Environmental Protection Agency Act, 1992

Environmental Protection Agency Act, 1992 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1992 Environmental Protection Agency Act, 1992 Environmental Protection Agency Act, 1992 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 7 of 1992 ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Environmental protection, environmental pollution and environmental medium. 5. Best available technology not entailing excessive costs. 6. Regulations. 7. Orders. 8. Offences. 9. Penalties. 10. Payment of certain fines to Agency. 11. Prosecution of offences. 12. Cost of prosecutions. 13. Powers of authorised person. 14. Service of notices. 15. Immunity of Agency. 16. Indemnification of Director General, directors and other persons. 17. Expenses of Minister. 18. Amendment of Act of 1963 and Air Pollution Act, 1987. PART II Environmental Protection Agency 19. Establishment of Environmental Protection Agency. 20. Incorporation of Agency. 21. Director General. 22. Deputy Director General. 23. General functions of Director General and Deputy Director General. 24. Directors. 25. Meetings and procedure of Agency. 26. Agency's quorum, vacancies, etc. 27. Advisory Committee. 28. Functions of Advisory Committee. 29. Staff of the Agency. 30. Transfer of staff of public authorities. 31. Conditions related to transfer of staff. 32. Dissolution of An Foras Forbartha Teoranta. 33. Superannuation of Director General and directors. 34. Superannuation of staff of Agency. 35. Membership of House of Oireachtas or European Parliament. 36. Membership of a local authority. 37. Declaration of interests. 38. Disclosure of interests. 39. Disclosure of confidential information. 40. Prohibition of certain communications. 41. Committees and consultative groups. 42. Consultants and advisers. 43. Establishment of regional environmental units. 44. Provision of services to Agency. 45. Agreements between Agency and other public authorities. 46. Grants to Agency. 47. Borrowing by Agency. 48. Acceptance of gifts by Agency. 49. Charges for services. 50. Accounts and audits. 51. Annual report and information to Minister. PART III Functions of the Agency 52. Functions generally. 53. Assignment of additional functions. 54. Transfer of functions. 55. Advisory functions in relation to Ministers of the Government. 56. Advisory functions in relation to local authorities. 57. Assistance to local authorities. 58. Drinking water. 59. Sewage or other effluents. 60. Agency functions in relation to water or sewage treatment. 61. Monitoring in relation to sanitary authorities' effluents. 62. Landfill sites for waste disposal. 63. Performance of statutory functions by local authorities. 64. Hydrometric programme. 65. Environmental monitoring programme. 66. Establishment of an accreditation scheme. 67. Access to monitoring results. 68. Monitoring activities of public authorities. 69. Environmental quality data storage system. 70. State of the environment reports. 71. Environmental research. 72. Environmental impact assessment. 73. Environmental approval. 74. Environmental audit. 75. Environmental quality objectives. 76. Codes of practice. 77. Evidence of code of practice. 78. Labelling of products and services. 79. General policy directives. 80. Consultation by the Agency. 81. Consultation with the Agency. PART IV Integrated Pollution Control 82. Licences. 83. Grant of licences. 84. Conditions attached to a licence. 85. Processing of applications for licences or reviews of licences. 86. Oral hearing and written report. 87. Regulations regarding licences. 88. Review of licences. 89. Register of licences. 90. Limit on duration of licence. 91. Change of ownership of activity. 92. Alterations of activity. 93. Charges in relation to emissions. 94. Fees. 95. Special cases. 96. Monitoring of environmental quality and emissions. 97. Discharges to sewers. 98. Application of other Acts. 99. Transitional arrangements. PART V General Pollution Control 100. Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977. 101. Extension to Agency of certain powers under Air Pollution Act, 1987. 102. Management plans. 103. Emission limit values and quality standards. 104. Special reports and investigations. 105. Inquiries. PART VI Miscellaneous 106. Regulations for control of noise. 107. Power of local authority or Agency to require measures to be taken to prevent or limit noise. 108. Noise as a nuisance. 109. Safety, Health and Welfare at Work Act, 1989. 110. Access to information on the environment. 111. Genetically modified organisms. 112. Register kept in computer or other non-legible form and evidence of entries. 113. Increase of certain penalties. FIRST SCHEDULE Activities to which Part IV applies SECOND SCHEDULE Enactments in respect of which Functions may be Transferred to the Agency THIRD SCHEDULE Amendment of Air Pollution Act, 1987 Acts Referred to Air Pollution Act, 1987 1987, No. 6 Civil Service Regulation Act, 1956 1956, No. 46 Criminal Procedure Act, 1967 1967, No. 12 European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Act, 1984 1984, No. 6 European Communities Act, 1972 1972, No. 27 Fisheries (Consolidation) Act, 1959 1959, No. 14 Harbours Act, 1946 1946, No. 9 Health Act, 1970 1970, No. 1 Holidays (Employees) Act, 1973 1973, No. 25 Local Authorities (Works) Act, 1949 1949, No. 17 Local Government Act, 1941 1941, No. 23 Local Government (Planning and Development) Act, 1963 1963, No. 28 Local Government (Planning and Development) Act, 1982 1982, No. 21 Local Government (Roads and Motorways) Act, 1974 1974, No. 6 Local Government (Sanitary Services) Act, 1948 1948, No. 3 Local Government (Sanitary Services) Act, 1962 1962, No. 26 Local Government (Sanitary Services) Act, 1964 1964, No. 29 Local Government (Water Pollution) Act, 1977 1977, No. 1 Local Government (Water