(5)Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.
\n
(6)The Agency may, after consultation with the persons or bodies (if any) referred to in subsection (1), amend or revoke a programme.
\n
Establishment of an accreditation scheme.
\n
66.—(1) (a) The Agency may, for the purposes of assessing analytical performance and ensuring the validity and comparability of environmental data, establish, or arrange for the establishment of, an analytical quality control programme involving its own laboratories, laboratories provided and operated by local authorities, and such other laboratories as it deems appropriate from which data are submitted to the Agency in connection with the performance of any of its functions. (b) The Agency may require any such laboratory to furnish it with such data as it may request for the purposes of any such programme. (c) Without prejudice to the generality of paragraph (a), the Agency may establish different analytical quality control programmes for different laboratories or for different tests.
\n
(2)The Agency may require any laboratory which supplies environmental data to the Agency or in connection with any function under this Act to be accredited in accordance with Irish Standard I.S./EN 45001: 1989—General Criteria for the Operation of Testing Laboratories—or equivalent and with such other or further standards as may be set, from time to time, by the National Standards Authority of Ireland or equivalent standards.
\n
(3)The Agency may provide for the imposition of charges and the payment of fees in connection with the provision of services or any procedural matters under this section.
\n
(4)The Agency shall maintain a register of laboratories which comply with the requirements of subsection (1) or which are required to be accredited under subsection (2).
\n
(5)The register shall include a list of tests to which such compliance or accreditation relates and shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.
\n
Access to monitoring results.
\n
67.—The Agency shall keep and maintain, or cause to be kept and maintained, such records, including such summary records, of the results of any monitoring carried out, caused to be carried out, or arranged by it under this Act as it considers necessary for the purposes of any of its functions and shall, subject to section 39 , make such records available, or cause such records to be made available, for inspection by the public at all reasonable times, and, as the Agency considers appropriate, publish, or cause to be published, such records.
\n
Monitoring activities of public authorities.
\n
68.—(1) The Agency shall exercise general supervision over the monitoring carried out by local authorities (and such other public authorities as may be prescribed) for the purposes of any enactment relating to environmental protection.
\n
(2)The Agency shall keep itself informed of the nature and extent of the monitoring carried out by each local authority and by each public authority prescribed under subsection (1).
\n
(3)For the purposes of subsection (2), the Agency may require a local authority or other public authority prescribed under subsection (1) to provide information within a specified period on— (a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring, (b) the manner in which samples and measurements are taken and analyses are carried out, (c) the equipment being used for the purposes of taking such samples and measurements or of carrying out such analyses, (d) the results of such monitoring, and the authority shall not unreasonably withhold the information sought.
\n
(4)The Agency may, for the purposes of subsection (1), of its own volition, or at the request of a local authority or other public authority prescribed under subsection (1), advise the authority in relation to— (a) the number and location of places within an area at which monitoring should be carried out and the frequency of such monitoring, (b) the manner in which samples and measurements are to be taken and analyses are to be carried out, (c) the equipment to be used for the purposes of taking such samples and measurements or of carrying out such analyses, (d) the manner in which the results of such monitoring should be published or otherwise made available.
\n
(5)The Agency may provide such services including general support, back-up, advice and assistance, as it considers necessary for the discharge by a local authority or other public authority prescribed under subsection (1) of its monitoring operations.
\n
(6)The Agency may make arrangements with a local authority or other public authority prescribed under subsection (1) on such terms and conditions as may be agreed, for the provision of services under subsection (5).
\n
(7)The Agency shall, at intervals not exceeding three years, prepare and publish a report on the monitoring operations of local authorities and other public authorities prescribed under subsection (1) and may, at more frequent intervals, report on monitoring operations related to particular environmental issues, or to particular areas, or to particular local authorities or to particular public authorities prescribed under subsection (1).
\n
(8)A report under subsection (7) shall be laid by the Minister before each House of the Oireachtas.
\n
Environmental quality data storage system.
\n
69.—(1) The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, establish and maintain, or arrange to have established and maintained, a data base related to environmental quality.
\n
(2)Without prejudice to the generality of subsection (1), the data base shall include information on— (a) ambient air quality, (b) the quality of inland waters, estuarial and coastal waters, and groundwaters, (c) soil quality, (d) noise levels, (e) inventories of emissions to the environment, and (f) such other matters as may be prescribed.
\n
(3)For the purposes of this section, the Agency may require any public authority to make available to it, in such manner and at such times as it may specify, any information related to environmental quality in the control or possession of that authority and the authority shall not unreasonably withhold such information.
\n
(4)(a) The Agency may make arrangements for information related to environmental quality held by any person or body to be supplied to it in such manner and on such terms and conditions as may be agreed and for such information to be included in the data base. (b) The Agency may compile and maintain a register of sources of data related to environmental quality and the register shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.
\n
(5)The Agency shall, subject to subsection (4) and section 39 and on such terms and conditions as it thinks fit, make arrangements for public access to information contained in a data base prepared under this section.
\n
State of the environment reports.
\n
70.—The Agency shall— (a) within a period of five years after it is established and in every fifth year thereafter, or (b) within such other periods as may be prescribed, prepare and publish a report on the quality and condition of the environment in the State.
\n
Environmental research.
\n
71.—(1) The functions of the Agency in relation to environmental research shall include the matters specified in this section.
\n
(2)(a) The Agency shall advise the Minister on the need for environmental research and shall, at such intervals as the Minister may specify (or, where for the time being no intervals are specified by the Minister, at such intervals as it thinks fit) prepare programmes of such research. (b) Programmes under this section shall specify— (i) the subjects in relation to which research is necessary and the objectives of such research, (ii) the manner in which and the persons or bodies by which such research could be carried out, (iii) the estimated cost of particular research projects or operations. (c) Programmes under this section shall be prepared after consultation with such persons or bodies as may be prescribed.
\n
(3)(a) The Agency shall, from time to time, prepare and publish registers of environmental research projects and operations being carried out, or proposed to be carried out, in the State and which shall be available for inspection by any person free of charge at the Agency's headquarters during office hours. (b) The Agency shall, insofar as is practicable, co-ordinate environmental research in the State and, for that purpose, may advise any public authority or any other person or body at the request of such person or body in relation to the allocation of financial support or other facilities for such research.
\n
(4)The Agency may assist by money or in kind, or by the provision of services and facilities (including the services of staff), any person or body carrying out, or proposing to carry out, environmental research.
\n
(5)The Agency may carry out, cause to be carried out, or arrange for, environmental research in accordance with a programme prepared under subsection (2).
\n
(6)The Agency shall, in consultation with the Minister, establish and maintain liaison with the Commission of the European Communities and any other international organisation in relation to programmes of environmental research carried out, promoted, or assisted by the Commission or such other organisation, and shall promote and facilitate, as far as possible, participation in such programmes by persons and bodies in the State.
\n
Environmental impact assessment.
\n
72.—(1) (a) Subject to Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, and subsections (3) and (3A) of section 4 of the Local Government (Roads and Motorways) Act, 1974 , or to any provision amending or replacing that Article or those subsections, the Agency may, and shall at the request of the Minister, or of any other Minister of the Government in relation to those matters for which that Minister is the competent authority, prepare guidelines on the information to be contained in environmental impact statements in respect of development to which this section applies. (b) The Agency shall, in preparing such guidelines, consult with the Minister and with any other Minister who in the opinion of the Agency is concerned.
\n
(2)Guidelines under subsection (1) may relate to all development, or to any particular class of development, to which this section applies.
\n
(3)(a) Regard shall be had, in the preparation of an environmental impact statement in respect of development to which this section applies, to any guidelines under subsection (1) which relate to the development concerned. (b) A competent authority to which an environmental impact statement is submitted in respect of development to which this section applies shall, in considering the said statement, have regard to any guidelines under subsection (1) which relate to the development concerned.
\n
(4)(a) A copy of an environmental impact statement prepared in respect of any development or class of development to which this section applies other than an activity for which a licence or revised licence under
\n
Part IV
\n
is required, shall be sent to the Agency by the person or body on whose behalf the environmental impact statement is prepared, at such time as may be prescribed. (b) (i) The Agency may, having considered an environmental impact statement received pursuant to paragraph (a), make to the competent authority concerned such submissions or observations as it considers appropriate within such period as may be prescribed. (ii) Where an environmental impact statement received by the Agency pursuant to paragraph (a) relates to development other than development by a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, a copy of any submissions or observations submitted to the competent authority under subparagraph (i) shall be sent by the Agency to the person or body by whom the environmental impact statement was sent pursuant to paragraph (a). (c) A competent authority which receives submissions or observations from the Agency under paragraph (b) (i) shall, notwithstanding the provisions of any other enactment as to the matters to which that authority is to have regard in dealing with a case involving an environmental impact statement, have regard to such submissions or observations.
\n
(5)The Agency shall be consulted and regard shall be had to its views, in the case of any development to which this section applies, before— (a) a decision is made on an application for an exemption from a requirement of any enactment to prepare an environmental impact statement, or (b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, decides that Article 23 (1) (a) shall not apply in relation to the proposed development.
\n
(6)Any submissions or observations made by the Agency under subsection (4) (b) (i) or subsection (5) shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.
\n
(7)This section shall apply to— (a) development which is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any enactment amending or replacing that Article, and (b) a motorway which has the meaning assigned to it by the Local Government (Roads and Motorways) Act, 1974 .
\n
(8)In this section, unless the context otherwise requires— “competent authority” means— (a) a Minister of the Government or other public authority or body to which an environmental impact statement in respect of development to which this section applies is required by or under any enactment to be submitted, or (b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, by which an environmental impact statement in respect of development to which this section applies is required to be prepared; “environmental impact statement” includes an “environmental impact study” for the purposes of the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988.
\n
Environmental approval.
