Environment (Miscellaneous Provisions) Act 2015

PART 1 Preliminary and General

1. Short title, construction and commencement

1. (1) This Act may be cited as the Environment (Miscellaneous Provisions) Act 2015.

(2) Part 2 and the Bourn Vincent Memorial Park Act 1932 may be cited together as the Bourn Vincent Memorial Park Acts 1932 and 2015 and shall be construed together as one Act.

(3) Part 10 and the Water Services Acts 2007 to 2014 may be cited together as the Water Services Acts 2007 to 2015.

(4) This Act shall come into operation on such day or days as the Minister for the Environment, Community and Local Government may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Definitions

2. In this Act—

“Act of 1932” means the Bourn Vincent Memorial Park Act 1932;

“Act of 1987” means the Air Pollution Act 1987;

“Act of 1992” means the Environmental Protection Agency Act 1992;

“Act of 1996” means the Waste Management Act 1996.

PART 2 Amendment of Bourn Vincent Memorial Park Act 1932

Chapter 1

3. Interpretation for Part 2

3. In this Part—

“appointed day” has the meaning given to it by section 4(3);

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b).

Chapter 2

4. Transfer of functions to Minister for Arts, Heritage and the Gaeltacht

4. (1) The functions referred in sections 3(1), 4, 5, 6(4), 10, 11, 12, 13, 14, 15 and 21, and, in so far as it relates to payment into or disposal of for the benefit of the Exchequer of moneys received, section 3(2) of the Act of 1932 are transferred to the Minister for Arts, Heritage and the Gaeltacht.

(2) The administration and business in connection with the performance or exercise of any functions transferred under subsection (1) to the Minister for Arts, Heritage and the Gaeltacht are transferred to the Department of Arts, Heritage and the Gaeltacht.

(3) The transfer of functions under subsection (1) shall take place on the day on which this Part is commenced in its entirety, in this Part referred to as the “appointed day”.

5. Construction of references

5. References to any Minister or to the Commissioners contained in any enactment (other than this Act) and relating to any functions transferred under section 4 shall be construed as references to the Minister for Arts, Heritage and the Gaeltacht.

Chapter 3

6. Transfer of land and other property

6.(1) On the appointed day, all the lands and property (other than chattels personal) referred to in section 5(1) of the Act of 1932 shall, without any conveyance or assignment, stand vested in the Minister for Arts, Heritage and the Gaeltacht for the purpose referred to in that section and for all the estate or interest therein but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) On the appointed day, all chattels personal referred to in section 5(2) of the Act of 1932, and all other property (other than land), including choses-in-action that immediately before the appointed day were held for the purpose of performance of the functions transferred by virtue of section 4, shall stand vested in the Minister for Arts, Heritage and the Gaeltacht without any assignment.

(3) Every chose-in-action vested in the Minister for Arts, Heritage and the Gaeltacht by virtue of subsection (2) may, on and from the appointed day, be sued on, recovered or enforced by the Minister for Arts, Heritage and the Gaeltacht in his or her name, and it shall not be necessary for the Minister for Arts, Heritage and the Gaeltacht to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

7. Transfer of rights and liabilities, and continuation of leases, licences and permissions

7. (1) All rights and liabilities arising by virtue of any contract or commitment (expressed or implied), entered into in the performance of the functions transferred by virtue of section 4 before the appointed day, shall on that day stand transferred to the Minister for Arts, Heritage and the Gaeltacht.

(2) Every right and liability transferred by virtue of subsection (1) to the Minister for Arts, Heritage and the Gaeltacht may, on and after the appointed day, be sued on, recovered or enforced by or against that Minister in his or her name, and it shall not be necessary for that Minister to give notice to a person whose right or liability is transferred by that subsection of such transfer.

(3) Every lease, licence, wayleave or permission granted in the performance of the functions transferred by virtue of section 4 and in force immediately before the appointed day, shall continue in force as if granted by the Minister for Arts, Heritage and the Gaeltacht.

8. Liability for loss occurring before appointed day

8. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the appointed day, of the functions transferred to the Minister for Arts, Heritage and the Gaeltacht by virtue of section 4 shall, on and after that day, lie against that Minister and not against another person.

(2) Any legal proceedings pending immediately before the appointed day that relate to a function transferred by virtue of section 4, shall be continued, with the substitution, as necessary, in the proceedings of the Minister for Arts, Heritage and the Gaeltacht, in so far as they so relate.

(3) Where, before the appointed day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable and relate to functions transferred by virtue of section 4, be enforceable against the Minister for Arts, Heritage and the Gaeltacht.

(4) Any claim made or proper to be made arising from the functions transferred by virtue of section 4 in respect of any loss or injury arising from the act or default of any person before the appointed day, where the claim relates to functions so transferred, shall be regarded as having been made by or proper to be made by the Minister for Arts, Heritage and the Gaeltacht and may be pursued and sued for by that Minister as if the loss or injury had been suffered by that Minister.

