Environmental Protection Agency Act 1992
F195[Charges in relation to emissions.
99.—(1) The Agency may, in accordance with regulations made by the Minister, with the consent of the Minister for Finance and the Minister for Enterprise, Trade and Employment, under this section, make charges in relation to such emissions to the environment from such activities as may be specified in the regulations.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following purposes—
(a) specifying the emissions in relation to which a charge under this section may be imposed,
(b) specifying the manner in which such a charge is to be imposed,
(c) specifying the method by which the amount of such charge is to be calculated,
(d) enabling the Agency to make different charges under this section in respect of different emissions and in different circumstances,
(e) specifying the manner in which representations may be made to the Agency regarding the imposition of a charge under this section and providing for the procedures to be followed in respect of such representations,
(f) providing for the amendment, revocation or review of charges imposed under this section.
(3) The Agency may recover the amount of any charges made by it under this section from the person by whom they are payable as a simple contract debt in any court of competent jurisdiction.]
Annotations
Amendments:
F195
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Modifications (not altering text):
C41
Functions under subs. (1) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 7 of 1992 |
Environmental Protection Agency Act 1992 |
Sections 27(12) and (13), 41(5), 46, 50(1) and (2), 99(1) and 99A(3) |
|
... |
... |
... |
Editorial Notes:
E332
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.
E333
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), 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).