of them effected by the said subsection (1)) shall continue to apply in relation to it, and

(ii) section 39(1) of the Act of 1996 shall not apply in relation to that activity,

for such period as the Environmental Protection Agency may determine and specifies in writing.

(4) The period determined under subsection (3) of this section shall not, other than with the consent of the holder of the licence concerned, be less than 3 years from the passing of this Act.

C27

Alternative licenses provided for related activities and application of Part restricted by Waste Management Act 1996 (10/1996), s. 39A as inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 34, S.I. No. 498 of 2003).

[Licensing under this Part and Part IV of Act of 1992.

39A.— (1) The purpose of this section is to provide that, in relation to activities which are related to one another in the manner mentioned in this section, a single licence under either this Part or Part IV of the Act of 1992, but not a licence under both those Parts, will be required for the carrying on of those activities and that this Part or that Part IV applies, accordingly, to those activities.

(2) This section has effect in relation to the following activities, namely—

(a) the recovery or disposal of waste (‘the first activity’), and

(b) an activity specified in the First Schedule to the Act of 1992 (‘the second activity’),

where the first activity is carried on in a facility connected or associated with the second activity.

...

(4) If the Agency is of the opinion that the carrying on of the first activity will be subsidiary to the carrying on of the second activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of the Act of 1992—

(a) the first activity (irrespective of whether it would otherwise be so regarded) shall be regarded as an activity falling within section 82 of the Act of 1992 and, accordingly—

(i) the carrying on of it and of the second activity, shall require, and may be the subject of the grant of, a licence under Part IV of that Act, and

(ii) the provisions of that Part shall otherwise apply in relation to any such activity, and

(b) neither the carrying on of the second activity, if it would otherwise be regarded, nor of the first activity shall be regarded as requiring the grant of a waste licence under section 39(1).

]

Editorial Notes:

E246

Previous affecting provision: considerations for granting of a licence under prescribed (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a), in effect as per reg. 2(1).

E247

Previous affecting provision: power to make regulations to give effect to any Community act on waste provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 62(1), (2), S.I. No. 192 of 1996; repealed (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 46, S.I. No. 433 of 2011.

Section 82

Licences.

82

F87[82.(1) In this section "previous Part IV" means this Part as it had effect before the amendment of it by section 15 of the Protection of the Environment Act 2003.

(2) A person shall not carry on an activity, other than an established activity or an activity to which subsection (3) applies, unless a licence or revised licence under this Part is in force in relation to the activity.

(3) (a) A person shall not continue to carry on an activity (other than an established activity) the carrying on of which

(i) commenced on or after 30 October 1999 but before the commencement of section 15 of the Protection of the Environment Act 2003, and

(ii) was not licensable under the previous Part IV but is licensable under this Part,

unless, within the period of 6 months from the commencement of that section, a licence under this Part is in force in relation to it.

(b) Paragraph (a) is without prejudice to paragraph (c).

(c) The carrying on of an activity to which paragraph (a) relates shall, in the period before a licence in relation to the activity is granted or refused, be deemed not to have contravened the provisions of this Part provided that, within the period of 6 months referred to in paragraph (a), an application has been made for a licence in respect of that activity and the requirements of regulations made under section 89 in relation to the application for the licence have been complied with by the applicant therefor.

(4) (a) The Minister may, by order, provide that an established activity of any class specified in the order shall not be carried on, on or after such date as may be specified in the order, unless a licence or revised licence under this Part is in force in relation to the activity.

(b) Paragraph (a) is in addition to the circumstances specified in section 98 in which a licence is required under that section in respect of an established activity.

(5) In the period (following the specification of a date by an order under subsection (4)) before a licence in relation to the established activity concerned is granted or refused, the requirements of any other legislation relevant to the activity shall continue to apply.

(6) Notwithstanding the specification of a date by an order under subsection (4), the carrying on of an established activity to which the order relates shall, in the period before a licence in relation to the activity is granted or refused, be deemed not to have contravened the provisions of this Part provided that, before that specified date, an application has been made for a licence in respect of that activity and the requirements of regulations made under section 89 in relation to the application for the licence have been complied with by the applicant therefor.

(7) Every licence and revised licence granted under the previous Part IV and in force immediately before the commencement of section 15 of the Protection of the Environment Act 2003 shall, without prejudice to subsections (10) and (11), section 92 and the other provisions of this Act, continue in force; for the avoidance of doubt, the provisions of this Part, and not of the previous Part IV, shall apply to such a licence.

(8) Every application made under the previous Part IV for a licence, or the review of a licence or a revised licence, and every review of a licence or a revised licence commenced by the Agency of its own volition under the said Part IV, and not finally dealt with and determined or completed before the commencement of section 15 of the Protection of the Environment Act 2003, shall continue to be dealt with by the Agency, and be determined or completed by it, as if the application were an application for a licence, or the review of a licence or a revised licence under this Part or, as the case may be, the review were a review commenced by the Agency of its own volition under this Part.

(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).