Pollution) (Amendment) Act, 1990 1990, No. 21 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Public Health (Ireland) Act, 1878 1878, c. 52 Safety, Health and Welfare at Work Act, 1989 1989, No. 7 The Dublin Corporation Waterworks Act, 1861 1861, c. 172 Unfair Dismissals Act, 1977 1977, No. 10 Waterworks Clauses Act, 1847 1847, c. 17 Waterworks Clauses Act, 1863 1863, c. 93 European Communities Regulations Referred to European Communities (Asbestos Waste) Regulations, 1990 S.I. No. 30 of 1990 European Communities (Control of Water Pollution by Asbestos) Regulations, 1990 S.I. No. 31 of 1990 European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 S.I. No. 221 of 1988 European Communities (Environmental Impact Assessment) Regulations, 1989 S.I. No. 349 of 1989 European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988 S.I. No. 81 of 1988 European Communities (Toxic and Dangerous Waste) Regulations, 1982 S.I. No. 33 of 1982 European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988 S.I. No. 248 of 1988 European Communities (Waste) Regulations, 1979 S.I. No. 390 of 1979 European Communities (Waste) Regulations, 1984 S.I. No. 108 of 1984 Number 7 of 1992 ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE PROTECTION OF THE ENVIRONMENT AND THE CONTROL OF POLLUTION, TO ESTABLISH AN ENVIRONMENTAL PROTECTION AGENCY, FOR THESE AND OTHER PURPOSES TO INCREASE CERTAIN EXISTING MONETARY PENALTIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [23rd April, 1992] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title. 1.—This Act may be cited as the Environmental Protection Agency Act, 1992. Commencement. 2.—(1) Part I (other than section 18 (1)), Part II (other than section 43 ), Part III , Part IV (other than section 93 ) and Part VI will come into operation on the passing of this Act. (2) The remaining provisions of this Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision or with reference to a particular area or areas, and different days may be so fixed for different purposes and different provisions of this Act and for different areas. Interpretation. 3.—(1) In this Act, unless the context otherwise requires— “activity” means any process, development or operation specified in the First Schedule ; “the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ; “authorised person” means a person who is— (a) appointed in writing by a Minister, a local authority or the Agency or by such other person or body as may be prescribed, as the case may be, to be an authorised person for the purposes of this Act or any Part or section thereof, or (b) appointed in writing to be an authorised person pursuant to regulations under this Act by a person specified in those regulations; “development” has the meaning assigned to it by section 3 of the Act of 1963; “disposal”, in relation to waste, includes the collection, sorting, carriage, treatment, storage and tipping above or under ground, and the transformation operations necessary for its recovery, reuse or recycling; “emission” means— (a) an emission into the atmosphere of a pollutant within the meaning of the Air Pollution Act, 1987 , (b) a discharge of polluting matter, sewage effluent or trade effluent within the meaning of the Local Government (Water Pollution) Act, 1977 , to waters or sewers within the meaning of that Act, (c) the disposal of waste, or (d) noise; “employee of the Agency” does not include the Director General or other director of the Agency; “enactment” includes any instrument made under an enactment; “environmental medium”, “environmental pollution” and “environmental protection” have the meanings respectively assigned to them by section 4 ; “established activity” means an activity— (a) in respect of which a permission under Part IV of the Act of 1963 is granted prior to such day (in this paragraph and in paragraph (b) referred to as “the relevant day”) as may be prescribed by the Minister and which on the relevant day has not ceased to have effect, in accordance with the provisions of sections 2 and 4 of the Local Government (Planning and Development) Act, 1982 , or (b) which is, on the day immediately prior to the relevant day, or was, at any time during the period of twelve months ending on the day immediately prior to the relevant day, carried on, other than an activity which involves or is associated with an unauthorised structure or an unauthorised use within the meaning of the Act of 1963; “functions” includes powers and duties; “local authority” means— (a) in the case of the administrative county of Dublin, other than the borough of Dún Laoghaire, the council of the county of Dublin, (b) in the case of the borough of Dún Laoghaire, the corporation of the borough, (c) in the case of a county borough, the corporation of the county borough, and (d) in the case of any other administrative county, the council of the county, and references to the functional area of a local authority shall be construed accordingly; “the Minister” means the Minister for the Environment; “monitoring” includes the inspection, measurement, sampling or analysis for the purposes of this Act of any emission, or of any environmental medium in any locality, whether periodically or continuously; “noise” includes vibration; “occupier”, in relation to any premises, includes the owner, a lessee, any person entitled to occupy the premises and any other person having, for the time being, control of the premises; “person in charge” includes an occupier of a premises or a manager, supervisor or operator of an activity; “planning authority” has the meaning assigned to it by the Act of 1963; “plant” includes any equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used for the purposes of, or incidental to, any activity specified in the First Schedule ; “premises” includes any