9. Provisions consequent upon transfer of functions, assets and liabilities

9. (1) Anything commenced and not completed before the appointed day in so far as it relates to a function transferred to the Minister for Arts, Heritage and the Gaeltacht by virtue of section 4, may be carried on or completed on or after the appointed day by the Minister for Arts, Heritage and the Gaeltacht.

(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in so far as it relates to a function transferred to the Minister for Arts, Heritage and the Gaeltacht by virtue of section 4, shall if and in so far as it was operative immediately before the appointed day, have effect on and after that day as if it had been granted or made by that Minister.

(3) References to any person in the memorandum or articles of association of any company and relating to a function transferred by virtue of section 4, shall, on and after the appointed day, be construed as references to the Minister for Arts, Heritage and the Gaeltacht.

(4) Any money, stocks, shares or securities transferred by virtue of section 6(2) that, immediately before the appointed day, were standing in the name of another person shall, on the request of the Minister for Arts, Heritage and the Gaeltacht, be transferred into his or her name.

(5) A certificate signed by the Minister for Public Expenditure and Reform that any property, right or liability has or, as the case may be, has not vested in the Minister for Arts, Heritage and the Gaeltacht under sections 6 or 7 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

Chapter 4

10. Amendment of section 3 of Act of 1932

10. Section 3 of the Act of 1932 is amended by the substitution of the following for subsection (1):

“(1) All expenses incurred by the Minister in the administration of this Act, to such extent as shall be sanctioned by the Minister for Public Expenditure and Reform, shall be paid out of moneys provided by the Oireachtas.”.

11. Amendment of section 11 of Act of 1932

11. Section 11 of the Act of 1932 is amended by the deletion of “, but such management and control and all other duties and powers imposed on or vested in the Commissioners in relation to the Park by this Part of this Act or otherwise shall be performed and exercised by the Commissioners, subject to and in accordance with the general directions of the Minister”.

12. Amendment of section 12 of Act of 1932

12. Section 12 of the Act of 1932 is amended by—

(a) in subsection (1), the deletion of “, subject to the sanction (either general or particular) of the Minister,”, and

(b) in subsection (2), the deletion of “, with the sanction (either general or particular) of the Minister,”.

13. Amendment of section 13 of Act of 1932

13. Section 13 of the Act of 1932 is amended by—

(a) in subsection (1), the deletion of “, with the approval of the Minister,”, and

(b) in subsection (3), the deletion of “, with the sanction of the Minister,”.

14. Amendment of section 14 of Act of 1932

14. Section 14 of the Act of 1932 is amended in subsection (1) by the deletion of “, subject to the approval of the Minister,”.

15. Amendment of section 21 of Act of 1932

15. Section 21 of the Act of 1932 is amended by—

(a) in subsection (1), the deletion of—

(i) “, with the sanction (either general or particular) of the Minister,” and

(ii) “, or for any other purposes whatsoever which shall be particularly sanctioned by the Minister”,

(b) in subsection (2), the deletion of—

(i) “, with the sanction (either general or particular) of the Minister,” in both places where it occurs, and

(ii) “, with the particular sanction of the Minister,”.

16. Repeal of section 20 of Act of 1932

16. Section 20 of the Act of 1932 is repealed.

PART 3 Amendment of Finance (Excise Duties) (Vehicles) Act 1952

17. Amendment of Finance (Excise Duties) (Vehicles) Act 1952

17. The Finance (Excise Duties) (Vehicles) Act 1952 is amended—

(a) in section 1, by inserting after subsection (3) the following:

“(3A) For the purposes of the description of any vehicle specified in Part I of the Schedule or in respect of any vehicle specified in subsection (4), the Minister may by regulations prescribe the following:

(a) the physical characteristics required of the vehicle;

(b) the dimensions or proportions of any fittings, fixtures or attachments to the vehicle—

(i) relating to the dimensions of such fittings, fixtures or attachments themselves, or

(ii) in relation to such dimensions relative to the height or width of the vehicle;

(c) the use or uses to which the vehicle may be put or limited;

(d) any documentation required to support a claim for a particular rate of duty.”,

and

(b) in Part I (as amended by section 4 of the Motor Vehicle (Duties and Licences) Act 2013) of the Schedule, in paragraph 4, by substituting for clause (e) the following:

“(e) a motor caravan, being a vehicle which is designed, constructed or adapted to provide temporary living accommodation which has a minimum interior height as may be prescribed and measured in such manner as may be prescribed and, in respect of which vehicle, such design, construction or adaptation incorporates the following permanently fixed equipment and fittings—

(i) a sink unit,

(ii) cooking equipment of not less than a hob with 2 rings or such other cooking equipment as may be prescribed,

(iii) fitted storage with a maximum dimension as may be prescribed in regulations by the Minister, and

(iv) any other equipment or fittings as may be prescribed in regulations by the Minister,

and where such equipment and fittings comprise a proportion of the interior area of the vehicle as may be prescribed in regulations by the Minister,”.

