Environmental Protection Agency Act , 1992

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Environmental Protection Agency Act, 1992.

2. Commencement.

2.—(1)Part I (other than section 18 (1)), Part II (other than section 43), Part III, Part IV (other than section 93) and Part VI will come into operation on the passing of this Act.

(2)The remaining provisions of this Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision or with reference to a particular area or areas, and different days may be so fixed for different purposes and different provisions of this Act and for different areas.

3. Interpretation.

F1[3.—(1) In this Act, except where the context otherwise requires—

"activity" means any process, development or operation specified in the First Schedule and carried out in an installation;

"the Act of 1996" meansthe Waste Management Act 1996;

"the Act of 2000" meansthe Planning and Development Act 2000;

F2["the Act of 2022" means theDevelopment (Emergency Electricity Generation) Act 2022;]

"the Agency" shall be construed in accordance withsection 19(1);

"atmosphere" means the gaseous envelope surrounding the earth, and includes air;

"authorised person" means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be prescribed to be an authorised person for the purposes of this Act or any Part or section thereof;

F3["BAT conclusions" means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;

"BAT reference document" in relation to an industrial emissions directive activity, means a document drawn up by the Commission of the European Union in accordance with Article 13 of the Industrial Emissions Directive, resulting from the exchange of information in accordance with that Article of that Directive and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, particular consideration having been given to the same matters as are specified insubparagraphs (i)to(xii)ofsection 5(3)(b);]

F2["designated application" means an application made to the Agency for a licence underPart IVin relation to designated development, after an application has been made under section 4 of the Act of 2022 to the Minister for the Environment, Climate and Communications for approval under section 7 of that Act to carry out the designated development, and does not include an application made to the Agency—

(a) for a revised licence underPart IV, or

(b) by the licensee undersection 90(1)(b)for a review of a licence or a revised licence;]

F2["designated development" has the same meaning as it has in the Act of 2022;]

"development" has the meaning assigned to it by section 3 of the Act of 2000;

"the Directive" shall be construed in accordance withsection 3A(1);

"disposal", in relation to waste, has the meaning assigned to it by the Act of 1996;

F4["EIA Directive" means Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011^3on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014^4;]

F3["emerging technique" means a novel technique for an industrial emissions directive activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques;]

"emission" means, in relation to an activity referred to inF5[Part IV, IVA, IVB or IVC], any direct or indirect release of substances, heat or noise from individual or diffuse sources in the activity into the atmosphere, water or land, and includes—

(a) an emission into the atmosphere of a pollutant within the meaning ofthe Air Pollution Act 1987,

(b) the release of a greenhouse gas or a precursor of a greenhouse gas into the atmosphere,

(c) a discharge of polluting matter, sewage effluent or trade effluent within the meaning ofthe Local Government (Water Pollution) Act 1977, to waters or sewers within the meaning of that Act, or

(d) waste,

but does not include a radioactive substance within the meaning of Council Directive 96/29/Euratom^1, a genetically modified micro-organism within the meaning of Council Directive 90/219/EEC^2or a genetically modified organism within the meaning of Directive 2001/18/EC of the European Parliament and of the Council^3;

F3["emission levels associated with the best available techniques" means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;]

"emission limit value" means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time;

"employee of the Agency" does not include the Director General or other Director of the Agency;

"enactment" includes any instrument made under an enactment;

F6[“environmental impact assessment”shall be construed in accordance withsection 83(2A);]

F4[“environmental impact assessment report”shall be construed in accordance withsection 83(2A)(dd);]

F7[…]

F8[“environmental impact statement” means a statement of the direct and indirect effects that a proposed activity will have or is likely to have on the environment and shall include the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011^1on the assessment of the effects of certain public and private projects on the environment;]

"environmental protection", "environmental pollution", "environmental medium" and "environmental quality standard" have the meanings respectively assigned to them bysection 4;

"established activity" means—

(a) an activity which on 29 October 1999, or such other date as may be prescribed in relation to the activity, was being carried on and did not involve or have an association with unauthorised development within the meaning of the Act of 2000, or

(b) an activity—

(i) in respect of which permission under section 34 of the Act of 2000 had beengranted, or an application for such permission had been made, before 30 October 1999, or such other date as may be prescribed in relation to the activity, and

(ii) which on 29 October 2000, or such other date as may be prescribed in relation to the activity—

(I) was being carried on, and

(II) did not involve or have an association with unauthorised development within the meaning of the Act of 2000;

"functions" includes powers and duties;

"greenhouse gas" means—

(a) carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, any hydrofluorocarbon or any perfluorocarbon, and

(b) such other gases as may be prescribed,

in so far as the emission of any such gas contributes to global climate change;

F3["groundwater" has the meaning assigned to it by Regulation 3 of the European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010);

"hazardous substances" means substances or mixtures as defined in Article 3 of Regulation (EC) No. 1272/20081 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures;

"hazardous waste" means waste that displays one or more of the properties which render it hazardous specified in the Second Schedule (amended by Regulation 24 of the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011)) to the Act of 1996;

"industrial emissions directive activity" means a process, development or operation specified in paragraph 1.1.1, 2.1, 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 4.2.1, 4.3, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.1, 6.2, 7.2.1, 7.4.1, 7.7.1, 7.8, 8.1, 8.2, 8.3, 8.5.1, 8.6.1, 8.7, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 10.2, 10.3, 10.4, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an industrial emissions directive activity), 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 12.2.1, 12.3, 13.4.1, 13.5 or 13.6 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation and an activity shall not be taken to be an industrial emissions directive activity if it is carried out at an installation solely used for research, development or testing of new products and processes;

"Industrial Emissions Directive" means Directive 2010/75/EU2 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);]

"installation" means a stationary technical unit or plant where the activity concerned referred to in the First Schedule is or will be carried on, and shall be deemed to include any directly associated activity, whether licensable under this Part or not, which has a technical connection with the first-mentioned activity and is carried out on the site of that activity;

