Environmental Protection Agency Act 1992
F164[Oral hearing and written report.
88.—(1) (a) An oral hearing provided for in section 87 shall be conducted by a person or persons appointed for that purpose by the Agency.
(b) Subject to any regulations under subsection (5), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person or persons appointed under this subsection but it shall be the duty of that person or those persons, as the case may be, to ensure that the hearing is conducted without undue formality.
(2) The person or persons appointed under subsection (1) may take evidence on oath or affirmation at the oral hearing and for that purpose may administer oaths or affirmations, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(3) The person or persons appointed under subsection (1) shall make a written report on the objection or the objections made under section 87(5) and the hearing to the Agency and shall include in the report a recommendation relating to the grant or refusal of a licence or a revised licence and, where appropriate, the conditions to be attached to the licence or revised licence.
(4) The Agency shall consider a report made under subsection (3) before making a decision on the application for a licence, or on the review of a licence or revised licence.
(5) The Minister may make regulations in relation to the conduct of an oral hearing and the procedures at such a hearing.]
Annotations
Amendments:
F164
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Editorial Notes:
E300
Power pursuant to subs. (5) exercised (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013).
E301
Power pursuant to subs. (5) exercised (23.04.2013) by Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. No. 137 of 2013).
E302
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.
E303
Previous affecting provision: specified standards for the purposes of a review under subs. (4) prescribed (1.07.2001) by Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001), reg. 5(2), 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).
E304
Previous affecting provision: provision for review of licences in certain circumstances under subs. (1) granted (11.03.1998) by European Communities (Licensing of Incinerators of Hazardous Waste) Regulations 1998 (S.I. No. 64 of 1998), reg. 6; section substituted as per F-note above.
E305
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).