IPC Licence Issues
Environmental Protection Agency Act
Interpretation.
F1[3.—(1) In this Act, except where the context otherwise requires—
“activity” means any process, development or operation specified in the First Schedule and carried out in an installation;
“the Act of 1996” means the Waste Management Act 1996;
“the Act of 2000” means the Planning and Development Act 2000;
“the Agency” shall be construed in accordance with section 19(1);
“atmosphere” means the gaseous envelope surrounding the earth, and includes air;
“authorised person” means a person who is appointed in writing by the Minister, a local authority, the Agency or such other person as may be prescribed to be an authorised person for the purposes of this Act or any Part or section thereof;
F2[“BAT conclusions” means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;
“BAT reference document” in relation to an industrial emissions directive activity, means a document drawn up by the Commission of the European Union in accordance with Article 13 of the Industrial Emissions Directive, resulting from the exchange of information in accordance with that Article of that Directive and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, particular consideration having been given to the same matters as are specified in subparagraphs (i) to (xii) of section 5(3)(b);]
“development” has the meaning assigned to it by section 3 of the Act of 2000;
“the Directive” shall be construed in accordance with section 3A(1);
“disposal”, in relation to waste, has the meaning assigned to it by the Act of 1996;
F3[“EIA Directive” means Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20113 on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144;]
F2[“emerging technique” means a novel technique for an industrial emissions directive activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques;]
“emission” means, in relation to an activity referred to in F4[Part IV, IVA, IVB or IVC], any direct or indirect release of substances, heat or noise from individual or diffuse sources in the activity into the atmosphere, water or land, and includes—
(a) an emission into the atmosphere of a pollutant within the meaning of the Air Pollution Act 1987,
(b) the release of a greenhouse gas or a precursor of a greenhouse gas into the atmosphere,
(c) a discharge of polluting matter, sewage effluent or trade effluent within the meaning of the Local Government (Water Pollution) Act 1977, to waters or sewers within the meaning of that Act, or
(d) waste,
but does not include a radioactive substance within the meaning of Council Directive 96/29/Euratom1, a genetically modified micro-organism within the meaning of Council Directive 90/219/EEC2 or a genetically modified organism within the meaning of Directive 2001/18/EC of the European Parliament and of the Council3;
F2[“emission levels associated with the best available techniques” means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;]
“emission limit value” means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time;
“employee of the Agency” does not include the Director General or other Director of the Agency;
“enactment” includes any instrument made under an enactment;
F5[“environmental impact assessment” shall be construed in accordance with section 83(2A);]
F3[“environmental impact assessment report” shall be construed in accordance with section 83(2A)(dd);]
F6[…]
F7[“environmental impact statement” means a statement of the direct and indirect effects that a proposed activity will have or is likely to have on the environment and shall include the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment;]
“environmental protection”, “environmental pollution”, “environmental medium” and “environmental quality standard” have the meanings respectively assigned to them by section 4;
“established activity” means—
(a) an activity which on 29 October 1999, or such other date as may be prescribed in relation to the activity, was being carried on and did not involve or have an association with unauthorised development within the meaning of the Act of 2000, or
(b) an activity—
(I) in respect of which permission under section 34 of the Act of 2000 had been granted, or an application for such permission had been made, before 30 October 1999, or such other date as may be prescribed in relation to the activity, and
(ii) which on 29 October 2000, or such other date as may be prescribed in relation to the activity—
(I) was being carried on, and
(II) did not involve or have an association with unauthorised development within the meaning of the Act of 2000;
“functions” includes powers and duties;
“greenhouse gas” means—
(a) carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, any hydrofluorocarbon or any perfluorocarbon, and
(b) such other gases as may be prescribed,
in so far as the emission of any such gas contributes to global climate change;
F2[“groundwater” has the meaning assigned to it by Regulation 3 of the European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010);
“hazardous substances” means substances or mixtures as defined in Article 3 of Regulation (EC) No. 1272/20081 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures;
“hazardous waste” means waste that displays one or more of the properties which render it hazardous specified in the Second Schedule (amended by Regulation 24 of the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011)) to the Act of 1996;
“industrial emissions directive activity” means a process, development or operation specified in paragraph 1.1.1, 2.1, 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 4.2.1, 4.3, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.1, 6.2, 7.2.1, 7.4.1, 7.7.1, 7.8, 8.1, 8.2, 8.3, 8.5.1, 8.6.1, 8.7, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 10.2, 10.3, 10.4, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an industrial emissions directive activity), 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 12.2.1, 12.3, 13.4.1, 13.5 or 13.6 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation and an activity shall not be taken to be an industrial emissions directive activity if it is carried out at an installation solely used for research, development or testing of new products and processes;
“Industrial Emissions Directive” means Directive 2010/75/EU2 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);]
“installation” means a stationary technical unit or plant where the activity concerned referred to in the First Schedule is or will be carried on, and shall be deemed to include any directly associated activity, whether licensable under this Part or not, which has a technical connection with the first-mentioned activity and is carried out on the site of that activity;
F2[“integrated pollution control activity” means a process, development or operation specified in paragraph 1.1.2, 1.2, 1.3, 1.4, 3.1.2, 3.2.2, 3.3.2, 3.4.2, 3.5, 3.6.2, 3.7, 3.8, 3.9, 4.1, 4.2.2, 4.4, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 7.1, 7.2.2, 7.3.1, 7.3.2, 7.3.3, 7.4.2, 7.5, 7.6, 7.7.2, 8.4, 8.5.2, 8.6.2, F8[8.8,] 9.1, 9.2, 9.3.2, 9.4.4, 10.1, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an integrated pollution control activity), 12.1, 12.2.2, 13.1, 13.2, 13.3 or 13.4.2 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation;]
F9[“ionising radiation” has the same meaning as it has in the Radiological Protection Act 1991;]
“land” includes soil;
“local authority” means—
(a) in the case of a city, the city council, and
(b) in the case of a county, the county council,
and references to the functional area of a local authority shall be construed accordingly;
“the Minister” means the Minister for the Environment, Heritage and Local Government;
“monitoring” includes the inspection, measurement, sampling or analysis for the purposes of this Act of any emission, or of any environmental medium in any locality, whether periodically or continuously;
“noise” includes vibration;
“occupier”, in relation to any installation or premises, includes the owner, a lessee, any person entitled to occupy the installation or premises and any other person having, for the time being, control of the installation or premises;
“person in charge” includes an occupier of an installation or premises or a manager, supervisor or operator of an activity;
“planning authority” has the meaning assigned to it by the Act of 2000;
“plant” includes any equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used for the purposes of, or incidental to, any activity specified in the First Schedule;
“premises” includes any messuage, building, vessel, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage;
“prescribed” means prescribed by regulations by the Minister under this Act;
“previous Part IV” shall be construed in accordance with section 82(1);
“public authority” means—
(a) a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a local authority for the purposes of the Local Government Act 2001,
(d) a harbour authority within the meaning of the Harbours Act 1946,
(e) a health board,
(ii) the Eastern Regional Health Authority, or
(iii) an Area Health Board established under the Health (Eastern Regional Health Authority) Act 1999,
(f) a board or other body (but not including a company under the Companies Act 1963 to 2001) established by or under statute,
(g) a company under the Companies Acts 1963 to 2001, in which all the shares are held—
(i) by or on behalf of a Minister of the Government,
(ii) by directors appointed by a Minister of the Government, or
(iii) by a board or other body referred to in paragraph (f) or by a company to which subparagraph (i) or (ii) applies,
(h) such other body as may be prescribed for the purposes of any provisions of this Act;
“public place” includes any place to which the public have access, whether by right or by permission, or whether subject to, or free of charge;
F10[“radioactive substance” has the same meaning as it has in the Radiological Protection Act 1991;]
F9[“radiological protection” means the prevention, limitation, elimination, abatement or reduction of the harmful effects of ionising radiation;]
“recovery”, in relation to waste, has the meaning assigned to it by the Act of 1996;
“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 2001;
“soil” means the top layer of the land surface of the earth that is composed of disintegrated rock particles, humus, water and air;
“statutory undertaker” has the meaning assigned to it by the Act of 2000;
“vessel” means a waterborne craft of any type, whether self propelled or not, and includes an air cushion craft and any structure in or on water;
F11[“waste” means any substance or object which the holder discards or intends or is required to discard;]
“waste management plan” means a waste management plan or a hazardous waste management plan within the meaning of the Act of 1996 that is for the time being in force;
“waters” has the meaning assigned to it by the Local Government (Water Pollution) Act 1977;
“works”, in relation to sections 106 and 107, has the meaning assigned to it by the Act of 2000.
(2) In this Act a reference to—
(a) the date on which a licence or revised licence is granted is a reference to the date on which the licence or revised licence is sealed with the seal of the Agency, and
(b) the date on which a decision by the Agency to refuse a licence or a revised licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed.
F12[(2A) Subject to this Act, a word or expression that is used in this Act and that is also used in F13[EIA Directive] has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]
F14[(2B) Subject to this Act, a word or expression that is used in this Act in so far as it relates to an industrial emissions directive activity and that is also used in the Industrial Emissions Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.]
(3) In this Act a reference to a section, Part or Schedule, is a reference to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.
(4) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(5) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under this or any subsequent enactment.
(6) The activities to which this Act applies include activities operated by or in the charge of the State.]
Annotations
Amendments:
F1
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 5, S.I. No. 393 of 2004.
F2
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(a).
F3
Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 3(a)(i), (iii).
F4
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(b).
F5
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 3(a), in effect as per reg. 1(2), with application as per reg. 9.
F6
Deleted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 3(a)(ii).
F7
Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 3(b), in effect as per reg. 1(2), with application as per reg. 9.
F8
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 27, S.I. No. 358 of 2015.
F9
Inserted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 19, S.I. No. 354 of 2014.
F10
Inserted (30.07.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 46, S.I. No. 354 of 2014.
F11
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(a).
F12
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 3(c), in effect as per reg. 1(2), with application as per reg. 9.
F13
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 3(b).
F14
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 4(c).
Modifications (not altering text):
C7
Reference to Minister construed as Minister for Housing, Local Government and Heritage (30.09.2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 1(2).
2. The name of the Department of State, the present name of which is, in the Irish language, an Roinn Tithíochta, Pleanála agus Rialtais Áitiúil and, in the English language, the Department of Housing, Planning and Local Government, is altered, in the Irish language, to that of an Roinn Tithíochta, Rialtais Áitiúil agus Oidhreachta and, in the English language, to that of the Department of Housing, Local Government and Heritage.
3. The title of the Minister having charge of the Department of State, whose present title is, in the Irish language, an tAire Tithíochta, Pleanála agus Rialtais Áitiúil and, in the English language, the Minister for Housing, Planning and Local Government, is altered, in the Irish language to that of an tAire Tithíochta, Rialtais Áitiúil agus Oidhreachta and, in the English language, to that of the Minister for Housing, Local Government and Heritage.
4. In any enactment or any instrument made under an enactment –
(a) references to the Department of Housing, Planning and Local Government shall be construed as references to the Department of Housing, Local Government and Heritage;
(b) references to the Minister for Housing, Planning and Local Government shall be construed as references to the Minister for Housing, Local Government and Heritage.
C8
Minister for Environment, Community and Local Government construed as Minister for Communications, Energy and Natural Resources (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in art. 4-8. Note change of name of Department and title of Minister to Communications, Climate Action and Environment (23.07.2016) by S.I. No. 421 of 2016 and to Environment, Climate and Communications (24.09.2020) by S.I. No. 373 of 2020.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.
(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.
F19[
Industrial Emissions Directive.
3C. (1) The amendments of this Act effected by the European Union (Industrial Emissions) Regulations 2013 are made for the purpose of giving effect to the Industrial Emissions Directive.
(2) The Agency shall be the competent authority for the purposes of the Industrial Emissions Directive.
(3) As competent authority for the purposes of the Industrial Emissions Directive, the Agency shall, amongst other things—
(a) keep itself informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information publicly available,
(b) maintain such data and information, provide for the supply of data to the Commission of the European Union and undertake such reporting as may be necessary for the proper implementation of relevant Union acts (including compliance with the requirements of Article 72(1) of the Industrial Emissions Directive), and
(c) when requested to do so by the Minister, participate in the Committee to assist the Commission of the European Union on the basis provided for in Article 75 of the Industrial Emissions Directive.]
Annotations
Amendments:
F19
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 6.
F20[
Environmental protection, environmental pollution and environmental medium and environmental quality standard.
4.—(1) In this Act “environmental protection” includes—
(a) the prevention, limitation, elimination, abatement or reduction of environmental pollution, and
(b) the preservation of the quality of the environment as a whole.
(2) In this Act “environmental pollution” means the direct or indirect introduction to an environmental medium, as a result of human activity, of substances, heat or noise which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment, and includes—
(a) “air pollution” for the purposes of the Air Pollution Act 1987,
(b) the condition of waters after the entry of polluting matter within the meaning of the Local Government (Water Pollution) Act 1977,
(c) in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would, to a significant extent, endanger human health or harm the environment and, in particular—
(i) create a risk to the atmosphere, waters, land, plants or animals,
(ii) create a nuisance through noise, odours or litter, or
(iii) adversely affect the countryside or places of special interest,
(d) noise which is a nuisance, or would endanger human health or damage property or harm the environment.
(3) In this Act “environmental medium” includes the atmosphere, waters and land.
(4) In this Act “environmental quality standard” means the set of requirements which must be fulfilled at a given time by a given environment or environmental medium or any part thereof, as specified in any enactment or enactments, or in any act or acts adopted by an institution of the European Communities.]
Annotations
Amendments:
F20
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 6, S.I. No. 393 of 2004.
F21[
Best available techniques.
5.—(1) A reference in this Act to best available techniques shall be construed as a reference to the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle, F22[the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, designed to prevent] or eliminate or, where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.
(2) In subsection (1)—
(a) “best”, in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;
(b) “available techniques” means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the First Schedule, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;
(c) “techniques” includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.
(3) (a) For the purposes of subsection (1), the Agency—
(i) may from time to time as occasion requires, and
(ii) shall in accordance with any regulations made by the Minister,
specify best available techniques to provide, in principle, F23[the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, for an activity] or activities of a particular class or description, and regard shall be had in the administration of this Act to any such specifications. The Agency, in preparing any such specification, may, by publication of a notice in such manner as it thinks appropriate, invite submissions or observations to be made to it in relation to the terms of the proposed specification.
(b) In specifying best available techniques in accordance with paragraph (a) or otherwise determining best available techniques for the purposes of this Act, the Agency shall, having regard to the likely costs and advantages of measures and to the principles of precaution and prevention, consider in particular—
(i) the use of low-waste technology,
(ii) the use of less hazardous substances,
(iii) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate,
(iv) comparable processes, facilities or methods of operation, which have been tried with success on an industrial scale,
(v) technological advances and changes in scientific knowledge and understanding,
(vi) the nature, effects and volume of the emissions concerned,
(vii) the commissioning dates for new or existing activities,
(viii) the length of time needed to introduce the best available techniques,
(ix) the consumption and nature of raw materials (including water) used in the process and their energy efficiency,
(x) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it,
(xi) the need to prevent accidents and to minimise the consequences for the environment, and
(xii) the information published by the Commission of the European Communities pursuant to any exchange of information between Member States and the industries concerned on best available techniques, associated monitoring, and developments in them, or by international organisations,
and such other matters as may be prescribed.
(4) Whenever the Agency prepares a specification under subsection (3), it shall, as soon as may be, cause—
(a) a copy of such specification to be sent to the Minister, each local authority, An Bord Pleanála and such other bodies, if any, as may be prescribed,
(b) notice of the preparation of the specification to be published in Iris Oifigiúil,
(c) notice of the preparation of the specification to be given to every person who made to the Agency submissions or observations concerning the specification in response to an invitation of the Agency made under subsection (3)(a), and
(d) a copy of the specification to be made available to every person who makes application for such a copy on payment of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making such a copy.]
Annotations
Amendments:
F21
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 7, S.I. No. 393 of 2004.
F22
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 7(a), commenced on enactment.
F23
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 7(b), commenced on enactment.
Regulations.
6.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.
(2) Regulations made under this Act may make different provisions in relation to different areas, different circumstances and different classes of cases.
(3) Every regulation made under this Act F24[(other than regulations made under section 99)] shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
F25[(4) Where it is proposed to make regulations under section 99, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.]
Annotations
Amendments:
F24
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 8(a), S.I. No. 393 of 2004.
F25
Inserted (12.07.2004) by Protection of the Environment Act 2003(27/2003), s. 8(b), S.I. No. 393 of 2004.
Modifications (not altering text):
C10
Application of section restricted (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(c), in effect as per reg. 1(2).
Scope
4. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise.
(2) Notwithstanding— …
(c) sections 6 and 89 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) (as amended by the Protection of the Environment Act 2003 (No. 27 of 2003)) and any regulations made thereunder,
environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.
Editorial Notes:
E76
Power pursuant to section exercised (31.10. 2022) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022 (S.I. No. 539 of 2022), in effect as per reg. 1(2).
E77
Power pursuant to section exercised (25.08.2022) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2022 (S.I. No. 423 of 2022), in effect as per reg. 2.
E78
Power pursuant to section exercised (25.08.2022) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2022 (S.I. No. 422 of 2022), in effect as per reg. 2.
E79
Power pursuant to section exercised (2.06.2021) by Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations 2021 (S.I. No. 278 of 2021).