F3["integrated pollution control activity" means a process, development or operation specified in paragraph 1.1.2, 1.2, 1.3, 1.4, 3.1.2, 3.2.2, 3.3.2, 3.4.2, 3.5, 3.6.2, 3.7, 3.8, 3.9, 4.1, 4.2.2, 4.4, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 7.1, 7.2.2, 7.3.1, 7.3.2, 7.3.3, 7.4.2, 7.5, 7.6, 7.7.2, 8.4, 8.5.2, 8.6.2,F9[8.8,]9.1, 9.2, 9.3.2, 9.4.4, 10.1, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an integrated pollution control activity), 12.1, 12.2.2, 13.1, 13.2, 13.3 or 13.4.2 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation;]

F10["ionising radiation" has the same meaning as it has in theRadiological Protection Act 1991;]

"land" includes soil;

"local authority" means—

(a) in the case of a city, the city council, and

(b) in the case of a county, the county council,

and references to the functional area of a local authority shall be construed accordingly;

"the Minister" means the Minister for the Environment, Heritage and Local Government;

"monitoring" includes the inspection, measurement, sampling or analysis for the purposes of this Act of any emission, or of any environmental medium in any locality, whether periodically or continuously;

"noise" includes vibration;

"occupier", in relation to any installation or premises, includes the owner, a lessee, any person entitled to occupy the installation or premises and any other person having, for the time being, control of the installation or premises;

"person in charge" includes an occupier of an installation or premises or a manager, supervisor or operator of an activity;

"planning authority" has the meaning assigned to it by the Act of 2000;

"plant" includes any equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used for the purposes of, or incidental to, any activity specified in theFirst Schedule;

"premises" includes any messuage, building, vessel, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage;

"prescribed" means prescribed by regulations by the Minister under this Act;

"previous Part IV" shall be construed in accordance withsection 82(1);

"public authority" means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority for the purposes ofthe Local Government Act 2001,

(d) a harbour authority within the meaning ofthe Harbours Act 1946,

(e) a health board,

(ii) the Eastern Regional Health Authority, or

(iii) an Area Health Board established underthe Health (Eastern Regional Health Authority) Act 1999,

(f) a board or other body (but not including a company underthe Companies Act 1963to 2001) established by or under statute,

(g) a company under the Companies Acts 1963 to 2001, in which all the shares are held—

(i) by or on behalf of a Minister of the Government,

(ii) by directors appointed by a Minister of the Government, or

(iii) by a board or other body referred to in paragraph (f) or by a company to which subparagraph (i) or (ii) applies,

(h) such other body as may be prescribed for the purposes of any provisions of this Act;

"public place" includes any place to which the public have access, whether by right or by permission, or whether subject to, or free of charge;

F11["radioactive substance" has the same meaning as it has in theRadiological Protection Act 1991;]

F10["radiological protection" means the prevention, limitation, elimination, abatement or reduction of the harmful effects of ionising radiation;]

"recovery", in relation to waste, has the meaning assigned to it by the Act of 1996;

"sanitary authority" means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 2001;

"soil" means the top layer of the land surface of the earth that is composed of disintegrated rock particles, humus, water and air;

"statutory undertaker" has the meaning assigned to it by the Act of 2000;

"vessel" means a waterborne craft of any type, whether self propelled or not, and includes an air cushion craft and any structure in or on water;

F12["waste" means any substance or object which the holder discards or intends or is required to discard;]

"waste management plan" means a waste management plan or a hazardous waste management plan within the meaning of the Act of 1996 that is for the time being in force;

"waters" has the meaning assigned to it bythe Local Government (Water Pollution) Act 1977;

"works", in relation tosections 106and107, has the meaning assigned to it by the Act of 2000.

(2) In this Act a reference to—

(a) the date on which a licence or revised licence is granted is a reference to the date on which the licence or revised licence is sealed with the seal of the Agency, and

(b) the date on which a decision by the Agency to refuse a licence or a revised licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed.

F13[(2A) Subject to this Act, a word or expression that is used in this Act and that is also used inF14[EIA Directive]has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]

F15[(2B) Subject to this Act, a word or expression that is used in this Act in so far as it relates to an industrial emissions directive activity and that is also used in the Industrial Emissions Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]

(3) In this Act a reference to a section, Part or Schedule, is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(4) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under this or any subsequent enactment.

(6) The activities to which this Act applies include activities operated by or in the charge of the State.]

3A. F18[Community act given effect to by certain amendments of this Act.

3A.—(1) The purposes for which the amendments of this Act by the Protection of the Environment Act 2003 are made include the purpose of giving effect toF19[Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008]concerning integrated pollution prevention and control^1(in this Act referred to as "the Directive").

(2)F20[…]

(3)F20[…]]

3B. F21[Power to amend First Schedule in certain circumstances.

3B.—The Minister may by regulations amend theFirst Scheduleif either or both of the following conditions is or are satisfied—

(a) as a result of an act adopted by an institution of the European Communities, the continued operation of that Schedule andsection 82would, unless such amendment were to be made, not be in conformity with that act,

(b) the amendment proposed to be made does not, in the opinion of the Minister, involve any deviation from the principles or policies of that Schedule andsection 82.]

3C. F22[Industrial Emissions Directive.

3C.(1) The amendments of this Act effected by the European Union (Industrial Emissions) Regulations 2013 are made for the purpose of giving effect to the Industrial Emissions Directive.

(2) The Agency shall be the competent authority for the purposes of the Industrial Emissions Directive.

(3) As competent authority for the purposes of the Industrial Emissions Directive, the Agency shall, amongst other things—

(a) keep itself informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information publicly available,

(b) maintain such data and information, provide for the supply of data to the Commission of the European Union and undertake such reporting as may be necessary for the proper implementation of relevant Union acts (including compliance with the requirements of Article 72(1) of the Industrial Emissions Directive), and

(c) when requested to do so by the Minister, participate in the Committee to assist the Commission of the European Union on the basis provided for in Article 75 of the Industrial Emissions Directive.]

