Environmental Protection Agency Act , 1992

(5)The Agency shall include in its annual report a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.

43. Establishment of regional environmental units.

43.—(1)The Agency shall establish such number of units (in this Act referred to as regional environmental units) as may be approved of by the Minister and shall, as far as is practicable, arrange for the performance of its functions, or particular functions, through such units.

(2)Each regional environmental unit shall comprise such number and types of employees and such facilities for the performance of its functions as the Agency considers necessary.

44. Provision of services to Agency.

44.—(1)For the purposes of enabling the Agency to perform its functions on and from the appropriate day, the Minister may, as an interim measure, supply to the Agency any services, including services of staff, required by the Agency and the Agency may avail of such services for which arrangements are made under this section.

(2)A local authority or any other public authority may supply to the Agency any services required by the Agency, including services of staff, for the performance of any of its functions under this Act on such terms and conditions as may be agreed.

45. Agreements between Agency and other public authorities.

45.—(1)Subject to section 25 (6), where—

(a)the Agency is of the opinion that any function or any service F58[relating to environmental protection] which may be exercised or performed by it should be exercised or performed on its behalf, whether generally or in a particular case, by a public authority, and

(b)the public authority is able and willing so to exercise or perform the function or service,

the Agency and the public authority may enter into an agreement that the function or service shall be so exercised or performed on behalf of the Agency by the public authority, and it shall thereupon become so exercisable or performable by the public authority.

(2)Where—

(a)consequent upon an agreement under subsection (1) a function or service becomes exercisable or performable by a public authority, and

(b)the Agency would, if it exercised or performed the function or service, be authorised by law to do any act or thing in relation to such exercise or performance,

the public authority shall be authorised to do that act or thing in relation to the exercise or performance by it of the function or service as if it were the Agency.

(3)The Agency shall furnish the Minister with a copy of an agreement to which this section applies.

(4)Any agreement under this section may contain such terms and conditions (including terms as to payment or otherwise) as may be decided between the parties to the agreement.

(5)Entry into an agreement under this section by a local authority shall be a reserved function.

(6)In this section—

“local authority” has the meaning assigned to it by the Local Government Act, 1941;

“reserved function” means—

(a)with respect to the council of a county (or an elective body for the purposes of the County Management Acts, 1940 to 1991) a reserved function for the purposes of the County Management Acts, 1940 to 1991,

(b)with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

46. Grants to Agency.

46.—The Minister may in each financial year, after consultation with the Agency in relation to its proposed work programme and expenditure for that year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Agency in the performance of its functions.

47. Borrowing by Agency.

47.—The Agency may, for the purposes of the performance of its functions, borrow money, but shall not do so without the consent of the Minister and the Minister for Finance.

48. Acceptance of gifts by Agency.

48.—(1)The Agency may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.

(2)The Agency shall not accept a gift if the trusts or conditions attached to it would be inconsistent with, or prejudice, the effective performance of its functions.

(3)The Agency shall publish in its annual report details of all gifts accepted by it during the period of the report.

49. Charges for services.

49.—(1)The Agency may determine charges or scales of charges in relation to the provision by it of services.

(2)The Agency may make such charges as it considers appropriate in accordance with the scales of charges provided for under subsection (1) in consideration of the provision by it of services.

(3)The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (2).

50. Accounts and audits.

50.—(1)The Agency shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.

(2)Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance, directs and those accounts when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

51. Annual report and information to Minister.

51.—(1)As soon as may be after the end of each financial year, but not later than six months thereafter, the Agency shall cause a report on the performance of its functions during that year to be laid before each House of the Oireachtas.

(2)The Agency shall supply the Minister with such information relating to the performance of its functions as he shall from time to time request.

PART III Functions of the Agency

52. Functions generally.

52.—(1)The functions of the Agency shall, subject to the provisions of this Act, include—

(a)the licensing, regulation and control of activities for the purposes of environmental protection,

(b)the monitoring of the quality of the environment, including the establishment and maintenance of data bases of information related to the environment and making arrangements for the dissemination of such information and for public access thereto,

(c)the provision of support and advisory services for the purposes of environmental protection to local authorities and other public authorities in relation to the performance of any function of those authorities,

(d)the promotion and co-ordination of environmental research, the provision of assistance and advice in relation to such research and the carrying out, causing to be carried out, or arranging for, such research,

(e)liaison with the European Environment Agency provided for under Council Regulation 1210/90/EEC^1,

(f)such other functions in relation to environmental protection as may be assigned or transferred to it by the Minister under section 53 or 54 including functions arising from any obligations under any treaty governing the European Communities or an act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(2)In carrying out its functions, the Agency shall—

(a)keep itself informed of the policies and objectives of public authorities whose functions have, or may have, a bearing on matters with which the Agency is concerned,

(b)have regard to the need for a high standard of environmental protection and the need to promote sustainable and environmentally sound development, processes or operations,

(c)have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution,

(d)have regard to the need to give effect, insofar as it is feasible,to the “polluter pays” principle, as set out in Council Recommendation 75/436/EURATOM, ECSC, EEC of 3 March, 1975^1, regarding cost allocation and action by public authorities on environmental matters,

(e)ensure, in so far as is practicable, that a proper balance is achieved between the need to protect the environment (and the cost of such protection) and the need for infrastructural, economic and social progress and development.

F59[(3) The Agency may have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances for any purpose in connection with its functions underparagraph (b)ofsubsection (1).

(4) The Agency shall notF60[be required to be a registered person or licensee within the meaning ofsection 2of theRadiological Protection Act 1991]to have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances for any purpose in connection with its functions under paragraph (b) ofsubsection (1).