(10) The Agency shall, not later than 30 September 2007, have done the following (which, by virtue of this subsection, it has power to do)

(a) examined the terms of every licence and revised licence to which subsection (7) applies and for the time being in force and determined whether, having regard to the provisions of the Directive and subsection (11), the licence or revised licence requires to be reviewed under this Part or be the subject of the exercise of the powers conferred by subsection (11), and

(b) if

(i) it has determined that the licence or revised licence requires to be so reviewed, commenced such a review and exercised the powers conferred on it by this Part consequent on such a review, or

(ii) it has determined that the licence or revised licence does not require to be so reviewed and subsection (11) does not apply and, accordingly, that no further action is required, declared in writing that it is of that opinion.

(11) If the bringing into conformity with the Directive of a licence or revised licence to which subsection (7) applies can, in the opinion of the Agency, be achieved by amending one or more of the conditions of the licence (and the making of those amendments will not significantly alter the character of the licence) then, unless the Agency considers it ought nevertheless, in the public interest or because of other special considerations, carry out the review and exercise the powers referred to in subsection (10)(b)(i) in relation to the licence, the Agency shall have made, not later than 30 September 2007, those amendments of the conditions of the licence or revised licence (which, by virtue of this subsection, it has power to do).]

Annotations

Amendments:

F87

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):

C28

Transitional arrangements for application of powers provided (22.10.2003) by Waste Management Act 1996 (10/1996), s. 39A, as inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 34, S.I. No. 498 of 2003.

Licensing under this Part and Part IV of Act of 1992.

39A.— ...

(9) For the avoidance of doubt, this section shall apply and, in particular, a declaration under it may be made in respect of an application made before the commencement of section 34 of the Protection of the Environment Act 2003, for a waste licence under section 39 or for a licence or revised licence under section 82 of the Act of 1992.

...

Editorial Notes:

E248

Power pursuant to subs. (4) exercised (30.06.2006) by Environmental Protection Agency Act 1992 (Established Activities) (Amendment) Order 2006 (S.I. No. 321 of 2006), in effect as per art. 2.

E249

Power pursuant to subs. (4) exercised (1.06.2006) by Environmental Protection Agency Act 1992 (Established Activities) Order 2006 (S.I. No. 279 of 2006), in effect as per art. 2.

E250

Power pursuant to subs. (2) exercised (8.12.1998) by Environmental Protection Agency Act 1992 (Established Activities) Order 1998 (S.I. No. 460 of 1998), in effect as per art. 2.

E251

Power pursuant to subs. (2) exercised (14.04.1997) by Environmental Protection Agency Act 1992 (Established Activities) Order 1997 (S.I. No. 140 of 1997), in effect as per art. 2.

E252

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.

E253

Power pursuant to subs. (2) exercised (16.04.1996) by Environmental Protection Agency Act 1992 (Established Activities) Order 1996 (S.I. No. 78 of 1996), in effect as per art. 2.

E254

Power pursuant to subs. (2) exercised (1.12.1995) by Environmental Protection Agency Act 1992 (Established Activities) (No. 2) Order 1995 (S.I. No. 204 of 1995), in effect as per art. 2.

E255

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.

E256

Power pursuant to subs. (2) exercised (3.04.1995) by Environmental Protection Agency Act 1992 (Established Activities) Order 1995 (S.I. No. 58 of 1995), in effect as per art. 2.

E257

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.

E258

Power pursuant to subs. (2) exercised (16.05.1994) by Environmental Protection Agency Act 1992 (Established Activities) Order 1994 (S.I. No. 83 of 1994), in effect as per art. 2.

E259

Previous affecting provision: power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1996 (S.I. No. 79 of 1996), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.

E260

Previous affecting provision: power pursuant to section exercised (2.08.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996); 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 subs. (2).

E261

Previous affecting provision: power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1995 (S.I. No. 59 of 1995), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.

E262

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).

Section 82A 82
82A

F88[Transitional matters for activities licensed under this Act consequent upon Industrial Emissions Directive.

82

82A. (1) In this section earlier Part IV means this Part as it had effect before the amendment of it by the European Union (Industrial Emissions) Regulations 2013.

(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless

(a) on the coming into operation of this section a licence or revised licence under the earlier Part IV is in force in relation to the activity, or

(b) in respect of the activity

(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and

(ii) on or before 7 January 2014

(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (6), is granted if required, under the earlier Part IV or this Part, as the case may be, and

(II) the licensee concerned commences carrying on the activity.

(3) Subsection (2) applies to any of the following activities:

(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input exceeding 50 MW;

(b) an activity specified in paragraph 9.3.1, 9.4.1, 9.4.2(a), 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 12.3, 1.1.1, 10.2, 10.3, 10.4, 4.3, 4.2.1 or 13.4.1 of the First Schedule;

(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by chemical processing;

(d) an activity specified in paragraph 8.1, 8.2, 8.5.1, 8.6.1, or 7.4.1 of the First Schedule;

(e) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as Directive 2008/1/EC) applies to the activity;

(f) an activity specified in paragraph 7.2.1, 7.7.1, 6.1, 6.2, 12.2.1, 9.4.3 or 13.5 of the First Schedule.

