Environmental Protection Agency Act , 1992

(bd) Where the Agency receives information from an applicant underparagraph (bb)it shall make a determination as to whether the activity to which the licence or revised licence applied for relates should be subject to environmental impact assessment on the basis of such information, taking into account the relevant selection criteria specified in Annex III to the EIA Directive and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).

(be) A determination underparagraph (bd)shall—

(i) where the Agency determines that the activity should be subject to environmental impact assessment, specify with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination, and

(ii) where the Agency determines that the activity should not be subject to environmental impact assessment, specify—

(I) with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination, and

(II) any features of the activity and measures proposed by the applicant, to avoid or prevent significant adverse effects on the environment relied upon by it in making the determination.

(bf) Where the Agency specifies a measure underparagraph (be)(ii)(II)as a measure relied upon by it in making the determination pursuant tosection 83(2A)(bd), that an environmental impact assessment is not required in relation to an application for a licence, the Agency shall make carrying out the measure concerned a condition of any licence granted on that application.

(bg) Subject toparagraph (bh), the Agency shall make its determination underparagraph (bd)as soon as possible and within 90 days from the date on which the applicant has submitted all the information required by the Agency underparagraph (ba).

(bh) The Agency may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the proposed activity, extend the 90 day period referred to inparagraph (bf)in order to make its determination and in such cases it shall inform the applicant in writing of the reasons justifying the extension and of the date when its determination is expected.

(bi) The Agency shall make an electronic version of any determination underparagraph (bd)available to the public on its website.]

(c) Subject toparagraph (b)andsection 87(1A)toF101[(1I)], an environmental impact assessment shall be carried out by the Agency in respect of an application for a licenceF99[, other than a designated application,]relating to an activity, where development comprising or for the purpose of the activity is:

F103[(i) development of a class specified in Part 1 of Schedule 5 to the Planning and Development Regulations 2001, or]

F104[(ii) development of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 that the Agency determines would be likely to have significant effects on the environment.]

F99[(ca) An alternative assessment shall be carried out by the Agency in respect of a designated application.

(cb) A person making a designated application shall submit an environmental report to the Agency with the application.]

(d) Subject tosection 87(1A)toF101[(1I)]an applicant for a licenceF99[, other than a person making a designated application,]shall submit anF105[environmental impact assessment report]with the application for the licence made to the Agency—

(i) where the application for a licence concerned is in respect of an activity relating to development or proposed development referred to inparagraph (c)(i), or

(ii) where the Agency determines that the application for a licence concerned is in respect of an activity relating to development or proposed development referred to inparagraph (c)(ii)that would be likely to have significant effects on the environment,

F106[(dd) The applicant for a licence shall ensure that an environmental impact assessment report referred to inparagraph (d)—

(i) is prepared by competent experts,

(ii) contains, subject toparagraph (df)—

(I) a description of the proposed activity comprising information on the site (including information on the installation where the activity is to be carried out), design, size and other relevant features of the activity,

(II) a description of the likely significant effects of the proposed activity on the environment,

(III) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,

(IV) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment,

(V) a non-technical summary of the information referred to inclauses (I)to(IV),

(VI) any additional information specified in Annex IV of the EIA Directive that is relevant to the specific characteristics of the particular activity, or type of activity, proposed and to the environmental features likely to be affected,

and

(iii) takes into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments.

(de) The Agency shall, on the request of a person who has made, or intends to make, an application for a licence, where the request is made before the person has submitted an environmental impact assessment report—

(i) consult the bodies prescribed by the Minister in regulations undersection 89, and

(ii) taking into account the information provided by the applicant or intending applicant, in particular on the specific characteristics of the activity, including its location and technical capacity, and its likely impact on the environment, issue an opinion on the scope, and level of detail, of the information to be included by the applicant or intending applicant in the environmental impact assessment report in accordance withsubsection (dd),

(df) Where the Agency issues an opinion underparagraph (de)the applicant shall—

(i) prepare the environmental impact assessment report referred to insubsection (dd)based on that opinion, and

(ii) include in the report the information that may reasonably be required for reaching a reasoned conclusion in accordance withsection 87(9a)on the significant effects of the proposed activity on the environment, taking into account current knowledge and methods of assessment.

(dg) The Agency shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.

(dh) In carrying out an environmental impact assessment in respect of an application for a licence or a revised licence, the Agency shall, where appropriate, co-ordinate the assessment with any assessment under Council Directive 92/43/EEC of 21 May 1992^7or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^8.]

(e) The Agency shall request the production by the applicant of any additional or supplemental information that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.

(f) In relation to an application for a licence to which paragraph (d) refers—

(i) the Agency shall consider the content of theF105[environmental impact assessment report]and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and

(ii) if the Agency determines that theF105[environmental impact assessment report]and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—

(I) identify the manner in which the content of theF105[environmental impact assessment report]and other material is inadequate, and

(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.

(g) In carrying out its consideration of an application for a licence and in carrying out an environmental impact assessmentF99[or, as the case may be, an alternative assessment]the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.]

(3) In considering an application for a licence or a revised licence, or the review of a licence or a revised licence under this Part, the Agency shall have regard to—

(a) any relevant air quality management plan undersection 46 of the Air Pollution Act 1987, or water quality management plan undersection 15 of the Local Government (Water Pollution) Act 1977, or waste management plan,

(b) any relevant noise regulations undersection 106,

(c) any special control area order undersection 39 of the Air Pollution Act 1987, in operation in relation to the area concerned,

(d) the policies and objectives of the Minister or the Government in relation to the prevention, elimination, limitation, abatement or reduction of emissions for the time being extant,

(e)F107[(i) the particulars submitted with the application including theF105environmental impact assessment reportF108[or the environmental report (if any)]and any other material including maps or plans,]

(ii) any submissions or observations made to the Agency in relation to theF105[environmental impact assessment report],F108[or the environmental report]

(iii) any further information or particulars submitted in relation to theF105[environmental impact assessment report]F108[or the environmental report]in compliance with a notice given under regulations underF109[section 89,]

(iv) where appropriate, the comments of other Member States of the European Communities in relation to the effects on the environment of the proposedF109[activity, and]

F110[(v) where appropriate, in the case of an industrial emissions directive activity, in accordance with Article 26 of the Industrial Emissions Directive, any submissions or observations made to the Agency resulting from bilateral consultations with another Member State of the European Union,]

insofar asF111[the report], submissions, comments, observations, information or particulars relate to the effects on the environment of emissions from theF112[activity,]

(f) such other matters related to the prevention, elimination, limitation, abatement or reduction of emissions as it considersF113[necessary,

and]

F114[(g) in a case where the application relates to an industrial emissions directive activity, any emerging techniques in so far as those techniques are relevant to the activity and in particular those emerging techniques identified in the BAT reference documents relevant to the activity concerned.]

(4) (a) In granting a licence or revised licence, the Agency shall, subject tosection 86(3)F115[and in the case of an industrial emissions directive activity, subject tosection 86A(3)(b) or(4)], specify in the licence or the revised licence emission limit values for environmental pollutants likely to be emitted from the activity in significant quantities, having regard to their nature and their potential to transfer from one environmental medium to another.

