Establishment of the Agency The Environmental Protection Agency (EPA) was established in 1992 in order to provide a single national expert monitoring, licensing and enforcement agency for environmental matters. The Agency provides a single point of licensing for major industrial projects, thereby avoiding the requirement for multiple authorisations. It is also the body which enforces […]
Non-Appeal Functions The Board has a role in relation to certain matters, other than appeals, under planning legislation. These functions differ from a planning appeal. Since 2001, the Board has had a significant new role in relation to compulsory acquisition matters. In particular, it confirms the making of a compulsory acquisition order in most cases. […]
Local Authorities The local authority is the planning authority for the county. Unless exempted, all work and change of use of land require planning permission. Works cover most physical changes to land. There are significant exemptions for agriculture use and work. Under the Local Government (Water Pollution) Acts 1977 and 1990 and the Water Services […]
General The rules and applications that apply in relation to environmental management vary significantly in their nature. Common law rules and liability for nuisance negligence and trespass give rise, at most, to a right of damages (compensation) for persons such as adjoining owners who actually suffer quantifiable economic loss. In some cases, injunctions are available […]
Information about the Environment The Aarhus Convention, European Union rules implementing it supports the enforcement of environmental rules and standards by members of the public. It applies to information held by public authorities. This includes government departments but also local authorities and bodies which have any public function in relation to the environment. Environmental information […]
Costs Borne by Respondent The Aarhus Convention is a Convention in relation to access to in information, public participation in decision-making and access to justice in environmental matters. Judges are to take note of and apply the terms of the Convention. The Convention, to which Ireland is a party, requires access to court in certain […]
Environmental Damage The environmental liability directive requires EU states to establish liability for environmental damage to land, water, protected species or natural habitats. Land damage includes any contamination that may create a significant risk of human health being adversely affected as a result of the direct or indirect introduction into the land of substances, preparations, […]
EIA Requirements This section deals with the implementation of the EU Environmental Impact Assessment (EIA) requirements in Irish planning law. EIAs are also required in relation to a wide range of other statutory consent applications. The Planning and Development legislation and regulations prescribe the classes of activities and thresholds for which EIA is required or […]
Overview Environmental liability refers to legal liability and/or clean-up obligations in respect of existing or historical pollution or contamination. A comprehensive system of liability for contamination was introduced in England and Wales in 1995. This legislation allocated responsibilities for clean-up and provided for procedures by which parties could be made liable. European Community legislation has […]
Environmental Impact Assessment Threshold development is development of the type set out in the schedule to the Planning and Development Act as requiring an environmental impact assessment if it exceeds the quantity, conditions, areas and limits applicable to that class of development. Where an environmental impact statement is not included and the planning authority is […]