(4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless

(a) on the coming into operation of this section a licence or revised licence granted under the earlier Part IV is in force in relation to that activity, or

(b) in respect of the activity

(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and

(ii) on or before 7 July 2015

(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part IV or this Part, as the case may be, and

(II) the licensee concerned commences carrying on the activity.

(5) Subsection (4) applies to any of the following activities:

(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input of 50 MW;

(b) an activity specified in paragraph 9.4.2(b) of the First Schedule;

(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by biological processing;

(d) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC does not apply to the activity;

F89[(e) an activity specified in paragraph 8.3, 8.7 or 13.6 of the First Schedule.]

(6)(a) Where an application to which subsection (2)(b) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.

(b) Where an application to which subsection (2)(b) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.

(7)(a) Where an application to which subsection (4)(b) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.

(b) Where an application to which subsection (4)(b) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.

(8) A licence or revised licence referred to in subsection (2)(a) in force on the coming into operation of this section or (2)(b) and granted, in accordance with subsection (6)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have

(a) examined the terms of every licence and revised licence referred to in subsection (2)(a) or (2)(b) which was granted, in accordance with subsection (6)(a) under the earlier Part IV, and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and

(b) if

(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or

(ii) it has determined that the licence or revised licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(9) A licence or revised licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have

(a) examined the terms of every licence and revised licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part IV and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and

(b) if

(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or

(ii) it has determined that the licence or revised licence does not require be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(10)(a) None of the requirements of section 90 shall apply to the performance of functions conferred on the Agency under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before performing that function.

(b) Where the Agency considers that it is necessary for the purpose of the performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.

(c) The Agency shall, as soon as may be after the performance of functions conferred on it under subsection (8) or (9), notify particulars of the amendment effected by that performance to each person who made an objection to the Agency under section 87(5) in relation to any performance by the Agency of powers conferred on it under section 83 or 90 as respects the licence or revised licence concerned.

(11) If the bringing into conformity with the Industrial Emissions Directive of a licence or revised licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the licence or revised licence (and the making of the amendment will not significantly alter the character of the licence or revised licence) then, the Agency shall make those amendments of the conditions of or schedules to the licence or revised licence (which, by virtue of this subsection, it has power to do).]

Annotations

Amendments:

F88

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 8.

F89

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 28, S.I. No. 358 of 2015.

1 O.J. No. L24, 29.1.2008, p, 8.

Section 82B 82B
82B

F90[Provision supplemental to section 82.

82B

82B. ...]

Annotations

Amendments:

F90

Inserted (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 4, in effect as per reg. 1(2); set aside as ultra vires the European Communities Act 1972 (27/1972), s. 3 by Friends of the Irish Environment Limited v. Minister for Communications, Climate Act and Environment and Others [2019] IEHC 646 para. 221 and [2019] IEHC 685 para. 11.

Editorial Notes:

E263

The section title is taken from the amending section in absence of one included in the amendment.

Section 82C

F91[Exemption under section 5(1) of Act of 2022

82C

82C. The exemption in section 5(1) of the Act of 2022 applies in relation to an application for a licence pursuant to this Part in respect of designated development.

Annotations

Amendments:

F91

Inserted (30.03.2023) by Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), s. 3, S.I. No. 136 of 2023.]

Section

F92[Section 15 of Climate Action and Low Carbon Development Act 2015

82D. Taking into account the exceptional circumstances and the urgent and compelling necessity for securing the supply of electricity in the State set out in the Act of 2022, the Agency, in considering designated applications, shall do so in a manner consistent with the plans, strategy, framework and objectives referred to in section 15 (1) of the Climate Action and Low Carbon Development Act 2015 to the extent that it considers practicable, taking particular account of the said exceptional circumstances and urgent and compelling necessity.]

Annotations

Amendments:

F92

Inserted (30.03.2023) by Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), s. 3, S.I. No. 136 of 2023.

Section 83

F93[Determination of applications for licences.

83

83.(1) Where an application is made to the Agency in the prescribed manner for a licence under this Part it may, subject to section 99A and to compliance with any regulations under section 89, grant the licence subject to such conditions as it considers appropriate or refuse the application.

(2) Unless it considers that it is unnecessary to do so, the Agency shall carry out or cause to be carried out such investigations as it thinks appropriate or as may be prescribed

(a) prior to, and for the purposes of determining, any application made to it under this Part,

(b) as part of the review of a licence or revised licence commenced by the Agency under section 90, or

(c) for the purposes of section 82(10) or (11),

and may require the applicant or the licensee, as the case may be, to defray or contribute towards the cost of any such investigation.