F116[(aa) Where the Agency decides, in relation to an application for a licence to whichsubsection (2A)(c)refers, to grant a licence or a revised licence the Agency may attach such conditions to the licence or revised licence as it considers necessary to avoid, reduce and, if possible, offset the major adverse effects of the development or proposed development (if any) comprising or for the purposes of the activity to which the application for a licence relates.]

(b) The Minister may make regulations for the purposes of this subsection.

(c) Without prejudice to the generality ofparagraph (b), regulations under this subsection may specify the principal polluting substances to which the Agency is to have regard in fulfilling its duty underparagraph (a).

(5) The Agency shall not grant a licence or revised licence for an activity—

(a) unless it is satisfied that—

(i) any emissions from the activity will not result in the contravention of any relevant air quality standard specified undersection 50 of the Air Pollution Act 1987, and will comply with any relevant emission limit value specified undersection 51 of the Air Pollution Act 1987,

(ii) any emissions from the activity will comply with, or will not result in the contravention of, any relevant quality standard for waters, trade effluents and sewage effluents and standards in relation to treatment of such effluents prescribed undersection 26 of the Local Government (Water Pollution) Act 1977,

(iii) any emissions from the activity or any premises, plant, methods, processes, operating procedures or other factors which affect such emissions will comply with, or will not result in the contravention of, any relevant standard including any standard for an environmental medium prescribed under regulations made underthe European Communities Act 1972, or under any other enactment,

(iv) any noise from the activity will comply with, or will not result in the contravention of, any regulations undersection 106,

(v) any emissions from the activity will not cause significant environmental pollution,

(vi) the best available techniques will be used to prevent or eliminate or, where that is not practicable, generally to reduce an emission from the activity,

(vii) having regard to Part III of the Act of 1996, production of waste in the carrying on of the activity will be prevented or minimised or, where waste is produced, it will be recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,

F117[(viia) without prejudice tosubparagraph (vii), waste generated in the carrying on of an industrial emissions directive activity, in order of priority in accordance with section 21A (inserted by Regulation 7 of the European Communities (Waste Directive) Regulations 2011) of the Act of 1996, will be prepared for re-use, recycled, recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,]

(viii) energy will be used efficiently in the carrying on of the activity,

F118[(viiia) in the case of an industrial emissions directive activity at an installation to which paragraph (11) of Regulation 23 of the European Union (Energy Efficiency) Regulations 2014 (S.I No. 426 of 2014) applies, and which is not the subject of an exemption under paragraph (19) or (20) of Regulation 23 of those Regulations, and where—

(I) the Sustainable Energy Authority of Ireland has notified the applicant or licensee that its assessment of the cost-benefit analysis undertaken in accordance with those Regulations confirms the findings of the cost-benefit analysis, and

(II) the cost-benefit analysis concludes that the benefit of an energy efficient option exceeds its costs and this is confirmed by that Authority,

that the necessary measures will be taken by the applicant or licensee to implement that option,]

(ix) necessary measures will be taken to prevent accidents in the carrying on of the activity and, where an accident occurs, to limit its consequences for the environment and, in so far as it does have such consequences, to remedy those consequences,

(x) necessary measures will be taken upon the permanent cessation of the activity (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to a satisfactory state, and

F119[(xa) in the case of an industrial emissions directive activity, necessary measures referred to insubparagraph (x)including measures of appropriate duration shall be taken in accordance withsection 86B,]

(xi) the applicant or licensee or transferee, as the case may be, is a fit and proper person to hold a licence,

and, where appropriate, the Agency shall attach conditions relating to the matters specified in the foregoing subparagraphs to the licence or revised licence,

and

(b) where an environmental quality standard requires stricter conditions to be attached to the licence or revised licence than would otherwise be determined by reference to best available techniques either—

(i) without attaching to the licence or revised licence conditions of an appropriate kind for the purpose of that standard, or

(ii) where—

(I) the proposed licensee or the licensee proposes, for the purpose of that standard, to take steps that are different from those that would be required by the imposition of conditions undersubparagraph (i), and

(II) the Agency is satisfied that those steps, or those steps with such modifications of them as it considers appropriate, are appropriate for the purpose of that standard,

without attaching conditions to the licence or revised licence requiring those steps, or those steps as so modified, to be taken.

(6) The Agency may, before it does any of the following things, namely—

(a) decides whether to—

(i) grant a licence or a revised licence, or

(ii) effect a transfer of a licence or a revised licence,

or

(b) completes a review of a licence or a revised licence,

require the applicant for the licence, the licensee in the case of a review (whether commenced by the Agency of its own volition or not), or the proposed transferee, as the case may be, to—

(i) furnish to it such particulars in respect of such matters affecting his ability to meet the financial commitments or liabilities that the Agency reasonably considers willbe entered into or incurred by him in carrying on the activity to which the licence or revised licence relates or will relate, as the case may be, in accordance with the terms of the licence or in consequence of ceasing to carry on that activity as it may specify, and

(ii) make, and furnish evidence of having so made, such financial provision as it may specify (which may include the entering into a bond or other form of security) as will, in the opinion of the Agency, be adequate to discharge the said financial commitments or liabilities.

(7) A person who, pursuant to a requirement made of him undersubsection (6), furnishes to the Agency any particulars or evidence which he knows to be false or misleading in a material respect shall be guilty of an offence.

(8) The Minister may make regulations for the purpose ofsubsection (6).

(9) Without prejudice to the generality ofsubsection (8), regulations under that subsection may specify by reference to the type of activity to which the licence or revised licence concerned relates or will relate—

(a) the nature of the financial provision that the Agency may require a person to make undersubsection (6)(ii),

(b) the matters to be had regard to by the Agency in determining the amount of financial provision that it may require a person to make undersubsection (6)(ii).

(10) A person shall not be entitled solely by reason of a licence or revised licence under this Part to make, cause or permit an emission to any environmental medium.]

84. F120[Provisions supplemental to, and consequential on, section 83.

84.—(1) Where a licence or revised licence is required under this Part in respect of an activity, a licence under—

(a) Part III ofthe Air Pollution Act 1987,

(b) section 4 or 16 ofthe Local Government (Water Pollution) Act 1977,F121[…]

(c)section 171 of F122[theFisheries (Consolidation) Act 1959, or]

F123[(d)section 63or81of the Water Services Act 2007,]

shall not be granted in relation to such activity.

(2) Where a licence or revised licence has been granted under this Part in respect of an activity, a licence under—

(a) Part III ofthe Air Pollution Act 1987,

(b) section 4 or 16 ofthe Local Government (Water Pollution) Act 1977,F124[…]

(c)section 171 of F125[theFisheries (Consolidation) Act 1959, or]

F126[(d)section 63or81of the Water Services Act 2007,]

shall cease to have effect in relation to such activity.

(3) It shall be a good defence—

(a) to a prosecution for an offence under any enactment other than this Part, or

(b) to proceedings under—

(i) section 10 or 11 ofthe Local Government (Water Pollution) Act 1977,

(ii)section 20 of the Local Government (Water Pollution) (Amendment) Act 1990,

(iii) section 28, 28A or 28B ofthe Air Pollution Act 1987,

(iv) section 57 or 58 of the Act of 1996, or

(v)section 99H,

to prove that the act complained of is authorised by a licence or revised licence granted under this Part.