\n
73.—(1) The Minister shall, with the consent of the Minister for the Marine, make regulations providing, in relation to all or any leases, licences, permits, or other authorisations which the Minister for the Marine is empowered under law to grant, or to the renewal of any such leases, licences, permits or other authorisations, that such leases, licences, permits or other authorisations, or specified classes thereof, shall, for the purposes of environmental protection, be subject to the approval of the Agency and such approval may be given either without conditions or subject to such conditions related to the purposes of environmental protection as the Agency shall specify.
\n
(2)Any conditions attached to an approval of the Agency under subsection (1) shall be attached by the Minister for the Marine to the grant by him of the relevant authorisation.
\n
(3)The Minister for the Marine shall, following consultation with the Minister, by regulations specify the procedures under which the approval of the Agency under this section shall be obtained, including the period within which the Agency shall give a decision with regard to an approval, and different procedures or different periods may be prescribed in relation to different leases, licences, permits, or other authorisations or to different classes thereof.
\n
(4)The Minister for the Marine may, where he is of opinion that it is in the public interest to do so and with the consent of the Minister, by order provide that any class of case not provided for by regulations under subsection (1), should, for the purposes of environmental protection, be subject to the approval of the Agency and the requirements of subsection (1) shall apply to such class of case so long as the relevant order remains in force.
\n
(5)An order under subsection (4) may, following the agreement of the Minister, include such matters as may be prescribed under subsection (3) in relation to the class of case concerned.
\n
(6)The Minister for the Marine may, by order, with the consent of the Minister, amend or revoke an order under subsection (4).
\n
Environmental audit.
\n
74.—(1) In this section, “environmental audit” means in relation to any process, development or operation, a systematic, documented and objective periodic assessment of the organisational structure, management systems, processes and equipment pertaining to, or incidental to, that process, development or operation, for the purposes of environmental protection and, in particular for the purposes of— (a) facilitating management control of practices which may have an impact on environmental protection, (b) assessing compliance with enactments related to environmental protection and with such environmental conditions as may be attached to any licence or permit granted or issued in connection with the aforesaid process, development or operation, and (c) minimising the impact of the process, development or operation on the environment.
\n
(2)(a) The Agency may promote the carrying out of environmental audits. (b) The Agency may, and shall at the request of the Minister, prepare and publish guidelines on the carrying out of environmental audits, and such guidelines may relate to all processes, developments or operations or to any particular class of process, development or operation or to processes, developments or operations in particular areas or classes of areas.
\n
(3)Without prejudice to the generality of subsection (2), guidelines may relate to— (a) the aims of an environmental audit, (b) the expertise to be included in an environmental audit team, (c) the criteria to be considered and procedures to be followed in carrying out an environmental audit.
\n
(4)For the purposes of promoting the carrying out of environmental audits, the Agency may, in relation to any process, development or operation or classes of processes, developments or operations— (a) provide such assistance and support, on such terms and conditions as may be agreed with any person or body, for the purposes of developing and carrying out environmental audits or pilot or demonstration projects, and (b) organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations, training courses or publications.
\n
Environmental quality objectives.
\n
75.—(1) The Agency shall, in relation to any environmental medium and without prejudice to its functions under section 103 , specify and publish quality objectives which the Agency considers reasonable and desirable for the purposes of environmental protection.
\n
(2)Without prejudice to subsection (1), the Agency may— (a) prepare guidelines or recommendations on the manner and the period within which quality objectives could be achieved, (b) identify the public authorities or other bodies which may contribute to the achievement of such objectives, (c) assess the resources, including staff and funding, which would be required to achieve such objectives, or (d) arrange for the dissemination of information on any of the matters provided for by this subsection or any other relevant matter to the Minister or any other Minister of the Government or other public authority or other body which in the opinion of the Agency may contribute to the achievement of such objectives.
\n
(3)Without prejudice to the operation or effect of any standard, limit value, order or other matter specified or prescribed or otherwise in force by or under any enactment, the Minister and any other Minister of the Government and any other public authority shall take into account any quality objective drawn up and published by the Agency in the formulation of policy, in the setting of standards or in the exercise of any of their other functions concerning environmental protection.
\n
Codes of practice.
\n
76.—(1) The Agency may— (a) prepare and publish codes of practice, or (b) approve of a code of practice or any part of a code of practice drawn up by any other body, for the purpose of providing practical guidance with respect to compliance with any enactment or otherwise for the purposes of environmental protection.
\n
(2)The Agency shall, before publishing or approving of a code of practice or approving of any part of a code of practice, consult and have regard to any views of the Minister and any other Minister of the Government or other person or body that appears to the Agency to be appropriate, or that may be prescribed.
\n
(3)Where the Agency publishes or approves of a code of practice or approves of any part of a code of practice it shall publish a notice to that effect in Iris Oifigiúil, specifying the enactment or matter in relation to which the code is published or approved of and the date from which the code shall have effect.
\n
(4)The Agency may, following consultation with the Minister and any other Minister of the Government or any other person or body that appears to the Agency to be appropriate, or that may be prescribed— (a) revoke or revise the whole or part of any code of practiceprepared and published by it, or (b) withdraw its approval of any code of practice or any part of a code of practice.
\n
(5)Where the Agency revokes or revises, or withdraws its approval of, a code of practice or any part of a code of practice it shall publish a notice to that effect in Iris Oifigiúil.
\n
Evidence of code of practice.
\n
77.—A document under the seal of the Agency purporting to be a code, or part of a code, of practice published or approved of by the Agency under section 76 , shall be received in evidence without further proof.
\n
Labelling of products and services.
\n
78.—(1) The Agency shall, if it considers it necessary or desirable to do so, having regard to any act of an institution of the European Communities relating to a Community labelling scheme, establish or arrange for the establishment of a scheme or schemes for the use of a special symbol or symbols on the labels of specified products or in connection with specified services which meet specified criteria and standards as to their impact on the environment.
\n
(2)Without prejudice to the generality of subsection (1), the Agency may— (a) set the criteria and standards under which a special symbol can be used on the labels of products or in connection with services, (b) provide for procedures and other matters in relation to the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol including fees relating to such use or to accompany such applications, (c) carry out, cause to be carried out, or arrange for, the testing and analysis of products or services related to their use of a special symbol to ensure compliance with the said criteria and standards, (d) provide for charges for the carrying out of tests or analyses, (e) carry out, cause to be carried out, or arrange for, monitoring of the use of a special symbol, (f) determine the product categories or services to which such a scheme would apply, (g) prepare and publish periodic reports on the scheme, (h) publicise details of the scheme.
\n
(3)The Agency shall consult with such public authorities and such other persons and bodies, as may be prescribed, in the preparation, amendment or revocation of a scheme under this section.
\n
(4)It shall be an offence— (a) to use a symbol provided for in a scheme under this section, or under a Community environmental labelling scheme in force in the State, or a similar symbol, on the labelling of a product or in connection with a service which has not been approved under the scheme or for which the approval has been withdrawn or, if approved, no longer meets the standards and criteria of the scheme, or (b) for a person to make a statement or claim in writing or otherwise in connection with the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol which to his knowledge is false or misleading in a material respect.
\n
(5)The Agency may amend or revoke a scheme under subsection (1).
\n
General policy directives.
\n
79.—(1) The Minister may, whenever he thinks proper, give such general directives in writing to the Agency as to policy in relation to environmental protection.
\n
(2)In performing its functions the Agency shall have regard to any directives given by the Minister under this section.
\n
(3)Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency of a function assigned to it by or under this Act.
\n
(4)Where the Minister gives a directive under this section he shall— (a) as soon as may be cause a copy of the directive to be laid before each House of the Oireachtas, (b) cause a notice of the issue of the directive to be published in Iris Oifigiúil and in at least one daily newspaper circulating in the State, and (c) cause a copy of the directive to be transmitted to the Agency and to each planning authority.
\n
(5)A notice under subsection (4) (b) shall specify where a copy of the directive to which it relates may be obtained and the fee (if any) payable in respect of such copy which shall not exceed the reasonable cost of making the copy.
\n
Consultation by the Agency.
\n
80.—The Agency shall consult with such public authorities, persons or bodies as it considers necessary or as may be prescribed in relation to the performance of its functions under this Act or such of those functions as may be prescribed and shall have regard to any views given or recommendations made by such public authority, person or body.
\n
Consultation with the Agency.
\n
81.—The Agency shall be consulted by such public authorities prior to the discharge of such functions related to the environment as the Minister, following consultation with any other Minister of the Government who in the opinion of the Minister is concerned, may, by regulations, specify and such public authorities shall have regard to the views of the Agency prior to carrying out the functions specified.
\n
PART IV
\n
Integrated Pollution Control Licences.
\n
82.—(1) A person shall not carry on an activity, other than an established activity, on or after such day as may be prescribed unless a licence or revised licence under this Part is in force in relation to the activity.
\n
(2)The Minister may, by order, provide that an established activity of any class specified in the order shall not be carried on, on or after such date as may be specified in the order, unless a licence or revised licence under this Part is in force in relation to the activity.
\n
(3)Where an order under subsection (2) comes into operation, the carrying on of an established activity to which the order relates shall, in the period before a licence in relation to the activity is granted or refused, be deemed not to have contravened the provisions of this Part provided that, before the date specified in the order an application has been made for a licence in respect of that activity and the requirements of regulations made under section 87 in relation to the application for the licence have been complied with by the applicant therefor.
\n
Grant of licences.
\n
83.—(1) Where an application is made to the Agency in the prescribed manner for a licence under this Part it may, subject to section 94 and to compliance with any regulations under section 87 , grant the licence subject to, or without, conditions or refuse the application.
\n
(2)In considering an application for a licence or the review of a licence or revised licence under this Part, the Agency shall have regard to— (a) any relevant air quality management plan under section 46 of the Air Pollution Act, 1987 , or water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977 , or waste management plan, (b) any relevant noise regulations under section 106 , (c) any special control area order under section 39 of the Air Pollution Act, 1987 , in operation in relation to the area concerned, and (d) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution as it considers necessary.