4. F23[Environmental protection, environmental pollution and environmental medium and environmental quality standard.

4.—(1) In this Act "environmental protection" includes—

(a) the prevention, limitation, elimination, abatement or reduction of environmental pollution, and

(b) the preservation of the quality of the environment as a whole.

(2) In this Act "environmental pollution" means the direct or indirect introduction to an environmental medium, as a result of human activity, of substances, heat or noise which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment, and includes—

(a) "air pollution" for the purposes ofthe Air Pollution Act 1987,

(b) the condition of waters after the entry of polluting matter within the meaning ofthe Local Government (Water Pollution) Act 1977,

(c) in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would, to a significant extent, endanger human health or harm the environment and, in particular—

(i)create a risk to the atmosphere, waters, land, plants or animals,

(ii)create a nuisance through noise, odours or litter, or

(iii) adversely affect the countryside or places of special interest,

(d) noise which is a nuisance, or would endanger human health or damage property or harm the environment.

(3) In this Act "environmental medium" includes the atmosphere, waters and land.

(4) In this Act "environmental quality standard" means the set of requirements which must be fulfilled at a given time by a given environment or environmental medium or any part thereof, as specified in any enactment or enactments, or in any act or acts adopted by an institution of the European Communities.]

5. F24[Best available techniques.

5.—(1) A reference in this Act to best available techniques shall be construed as a reference to the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle,F25[the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, designed to prevent]or eliminate or, where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.

(2) Insubsection (1)—

(a) "best", in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;

(b) "available techniques" means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the First Schedule, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;

(c) "techniques" includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.

(3) (a) For the purposes ofsubsection (1), the Agency—

(i) may from time to time as occasion requires, and

(ii) shall in accordance with any regulations made by the Minister,

specify best available techniques to provide, in principle,F26[the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, for an activity]or activities of a particular class or description, and regard shall be had in the administration of this Act to any such specifications. The Agency, in preparing any such specification, may, by publication of a notice in such manner as it thinks appropriate, invite submissions or observations to be made to it in relation to the terms of the proposed specification.

(b) In specifying best available techniques in accordance withparagraph (a)or otherwise determining best available techniques for the purposes of this Act, the Agency shall, having regard to the likely costs and advantages of measures and to the principles of precaution and prevention, consider in particular—

(i) the use of low-waste technology,

(ii) the use of less hazardous substances,

(iii) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate,

(iv) comparable processes, facilities or methods of operation, which have been tried with success on an industrial scale,

(v) technological advances and changes in scientific knowledge and understanding,

(vi) the nature, effects and volume of the emissions concerned,

(vii) the commissioning dates for new or existing activities,

(viii) the length of time needed to introduce the best available techniques,

(ix) the consumption and nature of raw materials (including water) used in the process and their energy efficiency,

(x) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it,

(xi) the need to prevent accidents and to minimise the consequences for the environment, and

(xii) the information published by the Commission of the European Communities pursuant to any exchange of information between Member States and the industries concerned on best available techniques, associated monitoring, and developments in them, or by international organisations,

and such other matters as may be prescribed.

(4) Whenever the Agency prepares a specification undersubsection (3), it shall, as soon as may be, cause—

(a) a copy of such specification to be sent to the Minister, each local authority, An Bord Pleanála and such other bodies, if any, as may be prescribed,

(b) notice of the preparation of the specification to be published inIris Oifigiúil,

(c) notice of the preparation of the specification to be given to every person who made to the Agency submissions or observations concerning the specification in response to an invitation of the Agency made undersubsection (3)(a), and

(d) a copy of the specification to be made available to every person who makes application for such a copy on payment of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making such a copy.]

6. Regulations.

6.—(1)The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.

(2)Regulations made under this Act may make different provisions in relation to different areas, different circumstances and different classes of cases.

(3)Every regulation made under this Act F27[(other than regulations made undersection 99)] shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

F28[(4)Where it is proposed to make regulations undersection 99, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.]

7. Orders.

7.—(1)The Minister may, by order, revoke or amend any order made by him under this Act, other than an order under section 2, 19 (2) or 32 (1).

(2)F29[In addition to and not in substitution for the power conferred bysection 3B, the Minister may], by order, after consultation with the Agency, revoke or amend the First Schedule or the Second Schedule.

(3)Where it is proposed to make an order under subsection (2) or under section 21 (6) (a), 100, 101 or 102 a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(4)Every order made under this Act, other than an order made under subsection (2) or (3), shall be laid before each House of the Oireachtas as soon as may be after it is made.

8. Offences.

8.—(1)Any person who contravenes any provision of this Act or of any regulation made under this Act or of any order made under this Act or of any notice served under this Act shall be guilty of an offence.

(2)Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence.

(3)In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal, or a failure, to comply with that provision.

9. Penalties.

9.—(1)A person guilty of an offence under this Act shall be liable—

(a)on summary conviction, to a fine not exceeding F30[€3,000], or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment, or

(b)on conviction on indictment, to a fine not exceeding F31[€15,000,000] or to imprisonment for a term not exceeding ten years or, at the discretion of the court, to both such fine and such imprisonment.

(2)In imposing any penalty under subsection (1) the court shall, in particular, have regard to the risk or extent of damage to the environment F32[, and any remediation required,] arising from the act or omission constituting the offence.

(3)Where a person, after conviction of an offence under this Act, continues to contravene the provision, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable to a fine, on summary conviction, not exceeding F33[€1,000] or, on conviction on indictment, not exceeding F33[€130,000].

10. Payment of certain fines to Agency.

10.—Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, prosecuted by the Agency, it shall, on the application of the Agency (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency and such payment may be enforced by the Agency, as if it were due to it on foot of a decree or order made by the court in civil proceedings.

11. Prosecution of offences.

11.—(1)An offence under this Act may be prosecuted summarily by the Agency.

(2)Notwithstanding subsection (1), the Minister may, by regulations, provide that an offence under this Act, specified in the regulations, may be prosecuted summarily by such person (including the Minister) as may be so specified.

