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 Agency’s 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.]