\n
(3)The Agency shall not grant a licence or revised licence for an activity unless it is satisfied that— (a) any emissions from the activity will not result in the contravention of any relevant air quality standard specified under section 50 of the Air Pollution Act, 1987 , and will comply with any relevant emission limit value specified under section 51 of the Air Pollution Act, 1987 , (b) any emissions from the activity will comply with, or will not result in the contravention of, any relevant quality standard for waters, trade effluents and sewage effluents and standards in relation to treatment of such effluents prescribed under section 26 of the Local Government (Water Pollution) Act, 1977 , (c) any emissions from the activity or any premises, plant, methods, processes, operating procedures or other factors which affect such emissions will comply with, or will not result in the contravention of, any relevant standard including any standard for an environmental medium prescribed under regulations made under the European Communities Act, 1972 , or under any other enactment, (d) any noise from the activity will comply with, or will not result in the contravention of, any regulations under section 106 , (e) any emissions from the activity will not cause significant environmental pollution, and (f) the best available technology not entailing excessive costs will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity, and, where appropriate, the Agency shall attach conditions relating to the matters specified in the foregoing paragraphs to the licence or revised licence.
\n
(4)A person shall not be entitled solely by reason of a licence or revised licence under this Part to make, cause or permit an emission to any environmental medium.
\n
(5)Where a licence or revised licence is required under this Part in respect of an activity— (a) a licence under— (i) Part III of the Air Pollution Act, 1987 , (ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or (iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or (b) a permit under— (i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982 , or (ii) the European Communities (Waste) Regulations, 1979, shall not be granted in relation to such activity.
\n
(6)Where a licence or revised licence has been granted under this Part in respect of an activity— (a) a licence under— (i) Part III of the Air Pollution Act, 1987 , (ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or (iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or (b) a permit under— (i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982 , or (ii) the European Communities (Waste) Regulations, 1979, shall cease to have effect in relation to such activity.
\n
(7)It shall be a good defence— (a) to a prosecution for an offence under any enactment other than this Part, or (b) to proceedings under— (i) section 10 or 11 of the Local Government (Water Pollution) Act, 1977 , (ii) section 20 of the Local Government (Water Pollution) (Amendment) Act, 1990 , or (iii) section 28 , 28A or 28B of the Air Pollution Act, 1987 , to prove that the act complained of is authorised by a licence or revised licence granted under this Part.
\n
Conditions attached to a licence.
\n
84.—(1) Without prejudice to the generality of section 83
\n
(1), conditions attached to a licence or revised licence granted under this Part may— (a) specify the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission, (b) specify the periods during which an emission may, or may not, be made, (c) specify limits to the effects of an emission, (d) specify the concentration of a pollutant in an environmental medium or a deposition or discharge rate which shall not be exceeded, (e) specify any matters relating to the design, construction, dimensions of pipes, chimneys, flues, stacks or other outlets through which an emission is to be made, (f) specify the means (including the provision, operation, maintenance and supervision of plant and other facilities and the use of specified procedures or codes of practice) to be used for controlling an emission, (g) specify requirements or limits in relation to the amount or composition of any substance produced by or utilised in the activity in any period, (h) require the provision, operation and maintenance of meters,gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effects of emissions, (i) require the taking and analysis of samples, the making of measurements, the keeping of records and the furnishing of information to the Agency or to any other person or body who may be specified, including confirmation by the licensee of compliance with the conditions attached to a licence or revised licence and indicating any breaches of such conditions, (j) specify the measures to be taken if there is a breakdown of any plant or other equipment or procedures which may affect emissions from the activity concerned, (k) specify the type of fuel to be, or not to be, used, as the case may be, (l) specify the nature of any treatment to be applied to waste and the manner in which it shall be held or disposed of, (m) specify measures to be taken after an emission, which is not in accordance with other conditions attached to the licence or revised licence, has taken place or after an activity ceases operation, (n) require the making of payments to the Agency in relation to costs incurred in monitoring, or otherwise in relation to, emissions, (o) require the payment to the Agency of a charge or charges prescribed under or calculated in accordance with section 93 , (p) require the payment to the sanitary authority concerned of a charge in relation to a discharge to a sewer as provided for under section 97 , (q) specify the latest date for complying with any conditions which are attached.
\n
(2)It shall be an offence not to comply with any condition attached to a licence or revised licence.
\n
(3)The Agency, or the sanitary authority, as the case may be, may recover the amount of any payment due to it arising from a condition attached to a licence or revised licence as a simple contract debt in any court of competent jurisdiction.
\n
(4)Where a permission under Part IV of the Act of 1963 has been granted or an application has been made for such permission in relation to an activity, the Agency— (a) shall consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under Part IV of the Act of 1963, and (b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of pollution.
\n
Processing of applications for licences or reviews of licences.
\n
85.—(1) (a) Where an application is to be made to the Agency for a licence under section 83 the applicant shall notify the planning authority in whose functional area the activity is or will be situate and such other person (if any) as may be prescribed, and shall publish or give such notices as may be prescribed under section 87 . (b) Where the Agency proposes to review a licence or revised licence under section 88 , it shall publish or give such notice as may be prescribed under section 87 , and shall notify in writing the licensee and the planning authority in whose functional area the activity is situate and such other person (if any) as may be prescribed, of its intention to review the licence or revised licence.
\n
(2)Before making its decision under section 83
\n
(1)on an application for a licence, or under section 88
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(2)on the review of a licence or revised licence, the Agency shall notify— (a) the planning authority in whose functional area the activity is or will be situate, (b) the applicant or the licensee, as the case may be, and (c) any person who made a written submission in relation to the application or the review, indicating the manner in which it proposes to determine the application or the review and, where it is proposed to grant a licence or revised licence, specifying where a copy of the proposed licence or proposed revised licence may be obtained.
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(3)A notification provided for under subsection (2) shall be given within two months of the date of the application for a licence under section 83 or the date of the publication of a notice under subsection (1) (b), as the case may be.
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(4)The Agency shall, in relation to an application for a licence, or the review of a licence or revised licence— (a) in case no objection is taken against the proposed determination as indicated under subsection (2), or (b) in case an objection or objections is or are taken against the proposed determination as indicated under subsection (2) and the objection or objections is or are withdrawn, make its decision in accordance with the proposed determination as indicated under subsection (2) and, where it is proposed to grant a licence or revised licence, grant the licence or revised licence as soon as may be after the expiration of the appropriate period.
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(5)Any person may, subject to compliance with the requirements of any regulations under sections 87 and 94 at any time before the expiration of the appropriate period, object to the proposed determination as indicated under subsection (2), and shall include with the objection the grounds for the objection.
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(6)Where an objection has been lodged, the Agency shall have an absolute discretion to hold an oral hearing and, if it so decides, the Agency shall notify, in writing, the applicant or, in the case of a review, the licensee, the planning authority in whose functional area the activity the subject of a licence application or review will be or is situate and all those from whom objections in compliance with subsection (5) were received.
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(7)It shall be a duty of the Agency to ensure that a decision by it to hold an oral hearing, and a decision by it on the application for a licence or on the review of a licence or revised licence whether or not an oral hearing has been held, shall be given as expeditiously as may be and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the consideration of objections.
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(8)A person shall not by any application for judicial review or in any other legal proceedings whatsoever question the validity of a decision of the Agency to grant or refuse a licence or revised licence unless the proceedings are instituted within the period of two months commencing on the date on which the decision is given.
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(9)The provisions of this section shall not, to such extent as may be prescribed, apply to an application for a licence or to the review of a licence or revised licence to discharge to a sewer.
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(10)In this section— “the appropriate period” means— (a) in the case of the applicant or the licensee, the period of 28 days beginning on the day of the giving of the notification under subsection (2), (b) in any other case, the period of 21 days beginning on the day of the giving of the notification under subsection (2).
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Oral hearing and written report.
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86.—(1) An oral hearing provided for in section 85 shall be conducted by a person appointed for that purpose by the Agency.
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(2)The person appointed under subsection (1) shall make a written report on the hearing to the Agency and shall include in the report a recommendation relating to the grant or refusal of a licence or to the grant of a revised licence and, where appropriate, the conditions (if any) to be attached to the licence or revised licence.
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(3)The Agency shall consider a report made under subsection (2) before making a decision on the application for a licence or on the review of a licence or revised licence.
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(4)The Minister may make regulations in relation to the conduct of an oral hearing and the procedures at such a hearing.
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Regulations regarding licences.
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87.—(1) The Minister may make regulations in relation to applications for licences or for the review of licences or revised licences and the grant and review of licences or revised licences.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following— (a) the form of application and of licence, (b) the time within which an application for a licence shall be made relative to publication of a notice under section 85
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(1)and relative to an application for a permission under Part IV of the Act of 1963, (c) the publication by applicants, licensees or the Agency of such notices as may be specified, (d) specifying the submissions, plans, documents and other information and particulars to be forwarded to the Agency or other specified person by applicants, licensees, objectors, or other persons within such periods as may be specified, (e) requiring applicants, licensees, objectors or other persons to furnish to the Agency or any other specified person, within such period as may be specified, such additional information or particulars relating to applications or reviews as the Agency may request, (f) extending the period within which a notification to which section 85
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(3)refers shall be published— (i) to two months from the date on which a request for additional information, particulars or evidence under paragraph (e) or (g) is complied with, (ii) to any period with the consent of the applicant or licensee, (g) requiring the production, within such period as may be specified, of evidence to verify any information and particulars given by an applicant, licensee, objector or other person, (h) procedures to be followed by the Agency in the processing of applications or reviews, whether or not an oral hearing is held, and the times within which such procedures shall be carried out, (i) the publishing of decisions on applications or reviews and the reasons therefor and of any specified documents or other information in relation thereto, or (j) requiring an applicant or licensee to defray or contribute towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to an application or review.