E80
Power pursuant to section exercised (27.05.2020) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020 (S.I. No. 190 of 2020).
E81
Power pursuant to section exercised (27.05.2020) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2020 (S.I. No. 189 of 2020).
E82
Power pursuant to section exercised (7.10.2019) by Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations 2019 (S.I. No. 506 of 2019).
E83
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2(1).
E84
Power pursuant to section exercised (17.11.2016) by Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016), in effect as per reg. 2.
E85
Power pursuant to section exercised (16.12.2015) by Environmental Protection Agency (Advisory Committee) Regulations 2015 (S.I. No. 613 of 2015).
E86
Power pursuant to section exercised (1.12.2014) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2014 (S.I. No. 553 of 2014).
E87
Power pursuant to section exercised (24.07.2013) by Environmental Protection Agency (Licensing Fees) Regulations 2013 (S.I. No. 284 of 2013).
E88
Power pursuant to section exercised (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013).
E89
Power pursuant to section exercised (23.04.2013) by Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. No. 137 of 2013).
E90
Power pursuant to section exercised (10.12.2012) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) (Amendment) Regulations 2012 (S.I. No. 502 of 2012).
E91
Power pursuant to section exercised (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), in effect as per reg. 2.
E92
Power pursuant to section exercised (13.12.2011) by Pollutant Release and Transfer Register Regulations 2011 (S.I. No. 649 of 2011).
E93
Power pursuant to section exercised (7.09.2011) by Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465 of 2011).
E94
Power pursuant to section exercised (1.09.2010) by Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2010 (S.I. No. 442 of 2010).
E95
Power pursuant to section exercised (4.06.2010) by European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010 (S.I. No. 261 of 2010).
E96
Power pursuant to section exercised (31.12.2009) by Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 (S.I. No. 566 of 2009), in effect as per reg. 1.
E97
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E98
Power pursuant to section exercised (1.06.2006) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2006 (S.I. No. 278 of 2006), in effect as per reg. 2.
E99
Power pursuant to section exercised (15.07.2004) by Urban Waste Water Treatment (Amendment) Regulations 2004 (S.I. No. 440 of 2004).
E100
Power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 2004 (S.I. No. 410 of 2004), in effect as per reg. 2.
E101
Power pursuant to section exercised (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004).
E102
Power pursuant to section exercised (12.02.2004) by Genetically Modified Organisms (Transboundary Movement) Regulations 2004 (S.I. No. 54 of 2004), in effect as per reg. 2.
E103
Power pursuant to section exercised (1.11.2003) by Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003), in effect as per reg. 2.
E104
Power pursuant to section exercised (14.06.2001) by Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001).
E105
Power pursuant to section exercised (15.03.2001) by Genetically Modified Organisms (Contained Use) Regulations 2001 (S.I. No. 73 of 2001), in effect as per reg. 2.
E106
Power pursuant to section exercised (1.10.1997) by Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations 1997 (S.I. No. 374 of 1997), in effect as per reg. 2.
E107
Power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1996 (S.I. No. 239 of 1996), in effect as per reg. 2.
E108
Power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1995 (S.I. No. 60 of 1995), in effect as per reg. 2.
E109
Power pursuant to section exercised (18.07.1994) by Environmental Protection Agency Act 1992 (Declaration of Interests) Regulations 1994 (S.I. No. 205 of 1994), in effect as per reg. 2.
E110
Power pursuant to section exercised (1.07.1994) by Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (S.I. No. 179 of 1994), in effect as per reg. 2.
E111
Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994), in effect as per reg. 2.
E112
Previous affecting provision: power pursuant to section exercised (15.11.2012) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 (S.I. No. 454 of 2012); revoked (31.10.2022) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) (Revocation) Regulations 2022 (S.I. No. 539 of 2022), reg. 2, in effect as per reg. 1(2).
E113
Previous affecting provision: power pursuant to section exercised (17.10.2012) by Environmental Protection Agency (Advisory Committee) Regulations 2012 (S.I. No. 405 of 2012); revoked (16.12.2015) by Environmental Protection Agency (Advisory Committee) Regulations 2015 (S.I. No. 613 of 2015), reg. 9.
E114
Previous affecting provision: power pursuant to section exercised (20.06.2011) by Environmental Protection Agency Act (Fluorinated Greenhouse Gas) Regulations 2011 (S.I. No. 278 of 2011), in effect as per reg. 2; revoked (28.12.2016) by European Union (Fluorinated Greenhouse Gas) Regulations 2016 (S.I. No. 658 of 2016), reg. 15(1), in effect as per reg. 1(2).
E115
Previous affecting provision: power pursuant to section exercised (7.06.2011) by Environmental Protection Agency Act 1992 (Registration of Coal Bagging Operators and Fuel Suppliers) Regulations 2011 (S.I. No. 271 of 2011), in effect as per reg. 2; revoked (15.11.2012) by Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 (S.I. No. 454 of 2012), reg. 4.
E116
Previous affecting provision: power pursuant to section exercised (26.03.2011) by European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2011 (S.I. No. 127 of 2011); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(e), in effect as per reg. 2.
E117
Previous affecting provision: power pursuant to section exercised (13.07.2010) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2010 (S.I. No. 351 of 2010), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in subs. (2).
E118
Previous affecting provision: power pursuant to section exercised (31.05.2010) by Persistent Organic Pollutants Regulations 2010 (S.I. No. 235 of 2010), in effect as per reg. 2; revoked (21.04.2020) by European Union (Persistent Organic Pollutants) Regulations 2020 (S.I. No. 146 of 2020), reg. 14(1).
E119
Previous affecting provision: power pursuant to section exercised (22.04.2010) by European Communities (Greenhouse Gas Emissions Trading) (Amendment) Regulations 2010 (S.I. No. 161 of 2010); revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 240 of 2012), reg. 38(d), in effect as per reg. 2(1).
E120
Previous affecting provision: power pursuant to section exercised (19.04.2010) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.
E121
Previous affecting provision: power pursuant to section exercised (10.06.2009) by Environmental Protection Agency (Advisory Committee) Regulations 2009 (S.I. No. 218 of 2009); revoked (17.10.2012) by Environmental Protection Agency (Advisory Committee) Regulations 2012 (S.I. No. 405 of 2012), reg. 9.
E122
Previous affecting provision: power pursuant to section exercised (23.09.2008) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2008 (S.I. No. 382 of 2008), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in subs. (2).
E123
Previous affecting provision: power pursuant to section exercised (1.06.2006) by Control of Substances that Deplete the Ozone Layer Regulations 2006 (S.I. No. 281 of 2006), in effect as per reg. 2; revoked (7.09.2011) by Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465 of 2011), reg. 14.
E124
Previous affecting provision: power pursuant to section exercised (15.05.2006) by Kyoto Protocol Flexible Mechanisms Regulations 2006 (S.I. No. 244 of 2006), in effect as per reg. 2; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(c), in effect as per reg. 2.
E125
Previous affecting provision: power pursuant to section exercised (3.04.2006) by Environmental Noise Regulations 2006 (S.I. No. 140 of 2006), in effect as per reg. 2; revoked (31.12.2018) by European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018), reg. 15, in effect as per reg. 1(2).
E126
Previous affecting provision: power pursuant to section exercised (13.12.2004) by Environmental Protection Agency (Advisory Committee) Regulations 2004 (S.I. No. 816 of 2004); revoked (10.06.2009) by Environmental Protection Agency (Advisory Committee) Regulations 2009 (S.I. No. 218 of 2009), reg. 9.
E127
Previous affecting provision: power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in subs. (2).
E128
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), in effect as per reg. 2.
E129
Previous affecting provision: power pursuant to section exercised (27.11.2003) by Large Combustion Plants Regulations 2003 (S.I. No. 644 of 2003), in effect as per reg. 1(2); revoked (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(a), in effect as per reg. 2.
E130
Previous affecting provision: power pursuant to section exercised (6.03.2003) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2003 (S.I. No. 91 of 2003); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.
E131
Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.
E132
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
E133
Previous affecting provision: power pursuant to section exercised (24.01.2002) by Environmental Protection Agency (Selection Procedures) (Amendment) Regulations 2002 (S.I. No. 15 of 2002); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.
E134
Previous affecting provision: power pursuant to section exercised (15.02.2000) by Environmental Protection Agency (Advisory Committee) Regulations 2000 (S.I. No. 48 of 2000); revoked (13.12.2004) by Environmental Protection Agency (Advisory Committee) Regulations 2004 (S.I. No. 816 of 2004), reg. 9.
E135
Previous affecting provision: power pursuant to section exercised (7.07.1999) by Environmental Protection Agency Act 1992 (Urban Waste Water Treatment) (Amendment) Regulations 1999 (S.I. No. 208 of 1999); revoked (14.06.2001) by Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001), reg. 11.
E136
Previous affecting provision: power pursuant to section exercised (15.02.1999) by Environmental Protection Agency Act 1992 (Ambient Air Quality Assessment and Management) Regulations 1999 (S.I. No. 33 of 1999), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(1), in effect as per reg. 2.
E137
Previous affecting provision: power pursuant to section exercised (12.02.1999) by Protection of Groundwater Regulations 1999 (S.I. No. 41 of 1999); revoked (22.12.2003) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 47, in effect as per reg. 47.
E138
Previous affecting provision: requirement for information on the environment held by public authorities to be made available provided (1.05.1998) by European Communities Act, 1972 (Access To Information on The Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), in effect as per reg. 2; revoked (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 2(2), in effect as per reg. 1(2).
E139
Previous affecting provision: power pursuant to section exercised (30.07.1997) by Genetically Modified Organisms (Amendment) Regulations 1997 (S.I. No. 332 of 1997), in effect as per reg. 2; rendered obsolete by revocation of Genetically Modified Organisms Regulations 1994 (S.I. No. 345 of 1994) (1.11.2003) by Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003), reg. 69, in effect as per reg. 2, subject to transitional provisions in reg. 11.
E140
Previous affecting provision: power pursuant to section exercised (1.04.1997) by Environmental Protection Agency Act, 1992 (Ozone) Regulations 1997 (S.I. No. 132 of 1997), in effect as per reg. 2; revoked (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), reg. 13, in effect as per reg. 2.
E141
Previous affecting provision: power pursuant to section exercised (2.12.1996) by Genetically Modified Organisms (Amendment) Regulations 1996 (S.I. No. 348 of 1996), in effect as per reg. 2; revoked (15.03.2001) by Genetically Modified Organisms (Contained Use) Regulations 2001 (S.I. No. 73 of 2001), reg. 58(2), in effect as per reg. 2.
E142
Previous affecting provision: power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1996 (S.I. No. 79 of 1996), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.
E143
Previous affecting provision: power pursuant to section exercised (2.08.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E144
Previous affecting provision: power pursuant to section exercised (31.07.1996) by Environmental Protection Agency (Advisory Committee) Regulations 1996 (S.I. No. 229 of 1996); revoked (15.02.2000) by Environmental Protection Agency (Advisory Committee) Regulations 2000 (S.I. No. 48 of 2000), reg. 9.
E145
Previous affecting provision: power pursuant to section exercised (22.07.1996) by Access to Information on the Environment Regulations 1996 (S.I. No. 185 of 1996), in effect as per reg. 2; revoked (1.05.1998) by European Communities Act, 1972 (Access To Information on The Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 3(1), in effect as per reg. 2, subject to transitional provision in reg. 3(2).
E146
Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in subs. (2).
E147
Previous affecting provision: power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1995 (S.I. No. 59 of 1995), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.
E148
Previous affecting provision: power pursuant to section exercised (1.01.1995) by Genetically Modified Organisms Regulations 1994 (S.I. No. 345 of 1994), in effect as per reg. 2; revoked (1.11.2003) by Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003), reg. 69, in effect as per reg. 2, subject to transitional provision in reg. 11.
E149
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provisions in reg. 42(2).
E150
Previous affecting provision: power pursuant to section exercised (20.05.1993) by Access To Information on The Environment Regulations 1993 (S.I. No. 133 of 1993); revoked (22.07.1996) by Access To Information on The Environment Regulations 1996 (S.I. No. 185 of 1996), reg. 3(1), in effect as per reg. 2, subject to transitional provisions in reg. 3(2).
E151
Previous affecting provision: power pursuant to section exercised (17.02.1993) by Environmental Protection Agency (Advisory Committee) Regulations 1993 (S.I. No. 43 of 1993); revoked (31.07.1996) by Environmental Protection Agency (Advisory Committee) Regulations 1996 (S.I. No. 229 of 1996), reg. 9.
E152
Previous affecting provision: power pursuant to section exercised (29.07.1992) by Environmental Protection Agency (Selection Procedures) Regulations 1992 (S.I. No. 215 of 1992); revoked (31.03.2004) by Environmental Protection Agency (Selection Procedures) Regulations 2004 (S.I. No. 127 of 2004), reg. 2.
PART IV
F85[
Integrated Pollution Prevention and Control]
Annotations:
Amendments:
F85
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Modifications (not altering text):
C25
Minimum licensing requirements for licensing installations under prescribed (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 4(3), in effect as per reg. 2.
Scope
4. (1) These Regulations apply to installations using organic solvents where the activity is listed in Schedule 1 and is operated within or above the specified solvent consumption thresholds set out in column 3 of Schedule 2.
(2) These Regulations do not apply to installations using organic solvents that are licensed by the Agency under Part IV of the Environmental Protection Agency Act 1992 (No. 7 of 1992).
(3) Notwithstanding paragraph 2, when licencing installations using organic solvents that are operated within or above the specified solvent consumption thresholds set out in column 3 of Schedule 2, under Part IV of the Environmental Protection Agency Act 1992 the Agency shall apply, as appropriate, licensing requirements that are at least equivalent to the requirements of Chapter V and Annex VII of the Directive.
C26
Provision for licence under section to be continued in certain circumstances made (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(3), commenced on enactment.
Relationship between Act of 1996 and Environmental Protection Agency Act, 1992, with regard to certain activities.
13. …
(3) Where, immediately before the passing of this Act, a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 (“the Act of 1992”) is in force in respect of an activity, being an activity which, immediately before that passing—
(a) fell within paragraph 11.1, 11.2, 11.3 or 11.4 of the First Schedule to the Act of 1992, and
(b) was not connected or associated with another activity specified in any other paragraph of that Schedule,
then, notwithstanding subsections (1) and (2) of this section but subject to subsection (4) thereof—
(i) that licence or revised licence shall continue in force and the provisions of the Act of 1992 (apart from the amendment of them effected by the said subsection (1)) shall continue to apply in relation to it, and
(ii) section 39(1) of the Act of 1996 shall not apply in relation to that activity,
for such period as the Environmental Protection Agency may determine and specifies in writing.
(4) The period determined under subsection (3) of this section shall not, other than with the consent of the holder of the licence concerned, be less than 3 years from the passing of this Act.
C27
Alternative licenses provided for related activities and application of Part restricted by Waste Management Act 1996 (10/1996), s. 39A as inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 34, S.I. No. 498 of 2003).
[Licensing under this Part and Part IV of Act of 1992.
39A.— (1) The purpose of this section is to provide that, in relation to activities which are related to one another in the manner mentioned in this section, a single licence under either this Part or Part IV of the Act of 1992, but not a licence under both those Parts, will be required for the carrying on of those activities and that this Part or that Part IV applies, accordingly, to those activities.
(2) This section has effect in relation to the following activities, namely—
(a) the recovery or disposal of waste (‘the first activity’), and
(b) an activity specified in the First Schedule to the Act of 1992 (‘the second activity’),
where the first activity is carried on in a facility connected or associated with the second activity.
…
(4) If the Agency is of the opinion that the carrying on of the first activity will be subsidiary to the carrying on of the second activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of the Act of 1992—
(a) the first activity (irrespective of whether it would otherwise be so regarded) shall be regarded as an activity falling within section 82 of the Act of 1992 and, accordingly—
(i) the carrying on of it and of the second activity, shall require, and may be the subject of the grant of, a licence under Part IV of that Act, and
(ii) the provisions of that Part shall otherwise apply in relation to any such activity, and
(b) neither the carrying on of the second activity, if it would otherwise be regarded, nor of the first activity shall be regarded as requiring the grant of a waste licence under section 39(1).
…]
Editorial Notes:
E245
Previous affecting provision: considerations for granting of a licence under prescribed (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a), in effect as per reg. 2(1).
E246
Previous affecting provision: power to make regulations to give effect to any Community act on waste provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 62(1), (2), S.I. No. 192 of 1996; repealed (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 46, S.I. No. 433 of 2011.
Licences.
F86[82.—(1) In this section “previous Part IV” means this Part as it had effect before the amendment of it by section 15 of the Protection of the Environment Act 2003.
(2) A person shall not carry on an activity, other than an established activity or an activity to which subsection (3) applies, unless a licence or revised licence under this Part is in force in relation to the activity.
(3) (a) A person shall not continue to carry on an activity (other than an established activity) the carrying on of which—
(i) commenced on or after 30 October 1999 but before the commencement of section 15 of the Protection of the Environment Act 2003, and
(ii) was not licensable under the previous Part IV but is licensable under this Part,
unless, within the period of 6 months from the commencement of that section, a licence under this Part is in force in relation to it.
(b) Paragraph (a) is without prejudice to paragraph (c).
(c) The carrying on of an activity to which paragraph (a) relates shall, in the period before a licence in relation to the activity is granted or refused, be deemed not to have contravened the provisions of this Part provided that, within the period of 6 months referred to in paragraph (a), an application has been made for a licence in respect of that activity and the requirements of regulations made under section 89 in relation to the application for the licence have been complied with by the applicant therefor.
