Air Pollution Acts The Air Pollution Act is a modern comprehensive scheme of legislation to deal with air pollution. It also gives effect to European Union air pollution rules and standards. The Minister for the Environment has the power to specify environmental standards and issue guidelines under the legislation. The Air Pollution Acts are primarily implemented by local authorities. The […]
Farming and environmental matters Much general environmental legislation has a direct impact on farming. This ranges from water pollution legislation and fisheries protection legislation to general legislation protecting and designating certain parts of the environment for protection. Fisheries legislation creates offences in relation to water pollution. Prosecutions may be made by An Garda Siochana or Inland Fisheries Ireland who replaced […]
Public Health Legislation The older public health legislation gives local authorities powers to deal with so-called statutory nuisances. These include nuisances injurious to health, accumulations, smoke and similar emissions. Local authorities are bound to inspect their area for nuisances. They may serve a notice requiring the nuisance to be abated on the owner and occupier of the premises. Local Authorities […]
Climate Change The United Nations Convention on Climate Change 1992 seeks to stabilise and reduce the concentration of greenhouse gases in the atmosphere. The Kyoto Protocol, in 1997, agreed to legally binding reductions in six greenhouse gases, carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, perfluorocarbons and hydrofluorocarbons. The EU has ratified a framework convention. States must reduce greenhouse gas emissions […]
Water Pollution Licences Water pollution may be permitted under a licence. Certain specified highly pollutant industries are covered by integrated pollution control licences issued by the Environmental Protection Agency (“EPA”). Most businesses outside the specified categories are licensed by the Local Authority. The procedures for applying for a water pollution licence are broadly similar to those which apply to planning […]
Water Framework The EU’s Water Framework Directive restated and updated measures at the EU level against water pollution. It seeks to protect water resources and promote their sustainable use. The Directive takes a high-level approach. It provides for planning on the basis of river basins so as to ensure integrated management of water resources, including water in rivers, canals and […]
Pollution Offences It is an offence to permit a pollutant to enter waters. There are several other offences in relation to the breach of water pollution and trade effluent licences. Breaches of licence conditions are offences. Where a company is guilty of an offence under water pollution legislation, its directors, managers or secretaries may be liable if the offence is […]
Various Applicable Laws There is no single law dealing with the control of noise. There are a number of distinct pieces of legislation which may be relevant in relation to the abatement of noise. Many of these are monitored and enforced by the local authority. There is a mechanism by which the local authority can serve a notice requiring the […]
Environmental Protection Agency The Environmental Protection Agency (“EPA”) is a national agency. It has responsibility for promoting high standards of environmental protection, promoting sustainable and economic use, sound development, applying the polluter pays principle and balancing development and environmental needs. The Agency has broad environmental functions, including licensing and control of particularly serious polluting activities (integrated pollution control licences); monitoring […]
Integrated Pollution Contol The Protection of the Environment Act 2003 introduced a wider concept of integrated pollution control, implementing updating EU Directives. The IPC licence seeks to control all emissions to air, water, and land, and also noise emissions, in an integrated manner. It also provides for energy usage, minimising waste and measures for site protection. It is wider in […]