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(3)(a) A person who in relation to an application for a licence, or to a review of a licence or revised licence, under this Part, makes a statement in writing which to his knowledge is false or misleading in a material respect, shall be guilty of an offence. (b) Where a person is convicted of an offence under this subsection, any licence or revised licence granted to that person, or to some other person on whose behalf the convicted person was authorised to act, consequent on the application or review in relation to which the information was furnished, shall stand revoked from the date of the conviction.
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(4)Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying the European Communities (Environmental Impact Assessment) Regulations, 1989, and the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988) as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the first mentioned regulations.
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(5)A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.
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Review of licences.
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88.—(1) The Agency may review a licence or revised licence granted under this Part at any time with the consent or on the application of the licensee, or at a time not less than three years from the date on which the licence or revised licence was granted.
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(2)As soon as may be after it has completed a review under this section, the Agency may grant a revised licence in substitution for the licence reviewed.
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(3)Without prejudice to subsection (1), a licence or revised licence may be reviewed by the Agency if— (a) the Agency considers that any emission from the activity to which the licence or revised licence relates constitutes a significant risk of environmental pollution, (b) there has been a material change in the nature or the extent of an emission, (c) there has been a material change, which could not have reasonably been foreseen when the licence or revised licence was granted, in the condition of the environment in the area in which the activity to which the licence or revised licence relates is situate, or (d) evidence, which was not available when the licence or revised licence was granted, has become available, or new standards relating to the contents or nature of the emission concerned or the effects of the emission on the environment or the means for the better control of the emissions are prescribed.
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(4)If— (a) a special control area order under section 39 of the Air Pollution Act, 1987 , affecting any emission from the activity to which the licence relates comes into operation in relation to the area in which the activity is situate, (b) an air quality standard is specified in regulations made under section 50 of the Air Pollution Act, 1987 , in relation to any emission from the activity to which the licence relates, (c) a relevant emission limit value is specified in regulations under section 51 of the Air Pollution Act, 1987 , in relation to any emission from the activity to which the licence relates, (d) regulations under section 26 of the Local Government (Water Pollution) Act, 1977 , relate to an effluent the discharge of which is authorised by such a licence or to the waters to which such effluent is discharged, (e) a relevant standard is prescribed under regulations made under the European Communities Act, 1972 , or any other enactment, or (f) relevant regulations under section 106 are made in relation to any noise emissions from the activity to which the licence relates, the Agency shall, where necessary, and as soon as may be after the regulations are made, the order comes into operation or the directions are given, as the case may be, review the licence or revised licence.
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(5)In the review of a licence or revised licence under this section the Agency shall have regard to— (a) any change in environmental quality in the area in which the activity to which the licence or revised licence relates is situate, and (b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution, since the licence or revised licence was granted or last reviewed.
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Register of licences.
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89.—(1) The Agency shall, as soon as may be after the coming into operation of this Part, establish and maintain a register (in this Act referred to as the “register of licences”) for the purposes of this Part and shall make therein all such entries and additions as may, from time to time, be prescribed.
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(2)The register of licences shall be kept at the offices of the Agency and shall be made available for inspection by any person free of charge during office hours.
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(3)When a request is made to the Agency for a copy of an entry in the register of licences, the copy shall be issued to the person requesting it on the payment by him to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making the copy.
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(4)Every document purporting to be a copy of an entry in the register of licences and purporting to be certified by an officer of the Agency to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, unless the contrary is shown, be deemed to be a true copy of the entry and be evidence of the terms of the entry.
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(5)Evidence of an entry in the register of licences may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register of licences itself.
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(6)Every entry in the register of licences relating to an activity in the functional area of a planning authority shall be notified to that planning authority by the Agency as soon as may be and the planning authority shall maintain a copy of these notifications in a register which shall be made available for inspection by any person free of charge during office hours.
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Limit on duration of licence.
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90.—(1) Subject to subsection (2), where an activity to which a licence or revised licence under this Part relates— (a) has not commenced within three years after the date on which the licence or revised licence was granted, or (b) has ceased for a period of not less than three years, the licence or revised licence shall cease to have effect.
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(2)Without prejudice to subsection (1), the Agency may, having regard to the nature of the works and arrangements necessary in connection with the activity and any other relevant consideration— (a) specify a period being a period of more than three years during which the licence or revised licence is to have effect, (b) on an application which complies with the requirements (if any) which may be prescribed, extend the period so specified.
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Change of ownership of activity.
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91.—(1) Where a licence or revised licence is granted under this Part, the grant of the licence or revised licence shall, except as may be otherwise provided by the licence or revised licence, enure for the benefit of the activity and of all persons for the time being interested therein.
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(2)Where a licensee ceases to hold, or transfers to another person, his interest in the activity to which the licence or revised licence relates, he shall forthwith give notice to that effect to the Agency, specifying, in the case of the transfer of his interest, the name of the person to whom his interest in the activity has been transferred.
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Alterations of activity.
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92.—(1) The person in charge of— (a) an activity in respect of which a licence or revised licence is in force or required under this Part, or (b) an established activity which for the time being is not required to be licensed under this Act, shall give notice in writing to the Agency if he proposes to effect any alteration to, or reconstruction in respect of, the activity and such alteration or reconstruction would, or is likely to, materially change or increase emissions from the activity or cause new emissions therefrom.
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(2)Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration or reconstruction referred to in subsection (1), the Agency, notwithstanding any other provision of this Act, may— (a) if there is a licence or revised licence in force in respect of the activity concerned, either review that licence under section 88 or direct the person in charge to apply for a new licence in substitution for that licence, or (b) if there is no such licence in force, direct the person in charge to apply for a licence, and the person in charge shall not effect the alteration or reconstruction until the review has been completed or the new licence or licence, as the case may be, has been granted.
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(3)Where the Agency decides pursuant to subsection (2) to review a licence or revised licence or to direct a person to apply for a new licence or, as the case may be, a licence, the Agency shall, within one month of the receipt by it of the notice under this section, or the date on which the Agency otherwise becomes aware of the matters referred to at subsection (1) inform the person accordingly and if such person is not so informed subsection (2) shall cease to have effect in relation to the alteration or reconstruction specified in the notice or of which the Agency otherwise became aware.
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Charges in relation to emissions.
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93.—(1) The Agency may, in accordance with regulations made by the Minister, subject to the consent of the Minister for Finance and the Minister for Industry and Commerce, under this section, make charges in relation to such emissions to the environment from such activities as may be specified in the regulations.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters— (a) specify the emissions in relation to which a charge under this section may be imposed, (b) specify the manner in which such a charge is to be imposed, (c) specify the method by which the amount of such charge is to be calculated, (d) enable the Agency to make different charges under this section in respect of different emissions and in different circumstances, (e) specify the manner in which representations may be made to the Agency regarding the imposition of a charge under this section and provide for the procedures to be followed in respect of such representations, (f) provide for the amendment, revocation or review of charges imposed under this section.
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(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.
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Fees.
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94.—(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) licences under section 83 or reviews of licences under section 88 , (b) the operation of an accreditation scheme or an analytical quality control programme under section 66 , (c) the operation of a labelling scheme under section 78 , (d) the operation of a system of control for the prevention or limitation of noise under section 106 , or (e) the operation of a system of control over genetically modified organisms under section 111 , 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.
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(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.
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(3)Regulations under subsection (1) (a) shall be subject to the consent of the Minister for Finance and the Minister for Industry and Commerce.
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Special cases.
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95.—(1) The Minister may, by order, require that any process, development or operation not specified in the First Schedule shall be licensable by the Agency under this Part in lieu of being the subject of— (a) a licence under— (i) Part III of the Air Pollution Act, 1987 , (ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or (iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or (b) a permit under— (i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982 , or (ii) the European Communities (Waste) Regulations, 1979, and in such case 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 relevant order remains in force.
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(2)Without prejudice to the generality of subsection (1), an order 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) evidence related to any impact on the environment of such process, development or operation which was not available has become available.
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Monitoring of environmental quality and emissions.
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96.—(1) The Agency shall, in relation to an activity, carry out, cause to be carried out, or arrange for, such monitoring of— (a) environmental quality, and (b) the nature, extent and effects of emissions to the environment, as the Agency may consider necessary for the performance of its functions under this Part.
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(2)The Agency may, as it considers necessary, require the person in charge of an activity from which there is an emission to the environment to carry out such monitoring of the nature, extent and effect of the emission and of the quality of any environmental medium likely to be affected by such emission, and to keep and to supply to the Agency such records of the monitoring as the Agency considers necessary.
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(3)The Agency shall carry out, cause to be carried out, or arrange for, such monitoring or other measures as it considers necessary to verify the monitoring or records of such monitoring provided for under subsection (2).
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(4)The Agency shall require the making of such measurements, calculations or estimates, and the keeping of such records, as may be prescribed in relation to emissions of prescribed substances by such activities as may be prescribed and shall make such records available or cause such records to be made available for inspection by the public at all reasonable times and publish or cause to be published such records.
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(5)The Agency shall, if so directed by the Minister, supply to him or to any person specified by him, at such intervals and in such manner as the Minister may direct, records of any monitoring carried out under this section.
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Discharges to sewers.
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97.—(1) Where the Agency proposes to grant a licence (including a revised licence) which involves a discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer, it shall obtain the consent of the sanitary authority in which the sewer is vested or by which it is controlled.
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(2)A sanitary authority may consent to a discharge under subsection (1) subject to such conditions as it considers appropriate and the Agency shall include such conditions or stricter conditions in the licence or revised licence.
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(3)Without prejudice to the generality of subsection (2), conditions attached to a consent by a sanitary authority under this section may— (a) relate to— (i) the nature, composition, temperature, volume, level, rate, method of treatment and location of a discharge and the period during which a discharge may, or may not, be made, (ii) the provision, operation, maintenance and supervision of meters, gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effect of emissions, (iii) the taking and analysis of samples, the keeping of records and furnishing of information to the sanitary authority, (b) provide for the payment by the licensee to the sanitary authority concerned of such amount or amounts as may be determined by the sanitary authority having regard to the expenditure incurred or to be incurred by it in monitoring, treating and disposing of discharges of trade effluent, sewage effluent and other matter to sewers in its functional area or a specified part of its functional area, (c) specify a date not later than which any conditions shall be complied with.