(4) (a) The Minister may, by order, provide that an established activity of any class specified in the order shall not be carried on, on or after such date as may be specified in the order, unless a licence or revised licence under this Part is in force in relation to the activity.
(b) Paragraph (a) is in addition to the circumstances specified in section 98 in which a licence is required under that section in respect of an established activity.
(5) In the period (following the specification of a date by an order under subsection (4)) before a licence in relation to the established activity concerned is granted or refused, the requirements of any other legislation relevant to the activity shall continue to apply.
(6) Notwithstanding the specification of a date by an order under subsection (4), the carrying on of an established activity to which the order relates shall, in the period before a licence in relation to the activity is granted or refused, be deemed not to have contravened the provisions of this Part provided that, before that specified date, an application has been made for a licence in respect of that activity and the requirements of regulations made under section 89 in relation to the application for the licence have been complied with by the applicant therefor.
(7) Every licence and revised licence granted under the previous Part IV and in force immediately before the commencement of section 15 of the Protection of the Environment Act 2003 shall, without prejudice to subsections (10) and (11), section 92 and the other provisions of this Act, continue in force; for the avoidance of doubt, the provisions of this Part, and not of the previous Part IV, shall apply to such a licence.
(8) Every application made under the previous Part IV for a licence, or the review of a licence or a revised licence, and every review of a licence or a revised licence commenced by the Agency of its own volition under the said Part IV, and not finally dealt with and determined or completed before the commencement of section 15 of the Protection of the Environment Act 2003, shall continue to be dealt with by the Agency, and be determined or completed by it, as if the application were an application for a licence, or the review of a licence or a revised licence under this Part or, as the case may be, the review were a review commenced by the Agency of its own volition under this Part.
(9) Every order made under subsection (2) (being subsection (2) of this section as it had effect in the previous Part IV) and in force immediately before the commencement of section 15 of the Protection of the Environment Act 2003, shall continue in force as if it were an order made under subsection (4).
(10) The Agency shall, not later than 30 September 2007, have done the following (which, by virtue of this subsection, it has power to do)—
(a) examined the terms of every licence and revised licence to which subsection (7) applies and for the time being in force and determined whether, having regard to the provisions of the Directive and subsection (11), the licence or revised licence requires to be reviewed under this Part or be the subject of the exercise of the powers conferred by subsection (11), and
(b) if—
(i) it has determined that the licence or revised licence requires to be so reviewed, commenced such a review and exercised the powers conferred on it by this Part consequent on such a review, or
(ii) it has determined that the licence or revised licence does not require to be so reviewed and subsection (11) does not apply and, accordingly, that no further action is required, declared in writing that it is of that opinion.
(11) If the bringing into conformity with the Directive of a licence or revised licence to which subsection (7) applies can, in the opinion of the Agency, be achieved by amending one or more of the conditions of the licence (and the making of those amendments will not significantly alter the character of the licence) then, unless the Agency considers it ought nevertheless, in the public interest or because of other special considerations, carry out the review and exercise the powers referred to in subsection (10)(b)(i) in relation to the licence, the Agency shall have made, not later than 30 September 2007, those amendments of the conditions of the licence or revised licence (which, by virtue of this subsection, it has power to do).]
Annotations
Amendments:
F86
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Modifications (not altering text):
C28
Transitional arrangements for application of powers provided (22.10.2003) by Waste Management Act 1996 (10/1996), s. 39A, as inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 34, S.I. No. 498 of 2003.
Licensing under this Part and Part IV of Act of 1992.
39A.— …
(9) For the avoidance of doubt, this section shall apply and, in particular, a declaration under it may be made in respect of an application made before the commencement of section 34 of the Protection of the Environment Act 2003, for a waste licence under section 39 or for a licence or revised licence under section 82 of the Act of 1992.
…
Editorial Notes:
E247
Power pursuant to subs. (4) exercised (30.06.2006) by Environmental Protection Agency Act 1992 (Established Activities) (Amendment) Order 2006 (S.I. No. 321 of 2006), in effect as per art. 2.
E248
Power pursuant to subs. (4) exercised (1.06.2006) by Environmental Protection Agency Act 1992 (Established Activities) Order 2006 (S.I. No. 279 of 2006), in effect as per art. 2.
E249
Power pursuant to subs. (2) exercised (8.12.1998) by Environmental Protection Agency Act 1992 (Established Activities) Order 1998 (S.I. No. 460 of 1998), in effect as per art. 2.
E250
Power pursuant to subs. (2) exercised (14.04.1997) by Environmental Protection Agency Act 1992 (Established Activities) Order 1997 (S.I. No. 140 of 1997), in effect as per art. 2.
E251
Power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1996 (S.I. No. 239 of 1996), in effect as per reg. 2.
E252
Power pursuant to subs. (2) exercised (16.04.1996) by Environmental Protection Agency Act 1992 (Established Activities) Order 1996 (S.I. No. 78 of 1996), in effect as per art. 2.
E253
Power pursuant to subs. (2) exercised (1.12.1995) by Environmental Protection Agency Act 1992 (Established Activities) (No. 2) Order 1995 (S.I. No. 204 of 1995), in effect as per art. 2.
E254
Power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1995 (S.I. No. 60 of 1995), in effect as per reg. 2.
E255
Power pursuant to subs. (2) exercised (3.04.1995) by Environmental Protection Agency Act 1992 (Established Activities) Order 1995 (S.I. No. 58 of 1995), in effect as per art. 2.
E256
Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994), in effect as per reg. 2.
E257
Power pursuant to subs. (2) exercised (16.05.1994) by Environmental Protection Agency Act 1992 (Established Activities) Order 1994 (S.I. No. 83 of 1994), in effect as per art. 2.
E258
Previous affecting provision: power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1996 (S.I. No. 79 of 1996), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.
E259
Previous affecting provision: power pursuant to section exercised (2.08.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996); revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in subs. (2).
E260
Previous affecting provision: power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing) (Amendment) Regulations 1995 (S.I. No. 59 of 1995), in effect as per reg. 2; revoked (2.08.1996) by Environmental Protection Agency (Licensing) (Amendment) (No. 2) Regulations 1996 (S.I. No. 240 of 1996), reg. 3.
E261
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
F87[
Transitional matters for activities licensed under this Act consequent upon Industrial Emissions Directive.
82A. (1) In this section “earlier Part IV” means this Part as it had effect before the amendment of it by the European Union (Industrial Emissions) Regulations 2013.
(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless—
(a) on the coming into operation of this section a licence or revised licence under the earlier Part IV is in force in relation to the activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and
(ii) on or before 7 January 2014—
(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (6), is granted if required, under the earlier Part IV or this Part, as the case may be, and
(II) the licensee concerned commences carrying on the activity.
(3) Subsection (2) applies to any of the following activities:
(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input exceeding 50 MW;
(b) an activity specified in paragraph 9.3.1, 9.4.1, 9.4.2(a), 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 12.3, 1.1.1, 10.2, 10.3, 10.4, 4.3, 4.2.1 or 13.4.1 of the First Schedule;
(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by chemical processing;
(d) an activity specified in paragraph 8.1, 8.2, 8.5.1, 8.6.1, or 7.4.1 of the First Schedule;
(e) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as “Directive 2008/1/EC”) applies to the activity;
(f) an activity specified in paragraph 7.2.1, 7.7.1, 6.1, 6.2, 12.2.1, 9.4.3 or 13.5 of the First Schedule.
(4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless—
(a) on the coming into operation of this section a licence or revised licence granted under the earlier Part IV is in force in relation to that activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and
(ii) on or before 7 July 2015—
(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part IV or this Part, as the case may be, and
(II) the licensee concerned commences carrying on the activity.
(5) Subsection (4) applies to any of the following activities:
(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input of 50 MW;
(b) an activity specified in paragraph 9.4.2(b) of the First Schedule;
(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by biological processing;
(d) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC does not apply to the activity;
F88[(e) an activity specified in paragraph 8.3, 8.7 or 13.6 of the First Schedule.]
(6)(a) Where an application to which subsection (2)(b) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.
(b) Where an application to which subsection (2)(b) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.
(7)(a) Where an application to which subsection (4)(b) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.
(b) Where an application to which subsection (4)(b) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.
(8) A licence or revised licence referred to in subsection (2)(a) in force on the coming into operation of this section or (2)(b) and granted, in accordance with subsection (6)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—
(a) examined the terms of every licence and revised licence referred to in subsection (2)(a) or (2)(b) which was granted, in accordance with subsection (6)(a) under the earlier Part IV, and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the licence or revised licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(9) A licence or revised licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—
(a) examined the terms of every licence and revised licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part IV and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the licence or revised licence does not require be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(10)(a) None of the requirements of section 90 shall apply to the performance of functions conferred on the Agency under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before performing that function.
(b) Where the Agency considers that it is necessary for the purpose of the performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.
(c) The Agency shall, as soon as may be after the performance of functions conferred on it under subsection (8) or (9), notify particulars of the amendment effected by that performance to each person who made an objection to the Agency under section 87(5) in relation to any performance by the Agency of powers conferred on it under section 83 or 90 as respects the licence or revised licence concerned.
(11) If the bringing into conformity with the Industrial Emissions Directive of a licence or revised licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the licence or revised licence (and the making of the amendment will not significantly alter the character of the licence or revised licence) then, the Agency shall make those amendments of the conditions of or schedules to the licence or revised licence (which, by virtue of this subsection, it has power to do).]
Annotations
Amendments:
F87
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 8.
F88
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 28, S.I. No. 358 of 2015.
1 O.J. No. L24, 29.1.2008, p, 8.
F89[Provision supplemental to section 82.
82B. …]
Annotations
Amendments:
F89
Inserted (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 4, in effect as per reg. 1(2); set aside as ultra vires the European Communities Act 1972 (27/1972), s. 3 by Friends of the Irish Environment Limited v. Minister for Communications, Climate Act and Environment and Others [2019] IEHC 646 para. 221 and [2019] IEHC 685 para. 11.
Editorial Notes:
E262
The section title is taken from the amending section in absence of one included in the amendment.
F90[
Determination of applications for licences.
83.—(1) Where an application is made to the Agency in the prescribed manner for a licence under this Part it may, subject to section 99A and to compliance with any regulations under section 89, grant the licence subject to such conditions as it considers appropriate or refuse the application.
(2) Unless it considers that it is unnecessary to do so, the Agency shall carry out or cause to be carried out such investigations as it thinks appropriate or as may be prescribed—
(a) prior to, and for the purposes of determining, any application made to it under this Part,
(b) as part of the review of a licence or revised licence commenced by the Agency under section 90, or
(c) for the purposes of section 82(10) or (11),
and may require the applicant or the licensee, as the case may be, to defray or contribute towards the cost of any such investigation.
F91[(2A)(a) In this subsection:
“application for a licence” means an application made to the Agency—
(i) for a licence under this Part, or
(ii) by the licensee under section 90(1)(b) for a review of a licence or revised licence;
F92[“environmental impact assessment” means a process –
(i) consisting of—
(I) the preparation of an environmental impact assessment report by the applicant in accordance with this Act,
(II) the carrying out of consultation required by or under this Act,
(III) the examination by the Agency of—
(A) the information presented in the environmental impact assessment report,
(B) any additional information provided by the applicant under this Act, and
(C) any relevant information received under this Act,
(IV) the reaching of a reasoned conclusion by the Agency in accordance with section 87(9a) on the significant effects of the proposed activity on the environment, taking into account the results of the examination referred to in subparagraph (III) and, where appropriate, its own supplementary examination, and
(V) the integration of the Agency’s reasoned conclusion into its decision to grant a licence, or to refuse an application, under section 83(1) or a decision to amend a licence or revised licence, to grant a revised licence, or to refuse to grant a revised licence, under section 90(2),
and
(ii) including an examination, analysis and evaluation by the Agency in accordance with this section in order to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed activity, including significant effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on—
(I) population and human health,
(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19925 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20096,
(III) land, soil, water, air and climate,
(IV) material assets, cultural heritage and the landscape, and
(V) the interaction between the factors mentioned in subparagraphs (I) to (IV);]
(b) The Agency as part of its consideration of an application for a licence shall ensure before a licence or a revised licence is granted, and where the activity to which such licence or revised licence relates is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location, that, in accordance with this subsection and section 87(1A) to F93[(1I)], the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.
F94[(ba) Where the Agency receives an application for a licence in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) the Agency shall require the applicant for a licence to provide it with information on the characteristics of the activity and its likely significant effects on the environment.
(bb) Where an applicant is subject to a requirement by the Agency under paragraph (ba) it shall—
(i) provide the information specified in Annex IIA to the EIA Directive, and
(ii) where relevant, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).
(bc) Where an applicant is subject to a requirement by the Agency under paragraph (ba) it may also provide a description of any features of the activity or measures envisaged to avoid or prevent significant adverse effects on the environment.
(bd) Where the Agency receives information from an applicant under paragraph (bb) it shall make a determination as to whether the activity to which the licence or revised licence applied for relates should be subject to environmental impact assessment on the basis of such information, taking into account the relevant selection criteria specified in Annex III to the EIA Directive and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).
(be) A determination under paragraph (bd) shall—
(i) where the Agency determines that the activity should be subject to environmental impact assessment, specify with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination, and
(ii) where the Agency determines that the activity should not be subject to environmental impact assessment, specify—
(I) with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination, and
(II) any features of the activity and measures proposed by the applicant, to avoid or prevent significant adverse effects on the environment relied upon by it in making the determination.
(bf) Where the Agency specifies a measure under paragraph (be)(ii)(II) as a measure relied upon by it in making the determination pursuant to section 83(2A)(bd), that an environmental impact assessment is not required in relation to an application for a licence, the Agency shall make carrying out the measure concerned a condition of any licence granted on that application.
(bg) Subject to paragraph (bh), the Agency shall make its determination under paragraph (bd) as soon as possible and within 90 days from the date on which the applicant has submitted all the information required by the Agency under paragraph (ba).
(bh) The Agency may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the proposed activity, extend the 90 day period referred to in paragraph (bf) in order to make its determination and in such cases it shall inform the applicant in writing of the reasons justifying the extension and of the date when its determination is expected.
(bi) The Agency shall make an electronic version of any determination under paragraph (bd) available to the public on its website.]
(c) Subject to paragraph (b) and section 87(1A) to F93[(1I)], an environmental impact assessment shall be carried out by the Agency in respect of an application for a licence relating to an activity, where development comprising or for the purpose of the activity is:
F95[(i) development of a class specified in Part 1 of Schedule 5 to the Planning and Development Regulations 2001, or]
F96[(ii) development of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 that the Agency determines would be likely to have significant effects on the environment.]
(d) Subject to section 87(1A) to F93[(1I)] an applicant for a licence shall submit an F97[environmental impact assessment report] with the application for the licence made to the Agency—
(i) where the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(i), or
(ii) where the Agency determines that the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) that would be likely to have significant effects on the environment,
F98[(dd) The applicant for a licence shall ensure that an environmental impact assessment report referred to in paragraph (d)—
(i) is prepared by competent experts,
(ii) contains, subject to paragraph (df)—
(I) a description of the proposed activity comprising information on the site (including information on the installation where the activity is to be carried out), design, size and other relevant features of the activity,
(II) a description of the likely significant effects of the proposed activity on the environment,
(III) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,
(IV) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment,
(V) a non-technical summary of the information referred to in clauses (I) to (IV),
(VI) any additional information specified in Annex IV of the EIA Directive that is relevant to the specific characteristics of the particular activity, or type of activity, proposed and to the environmental features likely to be affected,
and
(iii) takes into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments.
(de) The Agency shall, on the request of a person who has made, or intends to make, an application for a licence, where the request is made before the person has submitted an environmental impact assessment report—
(i) consult the bodies prescribed by the Minister in regulations under section 89, and
(ii) taking into account the information provided by the applicant or intending applicant, in particular on the specific characteristics of the activity, including its location and technical capacity, and its likely impact on the environment, issue an opinion on the scope, and level of detail, of the information to be included by the applicant or intending applicant in the environmental impact assessment report in accordance with subsection (dd),
(df) Where the Agency issues an opinion under paragraph (de) the applicant shall—
(i) prepare the environmental impact assessment report referred to in subsection (dd) based on that opinion, and
(ii) include in the report the information that may reasonably be required for reaching a reasoned conclusion in accordance with section 87(9a) on the significant effects of the proposed activity on the environment, taking into account current knowledge and methods of assessment.
(dg) The Agency shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.
(dh) In carrying out an environmental impact assessment in respect of an application for a licence or a revised licence, the Agency shall, where appropriate, co-ordinate the assessment with any assessment under Council Directive 92/43/EEC of 21 May 19927 or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20098.]
(e) The Agency shall request the production by the applicant of any additional or supplemental information that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.
(f) In relation to an application for a licence to which paragraph (d) refers—
(i) the Agency shall consider the content of the F97[environmental impact assessment report] and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and
(ii) if the Agency determines that the F97[environmental impact assessment report] and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the F97[environmental impact assessment report] and other material is inadequate, and
(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.
(g) In carrying out its consideration of an application for a licence and in carrying out an environmental impact assessment the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.]