(5) Any custody, production, processing, handling, holding, storing, using, manufacture, import, distribution, transport, export or disposal by the Agency, prior to the commencement of section 47 of the Radiological Protection (Miscellaneous Provisions) Act 2014, of radioactive substances for any purpose in connection with its functions underparagraph (b)ofsubsection (1)that would, but for this subsection, be invalid by reason only of a contravention of an order made undersection 30of theRadiological Protection Act 1991shall be, and shall be deemed always to have been, valid and effectual for all purposes.

(6) Ifsubsection (5)would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.]

53. Assignment of additional functions.

53.—(1)The Minister may, following consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned, by regulations assign to the Agency such additional functions F61[in relation to environmental protection] and, consequentially, modify any existing function in relation to environmental protection as from time to time he considers appropriate.

(2)Without prejudice to the generality of subsection (1), regulations under this section may assign to the Agency any function which relates to environmental protection and which arises from, or is necessary for, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(3)Any regulations made pursuant to this section may provide for the assignment to the Agency of such ancillary, incidental and supplementary functions F62[in relation to environmental protection] as, in the opinion of the Minister, are necessary for, or in connection with, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(4)(a)A charge may be made by the Agency, subject to regulations under this section, in connection with, incidental to, or for the purposes of, the effective performance of any function assigned to it under this section.

(b)The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from any such person any amount due and owing to it under paragraph (a).

54. Transfer of functions.

54.—(1)The Minister may, following consultation with the Agency, make regulations providing that any function relating to environmental protection conferred on a public authority under any enactment specified in the Second Schedule shall, where the Minister is satisfied that the function could be more effectively performed by the Agency, in addition to or in lieu of being performed by that authority, be performed by the Agency with effect from a date specified in the regulations.

(2)Regulations under subsection (1) shall not be made save with the agreement of any other Minister of the Government directly responsible for the function concerned or under whose aegis the public authority responsible for the function operates.

(3)Whenever regulations under this section are in force in relation to a particular function, a reference in any enactment to the public authority concerned shall be construed as including a reference to the Agency and the function to which the regulations relate shall be a function of the Agency.

(4)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 or in consequence of, or to give full effect to, the regulations.

55. Advisory functions in relation to Ministers of the Government.

55.—(1)The Agency may, of its own volition, and shall when requested by a Minister of the Government, give information or advice or make recommendations for the purposes of environmental protection F63[or radiological protection] to any such Minister on any matter relating to his functions or responsibilities and that Minister shall have regard to any such information or advice given or recommendations made.

(2)Without prejudice to the generality of subsection (1), the Agency—

(a)may, and shall when requested by a Minister of the Government—

(i)prepare and submit to the Minister concerned an assessment of any proposal for, or any proposal for the amendment or the implementation of, any treaty governing the European Communities or any act of the institutions of those Communities or other international convention or agreement to which the State is, or may become, a party having a bearing on environmental protection F64[or radiological protection],

(ii)advise the Minister concerned in relation to any proposals for legislative change, or on any other policy matters, concerning environmental protection F65[or radiological protection] and related matters,

(iii)submit to the Minister concerned any proposals it may consider appropriate for amendment of any enactment, or for new enactments, concerning environmental protection F66[or radiological protection],

(iv)prepare and submit information to, or advise, the Minister concerned in relation to guidelines, standards and other matters including management of coastal areas in relation to environmental protection F67[or radiological protection],

(v)report on and make recommendations to the Minister concerned on particular F68[issues or problems relating to environmental matters or radiological protection],

(b)may, and shall when requested by the Minister, make recommendations to the Minister in relation to any modification or extension of the functions of the Agency which it considers appropriate.

(3)The Minister may, by order made after consultation with any other Minister of the Government concerned, provide that a function performable by the Agency under subsection (1) or subsection (2) (a) shall be performable also in relation to any other public authority for which that other Minister is responsible.

(4)The Agency may, for any Minister of the Government or any public authority designated by order under subsection (3) or for any other person or body, organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations,training courses or publications for persons involved in environmental protection F69[or radiological protection].

56. Advisory functions in relation to local authorities.

56.—(1)The Agency may, and shall when requested by the Minister, give information or advice or make recommendations for the purposes of environmental protection, to a local authority or to local authorities generally in relation to the performance of any of its or their functions and the authority or authorities shall have regard to any such information or advice given or recommendations made.

(2)Without prejudice to the generality of subsection (1), information, advice or recommendations under this section may relate to—

(a)the provision of laboratory facilities and equipment, and related services,

(b)the preparation of legal proceedings in respect of any contravention of an enactment relating to environmental protection,

(c)the standards, conditions or criteria to be applied, or the guidelines, codes of practice or procedures to be followed, for the purposes of environmental protection in relation to any development, process or practice either generally or of a particular class,

(d)the management of coastal areas for the purposes of environmental protection,

(e)the monitoring of emissions and environmental quality,

(f)methods of sampling, measuring and analysis, and the equipment to be used for such sampling, measurement and analysis.

(3)The Agency may organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations, training courses or publications for staff of local authorities involved in environmental protection or for members of local authorities.

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

57. Assistance to local authorities.

57.—(1)The Agency shall provide such general support and assistance for the purposes of environmental protection to local authorities in relation to the performance of any of their functions as it considers necessary and feasible.

(2)The Agency may, for the purposes of subsection (1), make arrangements with a local authority, on such terms and conditions as may be agreed, for the provision of services, including services relating to staffing and equipment, to that local authority.