F94[(2A)(a) In this subsection:

F95[alternative assessment has the meaning given to it by section 89(2A);]

application for a licence means an application made to the Agency

(i) for a licence under this Part, or

(ii) by the licensee under section 90(1)(b) for a review of a licence or revised licence;

F96["environmental impact assessment" means a process

(i) consisting of

(I) the preparation of an environmental impact assessment report by the applicant in accordance with this Act,

(II) the carrying out of consultation required by or under this Act,

(III) the examination by the Agency of

(A) the information presented in the environmental impact assessment report,

(B) any additional information provided by the applicant under this Act, and

(C) any relevant information received under this Act,

(IV) the reaching of a reasoned conclusion by the Agency in accordance with section 87(9a) on the significant effects of the proposed activity on the environment, taking into account the results of the examination referred to in subparagraph (III) and, where appropriate, its own supplementary examination, and

(V) the integration of the Agencys reasoned conclusion into its decision to grant a licence, or to refuse an application, under section 83(1) or a decision to amend a licence or revised licence, to grant a revised licence, or to refuse to grant a revised licence, under section 90(2),

and

(ii) including an examination, analysis and evaluation by the Agency in accordance with this section in order to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed activity, including significant effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on

(I) population and human health,

(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19925 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20096,

(III) land, soil, water, air and climate,

(IV) material assets, cultural heritage and the landscape, and

(V) the interaction between the factors mentioned in subparagraphs (I) to (IV);]

F95[environmental report means a report prepared in accordance with Regulation 7 of the Development (Emergency Electricity Generation) Regulations 2022 (S.I. No. 719 of 2022);]

(b) The Agency as part of its consideration of an application for a licence F95[, other than a designated application,] shall ensure before a licence or a revised licence is granted, and where the activity to which such licence or revised licence relates is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location, that, in accordance with this subsection and section 87(1A) to F97[(1I)], the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.

F98[(ba) Where the Agency receives an application for a licence F95[, other than a designated application,] in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) the Agency shall require the applicant for a licence to provide it with information on the characteristics of the activity and its likely significant effects on the environment.

(bb) Where an applicant is subject to a requirement by the Agency under paragraph (ba) it shall

(i) provide the information specified in Annex IIA to the EIA Directive, and

(ii) where relevant, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).

(bc) Where an applicant is subject to a requirement by the Agency under paragraph (ba) it may also provide a description of any features of the activity or measures envisaged to avoid or prevent significant adverse effects on the environment.

(bd) Where the Agency receives information from an applicant under paragraph (bb) it shall make a determination as to whether the activity to which the licence or revised licence applied for relates should be subject to environmental impact assessment on the basis of such information, taking into account the relevant selection criteria specified in Annex III to the EIA Directive and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).

(be) A determination under paragraph (bd) shall

(i) where the Agency determines that the activity should be subject to environmental impact assessment, specify with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination, and

(ii) where the Agency determines that the activity should not be subject to environmental impact assessment, specify

(I) with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination, and

(II) any features of the activity and measures proposed by the applicant, to avoid or prevent significant adverse effects on the environment relied upon by it in making the determination.

(bf) Where the Agency specifies a measure under paragraph (be)(ii)(II) as a measure relied upon by it in making the determination pursuant to section 83(2A)(bd), that an environmental impact assessment is not required in relation to an application for a licence, the Agency shall make carrying out the measure concerned a condition of any licence granted on that application.

(bg) Subject to paragraph (bh), the Agency shall make its determination under paragraph (bd) as soon as possible and within 90 days from the date on which the applicant has submitted all the information required by the Agency under paragraph (ba).

(bh) The Agency may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the proposed activity, extend the 90 day period referred to in paragraph (bf) in order to make its determination and in such cases it shall inform the applicant in writing of the reasons justifying the extension and of the date when its determination is expected.

(bi) The Agency shall make an electronic version of any determination under paragraph (bd) available to the public on its website.]

(c) Subject to paragraph (b) and section 87(1A) to F97[(1I)], an environmental impact assessment shall be carried out by the Agency in respect of an application for a licence F95[, other than a designated application,] relating to an activity, where development comprising or for the purpose of the activity is:

F99[(i) development of a class specified in Part 1 of Schedule 5 to the Planning and Development Regulations 2001, or]

F100[(ii) development of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 that the Agency determines would be likely to have significant effects on the environment.]

F95[(ca) An alternative assessment shall be carried out by the Agency in respect of a designated application.

(cb) A person making a designated application shall submit an environmental report to the Agency with the application.]

(d) Subject to section 87(1A) to F97[(1I)] an applicant for a licence F95[, other than a person making a designated application,] shall submit an F101[environmental impact assessment report] with the application for the licence made to the Agency

(i) where the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(i), or

(ii) where the Agency determines that the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) that would be likely to have significant effects on the environment,

F102[(dd) The applicant for a licence shall ensure that an environmental impact assessment report referred to in paragraph (d)

(i) is prepared by competent experts,

(ii) contains, subject to paragraph (df)

(I) a description of the proposed activity comprising information on the site (including information on the installation where the activity is to be carried out), design, size and other relevant features of the activity,

(II) a description of the likely significant effects of the proposed activity on the environment,

(III) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,

(IV) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment,

(V) a non-technical summary of the information referred to in clauses (I) to (IV),

(VI) any additional information specified in Annex IV of the EIA Directive that is relevant to the specific characteristics of the particular activity, or type of activity, proposed and to the environmental features likely to be affected,

and

(iii) takes into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments.