(4) For the purpose of this Part, a person shall be regarded as a fit and proper person if—

(a) neither that person nor any other relevant person has been convicted of an offence under this Act, the Act of 1996, the Local Government (Water Pollution) Acts 1977 and 1990 orthe Air Pollution Act 1987prescribed for the purposes of this subsection,

(b) in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him to direct or control the carrying on of the activity to which the licence or revised licence relates or will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence or revised licence and the other requirements of this Act, and

(c) in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers have been, or will be entered into or incurred by him in carrying on the activity to which the licence or revised licence relates or willrelate, as the case may be, in accordance with the terms thereof or in consequence of ceasing to carry on that activity.

(5) The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whomsubsection (4)(a)applies.

(6) The references insubsections (4)and(5)to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application or review concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.]

85. F127[Transboundary environmental impacts.

85.—(1) Where—

(a) an activity in respect of which an application for a licence or the review of a licence or a revised licence has been made to the Agency, or

(b) an activity the subject of a licence or revised licence a review of which under section 90 the Agency proposes to conduct,

is likely to have a significant adverse effect on the environment in another Member State of the European Communities, the Minister shall inform that other state of the application or the review.

(2) Where another Member State of the European Communities requests the State to provide to it information in relation to an activity licensable under this Part which, in the opinion of the first-mentioned state, is likely to have a significant adverse effect on that state's environment, the Minister shall request the Agency to provide that state with information in relation to the activity.

(3) Where it comes to the notice of the Agency that an activity or a proposed activity in another Member State of the European Communities is likely to have a significant adverse effect on the environment in the State, the Agency shall inform the Minister of the matter and, when requested to do so by him, assess the matter and advise the Minister of the effect on the environment in the State of that activity.

(4) The Minister may by regulations—

(a) provide for specified procedures to be followed, additional to those specified by or under any other provision of this Act, with respect to—

(i) the determination of an application for a licence or for the review of a licence or a revised licence, and

(ii) the review by the Agency, of its own volition, of a licence or a revised licence,

where such licence relates to an activity emissions from which are likely to have a significant adverse effect on the environment in another Member State of the European Communities,

(b) provide for specified procedures to be followed by persons in the State in circumstances where it comes to the notice of such persons that emissions from an activity in another Member State of the European Communities, being an activity the operation of which requires a permit under theF128[Industrial Emissions Directive], are likely to have a significant adverse effect on the environment in the State.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may make provision for the following—

(a) in respect of an activity to which subsection (1) or (2) applies—

(i) requiring the Agency to notify the Minister that the activity is being carried on or is proposed to be carried on;

(ii) requiring the Agency to submit information to the Minister regarding the activity;

(iii) requiring the Agency to provide information to the other state concerned, its competent authority for the purposes of theF129Industrial Emissions Directive or other persons in that state;

(iv) requiring the Agency to consult with the competent authority of that state;

(v) requiring the Agency to take into consideration any comments from the state concerned, the competent authority of that state or any person in that state;

(vi) enabling the attachment of conditions to a licence or revised licence in order to reduce or eliminate the possible adverse effects on the environment of another Member State of the European Communities;

(vii) extending the period in which a decision is to be made under this Act or any other step is to be taken;

(viii) requiring the Agency to inform the other state concerned of the decision under this Act and to provide to it information in relation to the decision;

(b) in respect of an activity to whichsubsection (3)applies—

(i) requiring the Agency to request the competent authority, for the purposes of theF130[Industrial Emissions Directive], of the other state concerned (in this paragraph referred to as the "competent authority of the other state concerned") to provide to it information regarding the activity or proposed activity;

(ii) requiring the Agency to consult with the competent authority of the other state concerned;

(iii) requiring the Agency to publish notices in relation to information provided to it pursuant to a request referred to insubparagraph (i);

(iv) requiring the Agency to invite comments in relation to information as aforesaid and to forward such comments to the competent authority of the other state concerned in relation to the activity or proposed activity;

(v) enabling the Agency to make submissions or observations to the competent authority of the other state concerned in relation to the activity or proposed activity.

(6) The Minister may by regulations provide that this section shall apply to a Member State of the EEA as it applies to a Member State of the European Communities.

(7) Insubsection (6)"Member State of the EEA" means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on the 2nd day of May, 1992, as amended for the time being.]

86. F131[Conditions attached to a licence.

86.—(1) Without prejudice to the generality ofsection 83(1), conditions attached to a licence or revised licence granted under this Part—

(a) shall—

(i) in accordance withsection 83(4)and subject tosubsection (3)F132[and in the case of an industrial emissions directive activity, subject tosection 86A(3)(b)or(4)], include emission limit values for environmental pollutants likely to be emittedfrom an activity in significant quantities,

(ii) specify requirements for the purpose of minimising pollution, including minimising the occurrence of pollution over long distances or in the territory of other states, and to ensure a high level of protection for the environment as a whole,

(iii)F133[if necessary, and in all cases where the licence or revised licence relates to an industrial emissions directive activity, specify]requirements concerning protection of the soil and groundwater, and the management of waste generated by an activity,

F134[(iiia) in the case of an industrial emissions directive activity, specify monitoring periods for soil (within the meaning ofsection 86A(11)(inserted by Regulation 12 of the European Union (Industrial Emissions) Regulations 2013)) and groundwater, other than where the Agency bases monitoring on a systematic appraisal of the risk of contamination, which shall be periods of not more than 5 years for groundwater and not more than 10 years for soil,]

(iv) specify appropriate requirements for the purpose of monitoring emissions, including the taking and analysis of samples, the making of measurements in accordance with specified methodologies and frequencies, the evaluation of the results of such monitoring in accordance with specified procedures and the keeping of records and the furnishing of information to the Agency or to any other specified person in relation to such monitoring and evaluation (and such requirements may include a requirement that the licensee confirm whether or not he has complied with the conditions attached to the licence or revised licence and, if he has not complied with any such condition, a requirement that he indicate in what respect he has not complied with the condition),

F135[(iva) specify, in the case of an industrial emissions directive activity, that the results of monitoring of emissions levels (requirements for the purpose of which, where applicable, shall be based on any conclusions on monitoring as described in the BAT conclusions), shall be provided to the Agency regularly and at least once a year, in a form that enables the Agency to verify compliance with the conditions attached to the licence,]

(v) specify the measures to be taken other than in the circumstances that prevail during normal operating circumstances and, in particular, measures to be taken if there is a breakdown of any plant or other equipment or procedures which may affect emissions from the activity, including measures to be taken in relation to start-up, shutdown, leaks, malfunctions or momentary stoppages,

(vi) specify that the Agency is to be informed without delay of any incident or accident significantly affecting theF136[environment,]

(vii) specify the measures to be taken, including as appropriate the duration of such measures, on and following the permanent cessation of an activity (including such a cessation resulting from the abandonment ofF137[the activity), and]

F138[(viii) without prejudice to the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003), the European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) and the European Communities Environmental Objectives (Groundwater) Regulations 2010, specify for the purposes of section 86B, in the case of an industrial emissions directive activity to which that section applies, requirements for the purpose of removal, control, containment or reduction of hazardous substances upon the permanent cessation of the activity,

(ix) without prejudice to the European Communities (Environmental Liability) Regulations 2008 specify, in the case of an industrial emissions directive activity, that where an incident or accident significantly affecting the environment occurs, the licensee shall without delay—

(I) inform the Agency, and

(II) take measures to limit the environmental consequences of the incident or accident and to prevent a further incident or accident, and

(x) specify, in the case of an industrial emissions directive activity, that where a breach of one or more of the conditions attached to the licence occurs, the licensee shall without delay—

(I) inform the Agency, and

(II) take measures to restore compliance with conditions attached to the licence in the shortest possible time.]