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

58. Drinking water.

F70[58.—(1) The Agency may request a water services authority to submit to it in such manner and at such times as it may direct, such information as the Agency may specify in relation to the management and treatment, and the monitoring of compliance with prescribed quality standards and other parametric values, of water intended for human consumption.

(2) The Agency shall arrange for, carry out or cause to be carried out, such inspection, auditing or monitoring as it considers necessary to verify information (including monitoring results) transmitted to it undersubsection (1).

(3) The Agency shall, in relation to each year, prepare and submit to the Minister a report on—

(a) the monitoring, together with an assessment of the results, referred to insubsection (1)or(2), and

(b) the implementation by the Agency of section 58A,

and the report shall include such recommendations as seem to it to be appropriate.

(4) Each report undersubsection (3)shall be laid by the Minister before each House of the Oireachtas and shall be published by the Agency.

(5) In this section andsection 58A"parametric values" and "water services authority" have the meanings assigned to them, respectively, insection 2of the Water Services Act 2007.]

58A. F71[Performance by water services authorities of statutory functions in relation to drinking water.

58A.—(1) Notwithstandingsection 30of the Water Services Act 2007, the Agency shall—

(a) monitor compliance with prescribed water quality standards and other parametric values of water supplied by or on behalf of a water services authority for human consumption, and

(b) be responsible for enforcement of compliance with such standards.

...]

59. Sewage or other effluents.

59.—(1)The Minister may, for the purposes of environmental protection and, in particular, for the purpose of giving full effect to Council Directive 91/271/EEC^1, make regulations for the collection, treatment, discharge or disposal of sewage or other effluents to waters from—

(a)any plant or drainage pipe vested in or controlled or used by a sanitary authority for the treatment of drinking water, or

(b)any plant, sewer or drainage pipe vested in or controlled or used by a sanitary authority for the treatment and disposal of sewage or other effluents.

(2)Without prejudice to the generality of subsection (1), regulations may provide for all or any of the following—

(a)the time within which specified systems or classes of systems for the collection and treatment of sewage effluents shall be provided,

(b)the design, construction and maintenance of collection and treatment systems,

(c)standards or other requirements for effluents specified in subsection (1),

(d)criteria for the designation of areas or classes of areas or waters or classes of waters by such person as may be specified and the times within which such designations shall be made or reviewed for the purposes of subsection (3),

(e)monitoring of sewage or other effluents and of waters to which sewage or other effluents are discharged,

(f)re-use and disposal of effluents.

(3)Standards or other requirements prescribed under subsection (2) may relate to—

(a)all, or specified classes of, or specified volumes of, effluents,

(b)effluents in designated areas or classes of areas or specified plant, sewers or drainage pipes, or specified classes of plant, sewers or drainage pipes, or

(c)effluents discharged to designated waters or classes of waters,

and different standards or other requirements may be prescribed in relation to different effluents or classes of effluents, different areas or classes of areas, different waters or classes of waters or different plant, sewers or drainage pipes or classes of plant, sewers or drainage pipes.

(4)In prescribing standards or other requirements under subsection (2) the Minister shall have regard to any criteria specified and published by the Agency under section 60.

(5)The Minister may make regulations providing for the grant of an authorisation to a sanitary authority by the Agency in respect of the discharge of:

(a)all, or specified classes of, or specified volumes of, effluents,

(b)effluents in designated areas or classes of areas or specified plant, sewers or drainage pipes, or specified classes of plant, sewers or drainage pipes, or

(c)effluents discharged to designated waters or classes of waters,

requiring compliance by such sanitary authority with such standards or other requirements as have been specified under subsection (2) (c).

(6)Where a standard or other requirement is prescribed under subsection (2), the sanitary authority shall, where necessary, take steps as soon as is practicable, or within such period as may be prescribed for compliance with such standard or other requirement, to ensure that the said effluent complies with the standard or other requirement.

(7)It shall be a good defence to a prosecution for an offence under any enactment other than this Act that the act constituting the alleged offence was in compliance with a standard or other requirement specified under subsection (2) (c) or an authorisation granted under this section.

(8)Section 26 of the Local Government (Water Pollution) Act, 1977, is hereby amended by the insertion of the following subsection after subsection (1):

F73[(9) In this section a reference to a sanitary authority shall be construed, subject to the discretion of the Minister in relation to regulations undersubsection (5), as including a reference to any person acting on behalf of or jointly with a sanitary authority.]

60. Agency functions in relation to water or sewage treatment.

60.—(1)The Agency may, and shall if so directed by the Minister, specify and publish criteria and procedures, which in the opinion of the Agency are reasonable and desirable for the purposes of environmental protection, in relation to the management, maintenance, supervision, operation or use of all or specified classes of plant, sewers or drainage pipes vested in or controlled or used by a sanitary authority for the treatment of drinking water or for the treatment or disposal of any sewage or other effluent to any waters and a sanitary authority shall, in the performance of its functions, have regard to such criteria and procedures.

(2)Without prejudice to subsection (1), specified criteria and procedures may relate to—

(a)site selection,

(b)the location of effluent discharges, the periods during which discharges may be made or may not be made and the design and construction of outlets for discharges,

(c)the provision and maintenance of meters, gauges, other apparatus, manholes and inspection chambers.

F74[(3) In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.]

