S.I. No. 85/1994 - Environmental Protection Agency (Licensing) Regulations, 1994

• (i) be displayed in or at headquarters of the Agency in a position convenient for public inspection during office hours,

• (ii) be made available for such charge, if any, as the Agency may fix not exceeding the reasonable cost of making the copy, at the headquarters of the Agency during office hours.

( b ) A copy of a list referred to in sub-article (2) may in addition to the requirements of paragraph (a) be displayed in any other place which the Agency considers appropriate or made available for such charge, if any, as the Agency may fix not exceeding the reasonable cost of making the copy to any body, group or person likely to be interested.

( c ) A copy of a list referred to in sub-article (2) or the relevant portion of such list shall, in addition to the requirements of paragraph (a), within 7 days of the date of the giving of the decision be published in a newspaper circulating in the district in which the activity is or will be situate.

• (4) ( a ) A list referred to in sub-article (2) shall, in respect of each decision on an application for a licence to which it relates, indicate—

• (i) the reference number given under article 42 (2) to the application in the register of licences,

• (ii) the name and address of the applicant,

• (iii) the class or classes and nature of the activity in accordance with the First Schedule to the Act,

• (iv) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) and the National Grid reference of the premises to which the decision relates,

• (v) the nature of the decision,

• (vi) the date of the giving of the decision, and

• (vii) where a copy of the licence or the reasons for refusal, as the case may be, may be obtained.

• (b) A list referred to in sub-article (2) shall, in respect of each decision on a review of a licence or revised licence, indicate—

• (i) the reference number given under article 42 (2) to the application in the register of licences,

• (ii) the name and address of the licensee,

• (iii) the class or classes and nature of the activity in accordance with the First Schedule to the Act,

• (iv) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) and the National Grid reference of the premises to which the review relates,

• (v) the nature of the decision,

• (vi) the date of the giving of the decision, and

• (vii) where a copy of the revised licence or the reasons for a revised licence, as the case may be, may be obtained.

( c ) A list referred to in sub-article (2) shall, in addition to the requirements of paragraph (a), indicate those applications for licences, if any, in respect of which an environmental impact statement has been submitted to the Agency in accordance with Part II and the name of the planning authority to which a copy of the environmental impact statement has been or will be submitted.

PART VI REGISTER

42 Form of register.

42. (1) The register of licences required under section 89 of the Act to be established and maintained by the Agency, and kept at the offices of the Agency, shall in respect of each application for a licence, each notification given in writing to the licensee under section 85 (1) (b) of the Act, and each application for a licence or permit or a review of a licence or permit dealt with by the Agency under section 99 (4) of the Act as the case may be, contain the following entries—

( a ) the reference number in accordance with sub-article (2),

( b ) the name and address of the applicant, or the licensee, as the case may be,

( c ) the class or classes and nature of the activity in accordance with the First Schedule to the Act,

( d ) the location or postal address (including where appropriate, the name of the relevant townland or townlands) and the National Grid reference of the premises to which the application or the review relates,

( e ) the date on which the Agency is in receipt of the application for a licence and supporting documentation and particulars required to be submitted under article 10,

( f ) the date of a notice published under section 85 (1) (b) of the Act,

( g ) the date of any notification given by the Agency under articles 11 (2) (b ), 12 (3) (b), 13 (1) and (2), 14 (2) (b), 17, 24 (2), 31, 32, 33, 34, 39 (2) and 40 (1),

( h ) the date of receipt of any submission, document, plans, drawings, maps, evidence, particulars or information submitted to the Agency in compliance with any notice given under articles 11 (2) (b) (ii), 12 (3) (b), 13 (1) and (2), 14 (2) (b), 32, 33, 34 and 39 (2),

( i) the date of receipt of an environmental impact statement required under article 12,

( j ) the date of receipt of a notice of an exemption in accordance with section 25 (3) (inserted by the Environmental Assessment Regulations) of the Act of 1963,

( k ) the date of a notification given under section 85 (2) of the Act,

( l ) the date on which the Agency is in receipt of additional information required under article 17,

( m ) the period by which the Agency extends under article 18 (2) or 18 (3) the period specified in section 85 (3) of the Act,

( n ) the manner in which the Agency proposes to determine the application or review,

( o ) the number of objections received, if any,

( p ) the date of receipt of a submission in accordance with article 31 in respect of an objection,

( q ) the date of a notification to hold an oral hearing in accordance with article 34,

( r ) any date specified by the Agency under article 40,

( s ) the date of a declaration under article 24 (3) or 33 (2),

( t ) the date of the decision on the application for a licence or the review of a licence or revised licence,

( u ) the frequency or periods within which monitoring reports or other information are required to be submitted to the Agency by or under a condition attached to a licence or revised licence, and

• (v) (i) the date of receipt of a notice under section 91 (2) of the Act,

• (ii) the date of receipt of a notice under section 92 (1) of the Act,

• (iii) the date and nature of the decision by the Agency under section 92 (2) of the Act.

• (2) Each application for a licence, each notification given in writing to the licensee under section 85 (1) (b) of the Act and each application for a licence or permit or a review of a licence or permit dealt with by the Agency under section 99 (4) of the Act shall be given a reference number in the register of licences.

PART VII TRANSITIONAL ARRANGEMENTS

43 Provisions of other enactments exercisable by the Agency.

43. For the purposes of section 99 (2) of the Act the provisions of the enactments mentioned in section 99 (1) (a) of the Act and as set out in the Table hereunder, shall be exercisable by the Agency in lieu of the local authority, sanitary authority or the Minister for the Marine, as appropriate.

TABLE

Dated this 13th day of April, 1994.

JOHN BROWNE,

Minister of State at the Department of the Environment.

EXPLANATORY NOTE.

The Regulations provide for various procedural matters in relation to the integrated licensing by the Environmental Protection Agency of scheduled activities under the Environmental Protection Agency Act, 1992 . The Regulations provide for applications for licences, reviews of licences or revised licences, consideration by the Agency of objections, including the holding of oral hearings and the contents of the register of licences.

The Regulations also prescribe the day on or after which specified classes of activity in the First Schedule to the 1992 Act will require an integrated licence in accordance with section 82 (1) of the Act.

The Regulations also specify the "relevant day" for the purposes of the definition of "established activity" in section 3 of the 1992 Act in respect of specified classes of activity in the First Schedule to that Act.