(3) In considering an application for a licence or a revised licence, or the review of a licence or a revised licence under this Part, the Agency shall have regard to—
(a) any relevant air quality management plan under section 46 of the Air Pollution Act 1987, or water quality management plan under section 15 of the Local Government (Water Pollution) Act 1977, or waste management plan,
(b) any relevant noise regulations under section 106,
(c) any special control area order under section 39 of the Air Pollution Act 1987, in operation in relation to the area concerned,
(d) the policies and objectives of the Minister or the Government in relation to the prevention, elimination, limitation, abatement or reduction of emissions for the time being extant,
(e) F99[(i) the particulars submitted with the application including the F97[environmental impact assessment report] (if any) and any other material including maps or plans,]
(ii) any submissions or observations made to the Agency in relation to the F97[environmental impact assessment report],
(iii) any further information or particulars submitted in relation to the F97[environmental impact assessment report] in compliance with a notice given under regulations under F100[section 89,]
(iv) where appropriate, the comments of other Member States of the European Communities in relation to the effects on the environment of the proposed F100[activity, and]
F101[(v) where appropriate, in the case of an industrial emissions directive activity, in accordance with Article 26 of the Industrial Emissions Directive, any submissions or observations made to the Agency resulting from bilateral consultations with another Member State of the European Union,]
insofar as F102[the report], submissions, comments, observations, information or particulars relate to the effects on the environment of emissions from the F103[activity,]
(f) such other matters related to the prevention, elimination, limitation, abatement or reduction of emissions as it considers F104[necessary,
and]
F105[(g) in a case where the application relates to an industrial emissions directive activity, any emerging techniques in so far as those techniques are relevant to the activity and in particular those emerging techniques identified in the BAT reference documents relevant to the activity concerned.]
(4) (a) In granting a licence or revised licence, the Agency shall, subject to section 86(3) F106[and in the case of an industrial emissions directive activity, subject to section 86A(3)(b) or (4)], specify in the licence or the revised licence emission limit values for environmental pollutants likely to be emitted from the activity in significant quantities, having regard to their nature and their potential to transfer from one environmental medium to another.
F107[(aa) Where the Agency decides, in relation to an application for a licence to which subsection (2A)(c) refers, to grant a licence or a revised licence the Agency may attach such conditions to the licence or revised licence as it considers necessary to avoid, reduce and, if possible, offset the major adverse effects of the development or proposed development (if any) comprising or for the purposes of the activity to which the application for a licence relates.]
(b) The Minister may make regulations for the purposes of this subsection.
(c) Without prejudice to the generality of paragraph (b), regulations under this subsection may specify the principal polluting substances to which the Agency is to have regard in fulfilling its duty under paragraph (a).
(5) The Agency shall not grant a licence or revised licence for an activity—
(a) unless it is satisfied that—
(i) any emissions from the activity will not result in the contravention of any relevant air quality standard specified under section 50 of the Air Pollution Act 1987, and will comply with any relevant emission limit value specified under section 51 of the Air Pollution Act 1987,
(ii) any emissions from the activity will comply with, or will not result in the contravention of, any relevant quality standard for waters, trade effluents and sewage effluents and standards in relation to treatment of such effluents prescribed under section 26 of the Local Government (Water Pollution) Act 1977,
(iii) any emissions from the activity or any premises, plant, methods, processes, operating procedures or other factors which affect such emissions will comply with, or will not result in the contravention of, any relevant standard including any standard for an environmental medium prescribed under regulations made under the European Communities Act 1972, or under any other enactment,
(iv) any noise from the activity will comply with, or will not result in the contravention of, any regulations under section 106,
(v) any emissions from the activity will not cause significant environmental pollution,
(vi) the best available techniques will be used to prevent or eliminate or, where that is not practicable, generally to reduce an emission from the activity,
(vii) having regard to Part III of the Act of 1996, production of waste in the carrying on of the activity will be prevented or minimised or, where waste is produced, it will be recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,
F108[(viia) without prejudice to subparagraph (vii), waste generated in the carrying on of an industrial emissions directive activity, in order of priority in accordance with section 21A (inserted by Regulation 7 of the European Communities (Waste Directive) Regulations 2011) of the Act of 1996, will be prepared for re-use, recycled, recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,]
(viii) energy will be used efficiently in the carrying on of the activity,
F109[(viiia) in the case of an industrial emissions directive activity at an installation to which paragraph (11) of Regulation 23 of the European Union (Energy Efficiency) Regulations 2014 (S.I No. 426 of 2014) applies, and which is not the subject of an exemption under paragraph (19) or (20) of Regulation 23 of those Regulations, and where—
(I) the Sustainable Energy Authority of Ireland has notified the applicant or licensee that its assessment of the cost-benefit analysis undertaken in accordance with those Regulations confirms the findings of the cost-benefit analysis, and
(II) the cost-benefit analysis concludes that the benefit of an energy efficient option exceeds its costs and this is confirmed by that Authority,
that the necessary measures will be taken by the applicant or licensee to implement that option,]
(ix) necessary measures will be taken to prevent accidents in the carrying on of the activity and, where an accident occurs, to limit its consequences for the environment and, in so far as it does have such consequences, to remedy those consequences,
(x) necessary measures will be taken upon the permanent cessation of the activity (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to a satisfactory state, and
F110[(xa) in the case of an industrial emissions directive activity, necessary measures referred to in subparagraph (x) including measures of appropriate duration shall be taken in accordance with section 86B,]
(xi) the applicant or licensee or transferee, as the case may be, is a fit and proper person to hold a licence,
and, where appropriate, the Agency shall attach conditions relating to the matters specified in the foregoing subparagraphs to the licence or revised licence,
and
(b) where an environmental quality standard requires stricter conditions to be attached to the licence or revised licence than would otherwise be determined by reference to best available techniques either—
(i) without attaching to the licence or revised licence conditions of an appropriate kind for the purpose of that standard, or
(ii) where—
(I) the proposed licensee or the licensee proposes, for the purpose of that standard, to take steps that are different from those that would be required by the imposition of conditions under subparagraph (i), and
(II) the Agency is satisfied that those steps, or those steps with such modifications of them as it considers appropriate, are appropriate for the purpose of that standard,
without attaching conditions to the licence or revised licence requiring those steps, or those steps as so modified, to be taken.
(6) The Agency may, before it does any of the following things, namely—
(a) decides whether to—
(i) grant a licence or a revised licence, or
(ii) effect a transfer of a licence or a revised licence,
or
(b) completes a review of a licence or a revised licence,
require the applicant for the licence, the licensee in the case of a review (whether commenced by the Agency of its own volition or not), or the proposed transferee, as the case may be, to—
(i) furnish to it such particulars in respect of such matters affecting his ability to meet the financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him in carrying on the activity to which the licence or revised licence relates or will relate, as the case may be, in accordance with the terms of the licence or in consequence of ceasing to carry on that activity as it may specify, and
(ii) make, and furnish evidence of having so made, such financial provision as it may specify (which may include the entering into a bond or other form of security) as will, in the opinion of the Agency, be adequate to discharge the said financial commitments or liabilities.
(7) A person who, pursuant to a requirement made of him under subsection (6), furnishes to the Agency any particulars or evidence which he knows to be false or misleading in a material respect shall be guilty of an offence.
(8) The Minister may make regulations for the purpose of subsection (6).
(9) Without prejudice to the generality of subsection (8), regulations under that subsection may specify by reference to the type of activity to which the licence or revised licence concerned relates or will relate—
(a) the nature of the financial provision that the Agency may require a person to make under subsection (6)(ii),
(b) the matters to be had regard to by the Agency in determining the amount of financial provision that it may require a person to make under subsection (6)(ii).
(10) A person shall not be entitled solely by reason of a licence or revised licence under this Part to make, cause or permit an emission to any environmental medium.]
Annotations
Amendments:
F90
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F91
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 4(1)(a), in effect as per reg. 1(2), with application as per regs. 4(2), 9.
F92
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 5(a).
F93
Substituted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 3(a), (b), (c), commenced on enactment, with application as per reg. 7.
F94
Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 5(b).
F95
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 5(c)(i).
F96
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 5(c)(ii).
F97
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 4(a).
F98
Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 5(d).
F99
Substituted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 4(1)(b), in effect as per reg. 1(2), with application as per regs. 4(2), 9.
F100
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(i), (ii).
F101
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(iii).
F102
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 4(c).
F103
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(iv).
F104
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(v).
F105
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(a)(iv).
F106
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(b).
F107
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 4(1)(c), in effect as per reg. 1(2), with application as per reg. 9.
F108
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(c)(i).
F109
Inserted (29.09.2014) by European Union (Energy Efficiency) Regulations 2014 (S.I. No. 426 of 2014), reg. 24.
F110
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 9(c)(ii).
Modifications (not altering text):
C29
Provision for costs of proceedings under section made (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011.
Costs of proceedings to be borne by each party in certain circumstances.
3.— (1) Notwithstanding anything contained in any other enactment or in—
(a) Order 99 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ),
(b) Order 66 of the Circuit Court Rules ( S.I. No. 510 of 2001 ), or
(c) Order 51 of the District Court Rules ( S.I. No. 93 of 1997 ),
and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.
(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.
(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—
(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,
(b) by reason of the manner in which the party has conducted the proceedings, or
(c) where the party is in contempt of the court.
(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.
(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.
Civil proceedings relating to certain licences, etc.
4.— (1) Section 3 applies to civil proceedings, other than proceedings referred to in subsection (3), instituted by a person—
(a) for the purpose of ensuring compliance with, or the enforcement of, a statutory requirement or condition or other requirement attached to a licence, permit, permission, lease or consent specified in subsection (4), or
(b) in respect of the contravention of, or the failure to comply with such licence, permit, permission, lease or consent,
and where the failure to ensure such compliance with, or enforcement of, such statutory requirement, condition or other requirement referred to in paragraph (a), or such contravention or failure to comply referred to in paragraph (b), has caused, is causing, or is likely to cause, damage to the environment.
(2) Without prejudice to the generality of subsection (1), damage to the environment includes damage to all or any of the following:
(a) air and the atmosphere;
(b) water, including coastal and marine areas;
(c) soil;
(d) land;
(e) landscapes and natural sites;
(f) biological diversity, including any component of such diversity, and genetically modified organisms;
(g) health and safety of persons and conditions of human life;
(h) cultural sites and built environment;
(i) the interaction between all or any of the matters specified in paragraphs (a) to (h).
(3) Section 3 shall not apply—
(a) to proceedings, or any part of proceedings, referred to in subsection (1) for which damages, arising from damage to persons or property, are sought, or
(b) to proceedings instituted by a statutory body or a Minister of the Government.
(4) For the purposes of subsection (1), this section applies to—
(a) a licence, or a revised licence, granted under section 83 of the Environmental Protection Agency Act 1992 ,
…
(5) In this section—
“damage”, in relation to the environment, includes any adverse effect on any matter specified in paragraphs (a) to (i) of subsection (2);
“statutory body” means any of the following:
(a) a body established by or under statute;
(b) a county council within the meaning of the Local Government Act 2001;
(c) a city council within the meaning of the Local Government Act 2001.
(6) In this section a reference to a licence, revised licence, permit, permission, approval, lease or consent is a reference to such licence, permit, lease or consent and any conditions or other requirements attached to it and to any renewal or revision of such licence, permit, permission, approval, lease or consent.
…
Additional proceedings to which section 3 applies.
6.— Section 3 applies to—
(a) proceedings in the High Court by way of judicial review or of seeking leave to apply for judicial review, of proceedings referred to in section 4 or 5,
(b) an appeal (including an appeal by way of case stated) from the District Court, Circuit Court or High Court in any proceedings referred to in section 4 or 5 or paragraph (a), and
(c) proceedings for interim or interlocutory relief in relation to any proceedings referred to in section 4 or 5 or paragraph (a).
Application to court for determination that section 3 applies to proceedings.
7.— (1) A party to proceedings to which section 3 applies may at any time before, or during the course of, the proceedings apply to the court for a determination that section 3 applies to those proceedings.
(2) Where an application is made under subsection (1), the court may make a determination that section 3 applies to those proceedings.
(3) Without prejudice to subsection (1), the parties to proceedings referred to in subsection (1), may, at any time, agree that section 3 applies to those proceedings.
(4) Before proceedings referred to in section 3 are instituted, the persons who would be the parties to those proceedings if those proceedings were instituted, may, before the institution of those proceedings and without prejudice to subsection (1), agree that section 3 applies to those proceedings.
(5) An application under subsection (1) shall be by motion on notice to the parties concerned.
C30
Application of section restricted (11.03.1998) by European Communities (Licensing of Incinerators of Hazardous Waste) Regulations 1998 (S.I. No. 64 of 1998), reg. 5.
Conditions necessary to give effect to certain provisions of the Council Directive
5. Notwithstanding sections 83(1) and 84 of the Act of 1992, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which these Regulations apply such conditions as are, in the opinion of the Agency, necessary to give effect to articles 3 to 12 of the Council Directive.
Editorial Notes:
E263
Subs. (2A) amended (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 5, in effect as per reg. 1(2); set aside as ultra vires the European Communities Act 1972 (27/1972), s. 3 by Friends of the Irish Environment Limited v. Minister for Communications, Climate Act and Environment and Others [2019] IEHC 646 para. 221 and [2019] IEHC 685 para. 11.
E264
Previous affecting provision: provision for disregarding of subs. (4)(a), (5)(a)(vi) in issuing a licence in certain circumstances made (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a).
E265
Previous affecting provision: power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2, subject to transitional provisions in reg. 42(2).
E266
Previous affecting provision: provisions to attach conditions to licences granted under Act made (3.07.2003) by European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003), reg. 5; revoked (7.01.2014) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(b), in as effect as per reg. 25(b).
E267
Previous affecting provision: specified standards for determination of application under prescribed (1.07.2001) by Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001), reg. 5(1), in effect as per reg. 1(2).
E268
Previous affecting provision: subs. (1A) inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 65(1)(b), S.I. No. 192 of 1996; section substituted and s. 65(1) repealed (12.07.2004) by Protection of the Environment Act 2003 (27/2003), ss. 15, 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.
E269
Previous affecting provision: subs. (3A) inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 65(1)(c), S.I. No. 192 of 1996; section substituted and s. 65(1) repealed (12.07.2004) by Protection of the Environment Act 2003 (27/2003), ss. 15, 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.
E270
Previous affecting provision: subs. (7)(b) amended (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(4), S.I. No. 192 of 1996; section substituted and s. 68(4) repealed (12.07.2004) by Protection of the Environment Act 2003 (27/2003), ss. 15, 3(1) and sch. 2 part 1, S.I. No. 393 of 2004.
E271
Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E272
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E273
Previous affecting provision: subs. (2)(cc) inserted (16.05.1994) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1994 (S.I. No. 84 of 1994), reg. 13, in effect as per reg. 2(2); section substituted and reg. 13 revoked (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 3(2) and sch. 2 part 2, S.I. No. 393 of 2004.
5 OJ No. L 206, 22.7.1992, p. 7
6 OJ No. L 20, 26.1.2010, p. 7
7 OJ No. L 206, 22.7.1992, p. 7
8 OJ No. L 20, 26.1.2010, p. 7
F111[
Provisions supplemental to, and consequential on, section 83.
84.—(1) Where a licence or revised licence is required under this Part in respect of an activity, a licence under—
(a) Part III of the Air Pollution Act 1987,
(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F112[…]
(c) section 171 of F113[the Fisheries (Consolidation) Act 1959, or]
F114[(d) section 63 or 81 of the Water Services Act 2007,]
shall not be granted in relation to such activity.
(2) Where a licence or revised licence has been granted under this Part in respect of an activity, a licence under—
(a) Part III of the Air Pollution Act 1987,
(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F115[…]
(c) section 171 of F116[the Fisheries (Consolidation) Act 1959, or]
F117[(d) section 63 or 81 of the Water Services Act 2007,]
shall cease to have effect in relation to such activity.
(3) It shall be a good defence—
(a) to a prosecution for an offence under any enactment other than this Part, or
(b) to proceedings under—
(i) section 10 or 11 of the Local Government (Water Pollution) Act 1977,
(ii) section 20 of the Local Government (Water Pollution) (Amendment) Act 1990,
(iii) section 28, 28A or 28B of the Air Pollution Act 1987,
(iv) section 57 or 58 of the Act of 1996, or
(v) section 99H,
to prove that the act complained of is authorised by a licence or revised licence granted under this Part.
(4) For the purpose of this Part, a person shall be regarded as a fit and proper person if—
(a) neither that person nor any other relevant person has been convicted of an offence under this Act, the Act of 1996, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 prescribed for the purposes of this subsection,
(b) in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him to direct or control the carrying on of the activity to which the licence or revised licence relates or will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence or revised licence and the other requirements of this Act, and
(c) in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers have been, or will be entered into or incurred by him in carrying on the activity to which the licence or revised licence relates or will relate, as the case may be, in accordance with the terms thereof or in consequence of ceasing to carry on that activity.
(5) The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whom subsection (4)(a) applies.
(6) The references in subsections (4) and (5) to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application or review concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.]
Annotations
Amendments:
F111
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F112
Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(l), S.I. No. 846 of 2007.
F113
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(l), S.I. No. 846 of 2007.
F114
Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(i)(ll), S.I. No. 846 of 2007.
F115
Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(l), S.I. No. 846 of 2007.
F116
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(l), S.I. No. 846 of 2007.
F117
Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(ii)(ll), S.I. No. 846 of 2007.