(de) The Agency shall, on the request of a person who has made, or intends to make, an application for a licence, where the request is made before the person has submitted an environmental impact assessment report

(i) consult the bodies prescribed by the Minister in regulations under section 89, and

(ii) taking into account the information provided by the applicant or intending applicant, in particular on the specific characteristics of the activity, including its location and technical capacity, and its likely impact on the environment, issue an opinion on the scope, and level of detail, of the information to be included by the applicant or intending applicant in the environmental impact assessment report in accordance with subsection (dd),

(df) Where the Agency issues an opinion under paragraph (de) the applicant shall

(i) prepare the environmental impact assessment report referred to in subsection (dd) based on that opinion, and

(ii) include in the report the information that may reasonably be required for reaching a reasoned conclusion in accordance with section 87(9a) on the significant effects of the proposed activity on the environment, taking into account current knowledge and methods of assessment.

(dg) The Agency shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.

(dh) In carrying out an environmental impact assessment in respect of an application for a licence or a revised licence, the Agency shall, where appropriate, co-ordinate the assessment with any assessment under Council Directive 92/43/EEC of 21 May 19927 or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20098.]

(e) The Agency shall request the production by the applicant of any additional or supplemental information that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.

(f) In relation to an application for a licence to which paragraph (d) refers

(i) the Agency shall consider the content of the F101[environmental impact assessment report] and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and

(ii) if the Agency determines that the F101[environmental impact assessment report] and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall

(I) identify the manner in which the content of the F101[environmental impact assessment report] and other material is inadequate, and

(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.

(g) In carrying out its consideration of an application for a licence and in carrying out an environmental impact assessment F95[or, as the case may be, an alternative assessment] the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.]

(3) In considering an application for a licence or a revised licence, or the review of a licence or a revised licence under this Part, the Agency shall have regard to

(a) any relevant air quality management plan under section 46 of the Air Pollution Act 1987, or water quality management plan under section 15 of the Local Government (Water Pollution) Act 1977, or waste management plan,

(b) any relevant noise regulations under section 106,

(c) any special control area order under section 39 of the Air Pollution Act 1987, in operation in relation to the area concerned,

(d) the policies and objectives of the Minister or the Government in relation to the prevention, elimination, limitation, abatement or reduction of emissions for the time being extant,

(e) F103[(i) the particulars submitted with the application including the F101[environmental impact assessment report] (if any) F104[or the environmental report (if any)] and any other material including maps or plans,]

(ii) any submissions or observations made to the Agency in relation to the F101[environmental impact assessment report], F104[or the environmental report]

(iii) any further information or particulars submitted in relation to the F101[environmental impact assessment report] F104[or the environmental report] in compliance with a notice given under regulations under F105[section 89,]

(iv) where appropriate, the comments of other Member States of the European Communities in relation to the effects on the environment of the proposed F105[activity, and]

F106[(v) where appropriate, in the case of an industrial emissions directive activity, in accordance with Article 26 of the Industrial Emissions Directive, any submissions or observations made to the Agency resulting from bilateral consultations with another Member State of the European Union,]

insofar as F107[the report], submissions, comments, observations, information or particulars relate to the effects on the environment of emissions from the F108[activity,]

(f) such other matters related to the prevention, elimination, limitation, abatement or reduction of emissions as it considers F109[necessary,

and]

F110[(g) in a case where the application relates to an industrial emissions directive activity, any emerging techniques in so far as those techniques are relevant to the activity and in particular those emerging techniques identified in the BAT reference documents relevant to the activity concerned.]

(4) (a) In granting a licence or revised licence, the Agency shall, subject to section 86(3) F111[and in the case of an industrial emissions directive activity, subject to section 86A(3)(b) or (4)], specify in the licence or the revised licence emission limit values for environmental pollutants likely to be emitted from the activity in significant quantities, having regard to their nature and their potential to transfer from one environmental medium to another.

F112[(aa) Where the Agency decides, in relation to an application for a licence to which subsection (2A)(c) refers, to grant a licence or a revised licence the Agency may attach such conditions to the licence or revised licence as it considers necessary to avoid, reduce and, if possible, offset the major adverse effects of the development or proposed development (if any) comprising or for the purposes of the activity to which the application for a licence relates.]

(b) The Minister may make regulations for the purposes of this subsection.

(c) Without prejudice to the generality of paragraph (b), regulations under this subsection may specify the principal polluting substances to which the Agency is to have regard in fulfilling its duty under paragraph (a).