(b) may (to the extent that the matter is not provided for by a condition under paragraph (a))—

(i) specify as appropriate the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission,

(ii) specify the periods during which an emission may, or may not, be made,

(iii) specify limits to the effects of an emission,

(iv) specify the concentration of an environmental pollutant in an environmental medium or a deposition or discharge rate which shall not be exceeded,

(v) specify any matters relating to the design, construction or dimensions of pipes, chimneys, flues, stacks or other outlets through which an emission is to be made,

(vi) specify the means (including the provision, operation, maintenance and supervision of plant and other facilities and the use of specified procedures or codes of practice) to be used for controlling an emission,

(vii) specify requirements or limits in relation to the amount or composition of any substance produced by or utilised in the activity in any period,

(viii) require the provision, operation and maintenance of meters, gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effects of emissions,

(ix) specify the type of fuel to be, or not to be, used, as the case may be,

(x) specify measures to be taken after an emission, which is not in accordance with other conditions attached to the licence or revised licence, has taken place,

(xi) specify requirements in relation to the recovery or disposal of waste arising from the activity on land other than land on which the installation is situate and whether in the ownership or occupation of the licensee or not (including requirements with respectto the furnishing of information to the Agency in relation to the land for the time being being used, or land proposed to be used, for the purpose of such recovery or disposal),

(xii) require the making of payments to the Agency in relation to costs incurred in relation to determining whether there has been compliance with the conditions attached to the licence or revised licence or not and in relation to steps taken for the purpose of the monitoring of, or otherwise in relation to, emissions,

(xiii) require the payment to the Agency of a charge or charges prescribed under or calculated in accordance withsection 99,

(xiv) require the payment to the sanitary authority concerned of a charge in relation to a discharge to a sewer as provided for undersection 99E,

(xv) specify such other conditions or requirements, including requirements in relation to environmental management systems, which the Agency considers necessary for the purposes ofF139[the Industrial Emissions Directive],

(xvi) specify the latest date by which a condition attached to the licence or revised licence is to be complied with,

(xvii) provide for derogations of a temporary nature from the requirements ofsubsections (1)(a)(ii)and(3)(c)if a rehabilitation plan, submitted to and approved by the Agency, is implemented in order to ensure that the said requirements will be complied with within 6 months from the date of its first being implemented and the plan will lead to a reduction of emissions,

(xviii) specify, in cases where there are likely to be significant emissions to the environment, appropriate requirements for the purpose of monitoring the ambient environment, including the taking and analysis of samples, the making of measurements in accordance with specified methodologies and frequencies, the evaluation of the results of such monitoring in accordance with specified procedures and the keeping of records and the furnishing of information to the Agency or to any other specified person in relation to such monitoring and evaluation.

(2) In determining the conditions to be attached to a licence or a revised licence in respect of an activity to which paragraph 6.1 or 6.2 of the First Schedule applies, the Agency shall—

(a) for the purposes ofsubsection (1)(a)(i), take account of practical considerations appropriate to that activity,

(b) for the purposes ofsubsection (1)(a)(iv), take account of costs and benefits.

(3) (a) Emission limit values for substances shall, save where the Agency directs otherwise, apply at the point where the emissions leave the installation where the activity is being carried on, any dilution being disregarded in making any determination of them.

(b) Emission limit values may, where appropriate, be supplemented or replaced by equivalent parameters or technical measures.

(c) Without prejudice tosection 83(5)(b), emission limit values, and equivalent parameters and technical measures shall be based on the best available techniques, without specifying the use of any technique or specific technology, but taking into account the technical characteristics of the activity concerned, its geographical location and the local environmental conditions.

(4) Without prejudice tosection 83(5)(b), the Minister may by regulations, after consultation with any other Minister of the Government who, in the opinion of the Minister, is concerned and the Agency—

(a) require either—

(i) the Agency, in the exercise of its powers under this Part, to attach, or

(ii) the Agency, in the exercise of those powers, to consider the attachment of,

the conditions referred to insubparagraph (i)or(ii), as appropriate, ofparagraph (b)to a licence or a revised licenceF140granted by it in respect of a specified class or classes of industrial emissions directive activity,

(b) specify the conditions that are to be the subject of—

(i) the requirement underparagraph (a)(i), and

(ii) the requirement underparagraph (a)(ii),

and, in each case, those conditionsF141[shall comply with Article 17 of the Industrial Emissions Directive],

(c) provide for any matters consequential on, or incidental to, the foregoing,

(d) in addition to conditions that may be, or are required to be, attached to a licence or revised licence by reason of the foregoing or any other provision of this Part, enable the Agency to attach to a licence or revised licence in respect of a specified class or classes of activity such conditions as the Agency considers appropriate in the circumstances.

(5) Nothing insubsection (4)shall be construed as enabling the Minister to exercise any power or control in relation to the performance by the Agency, with respect to a particular licence, of its functions under this Part.

(6) A person who fails to comply with any condition attached to a licence or revised licence shall be guilty of an offence.

(7) The Agency, or the sanitary authority, as the case may be, may recover the amount of any payment due to it arising from a condition attached to a licence or revised licence as a simple contract debt in any court of competent jurisdiction.

(8) Where a permission under section 34 of the Act of 2000 has been granted or an application has been made for such permission in relation to development comprising or for the purposes of an activity, the Agency—

(a) may consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under section 34 of the Act of 2000, and

(b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and sustainable development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of emissions.

(9) Where a planning authority is consulted in accordance withsubsection (8)(a), the Agency may specify a period (which period shall not in any case be less than 3 weeks from the date of the request) within which observations must be made.

(10) The Agency may, at any time after expiration of the period specified by it undersubsection (9)for making observations, make its decision on the application or review.

(11) Notwithstanding the requirements of Part III of the Act of 2000, works consisting of, or incidental to, the carrying out of development referred to inparagraph (a)ofsubsection (8)in respect of which conditions have been attached underparagraph (b)of that subsection to the licence or revised licence concerned shall be exempted development within the meaning, and for the purposes, of the Act of 2000.]

86A. F144[Best available techniques, emission limit values, equivalent parameters and conditions attached to a licence.

86A.—(1) This section applies to a licence or revised licence under this Part in relation to an industrial emissions directive activity.

(2) Without prejudice to the generality ofsection 83(1), the Agency shall not grant a licence or revised licence, unless it is satisfied that the best available techniques will be utilised to prevent or eliminate or, where that is not practicable, to minimise emissions and the impact on the environment as a whole.

(3)(a) Without prejudice to the generality ofsection 86(1), the Agency shall, in accordance with this section, apply BAT conclusions as a reference for attaching one or more conditions to a licence or a revised licence granted under this Part.