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(4)A sanitary authority may request the Agency to review a licence or revised licence to which this section relates— (a) at intervals of not less than three years from the date of the licence or the last review of the licence, (b) at any time with the consent, or on the application, of the person making, causing or permitting the discharge, or (c) at any time if— (i) the sanitary authority has reasonable grounds for believing that the discharge authorised by the licence or revised licence is, or is likely to be, injurious to public health or is likely to render the waters to which the sewer concerned discharges unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses or is, or is likely to be otherwise, a serious risk to the quality of the waters, (ii) there has been a material change in the nature or volume of the discharge, (iii) there has been a material change in relation to the waters to which the sewer concerned discharges, or (iv) further information has become available since the date of the grant of the licence or revised licence relating to polluting matter present in the discharge concerned or relating to the effects of such matter, and the Agency shall consider and may comply with such request and shall have regard to any submission on the matter received from the sanitary authority.
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Application of other Acts.
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98.—(1) Notwithstanding section 26 of the Act of 1963, or any other provision of the Local Government (Planning and Development) Acts, 1963 to 1991, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, in respect of any development comprising or for the purposes of the activity— (a) decide to refuse a permission or an approval under Part IV of the Act of 1963 for the reason that the development would cause environmental pollution, or (b) decide to grant such permission subject to conditions which are for the purposes of the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity, and, accordingly— (i) a planning authority in dealing with an application for a permission or for an approval for any such development shall not consider any matters relating to the risk of environmental pollution from the activity; (ii) An Bord Pleanála shall not consider any appeal made to it against a decision of a planning authority in respect of such an application, or any submissions or observations made to it in relation to any such appeal, so far as the appeal, or the submissions or observations, as the case may be, relates or relate to the risk of environmental pollution from the activity.
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(2)Notwithstanding the provisions of the Minerals Development Acts, 1940 to 1979, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a lease granted by the Minister for Energy under the said Acts in respect of the same activity shall not contain conditions which are for the purpose of the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity.
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(3)Without prejudice to subsections (1) and (2), where a licence or revised licence under this Part is granted in relation to an activity and— (a) a permission under Part IV of the Act of 1963, or (b) a lease under the Minerals Development Acts, 1940 to 1979, has been granted in respect of the same activity, any conditions attached to that permission or contained in that lease, as the case may be, shall, so far as they are for the purposes of the prevention, limitation, elimination, abatement or reduction of environmental pollution, cease to have effect.
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(4)The grant of a permission or lease under any of the Acts referred to in subsections (1) and (2) in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such activity.
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Transitional arrangements.
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99.—(1) Where the Agency proposes to grant a licence or revised licence in respect of an established activity for which— (a) a licence has been granted under— (i) Part III of the Air Pollution Act, 1987 , (ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or (iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or (b) a permit has been issued under— (i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982 , or (ii) the European Communities (Waste) Regulations, 1979, the Agency shall, if the licence or revised licence under this Part is being granted during the period of three years from the grant of a licence under paragraph (a) or the issue of a permit under paragraph (b), have regard to the conditions (if any) attached to such licence or permit and the costs in relation to the activity which would be incurred if different conditions were attached to the licence or revised licence to be granted by the Agency.
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(2)On and after the commencement of this section the Agency shall ensure that an activity for which a licence is required under this Part is carried on in accordance with the enactments mentioned in subsection (1) until a licence under this Part is granted in respect of the activity and any reference to a local authority, sanitary authority or the Minister for the Marine in any licence or permit or any conditions attached to a licence or permit issued under the above-mentioned enactments in relation to such activity shall be deemed to be a reference to the Agency.
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(3)The Minister may, for the purposes of subsection (2), make regulations providing that any provision of the enactments mentioned in subsection (1) as are specified in the regulations shall, to such extent as may be so specified, be exercisable by the Agency in lieu of the local authority, sanitary authority or the Minister for the Marine in relation to the activities concerned.
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(4)Where, immediately before the commencement of section 82 , there is an application for a licence or permit, or a review of a licence or permit, to which subsection (1) relates in respect of an activity for which a licence under that section is required, and the application or review has yet to be determined, the application or review shall be dealt with and decided under this Part by the Agency as if it were an application to the Agency for a licence, or a review by the Agency of a licence, under this Part and the local authority or sanitary authority or the Minister for the Marine, as the case may be, shall furnish the Agency, within a period of one month from the commencement of section 82 or fourteen days from the date of a request from the Agency for any documents or information, whichever shall be the later, with all such documents and information in its or his possession as it may require for this purpose.
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(5)The day or the last of the days, as may be appropriate, on which all the documents and information referred to in subsection (4) are furnished to the Agency in accordance with that subsection by the local authority, sanitary authority or the Minister for the Marine, as the case may be, shall, in relation to an application for a licence or permit, be deemed to be the date of an application for a licence under this Part.
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(6)Notwithstanding the provisions of this section, this Part shall not apply to an activity where an appeal to An Bord Pleanála under section 34 of the Air Pollution Act, 1987 , or section 8 or 20 of the Local Government (Water Pollution) Act, 1977 , as inserted by the Local Government (Water Pollution) (Amendment) Act, 1990 , has been or may still be made, until the time for making the appeal has expired or the appeal has been determined or withdrawn and the licence (if any) issued, as the case may be.
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PART V
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General Pollution Control Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977.
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100.—(1) The Minister may, by order, provide that any provision of the Local Government (Water Pollution) Act, 1977 , specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.
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(2)An order under subsection (1) in relation to a particular provision may provide that— (a) a function conferred on a local authority or sanitary authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency, (b) anything required by the provision to be done in relation to a local authority or a sanitary authority may, in addition to or in lieu of that authority, be done in relation to the Agency, (c) a reference in the provision to a local authority or to a sanitary authority may include or be substituted by a reference to the Agency.
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(3)An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of any provision of the Local Government (Water Pollution) Act, 1977 , as it applies in relation to the Agency.
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Extension to Agency of certain powers under Air Pollution Act, 1987.
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101.—(1) The Minister may, by order, provide that any provision of the Air Pollution Act, 1987 , specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.
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(2)An order under subsection (1) in relation to a particular provision may provide that— (a) a function conferred on a local authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency, (b) anything required by the provision to be done in relation to a local authority may, in addition to or in lieu of that authority, be done in relation to the Agency, (c) a reference in the provision to a local authority may include or be substituted by a reference to the Agency.
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(3)An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate,including provision for the modification of any provision of the Air Pollution Act, 1987 , as it applies in relation to the Agency.
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Management plans.
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102.—(1) Without prejudice to the generality of sections 100 and 101 , the Minister may, by order, provide that the Agency may make an air quality management plan under section 46 of the Air Pollution Act, 1987 , or a water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977 .
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(2)An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of sections 46 , 47 and 48 of the Air Pollution Act, 1987 , or section 15 of the Local Government (Water Pollution) Act, 1977 , as they apply in relation to the Agency and in particular— (i) the procedures to be followed by the Agency in making the plan, (ii) consultation by the Agency with any local authority concerned in regard to the making of a plan, (iii) provisions relating to the consent of a local authority before a plan is made, (iv) provisions for the determination of matters where the Agency considers that the consent of a local authority is unreasonably withheld, (v) provisions relating to the recovery of the costs of making a plan from the local authorities concerned.
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Emission limit values and quality standards.
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103.—(1) The Agency may, at any time, and shall when requested by the Minister to do so, make recommendations to the Minister in relation to— (a) the specifying of air quality standards under section 50 of the Air Pollution Act, 1987 , (b) the specifying of emission limit values under section 51 of the Air Pollution Act, 1987 , (c) the prescribing of quality standards for waters, trade effluents and sewage effluents and standards in relation to methods of treatment of such effluents, under section 26 of the Local Government (Water Pollution) Act, 1977 .
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(2)Before making regulations for any of the purposes referred to in subsection (1) the Minister shall have regard to any recommendations made by the Agency pursuant to that subsection.
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(3)Recommendations under subsection (1), other than recommendations made at the request of the Minister, shall be published by the Agency.
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Special reports and investigations.
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104.—(1) The Agency may, and shall when requested by the Minister to do so, investigate the causes and circumstances surrounding any incident of environmental pollution and make a special report on such matter.
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(2)(a) The Agency may cause a special report, or part thereof, to be published in such manner as it thinks fit. (b) Before publication of a special report or part of such report prepared at the request of the Minister, the Agency shall submit such report to the Minister.
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(3)The Minister may make regulations on any matter of procedure in relation to the operation of this section.
\n
Inquiries.
\n
105.—(1) (a) The Agency may, where after consultation with the Minister it considers it necessary to do so, arrange for an inquiry to be held into any incident of environmental pollution or any other matter related to environmental protection. (b) The Minister may direct the Agency to arrange for an inquiry to be held into any specified incident of environmental pollution or any other matter related to environmental protection and the Agency shall comply with any such direction.
\n
(2)The inquiry shall be conducted by a person appointed in that behalf by the Agency in such manner as the person thinks appropriate.
\n
(3)The person conducting the inquiry may, for the purposes of the inquiry— (a) investigate the circumstances in which the incident of environmental pollution or any other matter related to environmental protection occurred, (b) enter (on production of the confirmation of his appointment if so demanded by the occupier or person in charge of the premises) at any reasonable time any premises, entry to which appears requisite for the said purposes, (c) carry out such inspection and examination and do such things and make such enquiries as appear to him to be reasonably necessary for the said purposes and, in particular— (i) require, by summons, any person to attend as a witness to give evidence, (ii) require any person to produce such books, papers, other documents and any articles (being in that person's custody or under his control) which the person conducting the inquiry may consider relevant and retain such books, papers, documents and articles for such time as he may reasonably require them, (iii) administer or cause to be administered an oath and take evidence under oath.