messuage, building, vessel, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage; “prescribed” means prescribed by regulations made by the Minister; “public authority” means— (a) a Minister of the Government, (b) the Commissioners of Public Works in Ireland, (c) a local authority for the purposes of the Local Government Act, 1941 , (d) a harbour authority within the meaning of the Harbours Act, 1946 , (e) a health board established under the Health Act, 1970 , (f) a board or other body established by or under statute, (g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or (h) a company in which all the shares are held by a board, company, or other body referred to in paragraph (f) or (g) of this definition; “public place” includes any place to which the public have access, whether by right or by permission, or whether subject to, or free of charge; “sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964; “statutory undertaker” has the meaning assigned to it by the Act of 1963; “vessel” means a waterborne craft of any type, whether self propelled or not, and includes an air cushion craft and any structure in or on water; “waste management plan” means a waste plan prepared under Article 4 (2) of the European Communities (Waste) Regulations, 1979, or a special waste plan within the meaning assigned to it under the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ; “works”, in relation to sections 90 , 106 and 107 , has the meaning assigned to it by the Act of 1963. (2) In this Act a reference to a section, Part or Schedule, is a reference to a section, Part or Schedule of this Act, unless there is an indication that a reference to any other enactment is intended. (3) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless there is an indication that a reference to some other provision is intended. (4) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment. (5) This Act applies, inter alia, to activities operated by or in the charge of the State. Environmental protection, environmental pollution and environmental medium. 4.—(1) In this Act “environmental protection” includes— (a) the prevention, limitation, elimination, abatement or reduction of environmental pollution, and (b) the preservation of the quality of the environment. (2) In this Act “environmental pollution” means— (a) “air pollution” for the purposes of the Air Pollution Act, 1987 , (b) the condition of waters after the entry of polluting matter within the meaning of the Local Government (Water Pollution) Act, 1977 , (c) the disposal of waste in a manner which would endanger human health or harm the environment and, in particular— (i) create a risk to waters, the atmosphere, land, soil, plants or animals, (ii) cause a nuisance through noise or odours, or (iii) adversely affect the countryside or places of special interest, or (d) noise which is a nuisance, or would endanger human health or damage property or harm the environment. (3) In this Act— “environmental medium” includes the atmosphere, land, soil and waters; “waters” has the meaning assigned to it by the Local Government (Water Pollution) Act, 1977 . Best available technology not entailing excessive costs. 5.—(1) Subject to subsection (3), a reference in this Act to the use of the best available technology not entailing excessive costs to prevent or eliminate, or where that is not practicable, to limit, abate or reduce an emission from an activity, shall be construed as meaning the provision and proper maintenance, use, operation and supervision of facilities which, having regard to all the circumstances, are the most suitable for the purposes. (2) For the purposes of subsection (1), regard shall be had to— (a) in the case of an activity other than an established activity— (i) the current state of technical knowledge, (ii) the requirements of environmental protection, and (iii) the application of measures for these purposes, which do not entail excessive costs, having regard to the risk of significant environmental pollution which, in the opinion of the Agency, or any other licensing authority in relation to section 111 , exists; (b) in any other case, in addition to the matters specified in paragraph (a)— (i) the nature, extent and effect of the emission concerned, (ii) the nature and age of the existing facilities connected with the activity and the period during which the facilities are likely to be used or to continue in operation, and (iii) the costs which would be incurred in improving or replacing the facilities referred to in subparagraph (ii) in relation to the economic situation of activities of the class concerned. (3) (a) The Agency may, from time to time as occasion demands, specify the best available technology not entailing excessive costs for preventing, limiting, eliminating, abating or reducing such emissions as may be specified either from an activity or activities of a particular class or description and regard shall be had, in the administration of this Act, to any such specifications. (b) Where the Agency specifies the best available technology not entailing excessive costs in relation to an emission from an activity as provided for in paragraph (a), a direction issued under section 5 (3) of the Air Pollution Act, 1987 , related to such emission shall cease to have effect in relation to such emission. (4) Whenever the Agency issues a specification under subsection (3), it shall cause, as soon as may be— (a) a copy of such specification to be sent to the Minister, each local authority, An Bord Pleanála and such other bodies, if any, as may be prescribed, (b) notice of the issue of the specification to be published in Iris Oifigiúil and (c) a copy of the specification to be made available to every person who makes application for such a copy on payment of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making the copy. (5) Section 5 of the Air Pollution Act, 1987 , is hereby amended by the insertion of the following subsection after subsection (4): “(4A) Directions under subsection (3) shall not be issued in relation to an activity for the purposes of the Environmental Protection Agency Act, 1992, or in relation to any process, development or operation as regards which an order has been made, and remains in force, under section 95 of the said Act.”