Environmental Protection Agency Act , 1992

(3) The Agency shall incorporate into a decision in relation to a designated application such documents relating to the alternative assessment as the Minister may prescribe for the purposes of ensuring that the objectives of the EIA Directive are met, including a description of any features of the project or measures envisaged to avoid, prevent or reduce and, where possible, offset the significant adverse effects on the environment and any appropriate monitoring measures that relate to conditions to be attached to the licence to be granted on foot of the decision.]

88B. F182[Notice of decision in relation to designated application

88B.—When a decision is taken undersection 83(1), in relation to a designated application, to grant or refuse a licence, the Agency shall inform the public, and such persons as may be prescribed in accordance with regulations undersection 89, of its decision and shall make available to the public the following information:

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

(b) the main reasons and considerations on which the decision is based;

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

(d) information on the procedures to review the substantive and procedural legality of the decision;

(e) such other information as the Minister may prescribe.]

89. F183[Regulations regarding licences.

89.—(1) The Minister may make regulations in relation to—

(a) applications for the grant of licences, or for the review of licences or revised licences,

(b) the review of licences or revised licences by the Agency of its own volition, and

(c) the granting of licences or revised licences.

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

(a) the form and content of application and of licence,

(b) the time within which an application for a licence shall be made relative to publication of a notice undersection 87(1)and relative to an application for a permission under Part III of the Act of 2000,

(c) the publication by applicants, licensees or the Agency of such notices as may be specified,

(d) specifying the submissions, plans, documents and other information and particulars, includingF184[environmental impact assessment reports], to be forwarded to the Agency or other specified person by applicants, licensees, objectors, or other persons within such periods as may be specified,

F185[(dd) specifying information to be contained in a baseline report for the purposes ofsection 86B,]

(e) requiring applicants, licensees, objectors or other persons to furnish to the Agency or any other specified person, within such period as may be specified, suchadditional information or particulars relating to applications, including environmenttal impact statements, or reviews as the Agency may request,

F186[(ea) requiring applicants, licensees or other persons to furnish to the Agency or any other specified person, within such period as may be specified, any additional or supplemental information to enable the Agency to carry out an environmental impact assessment,

(eb) requiring applicants, licensees or other persons to furnish information to the Agency, within such period as may be specified, in response to a request for additional or supplemental information under and for the purposes ofsection 83(2A)(e).]

(f) without prejudice to the requirements of any regulations under section 85, extending the period within which a notification to whichsection 87(3)refers shall be published—

(i) to 8 weeks beginning on the date on which a request for additional information, particulars or evidence underparagraph (e)or(g)is complied with,

(ii) to any period with the consent of the applicant or licensee,

(iii) to 8 weeks beginning on the day on which any exemption under section 172(3)(a) of the Act of 2000 in relation to development to which the application relates has been granted by An Bord Pleanála,

(g) requiring the production, within such period as may be specified, of such evidence as the Agency may request for the purposes of verifying any information and particulars given by an applicant, licensee, objector or other person,

(h) procedures to be followed by the Agency in the processing of applications or reviews, including procedures for consultation in relation to anF184[environmental impact assessment report]whether or not an oral hearing is held, and the times within which such procedures shall be carried out,

(i) the publishing of decisions on applications or reviews and the reasons therefor and of any specified documents or other information in relation thereto, or

(j) requiring an applicant or licensee to defray or contribute towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to an application or review.

F187[(2A) Without prejudice to the generality ofsubsection (1), regulations under this section shall make provision for an assessment (in this Part referred to as an "alternative assessment") to be carried out by the Agency in relation to a designated application, in such form and manner as may be prescribed, for the purposes of ensuring that the objectives of the EIA Directive are met.

(2B) The Minister may prescribe such requirements and such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of an alternative assessment.

(2C) Regulations for the purposes ofsubsection (2A)may in particular provide for all or any of the following:

(a) the time periods within which the Agency is to carry out an alternative assessment;

(b) the information, including supplementary or additional information where required, relating to the alternative assessment to be provided to the Agency by a person making a designated application;

(c) the manner in which (which may include by electronic means) and the time periods within which, the information referred to inparagraph (b)is to be provided to the Agency;

(d) requirements and procedures for consultation and public participation in relation to the alternative assessment and the provision of information obtained under the alternative assessment to the public;

(e) the giving of notice, and publication of such notices as may be specified, in respect of the carrying out of the alternative assessment;

(f) requirements and procedures for co-ordination of assessments in accordance withsubsection (2D);

(g) a requirement that, as part of the alternative assessment, the Agency assess the impacts (if any) of the designated development on the species listed in Annex IV of the Council Directive 92/43/EEC of 21 May 1992^4on the conservation of natural habitats and of wild fauna and flora, amended by Council Directive 97/62/EC of 27 October 1997^5, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003^6, Council Directive 2006/105/EC of 20 November 2006^7and Council Directive 2013/17/EU of 13 May 2013^8and their breeding sites and resting places and consider whether there is a need for a derogation for the purpose of Article 16 of that Directive in respect of the designated development.

(2D) An alternative assessment shall be co-ordinated with any appropriate assessment of the designated development that is carried out under Part 5 of theEuropean Communities (Birds and Natural Habitats) Regulations 2011(S.I. No. 477 of 2011).]

(3) (a) A person who in relation to an application for a licence, or to a review of a licence or revised licence, under this Part, makes a statement in writing which to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

(b) Where a person is convicted of an offence under this subsection, any licence or revised licence granted to that person, or to some other person on whose behalf theconvicted person was authorised to act, consequent on the application or review in relation to which the information was furnished, shall stand revoked from the date of the conviction.

(4) Regulations under this section may contain—

(a) such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations,

(b) such provisions as appear to the Minister to be necessary for the purposes or in consequence of the requirements of Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment^1.

(5) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.]

90. F189[Review of licences.

90.—(1) The Agency—

(a) shall, subject tosubsections (4)and(5)andsection 99I(7), either periodically or after such period as may be prescribed (but not before the expiry of 3 years from the date on which the licence or revised licence was granted), review a licence or revisedF190[licence,]

F191[(aa) in addition to its functions underparagraph (a), in the case of an industrial emissions directive activity, and subject tosubsections (4)and(5)andsection 99I(7), shall review a licence or revised licence relating to the main activity of an installation, within 4 years of the publication of a decision on BAT conclusions by the Commission of the European Union in accordance with Article 13(5) of the Industrial Emissions Directive as respects that main activity and in doing so the Agency shall—

(i) re-examine, and if necessary review the licence for the installation concerned for the purpose of assessing its compliance with the Industrial Emissions Directive and where applicable,section 86A(4)or(6), and

(ii) in conducting such examination or review, take account of the new or updated BAT conclusions applicable to the installation and adopted by the Commission of the European Union in accordance with Article 13(5) of the Industrial Emissions Directive since the licence concerned was granted or, as the case may be, last reviewed under this Part.]

(b) may review a licence or revised licence at any time with the consent or on the application of the licensee.

(2) As soon as may be after it has completed a review under this section, the Agency may—

(a) in the case of a licence or revised licence—

(i) refuse to grant a revised licence, or

(ii) amend the licence by altering any or all of the conditions thereto (and a licence that is so amended is referred to in this Act as a "revised licence"), or

(b) in the case of—

(i) a licence, grant to the licensee a licence (in this Act also referred to as a "revised licence") the conditions of which are, in such respects as theAgency thinks appropriate, different from those of the first-mentioned licence and the revised licence shall have effect in lieu of the first-mentioned licence,

(ii) a revised licence, exercise, in relation to it, a like power to that which it may exercise undersubparagraph (i)in relation to a licence and a licence granted under this subparagraph is in this Act also referred to as a "revised licence" and such a licence shall have effect in lieu of the first-mentioned revised licence.