(5) The Agency shall not grant a licence or revised licence for an activity

(a) unless it is satisfied that

(i) any emissions from the activity will not result in the contravention of any relevant air quality standard specified under section 50 of the Air Pollution Act 1987, and will comply with any relevant emission limit value specified under section 51 of the Air Pollution Act 1987,

(ii) any emissions from the activity will comply with, or will not result in the contravention of, any relevant quality standard for waters, trade effluents and sewage effluents and standards in relation to treatment of such effluents prescribed under section 26 of the Local Government (Water Pollution) Act 1977,

(iii) any emissions from the activity or any premises, plant, methods, processes, operating procedures or other factors which affect such emissions will comply with, or will not result in the contravention of, any relevant standard including any standard for an environmental medium prescribed under regulations made under the European Communities Act 1972, or under any other enactment,

(iv) any noise from the activity will comply with, or will not result in the contravention of, any regulations under section 106,

(v) any emissions from the activity will not cause significant environmental pollution,

(vi) the best available techniques will be used to prevent or eliminate or, where that is not practicable, generally to reduce an emission from the activity,

(vii) having regard to Part III of the Act of 1996, production of waste in the carrying on of the activity will be prevented or minimised or, where waste is produced, it will be recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,

F113[(viia) without prejudice to subparagraph (vii), waste generated in the carrying on of an industrial emissions directive activity, in order of priority in accordance with section 21A (inserted by Regulation 7 of the European Communities (Waste Directive) Regulations 2011) of the Act of 1996, will be prepared for re-use, recycled, recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,]

(viii) energy will be used efficiently in the carrying on of the activity,

F114[(viiia) in the case of an industrial emissions directive activity at an installation to which paragraph (11) of Regulation 23 of the European Union (Energy Efficiency) Regulations 2014 (S.I No. 426 of 2014) applies, and which is not the subject of an exemption under paragraph (19) or (20) of Regulation 23 of those Regulations, and where

(I) the Sustainable Energy Authority of Ireland has notified the applicant or licensee that its assessment of the cost-benefit analysis undertaken in accordance with those Regulations confirms the findings of the cost-benefit analysis, and

(II) the cost-benefit analysis concludes that the benefit of an energy efficient option exceeds its costs and this is confirmed by that Authority,

that the necessary measures will be taken by the applicant or licensee to implement that option,]

(ix) necessary measures will be taken to prevent accidents in the carrying on of the activity and, where an accident occurs, to limit its consequences for the environment and, in so far as it does have such consequences, to remedy those consequences,

(x) necessary measures will be taken upon the permanent cessation of the activity (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to a satisfactory state, and

F115[(xa) in the case of an industrial emissions directive activity, necessary measures referred to in subparagraph (x) including measures of appropriate duration shall be taken in accordance with section 86B,]

(xi) the applicant or licensee or transferee, as the case may be, is a fit and proper person to hold a licence,

and, where appropriate, the Agency shall attach conditions relating to the matters specified in the foregoing subparagraphs to the licence or revised licence,

and

(b) where an environmental quality standard requires stricter conditions to be attached to the licence or revised licence than would otherwise be determined by reference to best available techniques either

(i) without attaching to the licence or revised licence conditions of an appropriate kind for the purpose of that standard, or

(ii) where

(I) the proposed licensee or the licensee proposes, for the purpose of that standard, to take steps that are different from those that would be required by the imposition of conditions under subparagraph (i), and

(II) the Agency is satisfied that those steps, or those steps with such modifications of them as it considers appropriate, are appropriate for the purpose of that standard,

without attaching conditions to the licence or revised licence requiring those steps, or those steps as so modified, to be taken.

(6) The Agency may, before it does any of the following things, namely—

(a) decides whether to

(i) grant a licence or a revised licence, or

(ii) effect a transfer of a licence or a revised licence,

or

(b) completes a review of a licence or a revised licence,

require the applicant for the licence, the licensee in the case of a review (whether commenced by the Agency of its own volition or not), or the proposed transferee, as the case may be, to

(i) furnish to it such particulars in respect of such matters affecting his ability to meet the financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him in carrying on the activity to which the licence or revised licence relates or will relate, as the case may be, in accordance with the terms of the licence or in consequence of ceasing to carry on that activity as it may specify, and

(ii) make, and furnish evidence of having so made, such financial provision as it may specify (which may include the entering into a bond or other form of security) as will, in the opinion of the Agency, be adequate to discharge the said financial commitments or liabilities.

(7) A person who, pursuant to a requirement made of him under subsection (6), furnishes to the Agency any particulars or evidence which he knows to be false or misleading in a material respect shall be guilty of an offence.

(8) The Minister may make regulations for the purpose of subsection (6).

(9) Without prejudice to the generality of subsection (8), regulations under that subsection may specify by reference to the type of activity to which the licence or revised licence concerned relates or will relate

(a) the nature of the financial provision that the Agency may require a person to make under subsection (6)(ii),

(b) the matters to be had regard to by the Agency in determining the amount of financial provision that it may require a person to make under subsection (6)(ii).

(10) A person shall not be entitled solely by reason of a licence or revised licence under this Part to make, cause or permit an emission to any environmental medium.]

Annotations

Amendments:

F93

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

F94

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 4(1)(a), in effect as per reg. 1(2), with application as per regs. 4(2), 9.

F95

Inserted (30.03.2023) by Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), s. 4(a)(i)-(vii), S.I. No. 136 of 2023.

F96

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. 5(a).

F97

Substituted (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. 3(a), (b), (c), commenced on enactment, with application as per reg. 7.

F98

Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 5(b).

F99

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. 5(c)(i).

F100

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. 5(c)(ii).

F101

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).

F102

Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 5(d).