Modifications (not altering text):
C31
Application of section restricted (11.03.1998) by European Communities (Licensing of Incinerators of Hazardous Waste) Regulations 1998 (S.I. No. 64 of 1998), reg. 5.
Conditions necessary to give effect to certain provisions of the Council Directive
5. Notwithstanding sections 83(1) and 84 of the Act of 1992, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which these Regulations apply such conditions as are, in the opinion of the Agency, necessary to give effect to articles 3 to 12 of the Council Directive.
Editorial Notes:
E274
Previous affecting provision: power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E275
Previous affecting provision: application of section restricted (3.07.2003) by European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003), reg. 5; revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(b).
F118[
Transboundary environmental impacts.
85.—(1) Where—
(a) an activity in respect of which an application for a licence or the review of a licence or a revised licence has been made to the Agency, or
(b) an activity the subject of a licence or revised licence a review of which under section 90 the Agency proposes to conduct,
is likely to have a significant adverse effect on the environment in another Member State of the European Communities, the Minister shall inform that other state of the application or the review.
(2) Where another Member State of the European Communities requests the State to provide to it information in relation to an activity licensable under this Part which, in the opinion of the first-mentioned state, is likely to have a significant adverse effect on that state’s environment, the Minister shall request the Agency to provide that state with information in relation to the activity.
(3) Where it comes to the notice of the Agency that an activity or a proposed activity in another Member State of the European Communities is likely to have a significant adverse effect on the environment in the State, the Agency shall inform the Minister of the matter and, when requested to do so by him, assess the matter and advise the Minister of the effect on the environment in the State of that activity.
(4) The Minister may by regulations—
(a) provide for specified procedures to be followed, additional to those specified by or under any other provision of this Act, with respect to—
(i) the determination of an application for a licence or for the review of a licence or a revised licence, and
(ii) the review by the Agency, of its own volition, of a licence or a revised licence,
where such licence relates to an activity emissions from which are likely to have a significant adverse effect on the environment in another Member State of the European Communities,
(b) provide for specified procedures to be followed by persons in the State in circumstances where it comes to the notice of such persons that emissions from an activity in another Member State of the European Communities, being an activity the operation of which requires a permit under the F119[Industrial Emissions Directive], are likely to have a significant adverse effect on the environment in the State.
(5) Without prejudice to the generality of subsection (4), regulations under that subsection may make provision for the following—
(a) in respect of an activity to which subsection (1) or (2) applies—
(i) requiring the Agency to notify the Minister that the activity is being carried on or is proposed to be carried on;
(ii) requiring the Agency to submit information to the Minister regarding the activity;
(iii) requiring the Agency to provide information to the other state concerned, its competent authority for the purposes of the F120[Industrial Emissions Directive] (in this paragraph referred to as the “competent authority of that state”) or other persons in that state;
(iv) requiring the Agency to consult with the competent authority of that state;
(v) requiring the Agency to take into consideration any comments from the state concerned, the competent authority of that state or any person in that state;
(vi) enabling the attachment of conditions to a licence or revised licence in order to reduce or eliminate the possible adverse effects on the environment of another Member State of the European Communities;
(vii) extending the period in which a decision is to be made under this Act or any other step is to be taken;
(viii) requiring the Agency to inform the other state concerned of the decision under this Act and to provide to it information in relation to the decision;
(b) in respect of an activity to which subsection (3) applies—
(i) requiring the Agency to request the competent authority, for the purposes of the F121[Industrial Emissions Directive], of the other state concerned (in this paragraph referred to as the “competent authority of the other state concerned”) to provide to it information regarding the activity or proposed activity;
(ii) requiring the Agency to consult with the competent authority of the other state concerned;
(iii) requiring the Agency to publish notices in relation to information provided to it pursuant to a request referred to in subparagraph (i);
(iv) requiring the Agency to invite comments in relation to information as aforesaid and to forward such comments to the competent authority of the other state concerned in relation to the activity or proposed activity;
(v) enabling the Agency to make submissions or observations to the competent authority of the other state concerned in relation to the activity or proposed activity.
(6) The Minister may by regulations provide that this section shall apply to a Member State of the EEA as it applies to a Member State of the European Communities.
(7) In subsection (6) “Member State of the EEA” means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on the 2nd day of May, 1992, as amended for the time being.]
Annotations
Amendments:
F118
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F119
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 10(a).
F120
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 10(b)(i).
F121
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 10(b)(ii).
Editorial Notes:
E276
Power pursuant to subs. (4) exercised (25.08.2022) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2022 (S.I. No. 423 of 2022), in effect as per reg. 2.
E277
Power pursuant to subs. (4) exercised (25.08.2022) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2022 (S.I. No. 422 of 2022), in effect as per reg. 2.
E278
Power pursuant to subs. (4) exercised (27.05.2020) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020 (S.I. No. 190 of 2020).
E279
Power pursuant to subs. (4) exercised (27.05.2020) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2020 (S.I. No. 189 of 2020).
E280
Power pursuant to subs. (4) exercised (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013).
E281
Power pursuant to subs. (4) exercised (23.04.2013) by Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. No. 137 of 2013).
E282
Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994), in effect as per reg. 2.
E283
Previous affecting provision: exceptions to the appropriate period under subs. (10) provided (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(15), in effect as per reg. 1(3); section including subs. (10) substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E284
Previous affecting provision: exceptions to the appropriate period under subs. (10) provided (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 32(8); revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1), in effect as per reg. 1(3).
E285
Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E286
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42 and sch. 2, subject to transitional provision in reg. 42(2).
F122[
Conditions attached to a licence.
86.—(1) Without prejudice to the generality of section 83(1), conditions attached to a licence or revised licence granted under this Part—
(a) shall—
(i) in accordance with section 83(4) and subject to subsection (3) F123[and in the case of an industrial emissions directive activity, subject to section 86A(3)(b) or (4)], include emission limit values for environmental pollutants likely to be emitted from an activity in significant quantities,
(ii) specify requirements for the purpose of minimising pollution, including minimising the occurrence of pollution over long distances or in the territory of other states, and to ensure a high level of protection for the environment as a whole,
(iii) F124[if necessary, and in all cases where the licence or revised licence relates to an industrial emissions directive activity, specify] requirements concerning protection of the soil and groundwater, and the management of waste generated by an activity,
F125[(iiia) in the case of an industrial emissions directive activity, specify monitoring periods for soil (within the meaning of section 86A(11) (inserted by Regulation 12 of the European Union (Industrial Emissions) Regulations 2013)) and groundwater, other than where the Agency bases monitoring on a systematic appraisal of the risk of contamination, which shall be periods of not more than 5 years for groundwater and not more than 10 years for soil,]
(iv) specify appropriate requirements for the purpose of monitoring emissions, including the taking and analysis of samples, the making of measurements in accordance with specified methodologies and frequencies, the evaluation of the results of such monitoring in accordance with specified procedures and the keeping of records and the furnishing of information to the Agency or to any other specified person in relation to such monitoring and evaluation (and such requirements may include a requirement that the licensee confirm whether or not he has complied with the conditions attached to the licence or revised licence and, if he has not complied with any such condition, a requirement that he indicate in what respect he has not complied with the condition),
F126[(iva) specify, in the case of an industrial emissions directive activity, that the results of monitoring of emissions levels (requirements for the purpose of which, where applicable, shall be based on any conclusions on monitoring as described in the BAT conclusions), shall be provided to the Agency regularly and at least once a year, in a form that enables the Agency to verify compliance with the conditions attached to the licence,]
(v) specify the measures to be taken other than in the circumstances that prevail during normal operating circumstances and, in particular, measures to be taken if there is a breakdown of any plant or other equipment or procedures which may affect emissions from the activity, including measures to be taken in relation to start-up, shutdown, leaks, malfunctions or momentary stoppages,
(vi) specify that the Agency is to be informed without delay of any incident or accident significantly affecting the F127[environment,]
(vii) specify the measures to be taken, including as appropriate the duration of such measures, on and following the permanent cessation of an activity (including such a cessation resulting from the abandonment of F128[the activity), and]
F129[(viii) without prejudice to the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003), the European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) and the European Communities Environmental Objectives (Groundwater) Regulations 2010, specify for the purposes of section 86B, in the case of an industrial emissions directive activity to which that section applies, requirements for the purpose of removal, control, containment or reduction of hazardous substances upon the permanent cessation of the activity,
(ix) without prejudice to the European Communities (Environmental Liability) Regulations 2008 specify, in the case of an industrial emissions directive activity, that where an incident or accident significantly affecting the environment occurs, the licensee shall without delay—
(I) inform the Agency, and
(II) take measures to limit the environmental consequences of the incident or accident and to prevent a further incident or accident, and
(x) specify, in the case of an industrial emissions directive activity, that where a breach of one or more of the conditions attached to the licence occurs, the licensee shall without delay—
(I) inform the Agency, and
(II) take measures to restore compliance with conditions attached to the licence in the shortest possible time.]
(b) may (to the extent that the matter is not provided for by a condition under paragraph (a))—
(i) specify as appropriate the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission,
(ii) specify the periods during which an emission may, or may not, be made,
(iii) specify limits to the effects of an emission,
(iv) specify the concentration of an environmental pollutant in an environmental medium or a deposition or discharge rate which shall not be exceeded,
(v) specify any matters relating to the design, construction or dimensions of pipes, chimneys, flues, stacks or other outlets through which an emission is to be made,
(vi) specify the means (including the provision, operation, maintenance and supervision of plant and other facilities and the use of specified procedures or codes of practice) to be used for controlling an emission,
(vii) specify requirements or limits in relation to the amount or composition of any substance produced by or utilised in the activity in any period,
(viii) require the provision, operation and maintenance of meters, gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effects of emissions,
(ix) specify the type of fuel to be, or not to be, used, as the case may be,
(x) specify measures to be taken after an emission, which is not in accordance with other conditions attached to the licence or revised licence, has taken place,
(xi) specify requirements in relation to the recovery or disposal of waste arising from the activity on land other than land on which the installation is situate and whether in the ownership or occupation of the licensee or not (including requirements with respect to the furnishing of information to the Agency in relation to the land for the time being being used, or land proposed to be used, for the purpose of such recovery or disposal),
(xii) require the making of payments to the Agency in relation to costs incurred in relation to determining whether there has been compliance with the conditions attached to the licence or revised licence or not and in relation to steps taken for the purpose of the monitoring of, or otherwise in relation to, emissions,
(xiii) require the payment to the Agency of a charge or charges prescribed under or calculated in accordance with section 99,
(xiv) require the payment to the sanitary authority concerned of a charge in relation to a discharge to a sewer as provided for under section 99E,
(xv) specify such other conditions or requirements, including requirements in relation to environmental management systems, which the Agency considers necessary for the purposes of F130[the Industrial Emissions Directive],
(xvi) specify the latest date by which a condition attached to the licence or revised licence is to be complied with,
(xvii) provide for derogations of a temporary nature from the requirements of subsections (1)(a)(ii) and (3)(c) if a rehabilitation plan, submitted to and approved by the Agency, is implemented in order to ensure that the said requirements will be complied with within 6 months from the date of its first being implemented and the plan will lead to a reduction of emissions,
(xviii) specify, in cases where there are likely to be significant emissions to the environment, appropriate requirements for the purpose of monitoring the ambient environment, including the taking and analysis of samples, the making of measurements in accordance with specified methodologies and frequencies, the evaluation of the results of such monitoring in accordance with specified procedures and the keeping of records and the furnishing of information to the Agency or to any other specified person in relation to such monitoring and evaluation.
(2) In determining the conditions to be attached to a licence or a revised licence in respect of an activity to which paragraph 6.1 or 6.2 of the First Schedule applies, the Agency shall—
(a) for the purposes of subsection (1)(a)(i), take account of practical considerations appropriate to that activity,
(b) for the purposes of subsection (1)(a)(iv), take account of costs and benefits.
(3) (a) Emission limit values for substances shall, save where the Agency directs otherwise, apply at the point where the emissions leave the installation where the activity is being carried on, any dilution being disregarded in making any determination of them.
(b) Emission limit values may, where appropriate, be supplemented or replaced by equivalent parameters or technical measures.
(c) Without prejudice to section 83(5)(b), emission limit values, and equivalent parameters and technical measures shall be based on the best available techniques, without specifying the use of any technique or specific technology, but taking into account the technical characteristics of the activity concerned, its geographical location and the local environmental conditions.
(4) Without prejudice to section 83(5)(b), the Minister may by regulations, after consultation with any other Minister of the Government who, in the opinion of the Minister, is concerned and the Agency—
(a) require either—
(i) the Agency, in the exercise of its powers under this Part, to attach, or
(ii) the Agency, in the exercise of those powers, to consider the attachment of,
the conditions referred to in subparagraph (i) or (ii), as appropriate, of paragraph (b) to a licence or a revised licence F131[granted by it in respect of a specified class or classes of industrial emissions directive activity] (and, accordingly, such conditions shall or may, as appropriate, be attached in place of the conditions that could otherwise be attached in accordance with the preceding provisions of this section),
(b) specify the conditions that are to be the subject of—
(i) the requirement under paragraph (a)(i), and
(ii) the requirement under paragraph (a)(ii),
and, in each case, those conditions F132[shall comply with Article 17 of the Industrial Emissions Directive],
(c) provide for any matters consequential on, or incidental to, the foregoing,
(d) in addition to conditions that may be, or are required to be, attached to a licence or revised licence by reason of the foregoing or any other provision of this Part, enable the Agency to attach to a licence or revised licence in respect of a specified class or classes of activity such conditions as the Agency considers appropriate in the circumstances.
(5) Nothing in subsection (4) shall be construed as enabling the Minister to exercise any power or control in relation to the performance by the Agency, with respect to a particular licence, of its functions under this Part.
(6) A person who fails to comply with any condition attached to a licence or revised licence shall be guilty of an offence.
(7) The Agency, or the sanitary authority, as the case may be, may recover the amount of any payment due to it arising from a condition attached to a licence or revised licence as a simple contract debt in any court of competent jurisdiction.
(8) Where a permission under section 34 of the Act of 2000 has been granted or an application has been made for such permission in relation to development comprising or for the purposes of an activity, the Agency—
(a) may consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under section 34 of the Act of 2000, and
(b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and sustainable development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of emissions.
(9) Where a planning authority is consulted in accordance with subsection (8)(a) , the Agency may specify a period (which period shall not in any case be less than 3 weeks from the date of the request) within which observations must be made.
(10) The Agency may, at any time after expiration of the period specified by it under subsection (9) for making observations, make its decision on the application or review.
(11) Notwithstanding the requirements of Part III of the Act of 2000, works consisting of, or incidental to, the carrying out of development referred to in paragraph (a) of subsection (8) in respect of which conditions have been attached under paragraph (b) of that subsection to the licence or revised licence concerned shall be exempted development within the meaning, and for the purposes, of the Act of 2000.]
Annotations
Amendments:
F122
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F123
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(a)(i).
F124
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(a)(ii).
F125
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(a)(iii).
F126
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(a)(iv).
F127
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(a)(v).
F128
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(a)(vi).
F129
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(a)(vii).
F130
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(b).
F131
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(c)(i).
F132
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 11(c)(ii).
Modifications (not altering text):
C32
Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.
Transfer of functions from sanitary authorities.
39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.
…
Transfer of functions from water service authorities to Irish Water
7. ….
(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
C33
Certain works under subs. (8) deemed exempted development by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 7(1), as amended (31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006), reg. 4, in effect as per reg. 1(2)(b).
Development under other enactments.
7. (1) Works consisting of or incidental to the carrying out of development referred to in [section 86(8) of the Environmental Protection Agency Act 1992 (No. 7 of 1992), as amended] for the purpose of giving effect to a condition attached to a licence or revised licence granted by the Environmental Protection Agency under Part IV of the said Act shall be exempted development.
…
Editorial Notes:
E287
Section amended (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 6, in effect as per reg. 1(2); set aside as ultra vires the European Communities Act 1972 (27/1972), s. 3 by Friends of the Irish Environment Limited v. Minister for Communications, Climate Act and Environment and Others [2019] IEHC 646 para. 221 and [2019] IEHC 685 para. 11.
E288
Previous affecting provision: application of subs. (1)(a)(i), (1)(b)(i) in issuing a licence in certain circumstances restricted (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a), in effect as per reg. 2(1).
E289
Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E290
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
F133[
Best available techniques, emission limit values, equivalent parameters and conditions attached to a licence.
86A. (1) This section applies to a licence or revised licence under this Part in relation to an industrial emissions directive activity.
(2) Without prejudice to the generality of section 83(1), the Agency shall not grant a licence or revised licence, unless it is satisfied that the best available techniques will be utilised to prevent or eliminate or, where that is not practicable, to minimise emissions and the impact on the environment as a whole.
(3)(a) Without prejudice to the generality of section 86(1), the Agency shall, in accordance with this section, apply BAT conclusions as a reference for attaching one or more conditions to a licence or a revised licence granted under this Part.
(b) The Agency may supplement or replace emissions limit values referred to in section 83(4)(a) or 86(1)(a)(i), by attaching one or more conditions to a licence or revised licence which specify equivalent parameters or technical measures, where the Agency is satisfied that to do so would secure an equivalent level of environmental protection.
(c)(i) Where the Agency attaches one or more conditions to a licence or revised licence which specify requirements necessary to give effect to a best available technique not described in any of the relevant BAT conclusions, the Agency shall determine that technique under section 5(3)(b), 83(5)(a)(v) and 86(3) and subsection (4).