(3) The reference where it first occurs insubparagraph (ii)ofsubsection (2)(b)to a revised licence includes—

(a) a reference to a licence or revised licence in relation to which the powers undersubsection (2)(a)(iihave been exercised, and

(b) a reference to a revised licence previously granted or, as the case may be, last previously granted undersubparagraph (ii)ofsubsection (2)(b).

(4) Notwithstanding anything insubsection (1), a licence or revised licence—

(a) shall be reviewed by the Agency if the Agency considers—

(i) that emissions from the activity to which the licence or revised licence relates are, or are likely to be, of such significance that the existing emission limit values, or equivalent parameters or technical measures specified in the licence or revised licence need to be reviewed or new such values, parameters or measures, as the case may be, need to be specified in the licence or revised licence,

(ii) that substantial changes in best available techniques make it possible to reduce emissions significantly from the said activity without imposing excessive costs,

F192[(iia) in the case of an industrial emissions directive activity to which no BAT conclusions apply, that developments in best available techniques make it possible to significantly reduce emissions from the activity,

(iib) in the case of an industrial emissions directive activity, that a new or revised environmental quality standard requires new or revised conditions to be attached to the licence or revised licence under section 83(5)(b),]

(iii) that the operational safety of the said activity requires techniques, other than those currently being used in respect of it, to be used, or

(iv) that such a review is required by virtue of any act adopted by an institution of the European Communities or any agreement entered into by the State, or any enactment passed or madeafter the licence or revised licence was granted or last reviewed under this section,

(b) may be reviewed by the Agency if—

(i) there is a proposal to make a substantial change to the nature or extent of an emission,

(ii) there has been a substantial change, which could not have reasonably been foreseen when the licence or revised licence was granted, in the condition of the environment or an environmental medium in the area in which the activity to which the licence or revised licence relates is situate,

(iii) evidence, which was not available when the licence or revised licence was granted, has become available, or a new standard is prescribed relating to the contents or nature of the emission concerned or the effects of the emission on the environment.

(5) If—

(a) a special control area order undersection 39 of the Air Pollution Act 1987, affecting any emission from the activity to which the licence relates comes into operation in relation to the area in which the activity is situate,

(b) an air quality standard is specified in regulations made undersection 50 of the Air Pollution Act 1987, in relation to any emission from the activity to which the licence relates,

(c) a relevant emission limit value is specified in regulations undersection 51 of the Air Pollution Act 1987, in relation to any emission from the activity to which the licence relates,

(d) regulations undersection 26 of the Local Government (Water Pollution) Act 1977, relate to an effluent the discharge of which is authorised by such a licence or to the waters to which such effluent is discharged,

(e) a relevant standard is prescribed under regulations made underthe European Communities Act 1972, or any other enactment, or

(f) relevant regulations under section 106 are made in relation to any noise emissionsfrom the activity to which the licence relates,

the Agency shall, where necessary and notwithstanding anything insubsection (1), as soon as may be after the regulations are made or the order comes into operation, as the case may be, review the licence or revised licence.

(6) In the review of a licence or revised licence under this section, the Agency shall have regard to—

(a) any change in environmental quality in the area in which the activity to which the licence or revised licence relates isF193[situate,]

F194[(aa) in the case of an industrial emissions directive activity, any emerging techniques in so far as such techniques are applicable to such activity and in particular those emerging techniques identified in the BAT reference documents relevant to the activity concerned, and]

(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution,

since the licence or revised licence was granted or last reviewed.

(7) For the purposes of a review under this section, the Agency may, by notice served on the licensee, require the licensee to furnish to it, within such period as it specifies in the requirement, such documents, particulars or other information as it so specifies.]

F195[(8) For the purposes of a review of a licence or revised licence relating to an industrial emissions directive activity under this section, documents, particulars or other information requested and considered necessary by the Agency undersubsection (7)provided by the licensee shall include, in particular—

(i) results of emissions monitoring, and

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

(9) For the purposes of a review under this section of an industrial emissions directive activity, the Agency shall use any information resulting from monitoring under this Part or inspections carried out underPart IVB.]

91. F196[Register of licences.

91.—(1) The Agency shall maintain a register (in this Act referred to as the "register of licences") for the purposes of this Part and shall make therein all such entries and additions as may, from time to time, be prescribed.

(2) The register of licences shall be kept at the headquarters of the Agency and shall be made available for inspection by any person free of charge during office hours.

(3) When a request is made to the Agency for a copy of an entry in the register of licences, the copy shall be issued to the person requesting it on the payment by him to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making the copy.

(4) Every document purporting to be a copy of an entry in the register of licences and purporting to be certified by an officer of the Agency to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, unless the contrary is shown, be deemed to be a true copy of the entry and be evidence of the terms of the entry.

(5) Evidence of an entry in the register of licences may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register of licences itself.

(6) Every entry in the register of licences relating to an activity in the functional area of a planning authority shall be notified to that planning authority by the Agency as soon as may be and the planning authority shall maintain a copy of these notifications in a register which shall be made available for inspection by any person free of charge during office hours.]

92. F197[Limit on duration of licence.

92.—(1) Where, in the opinion of the Agency, the carrying on of the activity to which a licence or revised licence relates has not been substantially commenced within the period of 3 years beginning on the date on which the licence was granted or, as may be appropriate, the period referred to inparagraph (a)or(b)ofsubsection (2), and the Agency notifies the licensee of that opinion, then that licence shall cease to have effect on the giving of that notice.

(2) The Agency may, having regard to the nature of the activity to which a licence or revised licence to be granted or granted by it will relate or relates, as the case may be, and any arrangements necessary to be made or made in connection with the carrying on of the activity and any other relevant consideration—

(a) specify for the purposes ofsubsection (1)a period of more than 3 years beginning on the date on which the licence or revised licence is to be granted,

(b) in the case of a licence or revised licence granted by it, on an application which complies with such requirements (if any) as may be prescribed being made by the licensee in that behalf, extend for the purposes ofsubsection (1)the period referred to in that subsection or specified by it underparagraph (a), as may be appropriate.

(3) Where the activity to which a licence or revised licence relates ceases to be carried on then, unless the activity is resumed within the period of 3 years beginning on the date of that cessation, the licence shall cease to have effect on the expiry of the said period.

(4) The cesser of a licence's or a revised licence's effect under this section shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the licensee as are specified in or arise under the licence.]

93. F198[Benefit of licences.

93.—Where a licence or revised licence is granted under this Part, the grant of the licence or revised licence shall, except as may be otherwise provided by the licence or revised licence and subject to section 94 and the other provisions of this Part, enure for the benefit of the activity and of all persons for the time being interested therein.]

94. F199[Transfer of licences.

94.—(1) A licence or revised licence under this Part may be transferred from the licensee to another person in accordance with this section.

(2) Where the licensee desires that his licence or revised licence be transferred to another person (hereafter in this section referred to as "the proposed transferee"), the licensee and the proposed transferee shall jointly make an application to the Agency requesting that such a transfer be effected by the Agency.

(3) An application undersubsection (2)shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 99A and by the licence or revised licence concerned.

(4) The Agency may require the provision of such further information by the licensee or the proposed transferee as it considers appropriate for the purposes of dealing with an application made by them under this section.

(5) If, on consideration of an application undersubsection (2), and any relevant information provided in respect thereof, the Agency is satisfied—

(a) that the proposed transferee would, if he were an applicant for the licence, be regarded by it as a fit and proper person to be granted undersection 83a like licence to the licence or revised licence concerned,

(b) that the proposed transferee has complied with any requirements undersection 83(6), and

(c) regarding such other matters as may be prescribed,

it shall effect a transfer of the licence or revised licence to the proposed transferee in such manner as may be prescribed.