61. Monitoring in relation to sanitary authorities' effluents.

61.—(1)(a)A sanitary authority in which is vested or which has control over, or the use of, any plant, sewer or drainage pipe from which effluent is discharged to waters and in respect of which standards or other requirements have been prescribed or an authorisation issued under section 59, or criteria and procedures have been specified under section 60, shall carry out, cause to be carried out, or arrange for, such monitoring of the effluent or of the waters concerned or in connection with the management or operation of the plant, sewer or drainage pipe—

(i)as may be necessary or prescribed under section 59 (2) (e) to assess compliance with standards or other requirements prescribed, or authorisation issued, under section 59, or

(ii)as the Agency shall direct in relation to criteria and procedures specified under section 60, and shall transmit the results of such monitoring to the Agency in such manner and at such times as the Agency shall direct.

(b)The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).

(2)Where the Agency—

(a)is of the opinion that the monitoring being carried out in accordance with the provisions of subsection (1) (a) (i) is inadequate for the purposes of assessing compliance with standards or other requirements prescribed, or authorisation issued, under section 59, or

(b)is not satisfied with the response of a sanitary authority to a direction under subsection (1) (a) (ii),

it shall consult with the sanitary 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 sanitary authority as a simple contract debt in any court of competent jurisdiction.

(3)The Agency shall, from time to time, or at such intervals not exceeding two years and in such manner as may be prescribed for the purposes of monitoring compliance with specified standards or other requirements prescribed or authorisations issued under section 59, prepare and publish reports on the quality of effluents being discharged from plant, sewers or drainage pipes vested in, or controlled or used by, sanitary authorities and shall include in such reports such recommendations as it considers appropriate.

F75[(4)In this section, a reference to a sanitary authority shall be construed as including a reference to any person acting on behalf of or jointly with a sanitary authority.]

62. Landfill sites for waste disposal.

62.—(1)The Agency shall, as soon as is practicable, for the purposes of environmental protection, specify and publish criteria and procedures for the selection, management, operation and termination of use of landfill sites for the disposal of domestic and other wastes.

(2)Without prejudice to the generality of subsection (1), specified criteria and procedures may relate to—

(a)site selection,

(b)design and bringing into operation of sites,

(c)impacts on the environment,

(d)leachate management, treatment and control,

(e)control and recovery of landfill gas,

(f)operational guidelines, including classification of wastes and establishment of acceptance criteria for landfill,

(g)acceptance of different classes of wastes at different classes of sites,

(h)fire, pest and litter control,

(i)appropriate recovery, reuse and recycling facilities,

(j)co-disposal of industrial and other wastes,

(k)monitoring of leachate, other effluents and emissions,

(l)termination of use and subsequent monitoring.

(3)(a)A local authority which manages or operates a landfill site to which specified criteria and procedures apply shall carry out, cause to be carried out, or arrange for, such monitoring in connection with the management or operation of the landfill site as the Agency shall direct, and shall transmit the results of such monitoring and such information on the management or operation of the site to the Agency in such manner and at such times as the Agency shall direct.

(b)The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).

(4)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.

(5)Where criteria and procedures specified under this section relate to a landfill site managed or operated by a local authority, the authority shall, where necessary, take steps as soon as is practicable to ensure that the management or operation of such landfill site complies with the specified criteria and procedures.

(6)The Agency shall, from time to time, prepare and publish reports on the management and operation of local authority landfill sites and shall include in such reports such recommendations as it considers appropriate.

(7)In this section “local authority” means a public waste collector for the purposes of the European Communities (Waste) Regulations, 1979.

63. F76[Performance of statutory functions by local authorities.

63.—(1) The Agency may request a local authority to furnish, within a specified period, to it information in relation to the performance by the authority, either generally or in a specific case, of a statutory function of that authority in relation to environmental protection and the authority shall comply with such a request.

(2) The Agency may, having notified the local authority of its intention to do so, carry out an assessment of the performance by a local authority, either generally or in a specific case, of a statutory function of that authority in relation to environmental protection; for that purpose the authority shall comply with any request for the furnishing to the Agency of information, records or reports or the results of any monitoring by the authority, or, in connection with the foregoing, the affording to the Agency of access to any premises occupied by the authority, made by the Agency during the course of such assessment.

(3) Having exercised its powers undersubsection (1)or(2), and having considered any information furnished to, or otherwise coming into the possession of, it in consequence of that exercise, the Agency may, with a view to ensuring the satisfactory performance by the local authority concerned of the function in question, do all or any of the following—

(a) issue such advice and recommendations to the authority as it considers necessary,

(b) provide, on such terms and conditions as may be agreed, such assistance, support or guidance as the Agency considers, in consultation with the authority, would be helpful,

(c) without prejudice to any of its powers under this Act or any other enactment, issue to the authority the terms of a direction ("the proposed direction") it proposes to issue, undersubsection (5), to the authority requiring it to carry out, cause to be carried out, or arrange for, within a specified period, such action related to the function in question as the Agency considers necessary for the purposes of environmental protection.

(4) The proposed direction shall specify a period within which the local authority may make observations to the Agency in relation to the proposal to make the direction (and the authority may make such observations within that period accordingly).

(5) After the expiration of the period referred to insubsection (4)and consideration of any observations made by the local authority under that subsection, the Agency may confirm, with or without modification, or decide not to confirm its proposal to make the direction concerned, and, in a case where the proposal is confirmed, the Agency shall issue to the authority the direction concerned accordingly and the authority shall comply with the direction within the period specified therein.

(6) Notwithstanding anything in this section, where the Agency is of the opinion that the failure of a local authority to perform in a satisfactory manner a statutory function of the authority in relation to environmental protection is resulting in significant environmental pollution, or in a real and imminent risk of such pollution, the Agency may direct the authority to carry out, cause to be carried out, or arrange for, within a specified period, such action related to the function in question as the Agency considers necessary for the purposes of preventing, limiting, eliminating, abating or reducing such pollution, and the authority shall comply with such a direction.