(ii) Where any of the relevant BAT conclusions referred to in subparagraph (i) describe a best available technique, but do not contain emission levels associated with the technique, the Agency, under subparagraph (i), shall determine a best available technique which provides a level of environmental protection equivalent to the best available techniques described in the BAT conclusions and shall attach one or more conditions to a licence or revised licence which specify requirements necessary to give effect to that best available technique.
(iii) Where any of the BAT conclusions do not apply to an industrial emissions directive activity or type of production process carried out within an installation or address all of the potential environmental effects of the industrial emissions directive activity or process, the Agency shall, after prior consultation with the applicant or licensee concerned, determine under section 5(3)(b) a best available technique for the industrial emissions directive activity or process concerned, and shall attach one or more conditions to a licence or revised licence in relation to the activity or process which specify requirements necessary to give effect to that best available technique.
(4)(a) For the purposes of this section, the Agency shall attach one or more conditions under section 83(4)(a) or 86(1)(a)(i) to a licence or revised licence which specify emission limit values, so that under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) of the Industrial Emissions Directive.
(b) Emission limit values specified by the Agency under paragraph (a)—
(i) subject to subsection (5)(a), shall not exceed the emission levels associated with best available techniques, or
(ii) subject to subsection (5)(b), shall differ from those referred to in subparagraph (i) in terms of values, periods of time and reference conditions.
(5)(a) Where emission limit values are specified under subsection (4)(b)(i) such emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques.
(b) Where emission limit values are specified under subsection (4)(b)(ii), the Agency shall—
(i) in addition to any condition under section 86(1)(a)(iva), attach a condition to the licence or revised licence specifying that—
(I) results of monitoring emissions are available for the same periods of time and reference conditions as for the emissions levels associated with the best available techniques, and
(II) a summary of results of monitoring emissions shall be furnished to the Agency at least annually, in a form which enables the Agency to compare emission levels with emission level values associated with best available techniques,
and
(ii) assess, not less than annually, the results of monitoring emissions to establish if emissions, under normal operating conditions, have not exceeded the emission levels associated with best available techniques.
(6)(a) The Agency, where it is satisfied on an examination by it of an application for a licence or the review of a licence or revised licence that attaching one or more conditions to the licence or revised licence under subsection (4) for the purposes of the achievement of emission levels associated with the best available techniques as described in BAT conclusions, would lead to disproportionately higher costs compared to the environmental benefits due to—
(i) the geographical location or the local environmental conditions of the installation concerned, or
(ii) the technical characteristics of the installation concerned,
may, in granting the licence or revised licence, attach one or more conditions which specify less strict emission limit values than would otherwise be required under subsection (4).
(b) The Agency shall document in a schedule to the licence or revised licence, the reasons for the attachment of one or more conditions specifying less strict emission limit values under paragraph (a), including the result of the examination by the Agency and the justification for the conditions imposed.
(c) The Agency shall re-examine the attachment of conditions to a licence or revised licence which specify less strict emission limit values under paragraph (a), on any subsequent review of the licence or revised licence concerned.
(7) The Agency, in considering an application for a licence or a revised licence, may attach one or more conditions which specify less strict emission limit values than would otherwise be required under subsection (4) and section 86(3)(c) for the testing and use of emerging techniques for a total period, specified in the conditions, not exceeding 9 months provided that the Agency is satisfied that after the period so specified, either the technique will have ceased or the activity will have achieved not less than the emission levels associated with the best available techniques.
(8) The Agency, in considering an application for a licence or a revised licence, may, where appropriate, take into account the effect of a waste water treatment plant when determining the emission limit values to apply in relation to indirect releases of polluting substances into water from an installation, but the Agency shall not grant a licence or revised licence on that basis unless it is satisfied that—
(a) the licence or revised licence, or any conditions attached thereto, shall secure that an equivalent level of protection of the environment as a whole is guaranteed, and
(b) so granting will not lead to higher levels of pollution in the environment.
(9) Information to be provided by the applicant or licensee for the purpose of a review of a licence or a revised licence under section 90 and prescribed in regulations under section 89 or, as the case may be, requested and considered necessary by the Agency under section 90(7) shall, for the purposes of this section, include in particular—
(a) results of emissions monitoring, and
(b) other data that enables the Agency to make a comparison of the operation of the installation concerned with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques.
(10) Other than where subsection (4) or (6) applies, the Agency shall apply conclusions on best available techniques from BAT reference documents adopted by the Commission prior to 6 January 2011 as BAT conclusions pending the adoption of decisions on BAT conclusions under Article 13(5) of the Industrial Emissions Directive.
(11) In this section “soil” means the top layer of the Earth’s crust situated between the bedrock and the surface and the soil is composed of mineral particles, organic matter, water, air and living organisms.]
Annotations
Amendments:
F133
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 12.
F134[
Baseline report and permanent cessation of activity.
86B. (1) Where an industrial emissions directive activity involves the use, production or release of relevant hazardous substances, and having regard to the possibility of soil and groundwater contamination at the site of an installation concerned, the Agency shall require an applicant under this Part for a licence or review of a licence or revised licence relating to the activity, including such a review by the Agency of its own volition, to furnish to the Agency a baseline report in accordance with regulations under section 89.
(2) In relation to an installation, a baseline report shall contain the information necessary to determine the state of contamination of soil and groundwater at the time that the report is drawn up in order that a quantified comparison may be made to the state of the site upon the permanent cessation (including cessation by abandonment) of the industrial emissions directive activity concerned and the applicant in preparing the baseline report shall include any information prescribed in regulations under section 89.
(3) Notwithstanding the generality of subsection (2), a baseline report shall include at least the following information—
(a) the current use and, where available, the past use of the site,
(b) any available information—
(i) on soil or groundwater measurements that reflect the state of the site at the time that the baseline report is drawn up, or
(ii) on new soil and groundwater measurements, having regard to the possibility of soil and groundwater contamination by the hazardous substances proposed to be used, produced or released by the installation concerned.
(4) Any information furnished to the Agency or to any other body under any enactment or rule of law or a law of the European Union, which complies with the requirements of subsection (2) or (3), may be furnished to the Agency in or with the baseline report.
(5) For the purposes of determining the information to be contained in a baseline report under this section the Agency shall have regard to, and shall for the purposes of subsection (2), make publicly available any guidance documents published by the Commission of the European Union in accordance with Article 22(2) of the Industrial Emissions Directive.
(6) Upon the permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the licensee concerned shall assess the level of contamination of soil and groundwater by the relevant hazardous substances used, produced or released by the installation concerned, and where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to any levels of contamination of soil and groundwater established in the baseline report that licensee shall take the necessary measures, taking into account the technical feasibility of such measures, to address that pollution so as to return the site to the state established in the baseline report.
(7) Without prejudice to subsection (6) where, upon permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the level of contamination of soil or groundwater at the site of the installation concerned—
(a) poses a significant risk to human health or the environment, and
(b) occurred as a result of any industrial emissions directive activity, to which Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 applied and in respect of which a licence is or was in being under this Part or Part V of the Act of 1996, prior to review of the licence or revised licence under section 90, for the first time after the coming into operation of the European Union (Industrial Emissions) Regulations 2013,
and taking account of the condition of the site of the installation established in information already furnished to the Agency, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which necessary approval or consent has been granted, ceases to pose a significant risk.
(8) On permanent cessation (including cessation by abandonment) of an industrial emissions directive activity in relation to which, under this section, no baseline report is required, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which a necessary licence, approval or consent under any enactment has been granted, ceases to pose any significant risk to human health or the environment due to contamination of soil and groundwater as a result of the licensed activities concerned and taking account of the condition of the site established in information, including information furnished with an application for a licence or revised licence, already furnished to the Agency.
(9) In subsections (7) and (8) information already furnished to the Agency is information furnished in relation to—
(a) a licence under this Part, in accordance with Regulations under section 89, or
(b) a licence under Part V of the Act of 1996 in accordance with Regulations under section 45 of that Act.
(10) The Agency shall make relevant information publicly available on the measures taken under subsection (6) or the necessary actions taken under subsection (7) or (8) upon the permanent cessation of an industrial emissions directive activity.
(11) In this section—
“baseline report” means information on the state of soil and groundwater contamination by relevant hazardous substances;
“soil” has the meaning given by section 86A(11).]
Annotations
Amendments:
F134
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 13.
F135[
Processing of applications for licences or reviews of licences.
87.—(1) Without prejudice to the requirements of any regulations under section 85 or 89—
(a) where an applications is to be made to the Agency for a licence under section 83, or the review of a licence or a revised licence under section 90, the applicant shall notify in writing the planning authority in whose functional area the activity is or will be situate and such other person (if any) as may be prescribed, and shall publish or give such notices as may be prescribed under section 89, and
(b) where the Agency proposes to review a licence or revised licence under section 90 of its own volition, it shall publish or give such notice as may be prescribed under section 89, and shall notify in writing the licensee and the planning authority in whose functional area the activity is situate and such other person (if any) as may be prescribed, of its intention to review the licence or revised licence.
F136[(1A) In subsections (1B) to F137[(1I)]—
“application for a licence” means an application made to the Agency—
(a) for a licence or a revised licence under this Part, or
(b) by the licensee under section 90(1)(b) for a review of a licence or a revised licence.
“application for permission” means—
(a) an application for permission for development under Part III of the Act of 2000,
(b) an application for approval for development under section 175, 177AE, F138[181(2A),] 181A, 182A, 182C or 226 of the Act of 2000, or
(c) an application for substitute consent under section 177E of the Act of 2000;
“grant of permission” means—
(a) a grant of permission for development under Part III of the Act of 2000,
(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Act of 2000, or
(c) a grant of substitute consent under section 177K of the Act of 2000.
(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required F138[or that involves development that is carried out or is proposed to be carried out F139[…] pursuant to an order made, or proposed to be made, under section 181(2)(a) of the Act of 2000 (in this section referred to as a “section 181(2)(a) order”),] the applicant shall furnish to the Agency—
(a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Pleanála, and in that case shall also furnish to the Agency either—
(i) a copy of the F140[environmental impact assessment report] where one is required by or under the Act of 2000 relating to that application for permission, or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Act of 2000 F138[or was exempted, in accordance with that Act, from being so required,]
or
(b) a copy of a grant of permission comprising or for the purposes of the activity to which the application for the licence relates that was issued by the planning authority concerned or An Bord Pleanála F138[or where a section 181(2)(a) order has been made, a copy of that order,] and in that case shall also furnish to the Agency either—
(i) where the planning authority or An Bord Pleanála, accepted or required the submission of an F140[environmental impact assessment report] in relation to the application for permission, a copy of the F140[environmental impact assessment report], or
(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Act of 2000 F138[or was exempted, in accordance with that Act, from being so required].
F141[(1C) Where an application for a licence is made to the Agency in respect of an activity referred to in subsection (1B) but the applicant does not comply with that subsection, the Agency shall refuse to consider that application and shall inform the applicant accordingly.]
(1D) The Agency, on receipt of an application for a licence where an F140[environmental impact assessment report] is required under subsection (1B)(a)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(a)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development comprising or for the purposes of the activity to which the application for a licence relates,
F141[(d) ensure that—
(i) a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence, or
(ii) a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for the licence relates or An Bord Pleánala has refused to grant approval under section 181(2L) of the Act of 2000 in respect of the development before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence.]
(1E) The Agency, on receipt of an application for a licence where an F140[environmental impact assessment report] is required under subsection (1B)(b)(i) shall—
(a) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Pleanála, as the case may be, that it has received an application to which subsection (1B)(b)(i) applies and request the planning authority or An Bord Pleanála to respond to the Agency within 4 weeks of receipt of the notice—
(i) stating whether the activity to which the application for a licence relates is permitted by the grant of permission referred to in subsection (1B)(b) F138[or by an approval granted under section 181(2L) of the Act of 2000, as the case may be,] and
(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to in subsection (1B)(b) F138[or an approval granted under section 181(2L) of the Act of 2000, as the case may be,] refers and any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,
(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before notifying under section 87(2) indicating its proposed determination in relation to the application for a licence,
(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the activity to which the application for a licence relates.
(1F) Where—
(a) a planning authority concerned or An Bord Pleanála gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a licence under section 83 or a review on the application of the licensee, under section 90(1)(b), of a licence or a revised licence, and
(b) the application for permission is accompanied by an F140[environmental impact assessment report] or in relation to which an F140[environmental impact assessment report] was sought by the planning authority or An Bord Pleanála,
the Agency shall—
(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an activity requiring a licence or a revised licence under section 83 or a review, on the application of the licensee under section 90(1)(b) of a licence or a revised licence,
(ii) forward to the planning authority or An Bord Pleanála, as the case may be, such observations as it has on the application for permission, including the F140[environmental impact assessment report], and
(iii) enter into such consultations with the planning authority or An Bord Pleanála in relation to the environmental impacts of the proposed development as the Agency, or planning authority or An Bord Pleanála, as the case may be, considers necessary to enable completion of the assessment.
(1G)(a) The environmental impact assessment required to be carried out by the Agency under section 83(2A), where an application for a licence is in respect of an activity that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Pleanála under the Act of 2000, may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Pleanála.
(b) Where an application for permission relates to development or proposed development comprising or for the purposes of an activity in respect of which a licence under this Part is required—
(i) in relation to which a grant of permission is required, which development is of a class prescribed by regulations made under section 176 of the Act of 2000 but does not exceed a quantity, area or limit prescribed under those regulations, and
(ii) in respect of which, the planning authority concerned or An Bord Pleanála is obliged under the Act of 2000 to make a determination whether an environmental impact assessment is required,
the Agency shall, when requested by the planning authority concerned or An Bord Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála in its deliberations in relation to the determination referred to in paragraph (ii) and shall accept the determination of the planning authority or An Bord Pleanála so made.
(1H)(a) Where the Agency receives an application for a licence in respect of an activity that involves development or proposed development for which a grant of permission is not required and the Agency, under section 83(2A) decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit an F140[environmental impact assessment report] and where the applicant fails to submit F142[such report] within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(b) Where an F140[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (a), the application for a licence shall be deemed to be made on the date of receipt by the Agency of the F140[environmental impact assessment report].
(c) Where an F140[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (a), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of F142[such report] notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the date of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the F140[environmental impact assessment report],
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before notifying under section 87(2) indicating its proposed determination in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]
F143[(1I)(a) This subsection applies—
(i) notwithstanding subsections (1B) to (1H),
(ii) to an application for a licence made to the Agency before 30 September 2012.
(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 83(2A) decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if an F140[environmental impact assessment report] was not submitted with the application for a licence, request the applicant to submit an F140[environmental impact assessment report] and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.
(c) Where an F140[environmental impact assessment report] is submitted to the Agency with the application for a licence or in accordance with a request under paragraph (b)—
(i) the Agency shall consider the content of the F140[environmental impact assessment report] and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed activity on the environment, and
(ii) if the Agency determines that the F140[environmental impact assessment report] and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—
(I) identify the manner in which the content of the F140[environmental impact assessment report] and other material is inadequate, and
(II) require the applicant for the licence to furnish, within the period specified in the notice, to the Agency additional information required to correct the inadequacy so identified.
(d) Where the applicant concerned fails to comply with a requirement under paragraph (c), the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing of such failure and that the application for a licence cannot be considered by the Agency.
(e) Where an F140[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (b), the application for a licence shall be deemed to be made on the date of receipt by the Agency of the F140[environmental impact assessment report] and this subsection shall continue to apply to the application for a licence notwithstanding that the date of receipt shall be on or after 30 September 2012.
(f) Where an F140[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (b), the Agency shall do the following—
(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the F140[environmental impact assessment report],
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 83(1) or section 90(2) in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.
(g) Where an F140[environmental impact assessment report] was submitted with the application for a licence, the Agency shall do the following—
(i) notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the F140[environmental impact assessment report],
(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 83(1) or section 90(2) in relation to the application for a licence, and
(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]
(2) Before making its decision under section 83 on an application for a licence, or under section 90 on the review of a licence or revised licence (including such a review conducted by it of its own volition) F144[including an application for a licence, within the meaning of subsection (1A), to which section 83(2A) applies], the Agency shall notify—
(a) the planning authority in whose functional area the activity is or will be situate,
F145[(aa) where An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a licence to which section 83(2A) applies is required, An Bord Pleanála,]
F138[(ab) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,]
(b) the applicant or the licensee, as the case may be,
(c) any person who made a written submission in relation to the application or the review, and
(d) such other persons as may be prescribed,
and that notification shall indicate the manner in which the Agency proposes to determine the application or the review and, where it is proposed to grant a licence or revised licence, specify where a copy of the proposed licence or proposed revised licence may be obtained.
(3) A notification provided for under subsection (2) shall, without prejudice to the requirements of any regulations under section 85, be given within the period of 8 weeks beginning on the date of receipt by the Agency of the application for a licence under section 83 or for the review of a licence or revised licence under section 90 or, in the case of a review of a licence by the Agency under section 90 of its own volition—
(a) unless paragraph (b) applies, on the date of publication of the notice under subsection (1)(b), in relation to the review,
(b) if the Agency has required under section 90(7) documents, particulars or other information to be furnished, on the date on which that requirement is complied with or, if that requirement is not complied with within the period specified in the requirement in that behalf, on the date immediately following the expiry of that period.