(6) A person to whom a licence or revised licence is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the licence or revised licence, regardless of how and in respect of what period, including a period prior to the transfer of the licence or revised licence, they may arise.]

95. F200[Surrender of licences.

95.—(1) A licence or a revised licence granted under this Part may be surrendered by the licensee, but only if the Agency accepts the surrender.

(2) A licensee who desires to surrender his licence or revised licence shall make an application for thatpurpose to the Agency, in such form, giving such information and accompanied by such evidence as may be prescribed and accompanied by such fee as may be prescribed undersection 99A.

(3) Upon receiving an application for the surrender of a licence or revised licence, the Agency—

(a) shall inspect the installation at which the activity to which the licence or revised licence relates is carried on ("the relevant installation"), and

(b) may require the applicant to furnish to it such further information or evidence as it may specify.

(4) For the purpose ofsubsection (3), the Agency may, by notice in writing served on the person, require a person who has made an application to it undersubsection (2)to carry out, or arrange to have carried out, in such manner as may be specified in the notice, such monitoring, sampling and investigations, in addition to those which may be required under a condition attached to the licence or revised licence concerned, as the Agency considers necessary, and so specifies, and any requirement so made shall be regarded as a condition attaching to that licence or revised licence.

(5) Where the Agency proposes to accept the surrender of a licence or a revised licence, it shall consult with such persons and in accordance with such procedures as may be prescribed.

(6) Having regard to such information or evidence as is furnished to it underparagraph (b)ofsubsection (3)and to the results of an inspection underparagraph (a)of that subsection and of any monitoring, sampling and investigation required to be carried out undersubsection (4), the Agency shall assess the condition of the relevant installation, so far as that condition is the result of the use of the installation for an activity, (whether the activity, the subject of the licence concerned or, if the installation, in contravention of the licence, was used for the carrying on of any other activity within the meaning of this Act, that activity) and the likely effect on the environment or any environmental medium of any emissions from the relevant installation that may occur.

(7) If the Agency is satisfied that the condition of the relevant installation is not causing or likely to cause environmental pollution and the site of the activity is in a satisfactory state, it shall accept the surrender of the licence or revised licence, but otherwise shall refuse to accept the surrender of the licence or revised licence.

(8) A decision of the Agency undersubsection (7)shall be conveyed to—

(a) the applicant concerned,

(b) the local authority in whose functional area the activity, the subject matter of the licence or revised licence, has been carried on, and

(c) any person concerned that it has consulted undersubsection (5),

by notice in writing, as soon as may be after the decision is made and where the decision is a decision to accept the surrender of a licence or revised licence, that licence or revised licence shall cease to have effect upon the service of the said notice.

(9) The making of an application for the surrender of a licence or revised licence under this section, or the cesser of the activity to which a licence relates, shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the licensee as are specified in or arise under the licence or revised licence.]

96. F201[Amendments of licence of clerical or technical nature.

96.—(1) The Agency may amend a licence or revised licence for the purposes of—

(a) correcting any clerical error therein,

(b) facilitating the doing of any thing pursuant to a condition attached to the licence where the doing of that thing may reasonably by regarded as having been contemplated by the terms of the condition or the terms of the licence taken as a whole but which was not expressly provided for in the condition, or

(c) otherwise facilitating the operation of the licence and the making of the amendment does not result in the relevant requirements ofsection 83(5)ceasing to be satisfied.

(2) None of the requirements ofsection 90or of any other provision of this Part shall apply to the exercise of the power undersubsection (1)but the Agency shall, where appropriate, consult with the licensee before exercising the power.

(3) The Agency shall, as soon as may be after the exercise of the power undersubsection (1), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency under section 87(5) in relation to any exercise of the powers undersection 83or90as respects the licence or revised licence concerned.]

96A. F202[Mass balances of specified substances.

96A.—F203[…]]

97. F204[Revocation or suspension of licence in certain circumstances.

97.—(1) The Agency may revoke, or suspend the operation of, a licence or revised licence if it appears to the Agency that—

(a) the licence no longer satisfies the requirements specified insection 84(4)for his being regarded as a fit and proper person, and

(b) the circumstances occasioning his no longer satisfying those requirements are, in the opinion of the Agency, of such seriousness as to warrant the revocation of the licence or the suspension of its operation.

(2) References in this Act to the cessation of the activity to which a licence or revised licence relates shall be construed as including references to such a cessation in consequence of the revocation of the licence.

(3) None of the requirements ofsection 90or of any other provision of this Part shall apply to the exercise of the power undersubsection (1)but where the Agency proposes to exercise the power it shall afford the licensee and any other person whom it considers ought to be afforded such an opportunity an opportunity to make representations to it in relation to the matter.

(4) The cesser of a licence's or a revised licence's effect under this section shall in no way affect or diminish such conditions, requirements or obligations (being conditions, requirements or obligations that apply to, or fall on, the licensee by virtue of the licence) as may be specified by the Agency in exercising the powers under this section.

(5) The licensee or the former licensee may appeal to the High Court against a revocation or suspension of a licence or revised licence under this section and, on the hearing of the appeal, the High Court may confirm or annul the revocation or suspension or, in the case of a suspension, vary the period for which the suspension shall operate.

(6) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him to be necessary to give full effect to any of the provisions of this section.]

97A. F205[Notice of incident or accident significantly affecting the environment.

97A.—(1) Without prejudice to the European Communities (Environmental Liability) Regulations 2008, where, in relation to an industrial emissions directive activity, the Agency has been informed by the licensee undersection 86(1)(a)(ix)or considers that an incident or accident significantly affecting the environment has occurred, the Agency shall give a notice to the licensee concerned.

(2) A notice undersubsection (1)shall specify measures, that are complementary to those measures referred to insection 86(1)(a)(ix)(II), that the Agency considers are required to be carried out by or on behalf of the licensee to—

(a) limit the environmental consequences of the incident or accident, and

(b) prevent a further possible incident or accident.]

97B. F206[Notice of non-compliance with licence or revised licence relating to industrial emissions directive activity.

97B.—(1) In relation to an industrial emissions directive activity, where the Agency has been informed by the licensee undersection 86(1)(a)(x)that, or the Agency considers that, a failure to comply with any condition attached to a licence or revised licence has occurred that poses an immediate threat to human health or threatens to cause an immediate adverse effect on the environment, the Agency shall give a notice to the licensee concerned.

(2) A notice undersubsection (1)shall inform the licensee of the failure to comply with a specified condition of the licence, and of the nature of the failure and shall direct the licensee—

(a) to suspend the operation of the installation or relevant part thereof from a date specified in the notice,

(b) to without delay take the necessary measures to ensure that compliance is restored in the shortest possible time, and

(c) to carry out any measures, in addition to those undertaken underparagraph (b), that the Agency has determined are necessary to restore compliance.

(3) The licensee shall furnish confirmation in writing to the Agency that compliance with the licence has been restored, and the Agency shall give notice in writing to the licensee concerned where it is satisfied to accept that confirmation.

(4) From the date that the Agency gives notice undersubsection (1)until the date that the Agency gives a notice undersubsection (3), the licence concerned shall be deemed to be suspended andsection 97shall apply as appropriate in relation to that suspension.]