\n
(4)If a person— (a) on being duly summoned as a witness before an inquiry without just cause or excuse disobeys the summons, (b) being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the person conducting the inquiry to do so, or to produce any documents or articles in his custody or control legally required by the person conducting the inquiry to be produced by him, or to answer any question to which the person conducting the inquiry may legally require an answer, (c) wilfully gives evidence which is material to the inquiry and which he knows to be false or does not believe to be true, (d) by act or omission, obstructs or hinders the person conducting the inquiry in the performance of his functions, (e) fails, neglects or refuses to comply with any requirement provided for under subsection (3) (c) (ii), or (f) does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court, the person shall be guilty of an offence.
\n
(5)A statement or admission made by a person before a person conducting an inquiry under this section shall not be admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4).
\n
(6)Persons attending as witnesses at the inquiry shall be allowed such expenses to be paid out of moneys available to the Agency as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the person conducting the inquiry to a taxing master of the High Court, who, on request signed by the person conducting the inquiry, shall ascertain and certify the proper amount of the expenses.
\n
(7)The person conducting the inquiry shall make a report to the Agency stating the causes and circumstances of the subject of the inquiry and may add any observations which he thinks right to make.
\n
(8)The Agency may cause the report of a person who conducted an inquiry under this section to be made public at such time and in such manner as it thinks fit.
\n
(9)The Agency may require that all or part of the expenses incurred by the Agency in relation to an inquiry under this section shall be paid in whole or in part by any person who appears to the Agency to be, by reason of any act or default on the part of such person or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry.
\n
(10)The Agency shall give notice of an inquiry under this section by a notice published in Iris Oifigiúil and in at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.
\n
(11)The Minister may make regulations for the purposes of this section.
\n
PART VI
\n
Miscellaneous Regulations for control of noise.
\n
106.—(1) The Minister may, following consultation with any Minister of the Government who in the opinion of the Minister is concerned and with the Agency, make regulations for the purpose of the prevention or limitation of any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.
\n
(2)Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following— (a) controlling sources of noise, (b) (i) specifying maximum limits for noise either generally or in specified areas or classes of areas, (ii) specifying maximum limits for noise emissions, from or into premises or classes of premises, either generally or at specified periods, or (iii) specifying maximum limits of noise levels in prescribed premises, (c) regulating the operation, including licensing, of trades, processes or works, including the timing and control of movements of vehicles and the operation of engines and plant which are, or may be, sources of noise, (d) limiting or prohibiting the use of loudspeakers in or adjoining public places, including different provisions for different places or classes of places and at different times, and subject to such exceptions as may be specified, (e) the measurement of noise and the investigation of noise effects, or (f) the imposition of charges or the payment of fees for the purposes of the regulations or for services performed thereunder.
\n
(3)The Act of 1963 is hereby amended by the addition at the end of Part IV of the Third Schedule of the entry: “14. Securing the reduction or prevention of noise.”.
\n
Power of local authority or Agency to require measures to be taken to prevent or limit noise.
\n
107.—(1) Where it appears to— (a) a local authority in relation to any premises, processes or works, other than an activity for which a licence is required under
\n
Part IV
\n
, or (b) the Agency in relation to an activity for which a licence is required under
\n
Part IV
\n
but has not been issued, that it is necessary to do so for the prevention or limitation of noise, the local authority or the Agency, as the case may be, may serve a notice on the person in charge.
\n
(2)A notice pursuant to this section shall indicate requirements for the prevention or limitation of the noise and may— (a) specify the measures which appear to the local authority or the Agency, as the case may be, to be necessary in order to prevent or limit the noise, (b) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or limit the noise, and (c) specify a period, which the local authority or the Agency, as the case may be, considers reasonable in all the circumstances of the case, within which such measures are to be taken.
\n
(3)A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority or the Agency, as the case may be, concerning the terms of the notice, and the local authority or the Agency, as the case may be, having considered any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.
\n
(4)A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.
\n
(5)If a person on whom a notice under this section has been served by a local authority or the Agency, as the case may be, does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice or the notice as amended, the local authority or the Agency, as the case may be, may take such steps as it considers reasonable and necessary to secure compliance with the notice and may recover any costs and expenses thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.
\n
(6)It shall be a good defence, in a prosecution for a contravention of this section in the case of noise caused in the course of a trade or business, for the accused to prove that— (a) he took all reasonable care to prevent or limit the noise to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or (b) the noise is in accordance with— (i) the terms of a licence under this Act, or (ii) regulations under section 106 .
\n
(7)A register of notices issued, amended or revoked by the local authority or the Agency shall be kept at the office of the local authority or the Agency, as the case may be, and be available for public inspection free of charge during office hours and copies of entries shall be provided on request to any person on payment by him to the local authority or the Agency, as the case may be, of such fee (if any) as the local authority or the Agency, as the case may be, shall fix not exceeding the reasonable cost of making the copy.
\n
Noise as a nuisance.
\n
108.—(1) Where any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place, a local authority, the Agency or any such person may complain to the District Court and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order.
\n
(2)It shall be a good defence, in the case of proceedings under subsection (1) or in a prosecution for a contravention of this section, in the case of noise caused in the course of a trade or business, for the accused to prove that— (a) he took all reasonable care to prevent or limit the noise to which the complaint relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or (b) the noise is in accordance with— (i) the terms of a licence under this Act, or (ii) regulations under section 106 .
\n
(3)Before a complaint is made to the District Court under subsection (1) the local authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the person alleged to have made or have caused or have been responsible for the noise.
\n
(4)This section shall not apply to noise caused by— (a) aircraft, or (b) such statutory undertaker or local authority, as may be prescribed, in the exercise of powers conferred on it by or under any enactment in such circumstances as may be prescribed.
\n
Safety, Health and Welfare at Work Act, 1989.
\n
109.—The provisions of sections 106 , 107 and 108 shall be without prejudice to the provisions of the Safety, Health and Welfare at Work Act, 1989 .
\n
Access to information on the environment.
\n
110.—(1) The Minister shall, following consultation with any other Minister of the Government who in the opinion of the Minister is concerned, make regulations for the making available by such public authorities as may be specified of specified information relating to the environment to any person upon request and, in particular, for the purpose of giving full effect to Council Directive 90/313/EEC1 .
\n
(2)Without prejudice to the generality of subsection (1), regulations may provide for all or any of the following— (a) the type, format or subject matter of specified information or specified classes of information to be made available, (b) the public authorities by whom information, or particular kinds of information, is to be made available, (c) procedures, conditions and restrictions relating to the provision of information generally or of specified information, (d) classes of circumstances in which requests for information, or specified kinds of information, may be refused, (e) procedures for the review of a decision to refuse to provide, whether in whole or in part, information requested and the giving of directions to public authorities following such reviews, or (f) the making of charges for the provision of information by public authorities.
\n
(3)In this section, “information relating to the environment” means any available information in written, visual, aural or data base form on the state of water, atmosphere, soil, fauna, flora, land and natural sites, and on actions (including those which give rise to nuisances such as noise) or measures adversely affecting, or likely to so affect, these and on actions or measures designed to protect these, including administrative measures and environmental management programmes.
\n
Genetically modified organisms.
\n
111.—(1) The Minister may, for the purposes of environmental protection, for the prevention of danger to health or damage to property or for the preservation of amenities, and, in particular, for the purpose of giving full effect to Council Directives 90/219/EEC1 and 90/220/EEC2 , following consultation with the Minister for Industry and Commerce and any other Minister of the Government who in the opinion of the Minister is concerned, make regulations for the control, management, regulation or prohibition of any process or action or class of processes or actions, involving a genetically modified organism.
\n
(2)Without prejudice to the generality of subsection (1), regulations may provide for all or any of the following— (a) assignment of functions for the purposes of subsection (1), to such person (including the Minister) as may be specified, (b) placing of duties, obligations or responsibilities on a person engaged in genetically modifying any organism or who is importing, acquiring, keeping, using or releasing to the environment any genetically modified organism or on any other person in relation to genetically modified organisms, (c) consultation with such person, whether in or outside the State, (if any) as may be specified, (d) licensing of a person engaged in genetically modifying any organism or who is importing, acquiring, keeping, using or releasing to the environment any genetically modified organism and prohibiting the engagement in any such actions of a person other than a licensed person, (e) regulating, including licensing, the establishment and operation of any process or action involving a genetically modified organism and prohibiting any such process or action unless a licence has been obtained, (f) the information including information on personnel, premises and waste management, to be furnished with an application for a licence and provision for seeking additional information as necessary to determine the application, (g) the conditions that may or shall be attached to a licence under paragraph (d) or (e) including— (i) the period for which the licence shall be valid, (ii) the organisms covered by the licence, (iii) any limitations or prohibitions regarding any process or action involving any specified organisms, (iv) the continuation of specified conditions after a licence expires, is cancelled or suspended, or after the process or action for which a person is licensed is completed, (v) restrictions or limits on any releases to the environment or any emissions arising from any process or action involving a genetically modified organism or specifying the methods of treatment or disposal of any releases or emissions to any environmental medium, or (vi) arrangements for monitoring and for making available to the Minister or such other person as may be specified the results of such monitoring, (h) specifying procedures for the grant, review, cancellation or suspension of a licence, for the making of representations relating to these matters and for the consideration of such representations, (i) the studies and assessments to be carried out on the nature of, or the process or action involving, a genetically modified organism, the possible risks to the environment from the organism or the process or action involving the organism and the potential effects of a release of such organism whether planned or accidental,
\n
(j) the precautions to be taken, including the setting up of bio-safety committees, the information to be provided to the public, emergency response arrangements (both on-site and off-site), the notification of emergency incidents to the proper authorities, the taking of urgent measures by those authorities for the purposes of environmental protection, for the prevention of danger to health or damage to property or for the preservation of amenities, and the recovery of the costs of such measures by those authorities, and the controls to be observed either generally or in relation to particular organisms or classes of organisms, processes or classes of processes or actions or classes of actions, involving a genetically modified organism, (k) providing for an application to the High Court by the Minister or such other person as may be prescribed under subsection (1) for an order prohibiting or restricting any process or action involving a genetically modified organism in such circumstances as may be specified, (l) prohibiting any specified process or action involving, or any importation, acquisition, keeping, using or releasing to the environment of, a specified genetically modified organism, or any specified genetic modification of an organism, (m) the grant of exemptions— (i) to a specified class of persons, (ii) for specified research or in specified circumstances, or (iii) as regards specified organisms or classes of organisms, processes or classes of processes or actions or classes of actions involving specified organisms or classes of organisms, from any of the requirements of the regulations in such circumstances as are specified in relation to specified processes or actions involving a genetically modified organism and subject to such conditions as may be specified, (n) requiring the giving of notice, the information to be included in such notice, and the period within which such notice shall be given, to the Minister or such other person, whether in or outside the State, as may be specified, regarding the introduction or modification of such process or action involving a genetically modified organism as may be specified, (o) the keeping of records and the provision of such information as may be specified to the Minister or such other person, whether in or outside the State, as may be specified, (p) the maintenance of a register including the information related to licences and other matters to be contained in such register, and the provision of public access to such register and any restrictions as regards confidential information,
\n
(q) the provision of advice and the preparation and publication, or approval of guidelines and codes of practice, or (r) the imposition of charges or the payment of fees for the purposes of the regulations or the services provided thereunder.