F146[(3A)(a) Notwithstanding subsection (3), in relation to an application for a licence within the meaning of subsection (1A), to which subsection F147[(1B) or (1I) applies], the Agency may extend the period of 8 weeks referred to in subsection (3) by such period as the Agency, in consultation with the planning authority concerned or An Bord Pleanála, as the case may be, considers necessary for completion of consultations referred to in subsection (1D), (1E), F147[(1F), (1H) or (1I)] with the planning authority or An Bord Pleanála or to enable the Agency to comply with subsection (1D)(d).
(b) The Agency shall give notice in writing of the extension of the period under paragraph (a) to a person referred to in paragraph (a), (aa), (b), (c) or (d) of subsection (2).]
F148[(3B)(a) Notwithstanding subsection (3), in relation to an application for a licence within the meaning of subsection (1A), to which subsection (1I) applies, the Agency may extend the period of 8 weeks referred to in subsection (3) by such period as the Agency considers necessary to enable the Agency to comply with subsection (1I).
(b) The Agency shall give notice in writing of the extension of the period under paragraph (a) to a person referred to in paragraph (a), (aa), (b), (c) or (d) of subsection (2).]
(4) The Agency shall, in relation to an application for a licence, or the review of a licence or revised licence—
(a) in case no objection is taken against the proposed determination as indicated under subsection (2), or
(b) in case an objection or objections is or are taken against the proposed determination as indicated under subsection (2) and the objection or objections is or are withdrawn,
make its decision in accordance with the proposed determination as indicated under subsection (2) and, where it is proposed to grant a licence or revised licence, grant the licence or revised licence as soon as may be after the expiration of the appropriate period.
(5) Any person may, subject to compliance with the requirements of any regulations under sections 89 and 99A at any time before the expiration of the appropriate period, object to the proposed determination as indicated under subsection (2), and shall include with the objection the grounds for the objection.
(6) (a) A person making an objection under subsection (5) may request an oral hearing of the objection.
(b) (i) A request for an oral hearing of an objection shall be made in writing to the Agency and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations under section 99A.
(ii) A request for an oral hearing of an objection which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Agency.
(c) A request for an oral hearing of an objection shall be made before the expiration of the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.
(7) An objection, or a request for an oral hearing under subsection (6), shall be made—
(a) by sending the objection or request by prepaid post to the headquarters of the Agency, or
(b) by leaving the objection or request with an employee of the Agency, at the headquarters of the Agency, during office hours, or
(c) by such other means as may be prescribed.
(8) (a) Where a request for an oral hearing of an objection is made in accordance with subsection (7), or otherwise where an objection has been made, the Agency shall have an absolute discretion to hold an oral hearing in relation to the objection and the related matters and, if it decides to hold such a hearing, it shall give notice in writing of that decision to—
(i) the applicant, or in the case of a review, the licensee,
(ii) the local authority in whose functional area the activity the subject matter of a licence application or review will be or is situate,
F149[(iia) where a planning authority concerned or An Bord Pleanála is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a licence to which section 83(2A) applies is required, the planning authority or F141[An Bord Pleanála,]]
F138[(iib) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,]
(iii) any person who requested an oral hearing, and
(iv) such other person as may be prescribed.
(b) Where the Agency decides not to hold an oral hearing under this subsection, it shall give notice in writing of its decision and of the reasons for the decision to the person who requested the oral hearing.
(9) It shall be a duty of the Agency to ensure that a decision by it to hold an oral hearing, and a decision by it on the application for a licence or on the review referred to in subsection (2) of a licence or revised licence whether or not an oral hearing has been held, shall be given as expeditiously as may be and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the consideration of objections.
F150[(9a) Before making a decision referred to in section 83(1) or 90(2) in relation to an application for a licence in respect of which an environmental impact assessment is required under section 83(2A), the Agency shall—
(a) duly take into account—
(i) the environmental impact assessment report submitted under section 83(2A)(d),
(ii) any additional information furnished under section 83(2A)(e) and (f)(ii)(II),
(iii) any submissions made in relation to the likely significant effects on the environment of the activity to which the application relates, and
(iv) in the case of an application to which section 85 applies the results of consultations with the other Member States concerned,
(b) consider any other evidence that it has obtained under this Part in relation to the likely significant effects on the environment of the activity to which the application relates, and
(c) taking into account the results of the examination referred to in paragraphs (a) and (b), reach a reasoned conclusion on the significant effects on the environment of the activity to which the application relates.
(9b) The Agency shall be satisfied that the reasoned conclusion referred to in subsection (9a) is still up to date when it makes a decision referred to in section 83(1) or 90(2) in relation to an application for a licence in respect of which an environmental impact assessment is required under section 83(2A) and shall incorporate into the decision—
(a) the reasoned conclusion, and
(b) any environmental conditions attached to the decision, a description of any features of the project or measures envisaged to avoid, prevent or reduce and, where possible, offset significant adverse effects on the environment and any appropriate monitoring measures.
(9c) The Agency shall make any feature of the project or measure envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure incorporated into a decision under subsection (9b) a condition of any licence granted on foot of the decision.]
F151[(9A) When—
(a) in relation to an application for a licence under this Part a decision to grant or refuse the licence has been taken, or
(b) a decision is made on the review of a licence or a revised licence under section 90(1)(b) on the application of a licensee,
the Agency, in accordance with regulations under section 89, shall inform the persons referred to in or prescribed under subsection (2), including the public, of its decision and shall make available the following information:
(i) the content of the decision and any conditions attached thereto;
(ii) an evaluation, subject to section 83(2A), of the direct and indirect effects of the activity or proposed activity on the factors referred to in F152[subparagraphs (I) to (IV) of paragraph (ii)] of the definition of environmental impact assessment in section 83(2A)(a) and the interaction between those factors;
(iii) having examined any submission or observation made to the Agency—
F153[(I) the main reasons and considerations on which the decision (including, in the case of an application in respect of which an environmental impact assessment is required under section 83(2A), a decision to refuse an application) is based, and]
(II) the main reasons and considerations for the attachment of any conditions,
including reasons and considerations arising from or related to submissions or observations made by a member of the public F154[and, in the case of an application in respect of which an environmental impact assessment is required under section 83(2A), a summary of the results of the consultations and the information gathered pursuant to section 83(2A) and section 85 together with a description of how these results have been incorporated into the decision or otherwise;]
(iv) a description, where necessary, of the main measures to be taken to avoid, reduce and, if possible, offset the major adverse effects of the activity or proposed activity;
(v) any reports referred to in section 83(2A)(g);
(vi) information on the procedures available to the persons referred to in or prescribed under subsection (2), including the public, to review the substantive and procedural legality of the decision.]
F155[(10) (a) Subject to paragraph (b), a person shall not, by application for judicial review or in any other legal proceedings whatsoever, question the validity of a decision of the Agency to grant or refuse a licence or revised licence (including a decision of it to grant or not to grant such a licence on foot of a review conducted by it of its own volition) unless the proceedings are instituted within the period of 8 weeks beginning on the date on which the licence or revised licence is granted or the date on which the decision to refuse or not to grant the licence or revised licence is made.
(b) Where, on application to the High Court, the Court considers that in the particular circumstances there is good and sufficient reason for doing so, the Court may extend the period referred to in paragraph (a).]
F156[(c) The High Court shall not grant leave for judicial review under this section unless it is satisfied that:
(i) the applicant has a sufficient interest in the matter which is the subject of the application, or
(ii) the applicant—
(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and
(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.
(d) A sufficient interest for the purposes of subparagraph (i) of paragraph (c) is not limited to an interest in land or other financial interest.
(e) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice.
(f) In paragraph (c) “State authority, a public authority or governmental body or agency” means—
(i) a Minister of the Government;
(ii) the Commissioners of Public Works in Ireland;
(iii) a harbour authority within the meaning of the Harbours Act 1946;
(iv) a local authority within the meaning of the Local Government Act 2001;
(v) the Health Service Executive;
(vi) a person established—
(I) by or under any enactment (other than the Companies Acts),
(II) by any scheme administered by the Government, or
(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;
(vii) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.]
(11) The provisions of this section shall not, to such extent as may be prescribed, apply to an application for a licence, or to the review (including a review by the Agency of its own volition) of a licence or revised licence, to discharge to a sewer.
(12) In this section, “the appropriate period” means the period of 28 days beginning on the day on which notification is sent under subsection (2) in respect of the matter concerned.
(13) When calculating the appropriate period or any other time limit under this Act or in any regulations made under this Act, the period between the 24th day of December and the 1st day of January, both days inclusive, shall be disregarded.]
Annotations
Amendments:
F135
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F136
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 5(1)(a), in effect as per reg. 1(2), with application as per regs. 4(2), 9.
F137
Substituted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 4, with application as per reg. 7.
F138
Inserted (23.08.2022) by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 41 (a), (b), (e), (f), (g)(ii), S.I. No. 420 of 2022.
F139
Deleted (24.08.2022) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2022 (S.I. No. 421 of 2022), reg. 3, in effect as per reg. 2.
F140
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 4(a).
F141
Substituted (23.08.2022) by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 41(c), (d), (g)(i), S.I. No. 420 of 2022.
F142
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 4(d).
F143
Inserted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 5(1)(a), with application as per reg. 7.
F144
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 5(1)(b)(i), in effect as per reg. 1(2), with application as per reg. 9.
F145
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 5(1)(b)(ii), in effect as per reg. 1(2), with application as per reg. 9.
F146
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 5(1)(c), in effect as per reg. 1(2), with application as per reg. 9.
F147
Substituted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 5(1)(b), with application as per reg. 7.
F148
Inserted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 5(1)(c), with application as per reg. 7.
F149
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 5(1)(d), in effect as per reg. 1(2), with application as per reg. 9.
F150
Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 6(a).
F151
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 5(1)(e), in effect as per reg. 1(2), with application as per reg. 9.
F152
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 6(b).
F153
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 6(c).
F154
Inserted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 6(d).
F155
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(iii), S.I. No. 846 of 2007.
F156
Inserted (23.07.2014) by European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014), reg. 3.
Modifications (not altering text):
C34
Regulations or obligations under subs. (2) deemed unaffected (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 5(2), in effect as per reg. 1(2), with application as per reg. 9; extended to applications to which S.I. No. 457 of 2012 apply (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 7(2).
European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012)
5. …
(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2),
pursuant to the amendments to section 87 of that Act effected by paragraph (1).
…
9. These Regulations apply to an application for a licence or an application by the licensee for the review of a licence or a revised licence under Part IV of the Act of 1992 made to the Environmental Protection Agency on or after the day of the coming into operation of these Regulations.
…
European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012)
7. ….
(2) Notwithstanding Regulation 9 of the Regulations of 2012, the amendments to the Act of 1992 effected by the following regulations of the Regulations of 2012 apply to an application to which these Regulations apply:
(a) Regulation 3;
(b) Regulation 4(1) and (2), insofar as they relate to—
(i) paragraph (a), (b), (c), (d), (e) or (g) of subsection (2A),
(ii) paragraph (e)(i) of subsection (3), and
(iii) paragraph (aa) of subsection (4),of section 83 of the Act of 1992,
(c) Regulation 5(1) and (2), insofar as they relate to—
(i) the definition of “application for a licence” inserted in subsection (1A),
(ii) subsection (2) and (2)(aa),
(iii) subsection (8)(a)(iia), and
(iv) subsection (9A),of section 87 of the Act of 1992,
(d) Regulation 6(1) and (2), insofar as they relate to subsection (2) of section 89 of the Act of 1992.
Editorial Notes:
E291
Section amended (25.01.2019) by European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 (S.I. No. 4 of 2019), reg. 7, in effect as per reg. 1(2); set aside as ultra vires the European Communities Act 1972 (27/1972), s. 3 by Friends of the Irish Environment Limited v. Minister for Communications, Climate Act and Environment and Others [2019] IEHC 646 para. 221 and [2019] IEHC 685 para. 11.
E292
Previous affecting provision: power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E293
Previous affecting provision: requirement for information on the environment held by public authorities to be made available notwithstanding section and any regulations made thereunder provided (1.05.1998) by European Communities Act, 1972 (Access To Information on The Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), in effect as per reg. 2; revoked (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 2(2), in effect as per reg. 1(2).
E294
Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E295
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).
E296
Previous affecting provision: subs. (2)(d), (2)(e) substituted (13.04.1994) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1994 (S.I. No. 84 of 1994), reg. 14(a), in effect as per reg. 2(1); section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E297
Previous affecting provision: subs. (2)(f)(iii), (2)(f)(iv) inserted (13.04.1994) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1994 (S.I. No. 84 of 1994), reg. 14(b), in effect as per reg. 2(1); section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E298
Previous affecting provision: subs. (2)(h) substituted (13.04.1994) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1994 (S.I. No. 84 of 1994), reg. 14(c), in effect as per reg. 2(1); section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F157[Oral hearing and written report.
88.—(1) (a) An oral hearing provided for in section 87 shall be conducted by a person or persons appointed for that purpose by the Agency.
(b) Subject to any regulations under subsection (5), the manner in which a hearing aforesaid is conducted shall be at the discretion of the person or persons appointed under this subsection but it shall be the duty of that person or those persons, as the case may be, to ensure that the hearing is conducted without undue formality.
(2) The person or persons appointed under subsection (1) may take evidence on oath or affirmation at the oral hearing and for that purpose may administer oaths or affirmations, and a person giving evidence at such a hearing shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(3) The person or persons appointed under subsection (1) shall make a written report on the objection or the objections made under section 87(5) and the hearing to the Agency and shall include in the report a recommendation relating to the grant or refusal of a licence or a revised licence and, where appropriate, the conditions to be attached to the licence or revised licence.
(4) The Agency shall consider a report made under subsection (3) before making a decision on the application for a licence, or on the review of a licence or revised licence.
(5) The Minister may make regulations in relation to the conduct of an oral hearing and the procedures at such a hearing.]
Annotations
Amendments:
F157
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Editorial Notes:
E299
Power pursuant to subs. (5) exercised (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013).
E300
Power pursuant to subs. (5) exercised (23.04.2013) by Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. No. 137 of 2013).
E301
Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994), in effect as per reg. 2.
E302
Previous affecting provision: specified standards for the purposes of a review under subs. (4) prescribed (1.07.2001) by Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001), reg. 5(2), in effect as per reg. 1(2); revoked (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), reg. 70, in effect as per reg. 1(2).
E303
Previous affecting provision: provision for review of licences in certain circumstances under subs. (1) granted (11.03.1998) by European Communities (Licensing of Incinerators of Hazardous Waste) Regulations 1998 (S.I. No. 64 of 1998), reg. 6; section substituted as per F-note above.
E304
Previous affecting provision: power pursuant to section exercised (2.05.1995) by Environmental Protection Agency (Licensing) (Amendment No. 2) Regulations 1995 (S.I. No. 76 of 1995), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
F158[
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 of subsection (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 under section 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, including F159[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,
F160[(dd) specifying information to be contained in a baseline report for the purposes of section 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, such additional information or particulars relating to applications, including environmenttal impact statements, or reviews as the Agency may request,
F161[(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 of section 83(2A)(e).]
(f) without prejudice to the requirements of any regulations under section 85, extending the period within which a notification to which section 87(3) refers shall be published—
(i) to 8 weeks beginning on the date on which a request for additional information, particulars or evidence under paragraph (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 an F159[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.
(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 the convicted 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 environment1.
(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.]
Annotations
Amendments:
F158
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F159
Substituted (27.05.2020) by European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020 (S.I. No. 191 of 2020), reg. 4(a).
F160
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 14.
F161
Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 6(1), in effect as per reg. 1(2), with application as per reg. 9.
Modifications (not altering text):
C35
Regulations or obligations under section deemed unaffected (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), regs. 6(2), in effect as per reg. 1(2), with application as per reg. 9; extended to applications to which S.I. No. 457 of 2012 apply (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 7(2).
European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012)
6. …
(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—
(a) restricting the Agency from performing its functions, or
(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2),
pursuant to the amendments to section 89 of that Act effected by paragraph (1).
…
9. These Regulations apply to an application for a licence or an application by the licensee for the review of a licence or a revised licence under Part IV of the Act of 1992 made to the Environmental Protection Agency on or after the day of the coming into operation of these Regulations.
…
European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012)
7. ….
(2) Notwithstanding Regulation 9 of the Regulations of 2012, the amendments to the Act of 1992 effected by the following regulations of the Regulations of 2012 apply to an application to which these Regulations apply:
(a) Regulation 3;
(b) Regulation 4(1) and (2), insofar as they relate to—
(i) paragraph (a), (b), (c), (d), (e) or (g) of subsection (2A),
(ii) paragraph (e)(i) of subsection (3), and
(iii) paragraph (aa) of subsection (4),of section 83 of the Act of 1992,
(c) Regulation 5(1) and (2), insofar as they relate to—
(i) the definition of “application for a licence” inserted in subsection (1A),
(ii) subsection (2) and (2)(aa),
(iii) subsection (8)(a)(iia), and
(iv) subsection (9A),of section 87 of the Act of 1992,
(d) Regulation 6(1) and (2), insofar as they relate to subsection (2) of section 89 of the Act of 1992.
C36
Requirement for information on the environment held by public authorities to be made available provided (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(c), in effect as per reg. 1(2).
Scope
4.
(2) Notwithstanding— …
(c) sections 6 and 89 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) (as amended by the Protection of the Environment Act 2003 (No. 27 of 2003)) and any regulations made thereunder,
environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.
Editorial Notes:
E305
Power pursuant to section exercised (25.08.2022) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2022 (S.I. No. 423 of 2022), in effect as per reg. 2.