98. F207[Alterations of activity.

98.—(1) The person in charge of—

(a)F208[an integrated pollution control activity]in respect of which a licence or revised licence is in force or required under this Part, or

(b) an established activity which for the time being is not required to be licensed under this Act,

shall give notice in writing to the Agency of any proposal to effect any alteration to, or reconstruction in respect of, the activity if such alteration or reconstruction would, or is likely to, change or increase emissions from the activity or cause new emissions therefrom.

(2) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration or reconstruction referred to insubsection (1)which would not, in the opinion of the Agency, substantially change or increase emissions from the activity or cause significant new emissions therefrom, the Agency, notwithstanding any other provision of this Act, may—

(a) if there is a licence or revised licence in force in respect of the activity concerned, review that licence under section 90 and exercise the powers underparagraph (a)or(b)ofsubsection (2)of that section in relation to it,

(b) if there is no such licence in force, direct, by notice served on the person, the person in charge to apply for a licence, or

(c) determine that no further action is necessary in relation to the matter,

and, save in a case falling withinparagraph (c), the person in charge shall not effect the alteration or reconstruction unless and until the powers underparagraph (a)or(b)of thatsubsection (2)have been exercised in a way that allows or, as the case may be, a new licence or licence has been granted that allows, the alteration or reconstruction to be effected.

(3) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration or reconstruction referred to insubsection (1)which would, in the opinion of the Agency, substantially change or increase emissions from the activity or cause significant new emissions therefrom, the Agency, notwithstanding any other provision of this Act, shall—

(a) if there is a licence or revised licence in force in respect of the activity concerned, either review that licence undersection 90and exercise the powers underparagraph (a)or(b)ofsubsection (2)of that section in relation to it or direct the person in charge to apply for a new licence in substitution for that licence, or

(b) if there is no such licence in force, direct, by notice served on the person, the person in charge to apply for a licence,

and the person in charge shall not effect the alteration or reconstruction unless and until the powers underparagraph (a)or(b)of thatsubsection (2)have been exercised in a way that allows or, as the case may be, a new licence or licence has been granted that allows, the alteration or reconstruction to be effected.

(4) Where the Agency decides pursuant tosubsection (2)or(3)to review a licence or revised licence, or to direct a person to apply for a new licence or, as the case may be, a licence, the Agency shall—

(a) within 1 month of the receipt by it of the notice under this section, or the date on which the Agency otherwise becomesaware of the matters referred to atsubsection (1), inform the person accordingly, and

(b) proceed to complete the review of the licence or revised licence and exercise the appropriate powers undersubsection (2)ofsection 90in relation to it, or determine the application for a new licence or licence, as the case may be.

(5) Not later than the end of 3 months from the commencement ofsection 15of the Protection of the Environment Act 2003, a person in charge of an established activity shall, if—

(a) an alteration or reconstruction in respect of that activity was effected on or after 30 October 1999 but before the commencement of thatsection 15,

(b) that alteration or reconstruction was not required to be notified to the Agency undersection 92(1)of the previousPart IV, and

(c) that alteration or reconstruction has changed or increased, or is likely to change or increase, emissions from that activity or is likely to cause new emissions therefrom,

give notice in writing of that alteration or reconstruction to the Agency and such a notice shall be dealt with by the Agency as if it were a notice received by it undersubsection (1).

(6) If a notice is given to the Agency under and in accordance withsubsection (5)in relation to the activity concerned, the activity may continue to be carried on save where (if such be the case), in consequence of the exercise of any of the powers referred to insubsection (2)or(3), it becomes unlawful or unlawful, otherwise than in specified circumstances, to carry on the activity.]

98A. F209[Alterations of industrial emissions directive activity.

98A.—(1) The person in charge of an industrial emissions directive activity shall give notice in writing to the Agency of any proposal to effect any alteration in the nature or functioning, or a reconstruction or extension of the installation if such alteration, reconstruction or extension would, or is likely to, change or increase emissions from the activity or cause new emissions therefrom in a manner which would have consequences for the environment.

(2) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration, reconstruction or extension referred to insubsection (1)which would not, in the opinion of the Agency, increase or change emissions from the industrial emissions directive activity, cause significant new emissions therefrom, or otherwise constitute a substantial change, the Agency, notwithstanding any other provision of this Act, may—

(a) if there is a licence or revised licence in force in respect of the industrial emissions directive activity concerned, review that licence undersection 90and exercise the powers underparagraph (a)or(b)ofsubsection (2)of that section in relation to it,

(b) if there is no such licence in force, direct, by notice served on the person, the person in charge to apply for a licence, or

(c) determine that no further action is necessary in relation to the matter,

and, save in a case falling withinparagraph (c), the person in charge shall not effect the alteration, reconstruction or extension unless and until the powers underparagraph (a)or(b)of thatsubsection (2)have been exercised in a way that allows or, as the case may be, a new licence or licence has been granted that allows the alteration, reconstruction or extension to be effected.

(3) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration, reconstruction or extension referred to insubsection (1)which would, in the opinion of the Agency, increase or change emissions from the industrial emissions directive activity or cause significant new emissions therefrom or otherwise constitute a substantial change, the Agency, notwithstanding any other provision of this Act, shall—

(a) if there is a licence or revised licence in force in respect of the industrial emissions directive activity concerned, either review that licence under section 90 and exercise the powers underparagraph (a)or(b)ofsubsection (2)of that section in relation to it or direct the person in charge to apply for a new licence in substitution for that licence, or

(b) if there is no such licence in force, direct, by notice served on the person, the person in charge to apply for a licence,

and the person in charge shall not effect the alteration, reconstruction or extension unless and until the powers underparagraph (a)or(b)of thatsubsection (2)have been exercised in a way that allows or, as the case may be, a new licence or licence has been granted that allows, the alteration, reconstruction or extension to be effected.

(4) Where the Agency decides pursuant tosubsection (2)or(3)to review a licence or revised licence, or to direct a person to apply for a new licence or, as the case may be, a licence, the Agency shall—

(a) within 1 month of the receipt by it of the notice under this section, or the date on which the Agency otherwise becomes aware of the matters referred to atsubsection (1), inform the person accordingly, and

(b) proceed to complete the review of the licence or revised licence and exercise the appropriate powers undersubsection (2)ofsection 90in relation to it, or determine the application for a new licence or licence, as the case may be.

(5)(a) In this section“substantial change”means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant adverse effects on human health or the environment.

(b) In determining what is a substantial change for the purposes ofsubsection (3)the Agency shall deem any change in the nature or functioning or an extension of an installation concerned to be substantial if the change or extension in itself reaches the capacity thresholds specified in the First Schedule that relate to the industrial emissions directive activity carried out in that installation.]

99. F210[Charges in relation to emissions.

99.—(1) The Agency may, in accordance with regulations made by the Minister, with the consent of the Minister for Finance and the Minister for Enterprise, Trade and Employment, under this section, make charges in relation to such emissions to the environment from such activities as may be specified in the regulations.

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

(a) specifying the emissions in relation to which a charge under this section may be imposed,

(b) specifying the manner in which such a charge is to be imposed,

(c) specifying the method by which the amount of such charge is to be calculated,

(d) enabling the Agency to make different charges under this section in respect of different emissions and in different circumstances,

(e) specifying the manner in which representations may be made to the Agency regarding the imposition of a charge under this section and providing for the procedures to be followed in respect of such representations,

(f) providing for the amendment, revocation or review of charges imposed under this section.

(3) The Agency may recover the amount of any charges made by it under this section from the person by whom they are payable as a simple contract debt in any court of competent jurisdiction.]

99A. F211[Fees.