(3)Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced—

(a)at any time within twelve months from the date on which the offence was committed, or

(b)at any time within six months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person's knowledge,

whichever is the later: provided that no such proceedings shall be initiated later than five years from the date on which the offence concerned was committed.

(4)For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence relating to the offence came to his knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

12. Cost of prosecutions.

12.—Where a person is convicted of an offence under this Act committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers.

13. Powers of authorised person.

13.—(1)An authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter any premises and to bring therein such other persons (including members of the Garda Síochána) or equipment as he may consider necessary for the purpose.

(2)Subject to subsection (6), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry.

(3)Every authorised person shall be furnished with a certificate of his appointment and, when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4)Whenever an authorised person enters any premises pursuant to this section, he may therein—

(a)make such plans, take such photographs F34[, record such information on data loggers, make such tape, electrical, video or other recordings] and carry out such inspections,

(b)make such tests F35[, make such copies of documents and records (including records held in electronic form) found therein and take such samples],

(c)require from the occupier of the premises or any person employed on the premises or from any other person on the premises F36[such information,]

(d)inspect such plant, vehicles, records F37[(including records held in electronic form) and documents, or]

F38[(e)remove and retain such documents and records (including records held in electronic form) for such period as may be reasonable for further examination,]

as he, having regard to all the circumstances, considers necessary for the purposes of, and exercising any power conferred on him by or under, this Act.

(5)Any person who—

(a)refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section,

(b)obstructs or impedes an authorised person in the exercise of any of the powers conferred on him by this section,

(c)gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or

(d)fails or refuses to comply with any requirement of this section,

shall be guilty of an offence.

(6)Where an authorised person in the exercise of his powers under this section is prevented from entering any premises, or where he has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he was appointed may apply to the District Court for a warrant authorising such entry.

(7)The Minister may make regulations for the purposes of this section.

(8)Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters—

(a)the taking of samples and the carrying out of tests, examinations and analyses,

(b)the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses, or

(c)the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.

(9)Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

14. Service of notices.

14.—(1)Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—

(a)by addressing it to him by name and delivering it to him,

(b)by leaving it at the address at which he ordinarily resides,

(c)by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,

(d)if an address for the service of notices has been furnished by him, by leaving it at, or sending it by prepaid registered post addressed to him to, that address, F39[…]

(e)where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any premises, process, works or development, by delivering it to a person over the age of 16 years employed thereon or resident in the premises, or by affixing it in a conspicuous position on or near the premises, process, works or F40[development, or]

F41[(f)by such other means as may be prescribed.]

(2)Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.

(3)For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4)A person shall not at any time during the period of three months after a notice is affixed under subsection (1) (e) remove, damage or deface the notice without lawful authority.

15. Immunity of Agency.

15.—No action or other proceedings shall lie or be maintainable against the Agency or any body referred to in section 44 or 45 for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions conferred on the said Agency or body.

16. Indemnification of Director General, directors and other persons.

16.—Where the Agency is satisfied that the Director General or other director or F42[authorised person or inspector] F43[of the Agency], or any other employee of the Agency has discharged his duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, it shall indemnify the Director General or other director or F42[authorised person or inspector] of the Agency or any other employee of the Agency, against all actions or claims howsoever arising in respect of the discharge by him of his duties.

17. Expenses of Minister.

17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

18. Amendment of Act of 1963 and Air Pollution Act, 1987.

18.—(1)Section 51 of the Act of 1963 is hereby repealed.

(2)The Air Pollution Act, 1987, is hereby amended as provided for in the Third Schedule.

PART II Environmental Protection Agency

19. Establishment of Environmental Protection Agency.

19.—(1)There shall be a body to be known as An Ghníomhaireacht um Chaomhnú Comhshaoil or, in the English language, the Environmental Protection Agency (in this Act referred to as the Agency) to perform the functions assigned to it by or under this Act.

(2)The Agency shall stand established on such day as the Minister by order appoints.

F44[(3) The Agency shall consist of a Director General and five other Directors.]

20. Incorporation of Agency.

20.—(1)The Agency shall be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(2)The Agency shall provide itself with a seal.

(3)The seal of the Agency shall be authenticated by the signature of the Director General or of some other director or of a person, being an employee of the Agency or a person whose services are availed of by, or supplied to, the Agency under section 44, authorised by the Agency to act in that behalf.

(4)Judicial notice shall be taken of the seal of the Agency and every document purporting to be an instrument made by the Agency and to be sealed with the seal (purporting to be authenticated in accordance with subsection (3)) of the Agency shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

21. Director General.

21.—(1)The Director General shall be appointed by the Government.

(2)A committee shall be established consisting of—

(a)the Secretary to the Government,

(b)the Secretary of the Department of the Environment,

(c)the Chairperson of the Council of An Taisce—the National Trust for Ireland,

(d)the Managing Director of the Industrial Development Authority,

(e)the General Secretary of the Irish Congress of Trade Unions, and

(f)the Chief Executive of the Council for the Status of Women.

F45[(g)such person having relevant experience in relation to radiological protection as the Minister shall appoint.]

(3)Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and—

(a)any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee, or

(b)any of the persons aforesaid is through ill-health or otherwise unable so to act for any period,

the Minister may appoint in the case of—

(i)the Secretary of the Government, some other officer of the Taoiseach who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956,

(ii)the Secretary of the Department of the Environment, some other officer of the Minister for the Environment, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956,

(iii)in any other case, some other person from the organisation or body referred to in subsection (2) to which the person referred to at paragraph (a) or (b) belongs,

to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(4)Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and at the time of making the request any of the offices specified in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(5)Where pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil.

(6)F46[…]

(7)(a)The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the Director General and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected.

(b)In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the Director General.

(8)Except in the case of a reappointment under subsection (13), the Government shall not appoint a person to be the Director General unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (7) in relation to that appointment.