. (6) In this section— “facilities” includes plant and premises; “an emission from an activity” includes a release of a genetically modified organism as defined in section 111 ; “activity” includes any process or action involving a genetically modified organism. Regulations. 6.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act. (2) Regulations made under this Act may make different provisions in relation to different areas, different circumstances and different classes of cases. (3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Orders. 7.—(1) The Minister may, by order, revoke or amend any order made by him under this Act, other than an order under section 2 , 19 (2) or 32 (1). (2) The Minister may, by order, after consultation with the Agency, revoke or amend the First Schedule or the Second Schedule . (3) Where it is proposed to make an order under subsection (2) or under section 21 (6) (a), 100 , 101 or 102 a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. (4) Every order made under this Act, other than an order made under subsection (2) or (3), shall be laid before each House of the Oireachtas as soon as may be after it is made. Offences. 8.—(1) Any person who contravenes any provision of this Act or of any regulation made under this Act or of any order made under this Act or of any notice served under this Act shall be guilty of an offence. (2) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence. (3) In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal, or a failure, to comply with that provision. Penalties. 9.—(1) A person guilty of an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £10,000,000 or to imprisonment for a term not exceeding ten years or, at the discretion of the court, to both such fine and such imprisonment. (2) In imposing any penalty under subsection (1) the court shall, in particular, have regard to the risk or extent of damage to the environment arising from the act or omission constituting the offence. (3) Where a person, after conviction of an offence under this Act, continues to contravene the provision, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable to a fine, on summary conviction, not exceeding £200 or, on conviction on indictment, not exceeding £100,000. Payment of certain fines to Agency. 10.—Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, prosecuted by the Agency, it shall, on the application of the Agency (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency and such payment may be enforced by the Agency, as if it were due to it on foot of a decree or order made by the court in civil proceedings. Prosecution of offences. 11.—(1) An offence under this Act may be prosecuted summarily by the Agency. (2) Notwithstanding subsection (1), the Minister may, by regulations, provide that an offence under this Act, specified in the regulations, may be prosecuted summarily by such person (including the Minister) as may be so specified. (3) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be commenced— (a) at any time within twelve months from the date on which the offence was committed, or (b) at any time within six months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person's knowledge, whichever is the later: provided that no such proceedings shall be initiated later than five years from the date on which the offence concerned was committed. (4) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence relating to the offence came to his knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown. Cost of prosecutions. 12.—Where a person is convicted of an offence under this Act committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers. Powers of authorised person. 13.—(1) An authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter any premises and to bring therein such other persons (including members of the Garda Síochána) or equipment as he may consider necessary for the purpose. (2) Subject to subsection (6), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry. (3) Every authorised person shall be furnished with a certificate of his appointment and, when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person. (4) Whenever an authorised person enters any premises pursuant to this section, he may therein— (a) make such plans, take such photographs and carry out such inspections, (b) make such tests and take such samples, (c) require from the occupier of the premises or any person employed on the premises or from any other person on the premises such information, or (d) inspect such plant, vehicles, records and documents, as he, having regard to all the circumstances, considers necessary for the purposes of, and exercising any power conferred on him by or under, this Act. (5) Any person who— (a) refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section, (b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him by this section, (c) gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or (d) fails or refuses to comply with any requirement of this section, shall be guilty of an offence. (6) Where an authorised person in the exercise of his powers under this section is prevented from entering any premises, or where he has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he was appointed may apply to the District Court for a warrant authorising such entry. (7) The Minister may make regulations for the purposes of this section. (8) Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters— (a) the taking of samples and the carrying out of tests, examinations and analyses, (b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses, or (c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given. (9) Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown. Service of notices. 