(7) Where a local authority fails to comply with a direction issued undersubsection (5)or(6), the Agency may carry out, cause to be carried out, or arrange for, such action related to the function in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the Agency from the authority as a simple contract debt in any court of competent jurisdiction.

(8) A local authority shall be guilty of an offence if it—

(a) fails to comply with a request undersubsection (1)or(2), or

(b) fails to comply with a direction undersubsection (5)or(6).

(9) The Minister may, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, make regulations enabling the Agency to exercise, in relation to a public authority (other than a local authority within the meaning of this section) that, in the opinion of the Minister, performs a statutory function in relation to environmental protection, the powers conferred on the Agency by this section in relation to a local authority.

(10) Nothing in this section shall be construed as enabling the Agency to exercise any power or control under this section in relation to the making of a decision on an application for a permission under section 34 of the Act of 2000.

(11) In this section, "local authority" has the meaning assigned to it bythe Local Government Act 2001.]

64. Hydrometric programme.

64.—(1)The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, prepare a national programme for the collection, analysis and publication of information on the levels, volumes and flows of water in rivers, lakes and groundwaters in the State (in this Act referred to as “hydrometric data”), and a copy of such programme shall, as soon as may be, be sent by the Agency to the Minister.

(2)A programme under this section may, after consultation with the persons or bodies (if any) referred to in subsection (1), be revised from time to time by the Agency and shall be reviewed at least every five years.

(3)It shall be the duty of the Agency to take appropriate steps to ensure that a programme under this section is implemented and for that purpose the Agency may—

(a)direct a local authority to provide, operate and maintain such gauges and other equipment as it may specify and to furnish specified information to the Agency in such manner and at such times as it may specify,

(b)make arrangements with any public authority, or other person or body to provide, operate and maintain such gauges and other equipment as it may specify and to furnish specified information to the Agency in such manner and at such times as it may specify,

(c)provide, operate and maintain gauges and other equipment for recording hydrometric data.

(4)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.

65. Environmental monitoring programme.

65.—(1)The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, prepare programmes for monitoring the quality of the environment and a copy of each such programme shall, as soon as may be, be sent by the Agency to the Minister and shall be published by the Agency.

(2)A programme under this section shall specify—

(a)the nature and extent of the monitoring to which the programme relates and the reasons why, in the opinion of the Agency, the monitoring should be carried out,

(b)the persons or bodies (including the Agency) by which the intended monitoring is to be carried out,

(c)the resources, including equipment, other facilities and staff, required to carry out the monitoring and the cost thereof,

(d)the arrangements which the Agency considers appropriate for access to, dissemination of, and publication of the results of the monitoring.

(3)It shall be the duty of the Agency to take appropriate steps to ensure that a programme under this section is implemented and for that purpose the Agency may—

(a)give such directions as it considers appropriate to any local authority in relation to the carrying out of monitoring by that authority,

(b)make arrangements with any public authority, or other person or body, for the carrying out of specified monitoring,

(c)carry out, cause to be carried out, or arrange for, such monitoring as it may consider necessary for the purposes of the programme,

(d)assist any person or body in the carrying out of any part of the approved monitoring programme.

(4)The Minister may make regulations specifying the monitoring, or classes of monitoring in relation to which the Agency shall consult with him and obtain his agreement prior to giving any directions under subsection (3) (a).

(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.

(6)The Agency may, after consultation with the persons or bodies (if any) referred to in subsection (1), amend or revoke a programme.

66. Establishment of an accreditation scheme.

66.—(1)(a)The Agency may, for the purposes of assessing analytical performance and ensuring the validity and comparability of environmental F78[or radiological] 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.

(2)The Agency may require any laboratory which supplies environmental F79[or radiological] data to the Agency or in connection with any function F80[of the Agency] 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.

(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.

(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).

(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.

67. Access to monitoring results.

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.

68. Monitoring activities of public authorities.

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.

(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).

(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.

(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.

(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.

(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).

(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).

(8)A report under subsection (7) shall be laid by the Minister before each House of the Oireachtas.

69. Environmental quality data storage system.

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.

(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.

(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.

(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.

(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.

70. State of the environment reports.

70.—The Agency shall—

(a)within a period of five years after it is established and in every F81[fourth] 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.

71. Environmental research.

71.—(1)The functions of the Agency in relation to environmental research shall include the matters specified in this section.

(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.

(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.

(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.

(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).

(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.

72. Environmental impact assessment.

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 F82[environmental impact assessment reports] 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.

(2)Guidelines under subsection (1) may relate to all development, or to any particular class of development, to which this section applies.

(3)(a)Regard shall be had, in the preparation of an F82[environmental impact assessment report] 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 F82[environmental impact assessment report] 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.

(4)(a)A copy of an F82[environmental impact assessment report] 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 Part IV is required, shall be sent to the Agency by the person or body on whose behalf the F82[environmental impact assessment report] is prepared, at such time as may be prescribed.

(b)(i)The Agency may, having considered an F82[environmental impact assessment report] 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 F82[environmental impact assessment report] 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 F82[environmental impact assessment report] 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 F82[environmental impact assessment report], have regard to such submissions or observations.

(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 F82[environmental impact assessment report], 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.

(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.

(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.

