Environmental Protection Agency Act 1992

99B
99B

F197[Special cases.

15

99B.(1) The Minister may, by order, as respects any process, development or operation that is not specified in the First Schedule, do both of the following, namely, provide that

(a) any requirement under

(i) Part III of the Air Pollution Act 1987,

(ii) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F198[]

(iii) section 171 of F199[the Fisheries (Consolidation) Act 1959, or],

F200[(iv) section 63 or 81 of the Water Services Act 2007,]

as appropriate, that a licence under such an enactment be in force for the carrying on of the process, development or operation shall cease to apply to it,

and

(b) a licence under this Part shall be required for the carrying on of it,

and where such an order is made the provisions of this Act shall apply in relation to the process, development or operation concerned as if it were an activity for so long as the order remains in force.

(2) Without prejudice to the generality of subsection (1), an order under this section may be made

(a) because of the location of the process, development or operation, or the quality of the environment in the area in which the process, development or operation will be carried out,

(b) because, at the time of the enactment of this Act or the most recent amendment of the First Schedule, no such process, development or operation existed in the State, or

(c) because evidence related to any impact on the environment of such process, development or operation which was not available has become available.]

Annotations

Amendments:

F197

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

F198

Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(iv)(I), S.I. No. 846 of 2007.

F199

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(iv)(I), S.I. No. 846 of 2007.

F200

Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(iv)(II), S.I. No. 846 of 2007.