F103

Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 4(1)(b), in effect as per reg. 1(2), with application as per regs. 4(2), 9.

F104

Inserted (30.03.2023) by Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (6/2023), s. 4(b)(i)-(iii), S.I. No. 136 of 2023.

F105

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(i), (ii).

F106

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(iii).

F107

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(c).

F108

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(iv).

F109

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(v).

F110

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(iv).

F111

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(b).

F112

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 4(1)(c), in effect as per reg. 1(2), with application as per reg. 9.

F113

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(c)(i).

F114

Inserted (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 24.

F115

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(c)(ii).

Modifications (not altering text):

C29

Provision for costs of proceedings under section made (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011.

Costs of proceedings to be borne by each party in certain circumstances.

3.— (1) Notwithstanding anything contained in any other enactment or in—

(a) Order 99 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ),

(b) Order 66 of the Circuit Court Rules ( S.I. No. 510 of 2001 ), or

(c) Order 51 of the District Court Rules ( S.I. No. 93 of 1997 ),

and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.

(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.

(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—

(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,

(b) by reason of the manner in which the party has conducted the proceedings, or

(c) where the party is in contempt of the court.

(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.

Civil proceedings relating to certain licences, etc.

4.— (1) Section 3 applies to civil proceedings, other than proceedings referred to in subsection (3), instituted by a person—

(a) for the purpose of ensuring compliance with, or the enforcement of, a statutory requirement or condition or other requirement attached to a licence, permit, permission, lease or consent specified in subsection (4), or

(b) in respect of the contravention of, or the failure to comply with such licence, permit, permission, lease or consent,

and where the failure to ensure such compliance with, or enforcement of, such statutory requirement, condition or other requirement referred to in paragraph (a), or such contravention or failure to comply referred to in paragraph (b), has caused, is causing, or is likely to cause, damage to the environment.

(2) Without prejudice to the generality of subsection (1), damage to the environment includes damage to all or any of the following:

(a) air and the atmosphere;

(b) water, including coastal and marine areas;

(c) soil;

(d) land;

(e) landscapes and natural sites;

(f) biological diversity, including any component of such diversity, and genetically modified organisms;

(g) health and safety of persons and conditions of human life;

(h) cultural sites and built environment;

(i) the interaction between all or any of the matters specified in paragraphs (a) to (h).

(3) Section 3 shall not apply—

(a) to proceedings, or any part of proceedings, referred to in subsection (1) for which damages, arising from damage to persons or property, are sought, or

(b) to proceedings instituted by a statutory body or a Minister of the Government.

(4) For the purposes of subsection (1), this section applies to—

(a) a licence, or a revised licence, granted under section 83 of the Environmental Protection Agency Act 1992 ,

...

(5) In this section—

“damage”, in relation to the environment, includes any adverse effect on any matter specified in paragraphs (a) to (i) of subsection (2);

“statutory body” means any of the following:

(a) a body established by or under statute;

(b) a county council within the meaning of the Local Government Act 2001;

(c) a city council within the meaning of the Local Government Act 2001.

(6) In this section a reference to a licence, revised licence, permit, permission, approval, lease or consent is a reference to such licence, permit, lease or consent and any conditions or other requirements attached to it and to any renewal or revision of such licence, permit, permission, approval, lease or consent.

...

Additional proceedings to which section 3 applies.

6.— Section 3 applies to—

(a) proceedings in the High Court by way of judicial review or of seeking leave to apply for judicial review, of proceedings referred to in section 4 or 5,

(b) an appeal (including an appeal by way of case stated) from the District Court, Circuit Court or High Court in any proceedings referred to in section 4 or 5 or paragraph (a), and

(c) proceedings for interim or interlocutory relief in relation to any proceedings referred to in section 4 or 5 or paragraph (a).

Application to court for determination that section 3 applies to proceedings.

7.— (1) A party to proceedings to which section 3 applies may at any time before, or during the course of, the proceedings apply to the court for a determination that section 3 applies to those proceedings.

(2) Where an application is made under subsection (1), the court may make a determination that section 3 applies to those proceedings.

(3) Without prejudice to subsection (1), the parties to proceedings referred to in subsection (1), may, at any time, agree that section 3 applies to those proceedings.

(4) Before proceedings referred to in section 3 are instituted, the persons who would be the parties to those proceedings if those proceedings were instituted, may, before the institution of those proceedings and without prejudice to subsection (1), agree that section 3 applies to those proceedings.

(5) An application under subsection (1) shall be by motion on notice to the parties concerned.

C30

Application of section restricted (11.03.1998) by European Communities (Licensing of Incinerators of Hazardous Waste) Regulations 1998 (S.I. No. 64 of 1998), reg. 5.

Conditions necessary to give effect to certain provisions of the Council Directive

5. Notwithstanding sections 83(1) and 84 of the Act of 1992, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which these Regulations apply such conditions as are, in the opinion of the Agency, necessary to give effect to articles 3 to 12 of the Council Directive.

