Environmental Protection Agency Act 1992

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:

E199

Power pursuant to section exercised (19.09.2024) by European Communities (Greenhouse Gas Emissions Trading- Integrated Pollution Control Licensing) Regulations 2024 (S.I. No. 473 of 2024).

E200

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).

E201

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).

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 (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.

E205

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.

E206

Previous affecting provision: ower 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; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2024), reg. 14(e), in effect as per reg. 1(2).

E207

Previous affecting provision: 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); revoked (19.09.2024) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2024 (S.I. No. 471 of 2024), reg. 28(iii).

E208

Previous affecting provision: 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); revoked (19.09.2024) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2024 (S.I. No. 471 of 2024), reg. 28(ii).

E209

Previous affecting provision: ower 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; revoked (19.09.2024) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2024 (S.I. No. 470 of 2024), reg. 51(1)(a), in effect as per reg. 2.

E210

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).

E211

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).

E212

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.

E213

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).

E214

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.

E215

Previous affecting provision: power pursuant to section exercised (4.06.2010) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 (S.I. No. 261 of 2010); revoked (19.09.2024) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2024 (S.I. No. 471 of 2024), reg. 28(i).

E216

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).

E217

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.

E218

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.

E219

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.

E220

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.

E221

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).

E222

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).

E223

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).

E224

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.

E225

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.

E226

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).

E227

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).

E228

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.

E229

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.

E230

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.

E231

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.