PART 4 Amendment of Air Pollution Act 1987

18. Amendment of section 7 of Act of 1987

18. Section 7 of the Act of 1987 is amended by—

(a) the insertion of the following definitions:

“‘Agency’ means the Environmental Protection Agency;

‘fuel activity’ has the meaning given to it by section 22A;

‘fuels register’ means the register established and maintained under section 22A;”,

and

(b) in the definition of “authorised person” by the insertion of “(other than in section 12B or 12C or Part IC)” after “means”.

19. Amendment of section 12 of Act of 1987

19. Section 12 of the Act of 1987 is amended by—

(a) the insertion of “(other than an offence referred to in subsection (1A))” after “under this Act”, and

(b) the insertion of the following subsection after subsection (1):

“(1A) A person guilty of a relevant offence, within the meaning of section 12A(6), shall be liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 6 months or both.”.

20. Amendment of section 12A of Act of 1987

20. Section 12A of the Act of 1987 is amended by—

(a) in subsection (1) —

(i) the deletion of “and is liable to summary prosecution in respect thereof”, and

(ii) the substitution of “in this section” for “in this Act”,

(b) in subsection (3), the deletion of “summary”,

(c) the substitution of the following subsection for subsection (4):

“(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

(a) €1,000, where the relevant offence consists of a contravention of regulation 5(1) of the Fuel Regulations,

(b) €500, where the relevant offence consists of a contravention of regulation 5(2)(a), 5(2)(b), 5(4)(b), or 7(1)(c) of the Fuel Regulations, or

(c) €250, where the relevant offence consists of a contravention of regulation 5(5) or 7(1)(d) of the Fuel Regulations.”,

and

(d) the substitution of the following subsection for subsection (6):

“(6) In this section—

‘Fuel Regulations’ means the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012);

‘relevant offence’ means an offence under section 11 consisting of a contravention of regulation 5(1), 5(2)(a), 5(2)(b), 5(4)(b), 5(5), 7(1)(c) or 7(1)(d) of the Fuel Regulations.”.

21. Fixed payment notice for certain offences relating to paints, varnishes and vehicle refinishing products or activities

21. F1[…].

22. Fixed payment notice for offence relating to organic solvents

22. F2[…]

23. Amendment of section 14 of Act of 1987

23. Section 14 of the Act of 1987 is amended by—

(a) in subsection (1) —

(i) the insertion of “or vehicle” after “any premises”, and

(ii) the substitution of “into the premises or vehicle” for “therein”,

(b) the insertion of the following subsections after subsection (1):

“(1A) An authorised person may, for any purpose connected with this Act, require a person in control of a stationary vehicle to refrain from moving it.

(1B) An authorised person may, if accompanied by—

(a) a member of the Garda Síochána in uniform, or

(b) an officer of the Revenue Commissioners in uniform authorised by them to exercise powers conferred by the Customs Acts or the statutes which relate to the duties of excise,

require the person who for the time being is in control of a vehicle to bring it to a stop for any purpose connected with this Act.

(1C) Where the purpose referred to at subsection (1A) or (1B) comprises an inspection or search of the vehicle and the place at which the member or officer finds the vehicle is, in the reasonable opinion of the member or officer, unsuitable for such inspection or search, the member or officer may require such person forthwith to take the vehicle or cause it to be taken to a place which the member or officer considers suitable for such inspection or search and which is specified by that member or officer.”,

(c) in subsection (4) —

(i) the insertion of “or vehicle” after “any premises”,

(ii) in paragraph (a), the insertion of “or searches” after “such inspections”, and

(iii) in paragraph (c), the insertion of “, or from the owner of or person who for the time being is in control of the vehicle,” after “on the premises”,

(d) in subsection (6), the insertion of “or vehicle” after “any premises”,

(e) in subsection (6A), the substitution of “the premises or vehicle” for “the place”, and

(f) the insertion of the following subsection after subsection (8):

“(9) In this section ‘vehicle’ means any conveyance in or by which any person or thing, or both, is or are, as the case may be, transported which is designed for use on land, in water or in the air, or in more than one of those ways, and includes—

(a) a part of a vehicle,

(b) an article designed as a vehicle but not capable of functioning as a vehicle,

(c) any container, trailer, tank or any other thing which is or may be used for the storage of goods in the course of carriage and is designed or constructed to be placed on, in, or attached to, any vehicle.”.

24. Part IA of Act of 1987

24. (1) The Act of 1987 is amended by the insertion of the following Part after Part I:

“PART IA

Fuels Register

Registration on fuels register

22A. (1) The Agency shall—