14.—(1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways— (a) by addressing it to him by name and delivering it to him, (b) by leaving it at the address at which he ordinarily resides, (c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides, (d) if an address for the service of notices has been furnished by him, by leaving it at, or sending it by prepaid registered post addressed to him to, that address, or (e) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any premises, process, works or development, by delivering it to a person over the age of 16 years employed thereon or resident in the premises, or by affixing it in a conspicuous position on or near the premises, process, works or development. (2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be. (3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. (4) A person shall not at any time during the period of three months after a notice is affixed under subsection (1) (e) remove, damage or deface the notice without lawful authority. Immunity of Agency. 15.—No action or other proceedings shall lie or be maintainable against the Agency or any body referred to in section 44 or 45 for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions conferred on the said Agency or body. Indemnification of Director General, directors and other persons. 16.—Where the Agency is satisfied that the Director General or other director or authorised person appointed by the Agency, or any other employee of the Agency has discharged his duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, it shall indemnify the Director General or other director or authorised person of the Agency or any other employee of the Agency, against all actions or claims howsoever arising in respect of the discharge by him of his duties. Expenses of Minister. 17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Amendment of Act of 1963 and Air Pollution Act, 1987. 18.—(1) Section 51 of the Act of 1963 is hereby repealed. (2) The Air Pollution Act, 1987 , is hereby amended as provided for in the Third Schedule . PART II Environmental Protection Agency Establishment of Environmental Protection Agency. 19.—(1) There shall be a body to be known as An Ghníomhaireacht um Chaomhnú Comhshaoil or, in the English language, the Environmental Protection Agency (in this Act referred to as the Agency) to perform the functions assigned to it by or under this Act. (2) The Agency shall stand established on such day as the Minister by order appoints. (3) The Agency shall consist of a Director General and four other directors. Incorporation of Agency. 20.—(1) The Agency shall be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land. (2) The Agency shall provide itself with a seal. (3) The seal of the Agency shall be authenticated by the signature of the Director General or of some other director or of a person, being an employee of the Agency or a person whose services are availed of by, or supplied to, the Agency under section 44 , authorised by the Agency to act in that behalf. (4) Judicial notice shall be taken of the seal of the Agency and every document purporting to be an instrument made by the Agency and to be sealed with the seal (purporting to be authenticated in accordance with subsection (3)) of the Agency shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown. Director General. 21.—(1) The Director General shall be appointed by the Government. (2) A committee shall be established consisting of— (a) the Secretary to the Government, (b) the Secretary of the Department of the Environment, (c) the Chairperson of the Council of An Taisce—the National Trust for Ireland, (d) the Managing Director of the Industrial Development Authority, (e) the General Secretary of the Irish Congress of Trade Unions, and (f) the Chief Executive of the Council for the Status of Women. (3) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and— (a) any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee, or (b) any of the persons aforesaid is through ill-health or otherwise unable so to act for any period, the Minister may appoint in the case of— (i) the Secretary of the Government, some other officer of the Taoiseach who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 , (ii) the Secretary of the Department of the Environment, some other officer of the Minister for the Environment, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 , (iii) in any other case, some other person from the organisation or body referred to in subsection (2) to which the person referred to at paragraph (a) or (b) belongs, to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made. (4) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and at the time of making the request any of the offices specified in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made. (5) Where pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil. (6) (a) The Minister may, by order, amend subsection (2). (b) Where an order under this subsection is for the time being in force, subsection (2) shall be construed and have effect subject to the terms of the order. (7) (a) The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the Director General and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected. (b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the Director General. (8) Except in the case of a reappointment under subsection (13), the Government shall not appoint a person to be the Director General unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (7) in relation to that appointment. (9) Notwithstanding subsection (7) or (8), if the Government decide not to appoint to be the Director General any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request— (a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or (b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment. (10) Notwithstanding subsection (7) or (8), if the committee is unable to select any suitable candidate pursuant to a particular request— (a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or (b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment. (11) The Minister may make regulations as regards— (a) the publication of notice that a request has been received by the committee under subsection (7), (9) or (10), (b) applications for selection, (c) any other matter which the Minister considers expedient for the purposes of this section. (12) The Director General shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable. (13) Subject to the provisions of this section— (a) the term of office of the Director General shall be seven years, (b) the Director General may be reappointed by the Government for a second or subsequent term of office of seven years or less if, at the time of his reappointment, he is the outgoing Director General. (14) (a) The Director General may resign his office by letter addressed to the Minister. (b) The Director General shall vacate the office of Director General on attaining the age of sixty-five years. (15) (a) The Director General shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister,with the consent of the Minister for Finance, may determine. (b) Subject to the provisions of this section, the Director General shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine. (16) The Director General may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions and, in case the Director General is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal. Deputy Director General. 22.—(1) The Agency shall appoint from among the directors a person to be Deputy Director General of the Agency and such appointment shall be for such period, not exceeding the current term of his office of director, as shall be specified in the appointment. (2) If at any time the Deputy Director General ceases to be a director, he shall also cease to be Deputy Director General· (3) The Deputy Director General may, in addition to his remuneration as a director, be paid such additional remuneration (if any) as the Minister, with the consent of the Minister for Finance, may determine. (4) The Deputy Director General may resign his office by letter addressed to the Agency. General functions of Director General and Deputy Director General. 23.—It shall be the function of the Director General or, where he is not available or where the office of Director General is vacant, of the Deputy Director General— (a) to ensure the efficient discharge of the business of the Agency, and (b) to arrange the distribution of the business of the Agency among its directors. Directors. 24.—(1) The directors of the Agency shall be appointed by the Government. (2) The Minister may, after consultation with the Director General (where a Director General is in office) or the Deputy Director General (where a Deputy Director General is in office) if there is no Director General in office, by order specify qualifications for all posts, or any particular post, of director. (3) (a) Where a director is to be appointed pursuant to subsection (1), the committee provided for in section 21 shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the director and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected. (b) In selecting candidates the committee shall have regard to the special knowledge and experience, including relevant experience in environmental matters, and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the director. (4) Except in the case of a reappointment under subsection (9), the Government shall not appoint a person to be a director unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (3) in relation to that appointment. (5) Notwithstanding subsection (3) or (4), if the Government decide not to appoint to be a director any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request— (a) the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or (b) the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment. (6) Notwithstanding subsection (3) or (4), if the Committee is unable to select any suitable candidate pursuant to a particular request— (a) the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or (b) the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment. (7) The Minister may make regulations as regards— (a) the publication of notice that a request has been received by the committee under subsection (3) or (5), (b) applications for selection, (c) any other matter which the Minister considers expedient for the purposes of this section. (8) Each director shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable. (9) Subject to the provisions of this section— (a) a director shall hold office for such term (not exceeding five years) as shall be specified by the Government when appointing him, (b) a director may be reappointed by the Government for a second or subsequent term of office for five years or less if at the time of his reappointment he is an outgoing director. (10) (a) A director may resign his office by letter addressed to the Minister. (b) A director shall vacate his office of director on attaining the age of sixty-five years. (11) (a) A director shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister, with the consent of the Minister for Finance, may determine. (b) Subject to the provisions of this section, each director shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine. (12) A director may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions, and in case a director is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal. Meetings and procedure of Agency. 