(b) The Agency may supplement or replace emissions limit values referred to insection 83(4)(a)or86(1)(a)(i), by attaching one or more conditions to a licence or revised licence which specify equivalent parameters or technical measures, where the Agency is satisfied that to do so would secure an equivalent level of environmental protection.

(c)(i) Where the Agency attaches one or more conditions to a licence or revised licence which specify requirements necessary to give effect to a best available technique not described in any of the relevant BAT conclusions, the Agency shall determine that technique underF145[sections 5(3)(b), 83(5)(a)(v)and86(3)andsubsections (4)and(6)].

(ii) Where any of the relevant BAT conclusions referred to insubparagraph (i)describe a best available technique, but do not contain emission levels associated with the technique, the Agency, undersubparagraph (i), shall determine a best available technique which provides a level of environmental protection equivalent to the best available techniques described in the BAT conclusions and shall attach one or more conditions to a licence or revised licence which specify requirements necessary to give effect to that best available technique.

(iii) Where any of the BAT conclusions do not apply to an industrial emissions directive activity or type of production process carried out within an installation or address all of the potential environmental effects of the industrial emissions directive activity or process, the Agency shall, after prior consultation with the applicant or licensee concerned, determine undersection 5(3)(b)a best available technique for the industrial emissions directive activity or process concerned, and shall attach one or more conditions to a licence or revised licence in relation to the activity or process which specify requirements necessary to give effect to that best available technique.

(4)(a) For the purposes of this section, the Agency shall attach one or more conditions undersection 83(4)(a)or86(1)(a)(i)to a licence or revised licence which specify emission limit values, so that under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) of the Industrial Emissions Directive.

(b) Emission limit values specified by the Agency underparagraph (a)—

(i) subject tosubsection (5)(a), shall not exceed the emission levels associated with best available techniques, or

(ii) subject tosubsection (5)(b), shall differ from those referred to insubparagraph (i)in terms of values, periods of time and reference conditions.

(5)(a) Where emission limit values are specified undersubsection (4)(b)(i)such emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques.

(b) Where emission limit values are specified undersubsection (4)(b)(ii), the Agency shall—

(i) in addition to any condition undersection 86(1)(a)(iva), attach a condition to the licence or revised licence specifying that—

(I) results of monitoring emissions are available for the same periods of time and reference conditions as for the emissions levels associated with the best available techniques, and

(II) a summary of results of monitoring emissions shall be furnished to the Agency at least annually, in a form which enables the Agency to compare emission levels with emission level values associated with best available techniques,

and

(ii) assess, not less than annually, the results of monitoring emissions to establish if emissions, under normal operating conditions, have not exceeded the emission levels associated with best available techniques.

(6)(a) The Agency, where it is satisfied on an examination by it of an application for a licence or the review of a licence or revised licence that attaching one or more conditions to the licence or revised licence undersubsection (4)for the purposes of the achievement of emission levels associated with the best available techniques as described in BAT conclusions, would lead to disproportionately higher costs compared to the environmental benefits due to—

(i) the geographical location or the local environmental conditions of the installation concerned, or

(ii) the technical characteristics of the installation concerned,

may, in granting the licence or revised licence, attach one or more conditions which specify less strict emission limit values than would otherwise be required undersubsection (4).

(b) The Agency shall document in a schedule to the licence or revised licence, the reasons for the attachment of one or more conditions specifying less strict emission limit values under paragraph (a), including the result of the examination by the Agency and the justification for the conditions imposed.

(c) The Agency shall re-examine the attachment of conditions to a licence or revised licence which specify less strict emission limit values underparagraph (a), on any subsequent review of the licence or revised licence concerned.

(7) The Agency, in considering an application for a licence or a revised licence, may attach one or more conditions which specify less strict emission limit values than would otherwise be required undersubsection (4)andsection 86(3)(c)for the testing and use of emerging techniques for a total period, specified in the conditions, not exceeding 9 months provided that the Agency is satisfied that after the period so specified, either the technique will have ceased or the activity will have achieved not less than the emission levels associated with the best available techniques.

(8) The Agency, in considering an application for a licence or a revised licence, may, where appropriate, take into account the effect of a waste water treatment plant when determining the emission limit values to apply in relation to indirect releases of polluting substances into water from an installation, but the Agency shall not grant a licence or revised licence on that basis unless it is satisfied that—

(a) the licence or revised licence, or any conditions attached thereto, shall secure that an equivalent level of protection of the environment as a whole is guaranteed, and

(b) so granting will not lead to higher levels of pollution in the environment.

(9) Information to be provided by the applicant or licensee for the purpose of a review of a licence or a revised licence undersection 90and prescribed in regulations undersection 89or, as the case may be, requested and considered necessary by the Agency undersection 90(7)shall, for the purposes of this section, include in particular—

(a) results of emissions monitoring, and

(b) other data that enables the Agency to make a comparison of the operation of the installation concerned with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques.

(10) Other than wheresubsection (4)or(6)applies, the Agency shall apply conclusions on best available techniques from BAT reference documents adopted by the Commission prior to 6 January 2011 as BAT conclusions pending the adoption of decisions on BAT conclusions under Article 13(5) of the Industrial Emissions Directive.

(11) In this section "soil" means the top layer of the Earth’s crust situated between the bedrock and the surface and the soil is composed of mineral particles, organic matter, water, air and living organisms.]

86B. F146[Baseline report and permanent cessation of activity.

86B.—(1) Where an industrial emissions directive activity involves the use, production or release of relevant hazardous substances, and having regard to the possibility of soil and groundwater contamination at the site of an installation concerned, the Agency shall require an applicant under this Part for a licence or review of a licence or revised licence relating to the activity, including such a review by the Agency of its own volition, to furnish to the Agency a baseline report in accordance with regulations undersection 89.

(2) In relation to an installation, a baseline report shall contain the information necessary to determine the state of contamination of soil and groundwater at the time that the report is drawn up in order that a quantified comparison may be made to the state of the site upon the permanent cessation (including cessation by abandonment) of the industrial emissions directive activity concerned and the applicant in preparing the baseline report shall include any information prescribed in regulations undersection 89.

(3) Notwithstanding the generality ofsubsection (2), a baseline report shall include at least the following information—

(a) the current use and, where available, the past use of the site,

(b) any available information—

(i) on soil or groundwater measurements that reflect the state of the site at the time that the baseline report is drawn up, or

(ii) on new soil and groundwater measurements, having regard to the possibility of soil and groundwater contamination by the hazardous substances proposed to be used, produced or released by the installation concerned.

(4) Any information furnished to the Agency or to any other body under any enactment or rule of law or a law of the European Union, which complies with the requirements ofsubsection (2)or(3), may be furnished to the Agency in or with the baseline report.

(5) For the purposes of determining the information to be contained in a baseline report under this section the Agency shall have regard to, and shall for the purposes ofsubsection (2), make publicly available any guidance documents published by the Commission of the European Union in accordance with Article 22(2) of the Industrial Emissions Directive.

(6) Upon the permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the licensee concerned shall assess the level of contamination of soil and groundwater by the relevant hazardous substances used, produced or released by the installation concerned, and where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to any levels of contamination of soil and groundwater established in the baseline report that licensee shall take the necessary measures, taking into account the technical feasibility of such measures, to address that pollution so as to return the site to the state established in the baseline report.