(9)Notwithstanding subsection (7) or (8), if the Government decide not to appoint to be the Director General any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request—

(a)the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b)the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(10)Notwithstanding subsection (7) or (8), if the committee is unable to select any suitable candidate pursuant to a particular request—

(a)the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b)the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(11)The Minister may make regulations as regards—

(a)the publication of notice that a request has been received by the committee under subsection (7), (9) or (10),

(b)applications for selection,

(c)any other matter which the Minister considers expedient for the purposes of this section.

(12)The Director General shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(13)Subject to the provisions of this section—

(a)the term of office of the Director General shall be seven years,

(b)the Director General may be reappointed by the Government for a second or subsequent term of office of seven years or less if, at the time of his reappointment, he is the outgoing Director General.

(14)(a)The Director General may resign his office by letter addressed to the Minister.

F47[(b) The Director General shall vacatePublic Service Superannuation (Miscellaneous Provisions) Act 2004for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(15)(a)The Director General shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister,with the consent of the Minister for Finance, may determine.

(b)Subject to the provisions of this section, the Director General shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine.

(16)The Director General may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions and, in case the Director General is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

22. Deputy Director General.

22.—(1)The Agency shall appoint from among the directors a person to be Deputy Director General of the Agency and such appointment shall be for such period, not exceeding the current term of his office of director, as shall be specified in the appointment.

(2)If at any time the Deputy Director General ceases to be a director, he shall also cease to be Deputy Director General·

(3)The Deputy Director General may, in addition to his remuneration as a director, be paid such additional remuneration (if any) as the Minister, with the consent of the Minister for Finance, may determine.

(4)The Deputy Director General may resign his office by letter addressed to the Agency.

23. General functions of Director General and Deputy Director General.

23.—It shall be the function of the Director General or, where he is not available or where the office of Director General is vacant, of the Deputy Director General—

(a)to ensure the efficient discharge of the business of the Agency, and

(b)to arrange the distribution of the business of the Agency among its directors.

24. Directors.

24.—(1)The directors of the Agency shall be appointed by the Government.

(2)The Minister may, after consultation with the Director General (where a Director General is in office) or the Deputy Director General (where a Deputy Director General is in office) if there is no Director General in office, by order specify qualifications for all posts, or any particular post, of director.

(3)(a)Where a director is to be appointed pursuant to subsection (1), the committee provided for in section 21 shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the director and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected.

(b)In selecting candidates the committee shall have regard to the special knowledge and experience, including relevant experience in environmental matters F48[or radiological protection matters], and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the director.

(4)Except in the case of a reappointment under subsection (9), the Government shall not appoint a person to be a director unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (3) in relation to that appointment.

(5)Notwithstanding subsection (3) or (4), if the Government decide not to appoint to be a director any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request—

(a)the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b)the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(6)Notwithstanding subsection (3) or (4), if the Committee is unable to select any suitable candidate pursuant to a particular request—

(a)the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b)the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(7)The Minister may make regulations as regards—

(a)the publication of notice that a request has been received by the committee under subsection (3) or (5),

(b)applications for selection,

(c)any other matter which the Minister considers expedient for the purposes of this section.

(8)Each director shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(9)Subject to the provisions of this section—

(a)a director shall hold office for such term (not exceeding five years) as shall be specified by the Government when appointing him,

(b)a director may be reappointed by the Government for a second or subsequent term of office for five years or less if at the time of his reappointment he is an outgoing director.

(10)(a)A director may resign his office by letter addressed to the Minister.

F49[(b) A director shall vacate his office of director on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of thePublic Service Superannuation (Miscellaneous Provisions) Act 2004for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to vacate office on grounds of age shall not apply.]

(11)(a)A director shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

(b)Subject to the provisions of this section, each director shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine.

(12)A director may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions, and in case a director is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

25. Meetings and procedure of Agency.

25.—(1)The Agency shall hold such and so many meetings as may be necessary for the performance of its functions.

(2)The Director General and each director shall have one vote at a meeting of the Agency.

(3)At a meeting of the Agency—

(a)the Director General shall, if present, chair the meeting,

(b)if and for so long as the Director General is not present, or if the office of Director General is vacant, the Deputy Director General shall, if present, chair the meeting,

(c)in any other case, the directors who are present shall choose one of their number to chair the meeting.

(4)Every question at a meeting of the Agency shall be determined by a majority of votes of the directors present and, in the event that voting is equally divided and there are more than two directors present, the person chairing the meeting shall have a casting vote.

(5)Subject to the requirements of this Act and any regulations made thereunder the Agency shall regulate its own procedure and business.

(6)(a)Subject to paragraph (b), the Agency may perform or exercise any of its functions through or by any director of the Agency or other person or body who, in either case, has been duly authorised by the Agency in that behalf.

(b)Paragraph (a) shall not be construed as enabling the Agency to authorise a person who is not a director of the Agency finally to determine a decision on the granting, whether with or without conditions, or a refusal, of a licence or revised licence F50[(other than a licence or revised licence undersection 30of theRadiological Protection Act 1991or under regulations relating to radiological protection made under section 3 of theEuropean Communities Act 1972)] or on any prescribed matter.

26. Agency's quorum, vacancies, etc.

26.—(1)The quorum for a meeting of the Agency shall be not less than two.

(2)Subject to subsection (1), the Agency may act notwithstanding a vacancy or vacancies in the office of Director General or among the directors.

(3)Where a vacancy occurs in the office of Director General, or among the directors, the Minister shall, as soon as may be, take steps to fill the vacancy.

(4)(a)Where, owing to the illness of the Director General or of a director, or for any other reason, a sufficient number of directors of the Agency is not available to enable the Agency effectively to perform its functions, the Minister may, as an interim measure, appoint from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956, one or more persons to be a director and, where necessary, one to be Deputy Director General.

(b)A person shall not be appointed to be a director or Deputy Director General under this subsection for a term in excess of six months and may not be reappointed on more than three occasions.

27. Advisory Committee.

27.—(1)There shall be a committee (hereinafter called the Advisory Committee) to perform the functions assigned to it by or under this Act.

(2)The number of members of the Advisory Committee shall, subject to subsection (11), be twelve.