\n
(3)It shall be an offence not to comply with any condition attached to a licence issued pursuant to regulations made under this section.
\n
(4)The person in charge of any process or action involving a genetically modified organism shall use the best available technology not entailing excessive costs for the purposes of environmental protection, for the prevention of danger to health or damage to property, or for the preservation of amenities, arising from any process or action involving a genetically modified organism.
\n
(5)Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying any provision of this Act or of any other enactment) as appear to the Minister to be necessary for the purposes of, in consequence of, or to give full effect to, the regulations.
\n
(6)For the purposes of this section an authorised person, in addition to the powers given under section 13 , may require, in relation to any premises or part of a premises which he has power to enter or in relation to any process or action or part of a process or action on such premises, or in relation to anything in or on such premises, that it should be maintained without disturbance or in such a manner as he may specify for so long as is reasonable in order to carry out his investigations or tests.
\n
(7)In this section— “genetically modified organism” means— (a) an organism derived from the formation of a combination of genetic material by artificial techniques, or (b) an organism inheriting such combination of genetic material, or (c) an organism that results from the replication of an organism described in paragraph (a), or (d) such other matter as may be prescribed by the Minister; “organism” means any multicellular, unicellular, subcellular or acellular entity capable of replication or of transferring genetic material whether by natural or artificial processes or such other matter as may be prescribed by the Minister; “environment” includes atmosphere, land, soil, water and all living organisms; “licence” includes a consent or any other form of authorisation and cognate words shall be construed accordingly.
\n
Register kept in computer or other non-legible form and evidence of entries.
\n
112.—(1) The Agency may keep a register under any provision of this Act otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction (a “copy record”) of any entry in the register.
\n
(2)In any proceedings a certificate signed by an officer of the Agency, stating that a copy record of an entry in a register under a specified provision of this Act has been made in accordance with subsection (1) shall be evidence of the fact of the making of the entry and that the copy or reproduction of the entry attached to the certificate is a true copy record of the entry until the contrary is shown.
\n
(3)A document purporting to be a certificate under subsection (2) shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.
\n
(4)In any proceedings any copy record may be given in evidence and shall be prima facie evidence of any fact therein stated:
\n
Provided that the court is satisfied of the reliability of the system used to make the copy record and the original entry on which it was based.
\n
Increase of certain penalties.
\n
113.—(1) A person convicted of an offence for which a penalty, forfeiture or fine is provided in a section specified in column (2) of the Table to this section of an Act specified in column (3) of that Table at a particular reference number in column (1) of that Table shall, (subject to subsection (2)), in lieu of any monetary penalty, forfeiture or fine so provided, be liable to a fine not exceeding the maximum fine specified in column (4) of that Table at that reference number, and the sections and Acts specified in columns (2) and (3) of that Table shall be construed and have effect accordingly.
\n
(2)(a) Where a penalty, forfeiture or fine is expressed in any section specified in column (2) of the Table as being for a day, each contravention to which it relates shall constitute a separate offence. (b) Where an offence referred to in subsection (1) is described as a continuing or further offence the penalty for each day on which the contravention continues shall, in lieu of any other monetary penalty, forfeiture or fine provided in respect thereof, be a fine not exceeding £200.
\n
(3)This section shall have effect in relation to offences committed after the commencement of this section.
\n
TABLE Ref No.
\n
Section Act Maximum Fine
\n
(1)
\n
(2)
\n
(3)
\n
(4)1.
\n
55 Waterworks Clauses Act, 1847 £1,000 2.
\n
58 Waterworks Clauses Act, 1847 £1,000 3.
\n
60 Waterworks Clauses Act, 1847 £1,000 4.
\n
50 The Dublin Corporation Waterworks Act, 1861 £1,000 5.
\n
51 The Dublin Corporation Waterworks Act, 1861 £1,000 6.
\n
17 Waterworks Clauses Act, 1863 £1,000 7.
\n
18 Waterworks Clauses Act, 1863 £1,000 8.
\n
19 Waterworks Clauses Act, 1863 £1,000 9.
\n
20 Waterworks Clauses Act, 1863 £1,000 10.
\n
70 Public Health (Ireland) Act, 1878 £1,000 11.
\n
112 Public Health (Ireland) Act, 1878 £1,000 12.
\n
114 Public Health (Ireland) Act, 1878 £200 13.
\n
119 Public Health (Ireland) Act, 1878 £1,000 14.
\n
171 Public Health (Ireland) Act, 1878 £1,000 15.
\n
220 Public Health (Ireland) Act, 1878 £1,000 16.
\n
272 Public Health (Ireland) Act, 1878 £1,000 17.
\n
273 Public Health (Ireland) Act, 1878 £1,000 18.
\n
31 Local Government (Sanitary Services) Act, 1948 £1,000 19.
\n
33 Local Government (Sanitary Services) Act, 1948 £1,000 20.
\n
34 Local Government (Sanitary Services) Act, 1948 £1,000 21.
\n
37 Local Government (Sanitary Services) Act, 1948 £1,000 22.
\n
42 Local Government (Sanitary Services) Act, 1948 £1,000 23.
\n
44 Local Government (Sanitary Services) Act, 1948 £1,000 24.
\n
46 Local Government (Sanitary Services) Act, 1948 £1,000 25.
\n
47 Local Government (Sanitary Services) Act, 1948 £1,000 26.
\n
4 Local Authorities (Works) Act, 1949 £1,000 27.
\n
8 Local Government (Sanitary Services) Act, 1962 £1,000 28.
\n
3 Local Government (Sanitary Services) Act, 1964 £1,000 29.
\n
16 Local Government (Sanitary Services) Act, 1964 £1,000 FIRST SCHEDULE Activities to which
\n
Part IV
\n
applies Sections 3 and 82 .
\n
1.
\n
Minerals and Other Materials 1.1 The extraction, production and processing of raw asbestos.
\n
1.2 The extraction of aluminium oxide from an ore.
\n
1.3 The extraction and processing (including size reduction, grading and heating) of minerals within the meaning of the Minerals Development Acts, 1940 to 1979, and storage of related mineral waste.
\n
1.4 The extraction of peat in the course of business which involves an area exceeding 50 hectares.
\n
2.
\n
Energy 2.1 The production of energy in combustion plant the rated thermal input of which is equal to or greater than 50MW other than any such plant which makes direct use of the products of combustion in a manufacturing process.
\n
2.2 The burning of any fuel in a boiler or furnace with a nominal heat output exceeding 50MW.
\n
3.
\n
Metals 3.1 The initial melting or production of iron or steel.
\n
3.2 The processing of iron and steel in forges, drawing plants and rolling mills where the production area exceeds 500 square metres.
\n
3.3 The production, recovery, processing or use of ferrous metals in foundries having melting installations with a total capacity exceeding 5 tonnes.
\n
3.4 The production, recovery or processing of non-ferrous metals, their compounds or other alloys including antimony, arsenic, beryllium, chromium, lead, magnesium, manganese, phosphorus, selenium, cadmium or mercury, by thermal, chemical or electrolytic means in installations with a batch capacity exceeding 0.5 tonnes.
\n
3.5 The reaction of aluminium or its alloys with chlorine or its compounds.
\n
3.6 The roasting, sintering or calcining of metallic ores in plants with a capacity exceeding 1,000 tonnes per year.
\n
3.7 Swaging by explosives where the production area exceeds 100 square metres.
\n
3.8 The pressing, drawing and stamping of large castings where the production area exceeds 500 square metres.
\n
3.9 Boilermaking and the manufacture of reservoirs, tanks and other sheet metal containers where the production area exceeds 500 square metres.
\n
4.
\n
Mineral Fibres and Glass 4.1 The processing of asbestos and the manufacture and processing of asbestos-based products.
\n
4.2 The manufacture of glass fibre or mineral fibre.
\n
4.3 The production of glass (ordinary and special) in plants with a capacity exceeding 5,000 tonnes per year.
\n
4.4 The production of industrial diamonds.
\n
5.
\n
Chemicals 5.1 The manufacture of chemicals in an integrated chemical installation.
\n
5.2 The manufacture of olefins and their derivatives or of monomers and polymers, including styrene and vinyl chloride.
\n
5.3 The manufacture, by way of chemical reaction processes, of organic or organo-metallic chemical products other than those specified at 5.2.