99A.—(1) The Minister may make regulations providing for the payment to the Agency, or such other public authority or other body as may be specified, of fees in relation to—

(a) applications for licences undersection 83,

F212[(b) reviews of licences or revised licences carried out undersection 90(1)(b),]

(c) reviews carried out pursuant to determinations undersection 82(10)(b),

(d) examinations carried out undersection 82(10)(a),

(e) an objection made to the Agency undersection 87(5),

(f) a request for an oral hearing undersection 87,

(g) an application made to the Agency in relation to the extension for the purposes ofsection 92of a period mentioned in that section,

(h) applications for the transfer of licences or revised licences undersection 94,

(i) applications for the surrender of licences or revised licences undersection 95,

(j) the operation of an accreditation scheme or an analytical quality control programme undersection 66,

(k) the operation of a labelling scheme undersection 78,

(l) the operation of a system of control for the prevention or limitation of noiseF212[undersection 106,]

(m) the operation of a system of control over genetically modified organisms undersection 111,

F213[(n) reviews of licences or revised licences carried out undersection 90(1)(a),

(o) reviews of licences or revised licences carried out undersection 90(1)(aa),

(p) reviews of licences or revised licences carried out undersection 90(4),

(q) reviews of licences or revised licences carried out undersection 90(5), or

(r) notwithstandingsection 96(2), amendments of licences or revised licences undersection 96(1).]

and the regulations may provide for different fees or for exemption from the payment of fees or for the waiver, remission or refund (in whole or in part) of fees in different circumstances or classes of circumstances or for different cases or classes of cases and for the manner in which fees are to be disposed of.

(2) Where under regulations under this section a fee is payable in respect of any application or matter, the application or matter shall be invalid and shall not be decided or otherwise dealt with, as may be appropriate, by the Agency or such other public authority or other body as may be concerned unless the Agency or other public authority or other body, as the case may be, is in receipt of the fee.

F212[(3) Regulations underparagraph (a),(b),(c),(n),(o),(p),(q)or(r)ofsubsection (1)shall not be made otherwise than with the consent of the Minister for Public Expenditure and Reform and the Minister for Jobs, Enterprise and Innovation.]]

F213[(4) The Agency may recover any amount due and owing to it under this section from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.]

99B. F214[Special cases.

99B.—(1) The Minister may, by order, as respects any process, development or operation that is not specified in theFirst Schedule, do both of the following, namely, provide that—

(a) any requirement under—

(i) Part III ofthe Air Pollution Act 1987,

(ii) section 4 or 16 ofthe Local Government (Water Pollution) Act 1977,F215[…]

(iii)section 171 of F216[theFisheries (Consolidation) Act 1959, or],

F217[(iv)section 63or81of the Water Services Act 2007,]

as appropriate, that a licence under such an enactment be in force for the carrying on of the process, development or operation shall cease to apply to it,

and

(b) a licence under this Part shall be required for the carrying on of it,

and where such an order is made the provisions of this Act shall apply in relation to the process, development or operation concerned as if it were an activity for so long as the order remains in force.

(2) Without prejudice to the generality ofsubsection (1), an order under this section may be made—

(a) because of the location of the process, development or operation, or the quality of the environment in the area in which the process, development or operation will be carried out,

(b) because, at the time of the enactment of this Act or the most recent amendment of the First Schedule, no such process, development or operation existed in the State, or

(c) because evidence related to any impact on the environment of such process, development or operation which was not available has become available.]

99C. F218[Monitoring of environmental quality and emissions.

99C.—(1) The Agency shall, in relation to an activity, carry out, cause to be carried out, or arrange for, such monitoring of—

(a) environmental quality, and

(b) the nature, extent and effects of emissions to the environment,

as the Agency may consider necessary for the performance of its functions under this Part.

(2) The Agency may, as it considers necessary, by notice served on the person, require the person in charge of an activity from which there is an emission to the environment to carry out such monitoring of the nature, extent and effect of the emission and of the quality of any environmental medium likely to be affected by such emission, and to keep and to supply to the Agency such records of the monitoring, as the Agency considers necessary.

(3) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring or other measures as it considers necessary to verify the monitoring or records of such monitoring provided for undersubsection (2).

(4) The Agency shall, if so directed by the Minister, supply to him or to any person specified by him, at such intervals and in such manner as the Minister may direct, records of any monitoring carried out under this section.]

99D. F219[Mass balances of specified substances.

99D.—(1) The Minister may, for the purposes of—

(a) determining the extent of, and making available to members of the public information in relation to, the release of substances to environmental media resulting from the use or consumption of any specified class or classes of substance in any specified class or classes of process, development or operation (whether or not comprising an activity to which this Part applies),

(b) determining, and making available information in relation to, the relationship ("the mass balance") between such a release of a substance and the use or consumption of a substance aforesaid in a process, development or operation aforesaid,

make regulations requiring a person who carries out a process, development or operation aforesaid to make such determination of, and provide to the Agency or specified public authorities, or publish, such information in relation to, the matters referred to inparagraphs (a)and(b)as may be specified in the regulations.

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

(a) requiring the person concerned to make on specified dates or at specified intervals measurements, calculations, estimates or projections of the release of substances to environmental media,

(b) prescribing the methods or procedures to be used in the making of such measurements, calculations, estimates or projections,

(c) requiring records or registers in a specified form to be kept by the person concerned of, or in which there shall be entered by him, specified particulars as respects the release of substances to environmental media and the use or consumption of any substance in a process, development or operation that gives rise to such a release,

(d) the intervals and the manner in which information as respects the matters aforesaid shall be provided by the person concerned to the Agency or other public authorities or be published,

(e) matters consequential on, or incidental to, the foregoing.

(3) The Agency and any prescribed public authority shall each publish information that has been provided to it pursuant to regulations under thissection in such manner and subject to such conditions as may be prescribed.]

99E. F220[Discharges to sewers.

99E.—(1) Where the Agency proposes to grant a licence (including a revised licence) which involves a discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer, it shall obtain the consent of the sanitary authority in which the sewer is vested, or by which the sewer is controlled, to such a discharge being made.

(2) Where consent is sought in accordance withsubsection (1), the Agency may specify a period (which period shall not in any case be less than 4 weeks from the date on which the consent is sought) within which the consent may be granted subject to, or without, conditions or refused; any consent purporting to be granted (whether subject to or without conditions) after the expiry of that period, or any decision given purporting to refuse consent after that expiry, shall be invalid and in those circumstances the Agency may proceed to grant the licence concerned as if the requirements ofsubsection (1)had been satisfied.

(3) Subject tosubsection (4), a consent undersubsection (1)may be granted subject to or without conditions and if it is granted subject to conditions the Agency shall include in the licence or revised licence concerned conditions corresponding to them or, as the Agency may think appropriate, conditions more strict than them.

(4) The conditions that may be attached to a consent by a sanitary authority under this section are the following and no other conditions, namely conditions—

(a) relating to—

(i) the nature, composition, temperature, volume, level, rate, and location of the discharge concerned and the period during which the discharge may, or may not, be made,

(ii) the provision, operation, maintenance and supervision of meters, gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effect of emissions,

(iii) the taking and analysis of samples, the keeping of records and furnishing of information to the sanitary authority,

(b) providing for the payment by the licensee to the sanitary authority concerned of such amount or amounts as may be determined by the sanitary authority having regard to the expenditure incurred or to be incurredby it in monitoring, treating and disposing of discharges of trade effluent, sewage effluent and other matter to sewers in its functional area or a specified part of its functional area,

(c) specifying a date not later than which any conditions attached under this section shall be complied with,

(d) relating to, providing for or specifying such other matter as may be prescribed.