(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 F82[environmental impact assessment report] 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 F82[environmental impact assessment report] in respect of development to which this section applies is required to be prepared;

F82[“environmental impact assessment report”] includes an “environmental impact study” for the purposes of the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988.

73. Environmental approval.

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 F83[or the Aquaculture Licences Appeals Board] 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.

(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.

(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.

(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.

(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.

(6)The Minister for the Marine may, by order, with the consent of the Minister, amend or revoke an order under subsection (4).

74. Environmental audit.

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.

(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.

(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.

(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.

75. Environmental quality objectives.

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.

(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.

(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.

76. Codes of practice.

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 F84[or radiological protection, in particular matters referred to insection 8(f) of theRadiological Protection Act 1991].

(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.

(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.

(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.

(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.

77. Evidence of code of practice.

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.

78. Labelling of products and services.

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.

(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.

(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.

(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.

(5)The Agency may amend or revoke a scheme under subsection (1).

79. General policy directives.

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 F85[or radiological protection].

(2)In performing its functions the Agency shall have regard to any directives given by the Minister under this section.

F86[(3) Subject tosubsection (3A), nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circum~stances by the Agency of a function assigned to it by or under this Act.]

F87[(3A)Subsection (3)shall not affect the performance by the Minister of functions transferred (whether before or after thepassing of the Minister for the Environment and Local Govern~ment (Performance of Certain Functions) Act, 2002) to him from the Minister for Community, Rural and Gaeltacht Affairs by an order under section 6(1) of theMinisters and Secretaries (Amendment) Act, 1939.]

(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.

(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.

80. Consultation by the Agency.

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.

81. Consultation with the Agency.

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.

81A. F88[Regulations in relation to environmental inspections.

81A.—(1) The Minister may, for the purposes of environmental protection, make regulations providing for the carrying out by the Agency or a local authority of environmental inspections in connection with the performance of a statutory function of the Agency or a local authority in relation to environmental protection.

(2) Without prejudice to the generality ofsubsection (1), regulations under this section may make provision for all or any of the following—

(a) the organisation and carrying out of environmental inspections,

(b) the preparation of plans for environmental inspections, the procedures to be followed in the preparation of such plans, the scope and contents of such plans, arrangements for their review, and the period in respect of which they are to apply,

(c) the frequency of site visits and the matters to be examined in the course of such visits,

(d) the preparation of reports following site visits and the making of the reports publicly available, and the time within which each of those things is to be done,

(e) the investigation of incidents giving rise, or likely to give rise, to environmental pollution.

(3) In this section—

"environmental inspections" shall be construed in accordance with European Parliament and Council Recommendation of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States^(1);

"local authority" has the meaning assigned to it bythe Local Government Act 2001;

"site visit" means a visit to a site at which there is being, or has been, carried on any activity (whether an activity within the meaning of this Act or not), being a visit which the Agency or the local authority, as the case may be, may make in exercise of the powers conferred on it by any enactment (other than this section).]

PART IV F89[Integrated Pollution Prevention and Control]

81B. F90[Definitions (Part IV)

81B.—In this Part, "substance" means any chemical element and its compounds, with the exception of the following substances:

(a) radioactive substances as defined in Article 4 of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation^2

(b) genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and the Council of 6 May 2009 on the contained use of genetically modified micro-organisms^3

(c) genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms^4;]

82. Licences.

F91[82.—(1) In this section "previous Part IV" means this Part as it had effect before the amendment of it bysection 15of the Protection of the Environment Act 2003.

(2) A person shall not carry on an activity, other than an established activity or an activity to whichsubsection (3)applies, unless a licence or revised licence under this Part is in force in relation to the activity.

(3) (a) A person shall not continue to carry on an activity (other than an established activity) the carrying on of which—

(i) commenced on or after 30 October 1999 but before the commencement ofsection 15of the Protection of the Environment Act 2003, and

(ii) was not licensable under the previous Part IV but is licensable under this Part,

unless, within the period of 6 months from the commencement of that section, a licence under this Part is in force in relation to it.

(b)Paragraph (a)is without prejudice toparagraph (c).

(c) The carrying on of an activity to whichparagraph (a)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, within the period of 6 months referred to inparagraph (a), an application has been made for a licence in respect of that activity and the requirements of regulations made undersection 89in relation to the application for the licence have been complied with by the applicant therefor.

(4) (a) 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.

(b)Paragraph (a)is in addition to the circumstances specified in section 98 in which a licence is required under that section in respect of an established activity.

(5) In the period (following the specification of a date by an order under subsection (4)) before a licence in relation to the established activity concerned is granted or refused, the requirements of any other legislation relevant to the activity shall continue to apply.

(6) Notwithstanding the specification of a date by an order undersubsection (4), 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 that specified date, an application has been made for a licence in respect of that activity and the requirements of regulations made undersection 89in relation to the application for the licence have been complied with by the applicant therefor.

(7) Every licence and revised licence granted under the previousPart IVand in force immediately before the commencement ofsection 15of the Protection of the Environment Act 2003 shall, without prejudice tosubsections (10)and(11),section 92and the other provisions of this Act, continue in force; for the avoidance of doubt, the provisions of this Part, and not of the previousPart IV, shall apply to such a licence.

(8) Every application made under the previousPart IVfor a licence, or the review of a licence or a revised licence, and every review of a licence or a revised licence commenced by the Agency of its ownvolition under the saidPart IV, and not finally dealt with and determined or completed before the commencement ofsection 15of the Protection of the Environment Act 2003, shall continue to be dealt with by the Agency, and be determined or completed by it, as if the application were an application for a licence, or the review of a licence or a revised licence under this Part or, as the case may be, the review were a review commenced by the Agency of its own volition under this Part.

