Environmental Protection Agency Act 1992

Environmental monitoring programme.


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.