(3)(a)The Director General, or the Deputy Director General if and for so long as the Director General is not present or if the office of the Director General is vacant, shall, ex officio, be a member and shall chair the meetings of the Advisory Committee.

(b)In the event of the offices of Director General and Deputy Director General being vacant the Minister shall designate one of the other directors of the Agency to be a member of the Advisory Committee and to chair its meetings until either the Director General or the Deputy Director General is appointed.

(4)The directors other than the Director General shall be entitled to attend and be heard at meetings of the Advisory Committee but shall not be eligible to vote.

(5)The Minister may prescribe for the purposes of subsection (6)—

(a)organisations which in his opinion are representative of persons whose professions or occupations relate to environmental protection F51[or radiological protection],

(b)organisations which in his opinion are concerned with environmental protection F52[or radiological protection],

(c)organisations which in his opinion are concerned with the promotion of economic or other development,

(d)organisations which in his opinion are concerned with the promotion in relation to the community of social, economic or general interests,

(e)organisations which in his opinion are representative of persons concerned with F53[education or research relating to environmental matters or radiological protection].

(6)The members of the Advisory Committee shall be appointed by the Minister as follows—

(a)not less than one shall be so appointed from among persons selected by the organisations which for the time being stand prescribed under a particular paragraph of subsection (5), subject to seven persons being appointed in all,

(b)four other members shall be appointed by the Minister.

(7)The organisations prescribed under a particular paragraph of subsection (5) shall, whenever so requested by the Minister, select such number (not being less than four) of candidates as the Minister may specify for appointment and shall inform the Minister of the names of the candidates selected.

(8)Except in the case of an appointment pursuant to subsection (6) (b) and subject to subsection (10), the Minister shall not appoint a person to be a member of the Advisory Committee unless the person was among those selected pursuant to a request under subsection (7) in relation to that appointment.

(9)Notwithstanding subsection (7) or (8)—

(a)if the appropriate organisations prescribed under a particular paragraph of subsection (5) refuse or fail to select any candidate pursuant to a particular request under subsection (7), or

(b)if the Minister decides not to appoint as a member any of the candidates selected by such organisations pursuant to the request,

then either—

(i)the Minister shall appoint as a member a person who was among those selected by such organisations pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii)the Minister shall make a further such request and he shall appoint as a member a person who was among those selected pursuant to that request or pursuant to another such request made in relation to that appointment.

(10)Where a request is made pursuant to subsection (7), failure or refusal by any or all of the organisations of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by any of the aforesaid organisations or by any other organisation.

(11)The Advisory Committee may act notwithstanding vacancies in its membership.

(12)A member of the Advisory Committee shall be appointed for such term (not exceeding three years) as shall be specified by the Minister when appointing him (on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines) and a member whose term of office expires by the effluxion of time shall be eligible for reappointment.

(13)A member of the Advisory Committee shall be paid, out of moneys at the disposal of the Agency, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(14)The Advisory Committee may regulate, by standing orders or otherwise, its procedure or business.

(15)The Minister may fix the date, time and place of the first meeting of the Advisory Committee.

(16)The Minister may make regulations as regards—

(a)the period within which the Minister is to be informed in accordance with subsection (7),

(b)any other matter which the Minister considers expedient for the purposes of this section.

(17)(a)A member of the Advisory Committee may resign from office by letter addressed to the Minister.

(b)The Minister may remove from office a member of the Advisory Committee if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or for stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Advisory Committee of its functions.

28. Functions of Advisory Committee.

28.—(1)(a)It shall be the duty of the Advisory Committee to make recommendations to the Agency or to the Minister relating to the functions of the Agency.

(b)The Agency or the Minister, as may be appropriate, shall have regard to any recommendations made by the Advisory Committee.

(2)Without prejudice to the generality of subsection (1), the Advisory Committee may make recommendations—

(a)to the Agency in relation to—

(i)general staff requirements of the Agency but excluding decisions in relation to particular posts, individual employees, pay, grading and conditions,

(ii)the provision of services, including laboratory facilities, required by the Agency,

(iii)the provision of services, including laboratory facilities, by the Agency,

(iv)standards, guidelines and codes of practice in relation to environmental protection F54[or radiological protection],

(v)the research programme of the Agency, its financing and priorities,

(vi)the annual work programme of the Agency and priorities for different elements of the work programme,

(vii)the organisation and promotion of training conferences and related matters for the purposes of environmental protection F55[or radiological protection],

(viii)any other matters related to the functions of the Agency,

(b)to the Minister in relation to—

(i)the assignment of specific functions to the Agency,

(ii)the financing of the Agency,

(iii)the activities or classes of activities for which the Agency should have licensing functions under Part IV,

(iv)the assignment to the Agency of responsibility for specific environmental matters F56[or matters relating to radiological protection],

(v)any other matter which, in the opinion of the Advisory Committee, is relevant to the effective performance by the Agency of its functions.

(3)The Minister may consult the Advisory Committee on any matter arising in relation to his functions with respect to environmental protection F57[or radiological protection].

(4)The Advisory Committee shall be entitled to be informed at its meetings by the Director General, or a person appointed by him for the purpose, about the work of the Agency but (subject to section 110) not in relation to the detail of particular cases, and provided always that disclosure of such information shall not be in breach of section 39.

(5)Subject to section 110, the Advisory Committee shall not as of right be entitled—

(a)to receive specific information in relation to the processing of an application for, or the review of, an individual licence or revised licence under Part IV, or

(b)to have any recommendations regarding such a licence taken into account.

29. Staff of the Agency.

29.—(1)The Agency may appoint such persons to be employees of the Agency as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading.

(2)(a)An employee of the Agency shall be paid, out of moneys at the disposal of the Agency, such remuneration and allowances for expenses as the Agency, with the consent of the Minister and the Minister for Finance, may determine.

(b)An employee of the Agency referred to in paragraph (a) shall hold his employment on such other terms (including terms specifying the duration of such employment) and conditions as the Agency, with the consent of the Minister and the Minister for Finance, may determine.