\n
5.4 The manufacture of inorganic chemicals.
\n
5.5 The manufacture of artificial fertilizers.
\n
5.6 The manufacture of pesticides, pharmaceutical or veterinary products and their intermediates.
\n
5.7 The manufacture of paints, varnishes, resins, inks, dyes, pigments or elastomers where the production capacity exceeds 1,000 litres per week.
\n
5.8 The formulation of pesticides.
\n
5.9 The chemical manufacture of glues, bonding agents and adhesives.
\n
5.10 The manufacture of vitamins involving the use of heavy metals.
\n
5.11 The storage, in quantities exceeding the values shown, of any one or more of the following chemicals (other than as part of any other activity)— methyl acrylate (20 tonnes); acrylonitrile (20 tonnes); toluene di-isocyanate (20 tonnes); anhydrous ammonia (100 tonnes); anhydrous hydrogen fluoride (1 tonne).
\n
6.
\n
Intensive Agriculture 6.1 The rearing of poultry in installations, whether within the same complex or within 100 metres of that complex, where the capacity exceeds 100,000 units and where units have the following equivalents— 1 broiler [html] 1 unit, 1 layer, turkey or other fowl [html] 2 units.
\n
6.2 The rearing of pigs in installations, whether within the same complex or within 100 metres of that complex, where the capacity exceeds 1,000 units on gley soils or 3,000 units on other soils and where units have the following equivalents— 1 pig [html] 1 unit, 1 sow [html] 10 units.
\n
7.
\n
Food and Drink 7.1 The manufacture of vegetable and animal oils and fats where the capacity for processing raw materials exceeds 40 tonnes per day.
\n
7.2 The manufacture of dairy products where the processing capacity exceeds 50 million gallons of milk equivalent per year.
\n
7.3 Commercial brewing and distilling, and malting in installations where the production capacity exceeds 100,000 tonnes per year.
\n
7.4 The slaughter of animals in installations where the daily capacity exceeds 1,500 units and where units have the following equivalents— 1 sheep [html] 1 unit, 1 pig [html] 2 units, 1 head of cattle [html] 5 units.
\n
7.5 The manufacture of fish-meal and fish-oil.
\n
7.6 The manufacture of sugar.
\n
7.7 The rendering of animal by-products.
\n
8.
\n
Wood, Paper, Textiles and Leather 8.1 The manufacture of paper pulp, paper or board (including fibre-board, particle board and plywood) in installations with a production capacity equal to or exceeding 25,000 tonnes of product per year.
\n
8.2 The manufacture of bleached pulp.
\n
8.3 The treatment or protection of wood, involving the use of preservatives, with a capacity exceeding 10 tonnes per day.
\n
8.4 The manufacture of synthetic fibres.
\n
8.5 The dyeing, treatment or finishing (including moth-proofing and fireproofing) of fibres or textiles (including carpet) where the capacity exceeds 1 tonne per day of fibre, yarn or textile material.
\n
8.6 The fell-mongering of hides and tanning of leather in installations where the capacity exceeds 100 skins per day.
\n
9.
\n
Fossil Fuels 9.1 The extraction, other than offshore extraction, of petroleum, natural gas, coal or bituminous shale.
\n
9.2 The handling or storage of crude petroleum.
\n
9.3 The refining of petroleum or gas.
\n
9.4 The pyrolysis, carbonisation, gasification, liquefaction, dry distillation, partial oxidation or heat treatment of coal, lignite, oil or bituminous shale, other carbonaceous materials or mixtures of any of these in installations with a processing capacity exceeding 500 tonnes per day.
\n
10.
\n
Cement 10.1 The production of cement.
\n
11.
\n
Waste 11.1 The incineration of hazardous waste.
\n
11.2 The incineration of hospital waste.
\n
11.3 The incineration of waste other than that mentioned in. 11.1 and 11.2 in plants with a capacity exceeding 1 tonne per hour.
\n
11.4 The use of heat for the manufacture of fuel from waste.
\n
12.
\n
Surface Coatings 12.1 Operations involving coating with organo-tin compounds.
\n
12.2 The manufacture or use of coating materials in processes with a capacity to make or use at least 10 tonnes per year of organic solvents, and powder coating manufacture with a capacity to produce at least 50 tonnes per year.
\n
12.3 Electroplating operations.
\n
13.
\n
Other Activities 13.1 The testing of engines, turbines or reactors where the floor area exceeds 500 square metres.
\n
13.2 The manufacture of integrated circuits and printed circuit boards.
\n
13.3 The production of lime in a kiln.
\n
13.4 The manufacture of coarse ceramics including refractory bricks, stoneware pipes, facing and floor bricks and roof tiles.
\n
SECOND SCHEDULE Enactments in respect of which Functions may be Transferred to the Agency
\n
Section 54
\n
.
\n
Air Pollution Act, 1987 (Emission Limit Value for Use of Asbestos) Regulations, 1990.
\n
Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations, 1989.
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European Communities (Asbestos Waste) Regulations, 1990 .
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European Communities (Control of Water Pollution by Asbestos) Regulations, 1990 .
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European Communities (Lead Content of Petrol) Regulations, 1985 to 1988.
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European Communities (Toxic and Dangerous Waste) Regulations, 1982 .
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European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988 .
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European Communities (Waste) Regulations, 1984 .
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Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations, 1985.
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Local Government (Water Pollution) Act, 1977 (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations, 1986.
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THIRD SCHEDULE Amendment of Air Pollution Act, 1987
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Section 18
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.
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1.The Air Pollution Act, 1987 (“the Act”) shall be amended in accordance with the following paragraphs.
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2.Section 7 (1) of the Act shall be amended by the substitution of the following for the definition of “pollutant”: “‘pollutant’ means any substance specified in the First Schedule or any other substance (including a substance which gives rise to odour) or energy which, when emitted into the atmosphere either by itself or in combination with any other substance, may cause air pollution;”.
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3.Section 32 of the Act shall be amended by the substitution for subsection (3) of the following subsection: “(3) A local authority shall not grant a licence in relation to industrial plant unless they are satisfied that— (a) the best practicable means will be used to prevent or limit any emissions from the plant, (b) any emissions from the plant will comply with any relevant emission limit value, (c) any emissions from the plant will not result in the contravention of any relevant air quality standard, (d) any emissions from the plant will not cause significant air pollution, and, where appropriate, the local authority shall attach conditions relating to the matters specified in paragraphs (a), (b), (c) and (d) to the licence.”.
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4.The Act shall be amended by the insertion of the following sections after section 28: “Remedies for unauthorised emissions.
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28A. (1) (a) Where there is an emission from any premises, other than an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act, any person may make application to the appropriate court which may make an order requiring the occupier of the premises concerned to do one or more of the following, that is to say: (i) to terminate the emission within such period as may be specified in the order, or (ii) to mitigate or remedy any effects of the emission concerned in such manner and within such period as may be specified in the order, or (iii) to pay to the applicant or such other person as may be specified in the order a specified amount to defray all or part of any costs incurred by the applicant or that other person in investigating, mitigating or remedying the effects of the emission concerned. (b) In this subsection ‘appropriate court’, in relation to an application under paragraph (a) means— (i) in case the estimated cost of complying with the order to which the application relates does not exceed £5,000, the District Court, (ii) in case the estimated cost aforesaid does not exceed £30,000, the Circuit Court, and (iii) in any case, the High Court. (c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed £5,000, it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid. (ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed £30,000, it may, if it so thinks fit, by order transfer the application to the High Court. (iii) This paragraph is without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this section in relation to which it was, at the time of the making of the application, the appropriate court.
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(2)(a) An application for an order under this section shall be brought in a summary manner and the court when considering the matter may make such interim or interlocutory order as it considers appropriate. (b) Where an application is transferred under paragraph (c) of subsection (1), the court to which it is transferred shall be deemed to have made any order made under this subsection by the court from which it is so transferred in the proceedings in relation to the application.
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(3)(a) An order shall not be made by a court under this section unless the person named in the order has been given an opportunity of being heard by the court in the proceedings relating to the application for the order. (b) The court concerned may make such order as to the costs of the parties to or persons heard by the court in proceedings relating to an application for an order under this section as it considers appropriate.
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(4)(a) Where a person does not comply with an order under subsection (1), a local authority may, in respect of their functional area, take any steps specified in the order to mitigate or remedy the effects of the emission concerned. (b) The amount of any expenditure incurred by a local authority in relation to steps taken by them under paragraph (a) shall be a simple contract debt owed to the authority and may be recovered by them from the person as a simple contract debt in any court of competent jurisdiction.
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(5)(a) An application under subsection (1) to the District Court shall be made to the Justice of the District Court for the District Court district in which the premises concerned are situated or in which the emission concerned takes place. (b) An application under subsection (1) to the Circuit Court shall be made to the Judge of the Circuit Court for the circuit in which the premises concerned are situated or in which the emission concerned takes place.
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(6)An application under subsection (1) may be made whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned.
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Civil liability for pollution.
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28B. (1) Where an emission causes injury, loss or damage to a person or to the property of a person, the person may, without prejudice to any other cause of action that he may have in respect of the injury, loss or damage, recover damages in any court of competent jurisdiction in respect of such injury, loss or damage— (a) from the occupier of the premises from which the emission originated unless the emission was caused by an act of God or an act or omission of a third party over whose conduct such occupier had no control, being an act or omission that such occupier could not reasonably have foreseen and guarded against, or (b) if the emission was occasioned by an act or omission of any person that, in the opinion of the court, constitutes a contravention by the person of a provision of this Act, from that person.
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(2)Subsection (1) does not apply to an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act.”.
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O.J. No. L120/1 of 11 May, 1990.
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O.J. No. L194/1 of 25 July, 1975.
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O.J. No. L135/40 of 30 May, 1991.
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O.J. No. L158/56 of 23 June, 1990.
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O.J. No. L117/1 of 8 May, 1990.
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O.J. No. L117/15 of 8 May, 1990.
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