(7) Without prejudice tosubsection (6)where, upon permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the level of contamination of soil or groundwater at the site of the installation concerned—

(a) poses a significant risk to human health or the environment, and

(b) occurred as a result of any industrial emissions directive activity, to which Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 applied and in respect of which a licence is or was in being under this Part or Part V of the Act of 1996, prior to review of the licence or revised licence under section 90, for the first time after the coming into operation of the European Union (Industrial Emissions) Regulations 2013,

and taking account of the condition of the site of the installation established in information already furnished to the Agency, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which necessary approval or consent has been granted, ceases to pose a significant risk.

(8) On permanent cessation (including cessation by abandonment) of an industrial emissions directive activity in relation to which, under this section, no baseline report is required, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which a necessary licence, approval or consent under any enactment has been granted, ceases to pose any significant risk to human health or the environment due to contamination of soil and groundwater as a result of the licensed activities concerned and taking account of the condition of the site established in information, including information furnished with an application for a licence or revised licence, already furnished to the Agency.

(9) Insubsections (7)and(8)information already furnished to the Agency is information furnished in relation to—

(a) a licence under this Part, in accordance with Regulations undersection 89, or

(b) a licence under Part V of the Act of 1996 in accordance with Regulations under section 45 of that Act.

(10) The Agency shall make relevant information publicly available on the measures taken under subsection (6) or the necessary actions taken undersubsection (7)or(8)upon the permanent cessation of an industrial emissions directive activity.

(11) In this section—

"baseline report" means information on the state of soil and groundwater contamination by relevant hazardous substances;

"soil" has the meaning given bysection 86A(11).]

87. F147[Processing of applications for licences or reviews of licences.

87.—(1) Without prejudice to the requirements of any regulations undersection 85or89—

(a) where an applicationF148[, other than a designated application,]is to be made to the Agency for a licence undersection 83, or the review of a licence or a revised licence undersection 90, the applicant shall notify in writing the planning authority in whose functional area the activity is or will be situate and such other person (if any) as may be prescribed, and shall publish or give such notices as may be prescribed under section 89, and

(b) where the Agency proposes to review a licence or revised licence under section 90 of its own volition, it shall publish or give such notice as may be prescribed undersection 89, and shall notify in writing the licensee and the planning authority in whose functional area the activity is situate and such other person (if any) as may be prescribed, of its intention to review the licence or revised licence.

F149[(1A) Insubsections (1B)toF150[(1I)]—

“application for a licence”means an applicationF148[other than a designated application]made to the Agency—

(a) for a licence or a revised licence under this Part, or

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

“application for permission”means—

(a) an application for permission for development under Part III of the Act of 2000,

(b) an application for approval for development under section 175, 177AE,F151[181(2A),]181A, 182A, 182C or 226 of the Act of 2000, or

(c) an application for substitute consent under section 177E of the Act of 2000;

“grant of permission”means—

(a) a grant of permission for development under Part III of the Act of 2000,

(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Act of 2000, or

(c) a grant of substitute consent under section 177K of the Act of 2000.

(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is requiredF151[or that involves development that is carried out or is proposed to be carried outF152[…]pursuant to an order made, or proposed to be made, under section 181(2)(a) of the Act of 2000 (in this section referred to as a "section 181(2)(a) order"),]the applicant shall furnish to the Agency—

(a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Pleanála, and in that case shall also furnish to the Agency either—

(i) a copy of theF153[environmental impact assessment report]where one is required by or under the Act of 2000 relating to that application for permission, or

(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Act of 2000F151[or was exempted, in accordance with that Act, from being so required,]

or

(b) a copy of a grant of permission comprising or for the purposes of the activity to which the application for the licence relates that was issued by the planning authority concerned or An Bord PleanálaF151[or where a section 181(2)(a) order has been made, a copy of that order,]and in that case shall also furnish to the Agency either—

(i) where the planning authority or An Bord Pleanála, accepted or required the submission of anF153[environmental impact assessment report]in relation to the application for permission, a copy of theF153[environmental impact assessment report], or

(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Act of 2000F151[or was exempted, in accordance with that Act, from being so required].

F154[(1C) Where an application for a licence is made to the Agency in respect of an activity referred to insubsection (1B)but the applicant does not comply with that subsection, the Agency shall refuse to consider that application and shall inform the applicant accordingly.]

(1D) The Agency, on receipt of an application for a licence where anF153[environmental impact assessment report]is required undersubsection (1B)(a)(i)shall—

(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to whichsubsection (1B)(a)(i)applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,

(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request underparagraph (a)before notifying undersection 87(2), indicating its proposed determination in relation to the application for a licence,

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development comprising or for the purposes of the activity to which the application for a licence relates,

F154[(d) ensure that—

(i) a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before notifying undersection 87(2), indicating its proposed determination in relation to the application for a licence, or

(ii) a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for the licence relates or An Bord Pleánala has refused to grant approval under section 181(2L) of the Act of 2000 in respect of the development before notifying undersection 87(2), indicating its proposed determination in relation to the application for a licence.]

(1E) The Agency, on receipt of an application for a licence where anF153[environmental impact assessment report]is required undersubsection (1B)(b)(i)shall—

(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to whichsubsection (1B)(b)(i)applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice—

(i) stating whether the activity to which the application for a licence relates is permitted by the grant of permission referred to insubsection (1B)(b)F151[or by an approval granted under section 181(2L) of the Act of 2000, as the case may be,]and

(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to insubsection (1B)(b)F151[or an approval granted under section 181(2L) of the Act of 2000, as the case may be,]refers and any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,

(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request underparagraph (a)before notifying undersection 87(2)indicating its proposed determination in relation to the application for a licence,

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the activity to which the application for a licence relates.

(1F) Where—

(a) a planning authority concerned or An Bord Pleanála gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a licence undersection 83or a review on the application of the licensee, undersection 90(1)(b), of a licence or a revised licence, and

(b) the application for permission is accompanied by anF153[environmental impact assessment report]or in relation to which anF153[environmental impact assessment report]was sought by the planning authority or An Bord Pleanála,

the Agency shall—

(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an activity requiring a licence or a revised licence under section 83 or a review, on the application of the licensee undersection 90(1)(b)of a licence or a revised licence,

(ii) forward to the planning authority or An Bord Pleanála, as the case may be, such observations as it has on the application for permission, including theF153[environmental impact assessment report], and

(iii) enter into such consultations with the planning authority or An Bord Pleanála in relation to the environmental impacts of the proposed development as the Agency, or planning authority or An Bord Pleanála, as the case may be, considers necessary to enable completion of the assessment.

(1G)(a) The environmental impact assessment required to be carried out by the Agency undersection 83(2A), where an application for a licence is in respect of an activity that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Pleanála under the Act of 2000, may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Pleanála.

(b) Where an application for permission relates to development or proposed development comprising or for the purposes of an activity in respect of which a licence under this Part is required—

(i) in relation to which a grant of permission is required, which development is of a class prescribed by regulations made under section 176 of the Act of 2000 but does not exceed a quantity, area or limit prescribed under those regulations, and

(ii) in respect of which, the planning authority concerned or An Bord Pleanála is obliged under the Act of 2000 to make a determination whether an environmental impact assessment is required,

the Agency shall, when requested by the planning authority concerned or An Bord Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála in its deliberations in relation to the determination referred to in paragraph (ii) and shall accept the determination of the planning authority or An Bord Pleanála so made.