(5) A sanitary authority may request the Agency to review a licence or revised licence to which this section relates—

(a) at intervals of not less than 3 years from the date on which the licence or the revised licence is granted, or

(b) at any time with the consent, or on the application, of the person making, causing or permitting the discharge, or

(c) at any time if—

(i) the sanitary authority has reasonable grounds for believing that the discharge authorised by the licence or revised licence is, or is likely to be, injurious to public health or is likely to render the waters to which the sewer concerned discharges unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses or is, or is likely to be otherwise, a serious risk to the quality of the waters,

(ii) there has been a material change in the nature or volume of the discharge,

(iii) there has been a material change in relation to the waters to which the sewer concerned discharges, or

(iv) further information has become available since the date on which the licence or revised licence was granted relating to polluting matter present in the discharge concerned or relating to the effects of such matter,

and the Agency shall consider and may comply with such request and shall have regard to any submission on the matter received from the sanitary authority.]

F221[(6) 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.]

99F. F222[Application of other Acts.

99F.—(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that Act, where a licence or revised licence under this Part has beengranted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34F223[or substitute consent, within the meaning of section 177A,]of that Act in respect of any development comprising or for the purposes of the activity, subject the permission to conditions which are for the purposes of—

(a) controlling emissions from the operation of the activity, including the prevention, elimination, limitation, abatement, or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

(2) Where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála may, in respect of any development comprising or for the purposes of the activity, decide to refuse a grant of permission under section 34F223[or refuse a grant of substitute consent, as defined in section 177A]of the Act of 2000, where the authority or An Bord Pleanála considers that the development, notwithstanding the licensing of the activity under this Part, is unacceptableF224[on environmental grounds or on the grounds of adverse effects on the integrity of a European site (as defined in that Act),]having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

(3)F225[…]

(4)F225[…]

(5) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him to be necessary or proper to give full effect to any of the provisions of this section.

(6) Without prejudice to the generality ofsubsection (5), regulations under this section may providefor matters of procedure in relation to the request for or the making of observations from or by the Agency under this section and related matters.

(7) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act.

(8) Notwithstanding the provisions of the Minerals Development Acts 1940 to 1999, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a lease granted by the Minister for Communications, Marine and Natural Resources under the said Acts in respect of the same activity shall not contain conditions which are for the purpose of the prevention, elimination, limitation, abatement or reduction of emissions to the environment from the activity.

(9) Without prejudice to the preceding subsections, where a licence or revised licence under this Part is granted in relation to an activity and—

(a) a permission under section 34 of the Act of 2000, or

F223[(aa) a substitute consent, as defined in section 177T of the Act of 2000, or]

(b) a lease under the Minerals Development Acts 1940 to 1999,

has been granted in respect of the same activity or in relation to development for the purposes of it, any conditions attached to that permission or contained in that lease, as the case may be, shall, so far as they are for the purposes of the prevention, elimination, limitation, abatement or reduction of emissions to the environment, cease to have effect.

(10) The grant of a permission or lease under any of the Acts of the Oireachtas referred to in this section in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such activity.]

99G. F230[Transitional arrangements.

99G.—(1) Without prejudice to the requirements ofF231[the Industrial Emissions Directive], where the Agency proposes to grant a licence or revised licence in respect of an established activity for which a licence has been granted under—

(a) Part III ofthe Air Pollution Act 1987,

(b) section 4 or 16 ofthe Local Government (Water Pollution) Act 1977,F232[…]

(c)section 171 of F233[theFisheries (Consolidation) Act 1959, or]

F234[(d)section 63or81of the Water Services Act 2007,]

the Agency shall, if the licence or revised licence under this Part is being granted during the period of 3 years from the grant of a licence referred to inparagraph (a),(b)or(c), have regard to the conditions (if any) attached to such licence and the costs in relationto the activity which would be incurred if different conditions were attached to the licence or revised licence to be granted by the Agency.

(2) On and after the commencement ofsection 15of the Protection of the Environment Act 2003, the Agency shall ensure that an activity for which a licence is required under this Part is carried on in accordance with the enactments mentioned insubsection (1)until a licence under this Part is granted in respect of the activity and any reference to a local authority, sanitary authority or the Minister for Communications, Marine and Natural Resources in any licence or any conditions attached to a licence granted under the above-mentioned enactments in relation to such activity shall be deemed to be a reference to the Agency.

(3) The Minister may, for the purposes ofsubsection (2), make regulations providing that such functions conferred by the enactments mentioned insubsection (1)as are specified in the regulations shall, to such extent as may be so specified, be performable by the Agency in lieu of the local authority, sanitary authority or the Minister for Communications, Marine and Natural Resources in relation to the activities concerned.

(4) Where, immediately before the commencement ofsection 15of the Protection of the Environment Act 2003, there is an application for a licence or a review of a licence under an enactment mentioned inparagraph (a),(b)or(c)ofsubsection (1)in respect of an activity for which a licence under this Part is required, and the application or review has yet to be determined, the application or review shall be dealt with and decided under this Part by the Agency as if it were an application to the Agency for a licence under this Part and the local authority or sanitary authority or the Minister for Communications, Marine and Natural Resources, as the case may be, shall furnish the Agency, within a period of 1 month from the commencement of that section or 14 days from the date of a request from the Agency for any documents or information, whichever shall be the later, with all such documents and information in its or his possession as it may require for this purpose.

(5) The day or the last of the days, as may be appropriate, on which all the documents and information referred to insubsection (4)are furnished to the Agency in accordance with that subsection by the local authority, sanitary authority or the Minister for Communications, Marine and Natural Resources, as the case may be, shall, in relation to an application for a licence, be deemed to be the date of an application for a licence under this Part.

(6) Notwithstanding the provisions of this section, this Part shall not apply to an activity where an appeal to An Bord Pleanála undersection 34 of the Air Pollution Act 1987, or section 8 or 20 ofthe Local Government (Water Pollution) Act 1977, as insertedbythe Local Government (Water Pollution) (Amendment) Act 1990, has been or may still be made, until the time for making the appeal has expired or the appeal has been determined or withdrawn and the licence (if any) granted, as the case may be.]

99H. F235[Powers of High Court or Circuit Court in relation to activities in contravention of this Act.

99H.—(1) Where, on application by any person to the High Court or the Circuit Court, that Court is satisfied that an activity is being carried on in contravention of the requirements of this Act, it may by order—

(a) require the person in charge of the activity to do, refrain from or cease doing any specified act (including to refrain from or cease making any specified emission),

(b) make such other provision, including provision in relation to the payment of costs, as the Court considers appropriate.

(2) An application for an order under this section shall be by motion, and the High Court or the Circuit Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(3) (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the activity concerned is being carried on.

(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section which it is satisfied it is appropriate for it to deal with as a court of local and limited jurisdiction and, for the purpose of the court's satisfying itself of that matter, the matters to which it shall have regard include—

(i) the nature and extent of the environmental pollution, if any, which it is alleged is being caused by the activity concerned, and

(ii) the estimated cost of complying with the order to which the application relates.

(c) If, in relation to an application under this section to the Circuit Court, that court becomes of the opinion, during the hearing of the application, that it is not appropriate for the Circuit Court to deal with the application, it may, if it so thinks fit, transfer the application to the High Court.

(d)Paragraph (c)is without prejudice to the jurisdiction of the Circuit Court to determine an application under this sectionwhich, at the time of the making of the application, it was satisfied it had jurisdiction to deal with.

(e) Where an application is transferred underparagraph (c)to the High Court, the High Court shall be deemed to have made any order made undersubsection (2)by the court from which it is so transferred in the proceedings in relation to the application.

(4) An application for an order under this section may be made whether or not there has been a prosecution for an offence under this Act in relation to the activity concerned and shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the activity concerned.