30. Transfer of staff of public authorities.

30.—(1)The Minister may, from time to time, following consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned, request a public authority to designate for employment by the Agency employees of that authority whose principal duties relate to a function assigned or transferred to the Agency under this Act, or to be so assigned or transferred to the Agency, and the authority shall comply with such request.

(2)A public authority may, with the consent of the Minister who shall consult with the Agency on the matter, designate for employment by the Agency any person employed by the public authority.

(3)A public authority shall not designate an employee under subsection (1) or (2), without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intention to do so and considered any representations made by him, or by them or by any of them, in relation to the matter within such time as may be specified in the notification.

(4)The Agency shall, with the consent of the Minister who shall consult with the Agency on the matter, accept into its employment a person designated under subsection (1) or (2) for employment by the Agency.

(5)Acceptance into the employment of the Agency of a person designated under this section shall have effect on such day as may be specified by the Minister after consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned.

31. Conditions related to transfer of staff.

31.—(1)The terms and conditions relating to tenure which are granted by the Agency in relation to a person accepted into its employment under section 30 or 32 shall not, while the person is in the employment of the Agency, be less favourable to him than those prevailing immediately before his acceptance into such employment save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned; and if a dispute arises between the Agency and any such person as to terms and conditions prevailing immediately before his acceptance into the employment of the Agency, the matter shall be determined by the Minister for Finance, after consultation with the Minister.

(2)Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (1) shall not, while in the employment of the Agency, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure) to which he was subject immediately before the day on which he was so accepted.

(3)Until such time as the scale of pay and the terms and conditions of service (other than those relating to tenure) of a person referred to in subsection (1) are varied by the Agency, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which such a person was entitled and the terms and conditions of service (other than those relating to tenure), restrictions, requirements and obligations to which the person was subject immediately before such acceptance shall continue to apply and may be applied or imposed by the Agency, while the person is in the employment of the Agency; no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to an employee immediately before he was accepted into the employment of the Agency, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(4)Previous service of any person in a public authority from which he was accepted into the employment of the Agency under section 30 or 32 shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 and 1991.

32. Dissolution of An Foras Forbartha Teoranta.

32.—(1)The National Institute for Physical Planning and Construction Research Limited (An Foras Forbartha Teoranta) shall, on such date as may be specified by order of the Minister, made with the consent of the Minister for Finance, be dissolved by virtue of this section.

(2)An order under subsection (1) may provide for any consequential or ancillary matter or any other matter which the Minister considers necessary or expedient including, in particular—

(a)the transfer of staff of An Foras Forbartha Teoranta to the Agency,

(b)the transfer or distribution of property, rights and liabilities to the Agency, the Environmental Research Unit established under the Environmental Research Unit (Establishment) Order, 1988, the Minister, or any other public authority specified in the order,

(c)the preservation of continuing contracts related to environmental protection made by An Foras Forbartha Teoranta,

(d)the continuance of pending legal proceedings,

(e)the superannuation of former staff of An Foras Forbartha Teoranta.

(3)The Minister shall not make an order under subsection (2) (a) without having notified in writing any recognised trade unions or staff associations concerned of his intention to do so and considered any representations made by them or by any of them in relation to the matter within such time as may be specified in the notification.

(4)The Agency shall accept into its employment in accordance with the terms of this Act a person who is transferred under subsection (2) (a).

33. Superannuation of Director General and directors.

33.—(1)The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities or other allowances to or in respect of the Director General and other directors ceasing to hold office.

(2)A scheme under this section may provide that the termination of the appointment of the Director General or of a director during that person's term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.

(3)The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.

(4)If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity, or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance whose decision shall be final.

(5)A scheme under this section shall be carried out by the Agency in accordance with its terms.

(6)No pension, gratuity or other allowance shall be granted by the Agency to or in respect of any person referred to in subsection (1) ceasing to hold office otherwise than in accordance with a scheme under this section.

(7)Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

34. Superannuation of staff of Agency.

34.—(1)The Agency may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of such persons appointed under section 29 to, or accepted under section 30 or 32 into, wholetime employment of the Agency.

(2)A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3)The Agency may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4)If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final.

(5)No superannuation benefit shall be granted by the Agency on the resignation, retirement or death of an employee of the Agency otherwise than in accordance with a scheme under this section.

(6)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7)A scheme or schemes under subsection (1) shall, as respects a person accepted into wholetime employment of the Agency under section 30 or 32, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so accepted into the employment of the Agency in relation to the grant of such benefits.

(8)Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person accepted into wholetime employment of the Agency under section 30 or 32, in respect of his employment with the public authority concerned, the superannuation benefits shall be granted and paid to or in respect of the person by the Agency and, for that purpose, his pensionable service with the Agency shall be aggregated with his previous pensionable service.

(9)In this section and in sections 35 and 36 “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

35. Membership of House of Oireachtas or European Parliament.

35.—(1)Where the Director General or other director of the Agency—

(a)accepts nomination as a member of Seanad Éireann,

(b)is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c)is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be the Director General or a director of the Agency, as the case may be.

(2)Where a person who is an employee of the Agency—

(a)accepts nomination as a member of Seanad Éireann,

(b)is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c)is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period commencing on such acceptance, nomination or election, as the case may be, and ending when he fails to be elected to, withdraws his candidature for, or ceases to be a member of, either such House or such Parliament.

(3)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming the Director General or a director of the Agency or an employee of the Agency.

(4)Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits.

36. Membership of a local authority.

36.—(1)Where the Director General or other director of the Agency becomes a member of a local authority he shall thereupon cease to be the Director General or a director of the Agency, as the case may be.

(2)Subject to subsection (4), where a person who is an employee of the Agency becomes a member of a local authority, he shall be released on special leave and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period of his membership of the local authority.

(3)A person who is for the time being a member of a local authority shall be disqualified from becoming the Director General or a director of the Agency or an employee of the Agency.

(4)The Minister may by order designate a class, description or grade of employment to which the provisions of subsection (2) or (3) shall not apply while such order is in force.