(1H)(a) Where the Agency receives an application for a licence in respect of an activity that involves development or proposed development for which a grant of permission is not required and the Agency, undersection 83(2A)decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit anF153[environmental impact assessment report]and where the applicant fails to submitF155[such report]within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

(b) Where anF153[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (a), the application for a licence shall be deemed to be made on the date of receipt by the Agency of theF153[environmental impact assessment report].

(c) Where anF153[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (a), the Agency shall do the following—

(i) within 2 weeks of the date of receipt ofF155[such report]notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the date of the notice and furnish any observations that the planning authority has in relation to the application for a licence including theF153[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request undersubparagraph (i)by the planning authority before notifying undersection 87(2)indicating its proposed determination in relation to the application for a licence, and

(iii) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]

F156[(1I)(a) This subsection applies—

(i) notwithstandingsubsections (1B)to(1H),

(ii) to an application for a licence made to the Agency before 30 September 2012.

(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency undersection 83(2A)decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if anF153[environmental impact assessment report]was not submitted with the application for a licence, request the applicant to submit anF153[environmental impact assessment report]and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

(c) Where anF153[environmental impact assessment report]is submitted to the Agency with the application for a licence or in accordance with a request underparagraph (b)—

(i) the Agency shall consider the content of theF153[environmental impact assessment report]and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed activity on the environment, and

(ii) if the Agency determines that theF153[environmental impact assessment report]and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—

(I) identify the manner in which the content of theF153[environmental impact assessment report]and other material is inadequate, and

(II) require the applicant for the licence to furnish, within the period specified in the notice, to the Agency additional information required to correct the inadequacy so identified.

(d) Where the applicant concerned fails to comply with a requirement underparagraph (c), the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing of such failure and that the application for a licence cannot be considered by the Agency.

(e) Where anF153[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (b), the application for a licence shall be deemed to be made on the date of receipt by the Agency of theF153[environmental impact assessment report]and this subsection shall continue to apply to the application for a licence notwithstanding that the date of receipt shall be on or after 30 September 2012.

(f) Where anF153[environmental impact assessment report]is submitted to the Agency in accordance with a request underparagraph (b), the Agency shall do the following—

(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including theF153[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request undersubparagraph (i)by the planning authority before making its decision undersection 83(1)orsection 90(2)in relation to the application for a licence, and

(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.

(g) Where anF153[environmental impact assessment report]was submitted with the application for a licence, the Agency shall do the following—

(i) notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including theF153[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision undersection 83(1)orsection 90(2)in relation to the application for a licence, and

(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]

(2) Before making its decision undersection 83on an application for a licenceF148[other than a designated application], or undersection 90on the review of a licence or revised licence (including such a review conducted by it of its own volition)F157[including an application for a licence, within the meaning ofsubsection (1A), to which section 83(2A)applies], the Agency shall notify—

(a) the planning authority in whose functional area the activity is or will be situate,

F158[(aa) where An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a licence to whichsection 83(2A)applies is required, An Bord Pleanála,]

F151[(ab) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,]

(b) the applicant or the licensee, as the case may be,

(c) any person who made a written submission in relation to the application or the review, and

(d) such other persons as may be prescribed,

and that notification shall indicate the manner in which the Agency proposes to determine the application or the review and, where it is proposed to grant a licence or revised licence, specify where a copy of the proposed licence or proposed revised licence may be obtained.

(3) A notification provided for undersubsection (2)shall, without prejudice to the requirements of any regulations undersection 85, be given within the period of 8 weeks beginning on the date of receipt by the Agency of the application for a licence undersection 83or for the review of a licence or revised licence undersection 90or, in the case of a review of a licence by the Agency undersection 90of its own volition—

(a) unlessparagraph (b)applies, on the date of publication of the notice undersubsection (1)(b), in relation to the review,

(b) if the Agency has required undersection 90(7)documents, particulars or other information to be furnished, on the date on which that requirement is complied with or, if that requirement is not complied with within the period specified in the requirement in that behalf, on the date immediately following the expiry of that period.

F159[(3A)(a) Notwithstandingsubsection (3), in relation to an application for a licence within the meaning ofsubsection (1A), to whichsubsectionF160[(1B)or(1I)applies], the Agency may extend the period of 8 weeks referred to in subsection (3) by such period as the Agency, in consultation with the planning authority concerned or An Bord Pleanála, as the case may be, considers necessary for completion of consultations referred to insubsection (1D),(1E),F160[(1F),(1H)or(1I)]with the planning authority or An Bord Pleanála or to enable the Agency to comply withsubsection (1D)(d).

(b) The Agency shall give notice in writing of the extension of the period underparagraph (a)to a person referred to inparagraph (a),(aa),(b),(c)or(d)ofsubsection (2).]

F161[(3B)(a) Notwithstandingsubsection (3), in relation to an application for a licence within the meaning ofsubsection (1A), to whichsubsection (1I)applies, the Agency may extend the period of 8 weeks referred to insubsection (3)by such period as the Agency considers necessary to enable the Agency to comply withsubsection (1I).

(b) The Agency shall give notice in writing of the extension of the period underparagraph (a)to a person referred to inparagraph (a),(aa),(b),(c)or(d)ofsubsection (2).]

(4) The Agency shall, in relation to an application for a licenceF148[other than a designated application], or the review of a licence or revised licence—

(a) in case no objection is taken against the proposed determination as indicated undersubsection (2), or

(b) in case an objection or objections is or are taken against the proposed determination as indicated undersubsection (2)and the objection or objections is or are withdrawn,

make its decision in accordance with the proposed determination as indicated undersubsection (2)and, where it is proposed to grant a licence or revised licence, grant the licence or revised licence as soon as may be after the expiration of the appropriate period.

(5) Any person may, subject to compliance with the requirements of any regulations undersections 89and99Aat any time before the expiration of the appropriate period, object to the proposed determination as indicated undersubsection (2), and shall include with the objection the grounds for the objection.

(6) (a) A person making an objection undersubsection (5)may request an oral hearing of the objection.

(b) (i) A request for an oral hearing of an objection shall be made in writing to the Agency and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations undersection 99A.

(ii) A request for an oral hearing of an objection which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Agency.

(c) A request for an oral hearing of an objection shall be made before the expiration of the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.

(7) An objection, or a request for an oral hearing undersubsection (6), shall be made—

(a) by sending the objection or request by prepaid post to the headquarters of the Agency, or

(b) by leaving the objection or request with an employee of the Agency, at the headquarters of the Agency, during office hours, or

(c) by such other means as may be prescribed.

(8) (a) Where a request for an oral hearing of an objection is made in accordance withsubsection (7), or otherwise where an objection has been made, the Agency shall have an absolute discretion to hold an oral hearing in relation to the objection and the related matters and, if it decides to hold such a hearing, it shall give notice in writing of that decision to—

(i) the applicant, or in the case of a review, the licensee,

(ii) the local authority in whose functional area the activity the subject matter of a licence application or review will be or is situate,

F162[(iia) where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a licence to whichsection 83(2A)applies is required, the planning authority orF154[An Bord Pleanála,]]

F151[(iib) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,]

(iii) any person who requested an oral hearing, and

(iv) such other person as may be prescribed.