(5) Without prejudice to the powers of the High Court or the Circuit Court to enforce an order under this section, a person who fails to comply with an order under this section shall be guilty of an offence.]

F236[PART IVA Water Pollution]

99I. F237[Groundwater Protection.

99I.—(1) In this Part, unless where the context otherwise requires—

"aquifer" means a stratum or combination of strata that stores or transmits groundwater;

"the Directive" means Council Directive 80/68/EEC of 17 December 1979 on the control of groundwater against pollution by certain dangerous substances^1;

"hazardous substance" means a substance specified in the Annex to the Directive.

(2) This Part applies to an activity which gives rise to, or could give rise to, an emission containing a hazardous substance which is discharged to an aquifer.

(3) In addition to the requirements imposed on it byPart IVto attach conditions, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which this Part applies such conditions as are, in the opinion of the Agency, necessary to give effect to Articles 3, 4, 5, 6, 8, 9 and 10 of the Directive.

(4) Without prejudice tosection 83(2), the Agency shall, in considering an application for a licence or the review of a licence or a revised licence in relation to an activity to which this Part applies, have regard to the results of investigations carried out in accordance withsubsection (6).

(5) Without prejudice tosection 83(5), the Agency shall not grant a licence or revised licence in relation to an activity to which this Part applies unless it is satisfied that the activity will be carried on in a manner which complies with the requirements of the Directive.

(6) Before making its decision undersection 83(1)on an application for a licence, or undersection 90on the review of a licence, the Agency shall carry out or cause to be carried out (by the applicant or otherwise) such investigations as it considers necessary in order to comply with the requirements of Articles 4, 5 and 7 of the Directive.

(7) Notwithstandingsubsection (1)(a)ofsection 90, a licence or revised licence granted by the Agency in relation to an activity to which this Part applies shall be reviewed by the Agency under that section at intervals which do not exceed 4 years.]

F238[Part IVB Environmental Inspection Plan]

99J. F239[Environmental Inspection Plan

99J.—(1) This section applies to an installation where an industrial emissions directive activity is or will be carried on.

(2) The Agency, as soon as may be after the commencement of this Part, shall make a national plan (in this Part called“the environmental inspection plan”) with regard to the inspection of installations.

(3) Every installation shall be referred to in the environmental inspection plan and the Agency, from time to time as it thinks appropriate, shall review the environmental inspection plan and make such revisions thereto as it thinks fit and references in this Part to the environmental inspection plan shall, unless the context otherwise requires, be construed as including references to the plan as so revised.

(4) The purpose of the environmental inspection plan shall be the examination by the Agency of relevant environmental effects from an installation referred to in the plan and the plan shall include the following:

(a) a general assessment by the Agency of relevant significant environmental issues;

(b) the geographical area to which the plan applies;

(c) a register of installations to which the plan applies;

(d) procedures for drawing up programmes for routine environmental inspections undersubsection (5);

(e) procedures for non-routine environmental inspections underF240[subsection (7);]

F241[(f)where necessary, provisions on the cooperation between different inspection authorities.]

(5) The Agency, based on the environmental inspection plan, shall regularly draw up a programme for routine environmental inspections, including the frequency of site visits for different types of installations, provided that:

(a) the period between two site visits at an installation shall be based on a systematic appraisal by the Agency, undersubsection (6), of the environmental risks of the installation concerned and shall not exceed 1 year for an installation posing the highest risks and 3 years for an installation posing the lowest risks, and

(b) if an inspection of an installation has identified a lack of compliance of a significant nature with a licence or a condition attached to a licence under this Part, the Agency shall carry out an additional site visit at that installation within 6 months of that inspection.

(6) In relation to an installation, the Agency shall base the systematic appraisal of the environmental risks referred to insubsection (5)(a)on the following criteria:

(a) the potential and actual impacts of the installation concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents,

(b) the record of compliance with licence conditions at the installation concerned, and

(c) the participation of the licensee concerned in the Union Eco-Management and Audit Scheme under Regulation (EC) No. 1221/2009^1, known as“EMAS”.

(7) The Agency shall, as soon as possible, undertake a non-routine environmental inspection to investigate serious environmental complaints, serious environmental accidents or incidents and contraventions of provisions of this Part, or of licences or revised licences or conditions attached to licences or revised licences and, where appropriate, may undertake such an inspection before the Agency makes a decision undersection 83on an application for a licence, or undersection 90on the review of a licence or revised licence (including such a review conducted by it of its own volition).

(8) After each site visit undertaken by it, the Agency shall—

(a) prepare a report describing its findings regarding—

(i) if the installation concerned complies with the licence or any conditions attached to the licence, and

(ii) further action (if any) necessary to achieve that compliance,

(b) furnish a copy of the report referred to inparagraph (a)to the person in charge of the installation within two months of the site visit taking place, and

(c) within four months of the site visit taking place, make the report of the visit accessible to the public in accordance with the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007).

(9) Without prejudice tosection 97B, where the Agency has concluded that action is required to restore compliance with the licence or a condition attached to the licence, the Agency shall in addition to furnishing the person in charge with a copy of the report of the site visit undersubsection (8)(b), notify the person in charge of—

(a) the occurrences of non-compliance and the measures that the person in charge is required to take to restore compliance within a period specified by the Agency in the notification,

(b) where relevant, the order in which such measures are to be taken, and

(c) where relevant, the monitoring and inspection that the Agency proposes to undertake in relation to the remedial measures until the Agency is satisfied that compliance has been restored.

(10) In this section“environmental inspection”means, in relation to an installation, all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management undertaken by or on behalf of the Agency to check and promote compliance of installations with their licences under this Part and any conditions attaching thereto, and where necessary, to monitor the environmental impact of the installations concerned.]

F242[PART IVC Titanium Dioxide]

99K. F243[Titanium Dioxide.

99K.—(1) This Part applies in relation to an installation where an industrial emissions directive activity that produces titanium dioxide is carried on.

(2) In granting a licence or revised licence in relation to an industrial emissions directive activity that produces titanium dioxide, the Agency shall attach one or more conditions that, in the opinion of the Agency, are necessary to give effect to Chapter VI of the Industrial Emissions Directive.

(3) Without prejudice to the generality ofsection 83(3), the Agency shall not grant a licence or revised licence in relation to an industrial emissions directive activity referred to insubsection (1)unless it is satisfied that the activity will be carried on in a manner which complies with the requirements of the Industrial Emissions Directive.]

F244[(4) (a) Emissions from an installation to which this Part applies into water shall not exceed the emission limit values set out in Part 1 of Annex VIII to the Industrial Emissions Directive.

(b) Emissions from an installation to which this Part applies into air shall not exceed the emission limit values set out in Part 2 of Annex VIII to the Industrial Emissions Directive.

(c) Emissions referred to inparagraph (b)shall be monitored in accordance with Part 3 of Annex VIII to the Industrial Emissions Directive.]

PART V General Pollution Control

100. Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977.

100.—(1)The Minister may, by order, provide that any provision of the Local Government (Water Pollution) Act, 1977, specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.

(2)An order under subsection (1) in relation to a particular provision may provide that—

(a)a function conferred on a local authority or sanitary authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,

(b)anything required by the provision to be done in relation to a local authority or a sanitary authority may, in addition to or in lieu of that authority, be done in relation to the Agency,

(c)a reference in the provision to a local authority or to a sanitary authority may include or be substituted by a reference to the Agency.

(3)An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of any provision of the Local Government (Water Pollution) Act, 1977, as it applies in relation to the Agency.

101. Extension to Agency of certain powers under Air Pollution Act, 1987.

101.—(1)The Minister may, by order, provide that any provision of the Air Pollution Act, 1987, specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.