(9) Every order made undersubsection (2)(beingsubsection (2)of this section as it had effect in the previousPart IV) and in force immediately before the commencement ofsection 15of the Protection of the Environment Act 2003, shall continue in force as if it were an order made undersubsection (4).

(10) The Agency shall, not later than 30 September 2007, have done the following (which, by virtue of this subsection, it has power to do)—

(a) examined the terms of every licence and revised licence to whichsubsection (7)applies and for the time being in force and determined whether, having regard to the provisions of the Directive andsubsection (11), the licence or revised licence requires to be reviewed under this Part or be the subject of the exercise of the powers conferred bysubsection (11), and

(b) if—

(i) it has determined that the licence or revised licence requires to be so reviewed, commenced such a review and exercised the powers conferred on it by this Part consequent on such a review, or

(ii) it has determined that the licence or revised licence does not require to be so reviewed andsubsection (11)does not apply and, accordingly, that no further action is required, declared in writing that it is of that opinion.

(11) If the bringing into conformity with the Directive of a licence or revised licence to whichsubsection (7)applies can, in the opinion of the Agency, be achieved by amending one or more of the conditions of the licence (and the making of those amendments will not significantly alter the character of the licence) then, unless the Agency considers it ought nevertheless, in the public interest or because of other special considerations, carry out the review and exercise the powers referred to insubsection (10)(b)(i)in relation to the licence, the Agency shall have made, not later than 30 September 2007, those amendments of the conditions of the licence or revised licence (which, by virtue of this subsection, it has power to do).]

82A. F92[Transitional matters for activities licensed under this Act consequent upon Industrial Emissions Directive.

82A.—(1) In this section“earlierPart IV”means this Part as it had effect before the amendment of it by the European Union (Industrial Emissions) Regulations 2013.

(2) On or after 7 January 2014 a person shall not carry on an activity to whichsubsection (3)applies unless—

(a) on the coming into operation of this section a licence or revised licence under the earlierPart IVis in force in relation to the activity, or

(b) in respect of the activity—

(i) on the coming into operation of this section an application has been made to the Agency under the earlierPart IVfor a licence or revised licence and the requirements of regulations undersection 89in relation to the application for the licence or revised licence have been complied with by the applicant, and

(ii) on or before 7 January 2014—

(I) a licence or revised licence on foot of the application referred to insubparagraph (i), subject tosubsection (6), is granted if required, under the earlierPart IVor this Part, as the case may be, and

(II) the licensee concerned commences carrying on the activity.

(3)Subsection (2)applies to any of the following activities:

(a) an activity specified inparagraph 2.1of theFirst Schedulewhich has a total rated thermal input exceeding 50 MW;

(b) an activity specified inparagraph 9.3.1, 9.4.1, 9.4.2(a), 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 12.3, 1.1.1, 10.2, 10.3, 10.4, 4.3, 4.2.1or13.4.1of theFirst Schedule;

(c) an activity specified inparagraph 5.12, 5.13, 5.14, 5.15, 5.16or5.17of theFirst Scheduleprovided that the activity concerns production by chemical processing;

(d) an activity specified inparagraph 8.1, 8.2, 8.5.1, 8.6.1, or7.4.1of theFirst Schedule;

(e) an activity specified inparagraph 7.8of theFirst Scheduleprovided that Directive 2008/1/EC^1of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as“Directive 2008/1/EC”) applies to the activity;

(f) an activity specified inparagraph 7.2.1, 7.7.1, 6.1, 6.2, 12.2.1, 9.4.3or13.5of theFirst Schedule.

(4) On or after 7 July 2015 a person shall not continue to carry on an activity to whichsubsection (5)applies unless—

(a) on the coming into operation of this section a licence or revised licence granted under the earlierPart IVis in force in relation to that activity, or

(b) in respect of the activity—

(i) on the coming into operation of this section an application has been made to the Agency under the earlierPart IVfor a licence or revised licence and the requirements of regulations under section 89in relation to the application for the licence or revised licence have been complied with by the applicant, and

(ii) on or before 7 July 2015—

(I) a licence or revised licence on foot of the application referred to insubparagraph (i), subject tosubsection (7), is granted if required, under the earlierPart IVor this Part, as the case may be, and

(II) the licensee concerned commences carrying on the activity.

(5)Subsection (4)applies to any of the following activities:

(a) an activity specified inparagraph 2.1of theFirst Schedulewhich has a total rated thermal input of 50 MW;

(b) an activity specified inparagraph 9.4.2(b)of theFirst Schedule;

(c) an activity specified inparagraph 5.12, 5.13, 5.14, 5.15, 5.16or5.17of theFirst Scheduleprovided that the activity concerns production by biological processing;

(d) an activity specified inparagraph 7.8of theFirst Scheduleprovided that Directive 2008/1/EC does not apply to the activity;

F93[(e) an activity specified inparagraph 8.3, 8.7or13.6of theFirst Schedule.]

(6)(a) Where an application to whichsubsection (2)(b)refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.

(b) Where an application to whichsubsection (2)(b)refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.

(7)(a) Where an application to whichsubsection (4)(b)refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlierPart IV.

(b) Where an application to whichsubsection (4)(b)refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.