(b) Where the Agency decides not to hold an oral hearing under this subsection, it shall give notice in writing of its decision and of the reasons for the decision to the person who requested the oral hearing.

(9) It shall be a duty of the Agency to ensure that a decision by it to hold an oral hearing, and a decision by it on the application for a licence or on the review referred to insubsection (2)of a licence or revised licence whether or not an oral hearing has been held, shall be given as expeditiously as may be and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the consideration of objections.

F163[(9a) Before making a decision referred to insection 83(1)or90(2)in relation to an application for a licence in respect of which an environmental impact assessment is required undersection 83(2A), the Agency shall—

(a) duly take into account—

(i) the environmental impact assessment report submitted undersection 83(2A)(d),

(ii) any additional information furnished undersection 83(2A)(e)and(f)(ii)(II),

(iii) any submissions made in relation to the likely significant effects on the environment of the activity to which the application relates, and

(iv) in the case of an application to whichsection 85applies the results of consultations with the other Member States concerned,

(b) consider any other evidence that it has obtained under this Part in relation to the likely significant effects on the environment of the activity to which the application relates, and

(c) taking into account the results of the examination referred to inparagraphs (a)and(b), reach a reasoned conclusion on the significant effects on the environment of the activity to which the application relates.

(9b) The Agency shall be satisfied that the reasoned conclusion referred to in subsection (9a) is still up to date when it makes a decision referred to insection 83(1)or90(2)in relation to an application for a licence in respect of which an environmental impact assessment is required undersection 83(2A)and shall incorporate into the decision—

(a) the reasoned conclusion, and

(b) any environmental conditions attached to the decision, a description of any features of the project or measures envisaged to avoid, prevent or reduce and, where possible, offset significant adverse effects on the environment and any appropriate monitoring measures.

(9c) The Agency shall make any feature of the project or measure envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure incorporated into a decision under subsection (9b) a condition of any licence granted on foot of the decision.]

F164[(9A) When—

(a) in relation to an application for a licenceF148[, other than a designated application,]under this Part a decision to grant or refuse the licence has been taken, or

(b) a decision is made on the review of a licence or a revised licence undersection 90(1)(b)on the application of a licensee,

the Agency, in accordance with regulations undersection 89, shall inform the persons referred to in or prescribed undersubsection (2), including the public, of its decision and shall make available the following information:

(i) the content of the decision and any conditions attached thereto;

(ii) an evaluation, subject tosection 83(2A), of the direct and indirect effects of the activity or proposed activity on the factors referred to inF165[subparagraphs (I)to(IV)ofparagraph (ii)]of the definition of environmental impact assessment insection 83(2A)(a)and the interaction between those factors;

(iii) having examined any submission or observation made to the Agency—

F166[(I) the main reasons and considerations on which the decision (including, in the case of an application in respect of which an environmental impact assessment is required undersection 83(2A), a decision to refuse an application) is based, and]

(II) the main reasons and considerations for the attachment of any conditions,

including reasons and considerations arising from or related to submissions or observations made by a member of the publicF167[and, in the case of an application in respect of which an environmental impact assessment is required undersection 83(2A), a summary of the results of the consultations and the information gathered pursuant tosection 83(2A)andsection 85together with a description of how these results have been incorporated into the decision or otherwise;]

(iv) a description, where necessary, of the main measures to be taken to avoid, reduce and, if possible, offset the major adverse effects of the activity or proposed activity;

(v) any reports referred to insection 83(2A)(g);

(vi) information on the procedures available to the persons referred to in or prescribed undersubsection (2), including the public, to review the substantive and procedural legality of the decision.]

F168[(10) (a) Subject toparagraph (b), a person shall not, by application for judicial review or in any other legal proceedings whatsoever, question the validity of a decision of the Agency to grant or refuse a licence or revised licence (including a decision of it to grant or not to grant such a licence on foot of a review conducted by it of its own volition) unless the proceedings are instituted within the period of 8 weeks beginning on the date on which the licence or revised licence is granted or the date on which the decision to refuse or not to grant the licence or revised licence is made.

(b) Where, on application to the High Court, the Court considers that in the particular circumstances there is good and sufficient reason for doing so, the Court may extend the period referred to inparagraph (a).]

F169[(c) The High Court shall not grant leave for judicial review under this section unless it is satisfied that:

(i) the applicant has a sufficient interest in the matter which is the subject of the application, or

(ii) the applicant—

(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(d) A sufficient interest for the purposes ofsubparagraph (i)ofparagraph (c)is not limited to an interest in land or other financial interest.

(e) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice.

(f) Inparagraph (c)“State authority, a public authority or governmental body or agency”means—

(i) a Minister of the Government;

(ii) the Commissioners of Public Works in Ireland;

(iii) a harbour authority within the meaning of theHarbours Act 1946;

(iv) a local authority within the meaning of theLocal Government Act 2001;

(v) the Health Service Executive;

(vi) a person established—

(I) by or under any enactment (other than the Companies Acts),

(II) by any scheme administered by the Government, or

(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(vii) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.]

(11) The provisions of this section shall not, to such extent as may be prescribed, apply to an application for a licence, or to the review (including a review by the Agency of its own volition) of a licence or revised licence, to discharge to a sewer.

(12) In this section, "the appropriate period" means the period of 28 days beginning on the day on which notification is sent undersubsection (2)in respect of the matter concerned.

(13) When calculating the appropriate period or any other time limit under this Act or in any regulations made under this Act, the period between the 24th day of December and the 1st day of January, both days inclusive, shall be disregarded.]

87A. F179[Agency may not grant licence in respect of designated development unless Minister has approved designated development

87A.—The Agency shall not grant a licence undersection 83in respect of designated development unless the Minister has approved the designated development, whether or not subject to conditions, in accordance with section 7 of the Act of 2022.]

88. F180[Oral hearing and written report.

88.—(1) (a) An oral hearing provided for insection 87shall be conducted by a person or persons appointed for that purpose by the Agency.

(b) Subject to any regulations undersubsection (5), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person or persons appointed under this subsection but it shall be the duty of that person or those persons, as the case may be, to ensure that the hearing is conducted without undue formality.

(2) The person or persons appointed undersubsection (1)may take evidence on oath or affirmation atthe oral hearing and for that purpose may administer oaths or affirmations, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(3) The person or persons appointed undersubsection (1)shall make a written report on the objection or the objections made under section 87(5)and the hearing to the Agency and shall include in the report a recommendation relating to the grant or refusal of a licence or a revised licence and, where appropriate, the conditions to be attached to the licence or revised licence.

(4) The Agency shall consider a report made undersubsection (3)before making a decision on the application for a licence, or on the review of a licence or revised licence.

(5) The Minister may make regulations in relation to the conduct of an oral hearing and the procedures at such a hearing.]

88A. F181[Agency to take alternative assessment into account

88A.—(1) Before making a decision undersection 83(1)in relation to a designated application the Agency shall take into account the alternative assessment in such manner as the Minister may prescribe for the purpose of ensuring that the objectives of the EIA Directive are met.

(2) The Agency may make any feature of the project or measure envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure incorporated into the decision a condition of any licence granted on foot of the decision.