(5)Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits.

(6)In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941.

37. Declaration of interests.

37.—(1)It shall be the duty of a person to whom this section applies to give to the Agency a declaration in the prescribed form, signed by him and containing particulars of every interest of his which is an interest to which this section applies and for so long as he continues to be a person to whom this section applies it shall be his duty where there is a change regarding any such interest or where he acquires any other interest to which this section applies, to give to the Agency a new declaration in the prescribed form.

(2)(a)This section applies to—

(i)the Director General or other director, and

(ii)an employee of the Agency or any other person whose services are availed of by the Agency and who is of a class, description or grade prescribed for the purposes of this section.

(b)This section applies to the following interests—

(i)any estate or interest which a person to whom this section applies has in any land or in any activity,

(ii)any business of dealing in or developing land, or any activity, in which such a person is engaged or employed and any such business carried on by a company or other body of which he, or any nominee of his, is a member,

(iii)any profession, business or occupation in which such a person is engaged, whether on his own behalf or otherwise, and which relates to dealing in or developing land or to an activity.

(3)A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if, and only if, he gives to the Agency a declaration mentioned in that subsection within the period of twenty-eight days beginning—

(a)in case the person is such a person on the commencement of this section, on such commencement,

(b)in case the person becomes such a person after the commencement of this section, on the day on which he becomes such a person,

(c)in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies, on the day on which the change occurs or the other such interest is acquired.

(4)For the purposes of this section, a person shall be regarded as having an estate or interest in land or an activity if he, or any nominee of his, is a member of a company or other body which has an estate or interest in the land or the activity.

(5)For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Agency or in performing any function in relation to any such matter.

(6)Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or by his nominee and the total nominal value of those shares does not exceed the lesser of—

(a)one thousand pounds, or

(b)one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he has an interest,

subsection (1) of this section shall not have effect in relation to that interest.

(7)The Agency shall for the purposes of this section keep a register (which register is in this section referred to as the register of interests) and shall enter therein the particulars contained in declarations given to the Agency pursuant to this section.

(8)The register of interests shall be available for inspection by any person at the Agency's headquarters during office hours and a copy of the register or any entry in the register may be obtained by any person on the payment to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making the copy.

(9)Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the Agency pursuant to this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the said register by the Agency.

(10)Subject to subsection (11), a person who fails to comply with subsection (1) or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or which to his knowledge are misleading in a material respect, shall be guilty of an offence.

(11)In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he believed, in good faith and upon reasonable grounds, that—

(a)the relevant particulars were true,

(b)there was no matter as regards which he was then required to make a declaration under subsection (1), or

(c)that the matter in relation to which the offence is alleged was not one as regards which he was so required to make such declaration.

(12)In this section “land” includes land covered by water.

38. Disclosure of interests.

38.—(1)Where the Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45, has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Agency, committee or consultative group or the person concerned, he shall comply with the following requirements—

(a)he shall disclose to the Agency, committee or consultative group, as the case may be, the nature of his interest in advance of any consideration of the matter,

(b)he shall neither influence nor seek to influence a decision in relation to the matter,

(c)he shall take no part in any consideration of the matter,

(d)if he is a director of the Agency, or a member of a committee or consultative group he shall withdraw from the meeting for so long as the matter is being discussed or considered by the Agency, committee or consultative group and shall not vote or otherwise act as such director or member in relation to the matter.

(2)For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a)he or any member of his household, or any nominee of his or of any member of his household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b)he or any member of his household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c)he or any member of his household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates,

(d)any member of his household has a beneficial interest in, or material to, such a matter.

(3)For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4)Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him to comply with the requirements of subsection (1), the question shall be determined by the Agency and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5)Where a disclosure is made to the Agency, a committee or consultative group pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

39. Disclosure of confidential information.

39.—(1)A person shall not disclose confidential information obtained by him in his capacity as Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency, or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45, unless he is duly authorised to do so.

(2)In this section—

“confidential information”, without prejudice to the provisions of section 110, includes information that is expressed by the Agency to be confidential either as regards particular information or as regards information of a particular class or description;

“duly authorised” means authorised by the Agency or by some person authorised in that behalf by the Agency for the purposes of this section.

40. Prohibition of certain communications.

40.—(1)A person shall not communicate with the Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency, or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45, for the purpose of influencing improperly his consideration of any matter which falls to be considered or decided by the Agency, committee or consultative group.

(2)If any person referred to in subsection (1) to whom a communication is made becomes of opinion that the communication is in contravention of that subsection, it shall be his duty not to entertain the communication further and he shall inform forthwith the Agency in writing of the substance of such communication and the Agency shall acknowledge in writing the receipt of such information.

41. Committees and consultative groups.

41.—(1)The Agency may from time to time appoint such and so many committees and consultative groups for such period and subject to such terms of reference as it thinks proper.

(2)The Agency may, subject to section 25 (6), delegate to a committee appointed under this section any of its functions which, in its opinion, can be better or more conveniently performed by a committee.

(3)The Agency shall appoint a person to chair the meetings of a committee or consultative group under this section and a person to act in the absence of the person so appointed.

(4)The Agency may at any time dissolve a committee or consultative group appointed under this section or remove a member of a committee or consultative group from such membership.

(5)Each member of a committee or consultative group appointed under this section shall be paid, out of moneys at the disposal of the Agency, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(6)A committee or consultative group appointed under this section may regulate, by standing orders or otherwise, its procedure or business.

42. Consultants and advisers.

42.—(1)The Agency may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Agency out of moneys at its disposal.

(2)Any person may notify the Agency in writing of his willingness to be engaged by the Agency as a consultant or adviser pursuant to this section and such person when so notifying the Agency shall give to the Agency particulars of his qualifications and experience.

(3)The Agency shall maintain a list of the persons who duly give to the Agency a notification pursuant to subsection (2).

(4)The Agency shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3), but nothing in this subsection shall be construed as precluding the Agency from engaging as a consultant or adviser a person whose name is not on the said list.