(8) A licence or revised licence referred to insubsection (2)(a)in force on the coming into operation of this section or(2)(b)and granted, in accordance withsubsection (6)(a)under the earlierPart IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—

(a) examined the terms of every licence and revised licence referred to insubsection (2)(a)or(2)(b)which was granted, in accordance with subsection (6)(a) under the earlierPart IV, and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and

(b) if—

(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance withsubsection (11), or

(ii) it has determined that the licence or revised licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(9) A licence or revised licence referred to insubsection (4)(a)in force on the coming into operation of this section or(4)(b)and granted, in accordance withsubsection (7)(a)under the earlierPart IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—

(a) examined the terms of every licence and revised licence referred to insubsection (4)(a)or(4)(b)which was granted under the earlier Part IV and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and

(b) if—

(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance withsubsection (11), or

(ii) it has determined that the licence or revised licence does not require be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(10)(a) None of the requirements ofsection 90shall apply to the performance of functions conferred on the Agency undersubsection (8)or(9)but the Agency shall, where appropriate, consult with the licensee before performing that function.

(b) Where the Agency considers that it is necessary for the purpose of the performance of the functions conferred on the Agency undersubsection (8)or(9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.

(c) The Agency shall, as soon as may be after the performance of functions conferred on it undersubsection (8)or(9), notify particulars of the amendment effected by that performance to each person who made an objection to the Agency under section 87(5) in relation to any performance by the Agency of powers conferred on it undersection 83or90as respects the licence or revised licence concerned.

(11) If the bringing into conformity with the Industrial Emissions Directive of a licence or revised licence undersubsection (8)or(9)can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the licence or revised licence (and the making of the amendment will not significantly alter the character of the licence or revised licence) then, the Agency shall make those amendments of the conditions of or schedules to the licence or revised licence (which, by virtue of this subsection, it has power to do).]

82B. F94[Provision supplemental to section 82.

82B.—...]

82C. F95[Exemption under section 5(1) of Act of 2022

82C.—The exemption in section 5(1) of the Act of 2022 applies in relation to an application for a licence pursuant to this Part in respect of designated development.

82D.—Taking into account the exceptional circumstances and the urgent and compelling necessity for securing the supply of electricity in the State set out in the Act of 2022, the Agency, in considering designated applications, shall do so in a manner consistent with the plans, strategy, framework and objectives referred to in section 15 (1) of theClimate Action and Low Carbon Development Act 2015to the extent that it considers practicable, taking particular account of the said exceptional circumstances and urgent and compelling necessity.]

83. F97[Determination of applications for licences.

83.—(1) Where an application is made to the Agency in the prescribed manner for a licence under this Part it may, subject tosection 99Aand to compliance with any regulations undersection 89, grant the licence subject to such conditions as it considers appropriate or refuse the application.

(2) Unless it considers that it is unnecessary to do so, the Agency shall carry out or cause to be carried out such investigations as it thinks appropriate or as may be prescribed—

(a) prior to, and for the purposes of determining, any application made to it under this Part,

(b) as part of the review of a licence or revised licence commenced by the Agency undersection 90, or

(c) for the purposes ofsection 82(10)or(11),

and may require the applicant or the licensee, as the case may be, to defray or contribute towards the cost of any such investigation.

F98[(2A)(a) In this subsection:

F99[“alternative assessment”has the meaning given to it bysection 89(2A);]

“application for a licence”means an application made to the Agency—

(i) for a licence under this Part, or

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

F100["environmental impact assessment" means a process–

(i) consisting of—

(I) the preparation of an environmental impact assessment report by the applicant in accordance with this Act,

(II) the carrying out of consultation required by or under this Act,

(III) the examination by the Agency of—

(A) the information presented in the environmental impact assessment report,

(B) any additional information provided by the applicant under this Act, and

(C) any relevant information received under this Act,

(IV) the reaching of a reasoned conclusion by the Agency in accordance withsection 87(9a)on the significant effects of the proposed activity on the environment, taking into account the results of the examination referred to insubparagraph (III)and, where appropriate, its own supplementary examination, and

(V) the integration of the Agency’s reasoned conclusion into its decision to grant a licence, or to refuse an application, undersection 83(1)or a decision to amend a licence or revised licence, to grant a revised licence, or to refuse to grant a revised licence, undersection 90(2),

and

(ii) including an examination, analysis and evaluation by the Agency in accordance with this section in order to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed activity, including significant effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on—

(I) population and human health,

(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 1992^5and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^6,

(III) land, soil, water, air and climate,

(IV) material assets, cultural heritage and the landscape, and

(V) the interaction between the factors mentioned insubparagraphs (I)to(IV);]

F99[“environmental report”means a report prepared in accordance with Regulation 7 of theDevelopment (Emergency Electricity Generation) Regulations 2022(S.I. No. 719 of 2022);]

(b) The Agency as part of its consideration of an application for a licenceF99[, other than a designated application,]shall ensure before a licence or a revised licence is granted, and where the activity to which such licence or revised licence relates is likely to have significant effects on the environment by virtue,inter alia, of its nature, size or location, that, in accordance with this subsection andsection 87(1A)toF101[(1I)], the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.

F102[(ba) Where the Agency receives an application for a licenceF99[, other than a designated application,]in respect of an activity relating to development or proposed development referred to inparagraph (c)(ii)the Agency shall require the applicant for a licence to provide it with information on the characteristics of the activity and its likely significant effects on the environment.

(bb) Where an applicant is subject to a requirement by the Agency underparagraph (ba)it shall—

(i) provide the information specified in Annex IIA to the EIA Directive, and

(ii) where relevant, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).

(bc) Where an applicant is subject to a requirement by the Agency underparagraph (ba)it may also provide a description of any features of the activity or measures envisaged to avoid or prevent significant adverse effects on the environment.