(2)An order under subsection (1) in relation to a particular provision may provide that—

(a)a function conferred on a local authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,

(b)anything required by the provision to be done in relation to a local authority may, in addition to or in lieu of that authority, be done in relation to the Agency,

(c)a reference in the provision to a local authority may include or be substituted by a reference to the Agency.

(3)An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate,including provision for the modification of any provision of the Air Pollution Act, 1987, as it applies in relation to the Agency.

102. Management plans.

102.—(1)Without prejudice to the generality of sections 100 and 101, the Minister may, by order, provide that the Agency may make an air quality management plan under section 46 of the Air Pollution Act, 1987 F245[or a waste management plan under section 22 of the Waste Management Act, 1996], or a water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977.

(2)An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of sections 46, 47 and 48 of the Air Pollution Act, 1987, or section 15 of the Local Government (Water Pollution) Act, 1977 F246[or sections 22, 23 and 25 of the Waste Management Act, 1996,], as they apply in relation to the Agency and in particular—

(i)the procedures to be followed by the Agency in making the plan,

(ii)consultation by the Agency with any local authority concerned in regard to the making of a plan,

(iii)provisions relating to the consent of a local authority before a plan is made,

(iv)provisions for the determination of matters where the Agency considers that the consent of a local authority is unreasonably withheld,

(v)provisions relating to the recovery of the costs of making a plan from the local authorities concerned.

103. Emission limit values and quality standards.

103.—(1)The Agency may, at any time, and shall when requested by the Minister to do so, make recommendations to the Minister in relation to—

(a)the specifying of air quality standards under section 50 of the Air Pollution Act, 1987,

(b)the specifying of emission limit values under section 51 of the Air Pollution Act, 1987,

(c)the prescribing of quality standards for waters, trade effluents and sewage effluents and standards in relation to methods of treatment of such effluents, under section 26 of the Local Government (Water Pollution) Act, 1977.

(2)Before making regulations for any of the purposes referred to in subsection (1) the Minister shall have regard to any recommendations made by the Agency pursuant to that subsection.

(3)Recommendations under subsection (1), other than recommendations made at the request of the Minister, shall be published by the Agency.

104. Special reports and investigations.

104.—(1)The Agency may, and shall when requested by the Minister to do so, investigate the causes and circumstances surrounding any incident of environmental pollution and make a special report on such matter.

(2)(a)The Agency may cause a special report, or part thereof, to be published in such manner as it thinks fit.

(b)Before publication of a special report or part of such report prepared at the request of the Minister, the Agency shall submit such report to the Minister.

(3)The Minister may make regulations on any matter of procedure in relation to the operation of this section.

105. Inquiries.

105.—(1)(a)The Agency may, where after consultation with the Minister it considers it necessary to do so, arrange for an inquiry to be held into any incident of environmental pollution or any other matter related to environmental protection.

(b)The Minister may direct the Agency to arrange for an inquiry to be held into any specified incident of environmental pollution or any other matter related to environmental protection and the Agency shall comply with any such direction.

(2)The inquiry shall be conducted by a person appointed in that behalf by the Agency in such manner as the person thinks appropriate.

(3)The person conducting the inquiry may, for the purposes of the inquiry—

(a)investigate the circumstances in which the incident of environmental pollution or any other matter related to environmental protection occurred,

(b)enter (on production of the confirmation of his appointment if so demanded by the occupier or person in charge of the premises) at any reasonable time any premises, entry to which appears requisite for the said purposes,

(c)carry out such inspection and examination and do such things and make such enquiries as appear to him to be reasonably necessary for the said purposes and, in particular—

(i)require, by summons, any person to attend as a witness to give evidence,

(ii)require any person to produce such books, papers, other documents and any articles (being in that person's custody or under his control) which the person conducting the inquiry may consider relevant and retain such books, papers, documents and articles for such time as he may reasonably require them,

(iii)administer or cause to be administered an oath and take evidence under oath.

(4)If a person—

(a)on being duly summoned as a witness before an inquiry without just cause or excuse disobeys the summons,

(b)being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the person conducting the inquiry to do so, or to produce any documents or articles in his custody or control legally required by the person conducting the inquiry to be produced by him, or to answer any question to which the person conducting the inquiry may legally require an answer,

(c)wilfully gives evidence which is material to the inquiry and which he knows to be false or does not believe to be true,

(d)by act or omission, obstructs or hinders the person conducting the inquiry in the performance of his functions,

(e)fails, neglects or refuses to comply with any requirement provided for under subsection (3) (c) (ii), or

(f)does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court,

the person shall be guilty of an offence.

(5)A statement or admission made by a person before a person conducting an inquiry under this section shall not be admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4).

(6)Persons attending as witnesses at the inquiry shall be allowed such expenses to be paid out of moneys available to the Agency as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the person conducting the inquiry to a taxing master of the High Court, who, on request signed by the person conducting the inquiry, shall ascertain and certify the proper amount of the expenses.

(7)The person conducting the inquiry shall make a report to the Agency stating the causes and circumstances of the subject of the inquiry and may add any observations which he thinks right to make.

(8)The Agency may cause the report of a person who conducted an inquiry under this section to be made public at such time and in such manner as it thinks fit.

(9)The Agency may require that all or part of the expenses incurred by the Agency in relation to an inquiry under this section shall be paid in whole or in part by any person who appears to the Agency to be, by reason of any act or default on the part of such person or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry.

(10)The Agency shall give notice of an inquiry under this section by a notice published in Iris Oifigiúil and in at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.

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

PART VI Miscellaneous

106. Regulations for control of noise.

106.—(1)The Minister may, following consultation with any Minister of the Government who in the opinion of the Minister is concerned and with the Agency, make regulations for the purpose of the prevention or limitation of any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.

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

(a)controlling sources of noise,

(b)(i)specifying maximum limits for noise either generally or in specified areas or classes of areas,

(ii)specifying maximum limits for noise emissions, from or into premises or classes of premises, either generally or at specified periods, or

(iii)specifying maximum limits of noise levels in prescribed premises,

(c)regulating the operation, including licensing, of trades, processes or works, including the timing and control of movements of vehicles and the operation of engines and plant which are, or may be, sources of noise,

(d)limiting or prohibiting the use of loudspeakers in or adjoining public places, including different provisions for different places or classes of places and at different times, and subject to such exceptions as may be specified,

(e)the measurement of noise and the investigation of noise effects, or

(f)the imposition of charges or the payment of fees for the purposes of the regulations or for services performed thereunder.

(3)The Act of 1963 is hereby amended by the addition at the end of Part IV of the Third Schedule of the entry: “14. Securing the reduction or prevention of noise.”.

107. Power of local authority or Agency to require measures to be taken to prevent or limit noise.

107.—(1)Where it appears to—

(a)a local authority in relation to any premises, processes or works, other than an activity for which a licence is required under Part IV, or

(b)the Agency in relation to an activity for which a licence is required under Part IV but has not been issued,

that it is necessary to do so for the prevention or limitation of noise, the local authority or the Agency, as the case may be, may serve a notice on the person in charge.

(2)A notice pursuant to this section shall indicate requirements for the prevention or limitation of the noise and may—

(a)specify the measures which appear to the local authority or the Agency, as the case may be, to be necessary in order to prevent or limit the noise,

(b)direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or limit the noise, and

(c)specify a period, which the local authority or the Agency, as the case may be, considers reasonable in all the circumstances of the case, within which such measures are to be taken.

(3)A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority or the Agency, as the case may be, concerning the terms of the notice, and the local authority or the Agency, as the case may be, having considered any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.

(4)A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.