Editorial Notes:

E264

Subs. (2A) amended (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 5, in effect as per reg. 1(2); set aside as ultra vires the European Communities Act 1972 (27/1972), s. 3 by Friends of the Irish Environment Limited v. Minister for Communications, Climate Act and Environment and Others [2019] IEHC 646 para. 221 and [2019] IEHC 685 para. 11.

E265

Previous affecting provision: provision for disregarding of subs. (4)(a), (5)(a)(vi) in issuing a licence in certain circumstances made (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a).

E266

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 and sch. 2, subject to transitional provisions in reg. 42(2).

E267

Previous affecting provision: provisions to attach conditions to licences granted under Act made (3.07.2003) by European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003), reg. 5; revoked (7.01.2014) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(b), in as effect as per reg. 25(b).

E268

Previous affecting provision: specified standards for determination of application under prescribed (1.07.2001) by Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001), reg. 5(1), in effect as per reg. 1(2).

E269

Previous affecting provision: subs. (1A) inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 65(1)(b), S.I. No. 192 of 1996; section substituted and s. 65(1) repealed (12.07.2004) by Protection of the Environment Act 2003 (27/2003), ss. 15, 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.

E270

Previous affecting provision: subs. (3A) inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 65(1)(c), S.I. No. 192 of 1996; section substituted and s. 65(1) repealed (12.07.2004) by Protection of the Environment Act 2003 (27/2003), ss. 15, 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.

E271

Previous affecting provision: subs. (7)(b) amended (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(4), S.I. No. 192 of 1996; section substituted and s. 68(4) repealed (12.07.2004) by Protection of the Environment Act 2003 (27/2003), ss. 15, 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.

E272

Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), 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).

E273

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).

E274

Previous affecting provision: subs. (2)(cc) inserted (16.05.1994) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1994 (S.I. No. 84 of 1994), reg. 13, in effect as per reg. 2(2); section substituted and reg. 13 revoked (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 3(2) and sch. 2 part 2, S.I. No. 393 of 2004.

5 OJ No. L 206, 22.7.1992, p. 7

6 OJ No. L 20, 26.1.2010, p. 7

7 OJ No. L 206, 22.7.1992, p. 7

8 OJ No. L 20, 26.1.2010, p. 7

Section 84

F116[Provisions supplemental to, and consequential on, section 83.

84

84.(1) Where a licence or revised licence is required under this Part in respect of an activity, a licence under

(a) Part III of the Air Pollution Act 1987,

(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F117[]

(c) section 171 of F118[the Fisheries (Consolidation) Act 1959, or]

F119[(d) section 63 or 81 of the Water Services Act 2007,]

shall not be granted in relation to such activity.

(2) Where a licence or revised licence has been granted under this Part in respect of an activity, a licence under

(a) Part III of the Air Pollution Act 1987,

(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F120[]

(c) section 171 of F121[the Fisheries (Consolidation) Act 1959, or]

F122[(d) section 63 or 81 of the Water Services Act 2007,]

shall cease to have effect in relation to such activity.

(3) It shall be a good defence

(a) to a prosecution for an offence under any enactment other than this Part, or

(b) to proceedings under

(i) section 10 or 11 of the Local Government (Water Pollution) Act 1977,

(ii) section 20 of the Local Government (Water Pollution) (Amendment) Act 1990,

(iii) section 28, 28A or 28B of the Air Pollution Act 1987,

(iv) section 57 or 58 of the Act of 1996, or

(v) section 99H,

to prove that the act complained of is authorised by a licence or revised licence granted under this Part.

(4) For the purpose of this Part, a person shall be regarded as a fit and proper person if

(a) neither that person nor any other relevant person has been convicted of an offence under this Act, the Act of 1996, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 prescribed for the purposes of this subsection,

(b) in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him to direct or control the carrying on of the activity to which the licence or revised licence relates or will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence or revised licence and the other requirements of this Act, and

(c) in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers have been, or will be entered into or incurred by him in carrying on the activity to which the licence or revised licence relates or will relate, as the case may be, in accordance with the terms thereof or in consequence of ceasing to carry on that activity.

(5) The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whom subsection (4)(a) applies.

(6) The references in subsections (4) and (5) to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application or review concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.]

Annotations

Amendments:

F116

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

F117

Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(l), S.I. No. 846 of 2007.

F118

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(l), S.I. No. 846 of 2007.

F119

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(ll), S.I. No. 846 of 2007.

F120

Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(l), S.I. No. 846 of 2007.

F121

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(l), S.I. No. 846 of 2007.

F122

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(ll), S.I. No. 846 of 2007.

Modifications (not altering text):

C31

Application of section restricted (11.03.1998) by European Communities (Licensing of Incinerators of Hazardous Waste) Regulations 1998 (S.I. No. 64 of 1998), reg. 5.

Conditions necessary to give effect to certain provisions of the Council Directive

5. Notwithstanding sections 83(1) and 84 of the Act of 1992, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which these Regulations apply such conditions as are, in the opinion of the Agency, necessary to give effect to articles 3 to 12 of the Council Directive.

Editorial Notes:

E275

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).

E276

Previous affecting provision: application of section restricted (3.07.2003) by European Communities (Incineration of Waste) Regulations