Environmental Protection Agency Act 1992
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.]
Inserted (30.07.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 47, S.I. No. 354 of 2014.
Substituted (25.01.2019) by Radiological Protection (Amendment) Act 2018 (8/2018), s. 32, S.I. No. 10 of 2019.
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.