25.—(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions. (2) The Director General and each director shall have one vote at a meeting of the Agency. (3) At a meeting of the Agency— (a) the Director General shall, if present, chair the meeting, (b) if and for so long as the Director General is not present, or if the office of Director General is vacant, the Deputy Director General shall, if present, chair the meeting, (c) in any other case, the directors who are present shall choose one of their number to chair the meeting. (4) Every question at a meeting of the Agency shall be determined by a majority of votes of the directors present and, in the event that voting is equally divided and there are more than two directors present, the person chairing the meeting shall have a casting vote. (5) Subject to the requirements of this Act and any regulations made thereunder the Agency shall regulate its own procedure and business. (6) (a) Subject to paragraph (b), the Agency may perform or exercise any of its functions through or by any director of the Agency or other person or body who, in either case, has been duly authorised by the Agency in that behalf. (b) Paragraph (a) shall not be construed as enabling the Agency to authorise a person who is not a director of the Agency finally to determine a decision on the granting, whether with or without conditions, or a refusal, of a licence or revised licence or on any prescribed matter. Agency's quorum, vacancies, etc. 26.—(1) The quorum for a meeting of the Agency shall be not less than two. (2) Subject to subsection (1), the Agency may act notwithstanding a vacancy or vacancies in the office of Director General or among the directors. (3) Where a vacancy occurs in the office of Director General, or among the directors, the Minister shall, as soon as may be, take steps to fill the vacancy. (4) (a) Where, owing to the illness of the Director General or of a director, or for any other reason, a sufficient number of directors of the Agency is not available to enable the Agency effectively to perform its functions, the Minister may, as an interim measure, appoint from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956 , one or more persons to be a director and, where necessary, one to be Deputy Director General. (b) A person shall not be appointed to be a director or Deputy Director General under this subsection for a term in excess of six months and may not be reappointed on more than three occasions. Advisory Committee. 27.—(1) There shall be a committee (hereinafter called the Advisory Committee) to perform the functions assigned to it by or under this Act. (2) The number of members of the Advisory Committee shall, subject to subsection (11), be twelve. (3) (a) The Director General, or the Deputy Director General if and for so long as the Director General is not present or if the office of the Director General is vacant, shall, ex officio, be a member and shall chair the meetings of the Advisory Committee. (b) In the event of the offices of Director General and Deputy Director General being vacant the Minister shall designate one of the other directors of the Agency to be a member of the Advisory Committee and to chair its meetings until either the Director General or the Deputy Director General is appointed. (4) The directors other than the Director General shall be entitled to attend and be heard at meetings of the Advisory Committee but shall not be eligible to vote. (5) The Minister may prescribe for the purposes of subsection (6)— (a) organisations which in his opinion are representative of persons whose professions or occupations relate to environmental protection, (b) organisations which in his opinion are concerned with environmental protection, (c) organisations which in his opinion are concerned with the promotion of economic or other development, (d) organisations which in his opinion are concerned with the promotion in relation to the community of social, economic or general interests, (e) organisations which in his opinion are representative of persons concerned with environmental education or research. (6) The members of the Advisory Committee shall be appointed by the Minister as follows— (a) not less than one shall be so appointed from among persons selected by the organisations which for the time being stand prescribed under a particular paragraph of subsection (5), subject to seven persons being appointed in all, (b) four other members shall be appointed by the Minister. (7) The organisations prescribed under a particular paragraph of subsection (5) shall, whenever so requested by the Minister, select such number (not being less than four) of candidates as the Minister may specify for appointment and shall inform the Minister of the names of the candidates selected. (8) Except in the case of an appointment pursuant to subsection (6) (b) and subject to subsection (10), the Minister shall not appoint a person to be a member of the Advisory Committee unless the person was among those selected pursuant to a request under subsection (7) in relation to that appointment. (9) Notwithstanding subsection (7) or (8)— (a) if the appropriate organisations prescribed under a particular paragraph of subsection (5) refuse or fail to select any candidate pursuant to a particular request under subsection (7), or (b) if the Minister decides not to appoint as a member any of the candidates selected by such organisations pursuant to the request, then either— (i) the Minister shall appoint as a member a person who was among those selected by such organisations pursuant to a previous request (if