Environmental Protection Agency Act 1992

99A

F196[Fees.

99A.(1) The Minister may make regulations providing for the payment to the Agency, or such other public authority or other body as may be specified, of fees in relation to

(a) applications for licences under section 83,

F197[(b) reviews of licences or revised licences carried out under section 90(1)(b),]

(c) reviews carried out pursuant to determinations under section 82(10)(b),

(d) examinations carried out under section 82(10)(a),

(e) an objection made to the Agency under section 87(5),

(f) a request for an oral hearing under section 87,

(g) an application made to the Agency in relation to the extension for the purposes of section 92 of a period mentioned in that section,

(h) applications for the transfer of licences or revised licences under section 94,

(i) applications for the surrender of licences or revised licences under section 95,

(j) the operation of an accreditation scheme or an analytical quality control programme under section 66,

(k) the operation of a labelling scheme under section 78,

(l) the operation of a system of control for the prevention or limitation of noise F197[under section 106,]

(m) the operation of a system of control over genetically modified organisms under section 111,

F198[(n) reviews of licences or revised licences carried out under section 90(1)(a),

(o) reviews of licences or revised licences carried out under section 90(1)(aa),

(p) reviews of licences or revised licences carried out under section 90(4),

(q) reviews of licences or revised licences carried out under section 90(5), or

(r) notwithstanding section 96(2), amendments of licences or revised licences under section 96(1).]

and the regulations may provide for different fees or for exemption from the payment of fees or for the waiver, remission or refund (in whole or in part) of fees in different circumstances or classes of circumstances or for different cases or classes of cases and for the manner in which fees are to be disposed of.

(2) Where under regulations under this section a fee is payable in respect of any application or matter, the application or matter shall be invalid and shall not be decided or otherwise dealt with, as may be appropriate, by the Agency or such other public authority or other body as may be concerned unless the Agency or other public authority or other body, as the case may be, is in receipt of the fee.

F197[(3) Regulations under paragraph (a), (b), (c), (n), (o), (p), (q) or (r) of subsection (1) shall not be made otherwise than with the consent of the Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation.]]

F198[(4) The Agency may recover any amount due and owing to it under this section from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.]

Annotations

Amendments:

F196

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

F197

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 29 (a)(i), (a)(ii), (b), S.I. No. 358 of 2015.

F198

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 29 (a)(iii), (c), S.I. No. 358 of 2015.

Modifications (not altering text):

C42

Functions under subs. (3) 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.

...

Schedule 1

Enactments

...

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:

E334

Power pursuant to section exercised (24.07.2013) by Environmental Protection Agency (Licensing Fees) Regulations 2013 (S.I. No. 284 of 2013).

E335

Power pursuant to section exercised (1.06.2006) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2006 (S.I. No. 278 of 2006), in effect as per reg. 2.

E336

Power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 2004 (S.I. No. 410 of 2004), in effect as per reg. 2.