any) under that subsection in relation to that appointment, or (ii) the Minister shall make a further such request and he shall appoint as a member a person who was among those selected pursuant to that request or pursuant to another such request made in relation to that appointment. (10) Where a request is made pursuant to subsection (7), failure or refusal by any or all of the organisations of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by any of the aforesaid organisations or by any other organisation. (11) The Advisory Committee may act notwithstanding vacancies in its membership. (12) A member of the Advisory Committee shall be appointed for such term (not exceeding three years) as shall be specified by the Minister when appointing him (on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines) and a member whose term of office expires by the effluxion of time shall be eligible for reappointment. (13) A member of the Advisory Committee shall be paid, out of moneys at the disposal of the Agency, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines. (14) The Advisory Committee may regulate, by standing orders or otherwise, its procedure or business. (15) The Minister may fix the date, time and place of the first meeting of the Advisory Committee. (16) The Minister may make regulations as regards— (a) the period within which the Minister is to be informed in accordance with subsection (7), (b) any other matter which the Minister considers expedient for the purposes of this section. (17) (a) A member of the Advisory Committee may resign from office by letter addressed to the Minister. (b) The Minister may remove from office a member of the Advisory Committee if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or for stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Advisory Committee of its functions. Functions of Advisory Committee. 28.—(1) (a) It shall be the duty of the Advisory Committee to make recommendations to the Agency or to the Minister relating to the functions of the Agency. (b) The Agency or the Minister, as may be appropriate, shall have regard to any recommendations made by the Advisory Committee. (2) Without prejudice to the generality of subsection (1), the Advisory Committee may make recommendations— (a) to the Agency in relation to— (i) general staff requirements of the Agency but excluding decisions in relation to particular posts, individual employees, pay, grading and conditions, (ii) the provision of services, including laboratory facilities, required by the Agency, (iii) the provision of services, including laboratory facilities, by the Agency, (iv) standards, guidelines and codes of practice in relation to environmental protection, (v) the research programme of the Agency, its financing and priorities, (vi) the annual work programme of the Agency and priorities for different elements of the work programme, (vii) the organisation and promotion of training conferences and related matters for the purposes of environmental protection, (viii) any other matters related to the functions of the Agency, (b) to the Minister in relation to— (i) the assignment of specific functions to the Agency, (ii) the financing of the Agency, (iii) the activities or classes of activities for which the Agency should have licensing functions under Part IV , (iv) the assignment to the Agency of responsibility for specific environmental matters, (v) any other matter which, in the opinion of the Advisory Committee, is relevant to the effective performance by the Agency of its functions. (3) The Minister may consult the Advisory Committee on any matter arising in relation to his functions with respect to environmental protection. (4) The Advisory Committee shall be entitled to be informed at its meetings by the Director General, or a person appointed by him for the purpose, about the work of the Agency but (subject to section 110 ) not in relation to the detail of particular cases, and provided always that disclosure of such information shall not be in breach of section 39 . (5) Subject to section 110 , the Advisory Committee shall not as of right be entitled— (a) to receive specific information in relation to the processing of an application for, or the review of, an individual licence or revised licence under Part IV , or (b) to have any recommendations regarding such a licence taken into account. Staff of the Agency. 29.—(1) The Agency may appoint such persons to be employees of the Agency as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading. (2) (a) An employee of the Agency shall be paid, out of moneys at the disposal of the Agency, such remuneration and allowances for expenses as the Agency, with the consent of the Minister and the Minister for Finance, may determine. (b) An employee of the Agency referred to in paragraph (a) shall hold his employment on such other terms (including terms specifying the duration of such employment) and conditions as the Agency, with the consent of the Minister and the Minister for Finance, may determine. Transfer of staff of public authorities. 30.—(1) The Minister may, from time to time, following consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned, request a public authority to designate for employment by the Agency employees of that authority whose principal duties relate to a function assigned or transferred to the Agency under this Act, or to be so assigned or transferred to the Agency, and the authority shall comply with such request. (2) A public authority may, with the consent of the Minister who shall consult with the Agency on the matter, designate for employment by the Agency any person employed by the public authority. (3) A public authority shall not designate an employee under subsection (1) or (2), without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intenti …