E306
Power pursuant to section exercised (25.08.2022) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2022 (S.I. No. 422 of 2022), in effect as per reg. 2.
E307
Power pursuant to section exercised (27.05.2020) by Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020 (S.I. No. 190 of 2020).
E308
Power pursuant to section exercised (27.05.2020) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) (Amendment) Regulations 2020 (S.I. No. 189 of 2020).
E309
Power pursuant to section exercised (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013).
E310
Power pursuant to section exercised (23.04.2013) by Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. No. 137 of 2013).
E311
Previous affecting provision: power pursuant to section exercised (27.07.2010) by Large Combustion Plants Regulations 2010 (S.I. No. 371 of 2010), in effect as per reg. 2; revoked (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(b), in effect as per reg. 2.
E312
Previous affecting provision: power pursuant to section exercised (13.07.2010) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2010 (S.I. No. 351 of 2010), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).
E313
Previous affecting provision: power pursuant to section exercised (23.09.2008) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2008 (S.I. No. 382 of 2008), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in reg. 42(2).
E314
Previous affecting provision: power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).
E315
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).
1 O.J. No. L175, 05.07.1985, p.40.
F162[
Review of licences.
90.—(1) The Agency—
(a) shall, subject to subsections (4) and (5) and section 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 revised F163[licence,]
F164[(aa) in addition to its functions under paragraph (a), in the case of an industrial emissions directive activity, and subject to subsections (4) and (5) and section 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 the Agency 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 under subparagraph (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 in subparagraph (ii) of subsection (2)(b) to a revised licence includes—
(a) a reference to a licence or revised licence in relation to which the powers under subsection (2)(a)(ii have been exercised, and
(b) a reference to a revised licence previously granted or, as the case may be, last previously granted under subparagraph (ii) of subsection (2)(b).
(4) Notwithstanding anything in subsection (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,
F165[(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 made after 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 under section 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 under section 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 under section 51 of the Air Pollution Act 1987, in relation to any emission from the activity to which the licence relates,
(d) regulations under section 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 under the European Communities Act 1972, or any other enactment, or
(f) relevant regulations under section 106 are made in relation to any noise emissions from the activity to which the licence relates,
the Agency shall, where necessary and notwithstanding anything in subsection (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 is F166[situate,]
F167[(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.]
F168[(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 under subsection (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 under Part IVB.]
Annotations
Amendments:
F162
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F163
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(a)(i).
F164
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(a)(ii).
F165
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(b).
F166
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(c)(i).
F167
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(c)(ii).
F168
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(d).
Modifications (not altering text):
C37
Application of section restricted by Waste Management Act 1996 (10/1996), s. 76A(10), as inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 28.
Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.
76A.(1) In this section—
“earlier Part V” means Part V as it had effect before the coming into operation of the European Union (Industrial Emissions) Regulations 2013;
“licence or revised licence” means a licence or revised licence under Part IV of the Act of 1992.
(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless—
(a) on the coming into operation of this section a waste licence or revised waste licence under the earlier Part V is in force in relation to the activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and
(ii) on or before 7 January 2014—
(I) a waste licence or revised waste licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject to subsection (6), is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and
(II) the licensee concerned commences carrying on the activity.
(3) Subsection (2) applies to any of the following activities:
(a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EU1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as “Directive 2008/1/EC”) applies to the activity;
(b) an activity specified in paragraph 11.4(a)(i) or (ii) or paragraph 11.5 of the First Schedule to the Act of 1992.
(4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless—
(a) on the coming into operation of this section a waste licence or revised waste licence granted under the earlier Part V is in force in relation to that activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and
(ii) on or before 7 July 2015—
(I) a waste licence or revised waste licence licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and
(II) the licensee concerned commences carrying on the activity.
(5) Subsection (4) applies to any of the following activities:
(a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EC does not apply to the activity;
(b) an activity specified in paragraph 11.4(a)(iii), 11.4(a)(iv), 11.4(a)(v), 11.4(b), 11.6 or 11.7 of the First Schedule to the Act of 1992.
(6)(a) Where an application to which subsection (2)(b) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V.
(b) Where an application to which subsection (2)(b) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.
(7)(a) Where an application to which subsection (4)(b) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V.
(b) Where an application to which subsection (4)(b) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.
(8) A waste licence or revised waste licence referred to in subsection (2)(a) in force on the coming into operation of this section or (2)(b) and granted in accordance with subsection (6)(a) under the earlier Part V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—
(a) examined the terms of every waste licence and revised waste licence referred to in subsection (2)(a) or (2)(b) which was granted under the earlier Part V and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(9) A waste licence or revised waste licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—
(a) examined the terms of every waste licence and revised waste licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part V and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(10)(a) None of the requirements of section 90 of the Act of 1992 shall apply to the exercise of the power under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before exercising the power.
(b) Where the Agency considers that it is necessary for the purpose of performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.
(c) The Agency shall, as soon as may be after the exercise of the power under subsection (8) or (9), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency under section 42(3) in relation to any exercise of the powers under section 40 or 46 as respects the waste licence or revised waste licence concerned.
(11) If the bringing into conformity with the Industrial Emissions Directive of a waste licence or revised waste licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the waste licence or revised waste licence (and the making of the amendment will not significantly alter the character of the licence) then the Agency shall make those amendments of the conditions of or schedules to the waste licence or revised waste licence (which, by virtue of this subsection, it has power to do).
(12) On and from the performance of its functions by the Agency under subsection (8) or (9)—
(a) Part IV of the Act of 1992 applies to the licence in relation to which the Agency has made its determination under either subsection,
(b) the licence concerned shall be deemed to have been granted under Part IV of the Act of 1992, and
(c) the licence concerned shall not be a waste licence or a revised waste licence.
Editorial Notes:
E316
Previous affecting provision: application of subs. (4)(a) restricted (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a), in effect as per reg. 2(1).
F169[
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.]
Annotations
Amendments:
F169
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F170[
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 in paragraph (a) or (b) of subsection (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 of subsection (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 of subsection (1) the period referred to in that subsection or specified by it under paragraph (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.]
Annotations
Amendments:
F170
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F171[
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.]
Annotations
Amendments:
F171
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Modifications (not altering text):
C38
Functions under subs. (1) transferred and references construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under —
(a) the provisions of the enactments specified in the Schedule, and
…
are transferred to the Minister for Public Expenditure and Reform.
4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 7 of 1992
Environmental Protection Agency Act 1992
Sections 93(1) and 94(3)
…
…
…
F172[
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 under subsection (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 under subsection (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 under section 83 a like licence to the licence or revised licence concerned,
(b) that the proposed transferee has complied with any requirements under section 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.]
Annotations
Amendments:
F172
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Modifications (not altering text):
C39
Functions under subs. (3) transferred and references construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under —
(a) the provisions of the enactments specified in the Schedule, and
…
are transferred to the Minister for Public Expenditure and Reform.
4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 7 of 1992
Environmental Protection Agency Act 1992
Sections 93(1) and 94(3)
…
…
…
Editorial Notes:
E317
Power pursuant to section exercised (3.09.1996) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1996 (S.I. No. 239 of 1996), in effect as per reg. 2.
E318
Power pursuant to section exercised (3.04.1995) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 1995 (S.I. No. 60 of 1995), in effect as per reg. 2.
E319
Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994), in effect as per reg. 2.
F173[
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 that purpose 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 under section 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 of subsection (3), the Agency may, by notice in writing served on the person, require a person who has made an application to it under subsection (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 under paragraph (b) of subsection (3) and to the results of an inspection under paragraph (a) of that subsection and of any monitoring, sampling and investigation required to be carried out under subsection (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 under subsection (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 under subsection (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.]
Annotations
Amendments:
F173
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F174[
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 of section 83(5) ceasing to be satisfied.
(2) None of the requirements of section 90 or of any other provision of this Part shall apply to the exercise of the power under subsection (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 under subsection (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 under section 83 or 90 as respects the licence or revised licence concerned.]
Annotations
Amendments:
F174
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Editorial Notes:
E320
Previous affecting provision: subs. (4) repealed (1.07.1996) by Waste Management Act 1996 (10/1996), s. 6(1) and sch. 5 part 1, S.I. No. 192 of 1996; section substituted as per F-note above.
F175[
Mass balances of specified substances.
96A.—F176[…]]
Annotations
Amendments:
F175
Inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 64, S.I. No. 192 of 1996.
F176
Repealed (Part substituted) (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Editorial Notes:
E321
Previous affecting provision: the section title was taken from the amending section in absence of one included in the amendment.
F177[
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 in section 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 of section 90 or of any other provision of this Part shall apply to the exercise of the power under subsection (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.]
Annotations
Amendments:
F177
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Modifications (not altering text):
C40
Application of section extended (1.07.1996) by Waste Management Act 1996 (10/1996), s. 52, S.I. No. 192 of 1996.
Discharges to sewers.
52.—Section 97 of the Act of 1992 shall apply in relation to the grant of a waste licence under this Part as if a reference in that section to a licence or revised licence were a reference to a waste licence under this Part.
F178[
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 under section 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 under subsection (1) shall specify measures, that are complementary to those measures referred to in section 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.]
Annotations
Amendments:
F178
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 16.
F179[
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 under section 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 under subsection (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 under paragraph (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 under subsection (1) until the date that the Agency gives a notice under subsection (3), the licence concerned shall be deemed to be suspended and section 97 shall apply as appropriate in relation to that suspension.]
Annotations
Amendments:
F179
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 17.
F180[
Alterations of activity.
98.—(1) The person in charge of—
(a) F181[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 in subsection (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 under paragraph (a) or (b) of subsection (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 within paragraph (c), the person in charge shall not effect the alteration or reconstruction unless and until the powers under paragraph (a) or (b) of that subsection (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 in subsection (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 under section 90 and exercise the powers under paragraph (a) or (b) of subsection (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 under paragraph (a) or (b) of that subsection (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 to subsection (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 at subsection (1), inform the person accordingly, and
(b) proceed to complete the review of the licence or revised licence and exercise the appropriate powers under subsection (2) of section 90 in 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 of section 15 of 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 that section 15,
(b) that alteration or reconstruction was not required to be notified to the Agency under section 92(1) of the previous Part 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 under subsection (1).
(6) If a notice is given to the Agency under and in accordance with subsection (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 in subsection (2) or (3), it becomes unlawful or unlawful, otherwise than in specified circumstances, to carry on the activity.]
Annotations
Amendments:
F180
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F181
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 18.
Editorial Notes:
E322
Previous affecting provision: subs. (1) substituted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 256(a), S.I. No. 599 of 2001; section substituted as per F-note above.
E323
Previous affecting provision: subs. (1A)-(1F) inserted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 256(a), S.I. No. 599 of 2001; section substituted as per F-note above.
E324
Previous affecting provision: subs. (3)(a) amended (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 256(b), S.I. No. 599 of 2001; section substituted as per F-note above.
F182[
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 in subsection (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 under section 90 and exercise the powers under paragraph (a)or (b) of subsection (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 within paragraph (c), the person in charge shall not effect the alteration, reconstruction or extension unless and until the powers under paragraph (a) or (b) of that subsection (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 in subsection (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 under paragraph (a) or (b) of subsection (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 under paragraph (a) or (b) of that subsection (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 to subsection (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 at subsection (1), inform the person accordingly, and
(b) proceed to complete the review of the licence or revised licence and exercise the appropriate powers under subsection (2) of section 90 in 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 of subsection (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.]
Annotations
Amendments:
F182
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 19.
F183[
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 of subsection (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.]
Annotations
Amendments:
F183
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Modifications (not altering text):
C41
Functions under subs. (1) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 7 of 1992
Environmental Protection Agency Act 1992
Sections 27(12) and (13), 41(5), 46, 50(1) and (2), 99(1) and 99A(3)
…
…
…
Editorial Notes:
E325
Power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing Fees) Regulations 1994 (S.I. No. 130 of 1994), in effect as per reg. 2.
E326
Previous affecting provision: power pursuant to section exercised (16.05.1994) by Environmental Protection Agency (Licensing) Regulations 1994 (S.I. No. 85 of 1994), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, , subject to transitional provision in reg. 42(2).
F184[
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 under section 83,
F185[(b) reviews of licences or revised licences carried out under section 90(1)(b),]
(c) reviews carried out pursuant to determinations under section 82(10)(b),
(d) examinations carried out under section 82(10)(a),
(e) an objection made to the Agency under section 87(5),
(f) a request for an oral hearing under section 87,
(g) an application made to the Agency in relation to the extension for the purposes of section 92 of a period mentioned in that section,
(h) applications for the transfer of licences or revised licences under section 94,
(i) applications for the surrender of licences or revised licences under section 95,
(j) the operation of an accreditation scheme or an analytical quality control programme under section 66,
(k) the operation of a labelling scheme under section 78,
(l) the operation of a system of control for the prevention or limitation of noise F185[under section 106,]
(m) the operation of a system of control over genetically modified organisms under section 111,
F186[(n) reviews of licences or revised licences carried out under section 90(1)(a),
(o) reviews of licences or revised licences carried out under section 90(1)(aa),
(p) reviews of licences or revised licences carried out under section 90(4),
(q) reviews of licences or revised licences carried out under section 90(5), or
(r) notwithstanding section 96(2), amendments of licences or revised licences under section 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.
F185[(3) Regulations under paragraph (a), (b), (c), (n), (o), (p), (q) or (r) of subsection (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.]]
F186[(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.]
Annotations
Amendments:
F184
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F185
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 29 (a)(i), (a)(ii), (b), S.I. No. 358 of 2015.
F186
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 29 (a)(iii), (c), S.I. No. 358 of 2015.
Modifications (not altering text):
C42
Functions under subs. (3) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 7 of 1992
Environmental Protection Agency Act 1992
Sections 27(12) and (13), 41(5), 46, 50(1) and (2), 99(1) and 99A(3)
…
…
…
Editorial Notes:
E327
Power pursuant to section exercised (24.07.2013) by Environmental Protection Agency (Licensing Fees) Regulations 2013 (S.I. No. 284 of 2013).
E328
Power pursuant to section exercised (1.06.2006) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2006 (S.I. No. 278 of 2006), in effect as per reg. 2.
E329
Power pursuant to section exercised (12.07.2004) by Environmental Protection Agency (Licensing Fees) (Amendment) Regulations 2004 (S.I. No. 410 of 2004), in effect as per reg. 2.
F187[
Special cases.
99B.—(1) The Minister may, by order, as respects any process, development or operation that is not specified in the First Schedule, do both of the following, namely, provide that—
(a) any requirement under—
(i) Part III of the Air Pollution Act 1987,
(ii) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F188[…]
(iii) section 171 of F189[the Fisheries (Consolidation) Act 1959, or],
F190[(iv) section 63 or 81 of 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 of subsection (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.]
Annotations
Amendments:
F187
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F188
Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(iv)(I), S.I. No. 846 of 2007.
F189
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(iv)(I), S.I. No. 846 of 2007.
F190
Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(iv)(II), S.I. No. 846 of 2007.
F191[
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 under subsection (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.]
Annotations
Amendments:
F191
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F192[
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 in paragraphs (a) and (b) as may be specified in the regulations.
(2) Without prejudice to the generality of subsection (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 this section in such manner and subject to such conditions as may be prescribed.]
Annotations
Amendments:
F192
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F193[
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 with subsection (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 of subsection (1) had been satisfied.
(3) Subject to subsection (4), a consent under subsection (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 incurred by 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.]
F194[(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.]
Annotations
Amendments:
F193
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F194
Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(v), S.I. No. 846 of 2007.
Modifications (not altering text):
C43
Prospective affecting provision: provision for functions under section to be discharged by Water Services Act 2007 (30/2007), s. 63(4), not commenced as of date of revision.
Licensing of discharges to sewers.
64. …
(4) A water services authority shall take all such steps as may be appropriate in the discharge of its functions under this section, and under section 99E of the Act of 1992 as inserted by section 15 of the Protection of the Environment Act 2003, to ensure that the requirements of Schedule 2 are complied with in respect to the discharge of relevant waste water, and shall review, and if necessary revise, any licence concerned at intervals provided for in section 65.
…
C44
Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.
Transfer of functions from sanitary authorities.
39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.
…
Transfer of functions from water service authorities to Irish Water
7. ….
(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
F195[
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 been granted 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 34 F196[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 34 F196[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 unacceptable F197[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) F198[…]
(4) F198[…]
(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 of subsection (5), regulations under this section may provide for 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
F196[(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.]
Annotations
Amendments:
F195
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F196
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79(a), (b)(i), (d), S.I. No. 475 of 2011.
F197
Substituted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79(b)(ii), S.I. No. 475 of 2011.
F198
Deleted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 7, in effect as per reg. 1(2), with application as per reg. 9.
F199
Substituted by Minerals Development Act 2017 (23/2017), s. 247(a)(i), (ii), not commenced as of date of revision.
F200
Substituted by Minerals Development Act 2017 (23/2017), s. 247(b), not commenced as of date of revision.
F201
Substituted by Minerals Development Act 2017 (23/2017), s. 247(c), not commenced as of date of revision.
Modifications (not altering text):
C45
Prospective affecting provision: subs. (8) amended, subs. (9)(b) inserted and subs. (10) amended by Minerals Development Act 2017 (23/2017), s. 247(a)(i), (ii), (b), (c), not commenced as of date of revision.
(8) Notwithstanding the provisions of F199[the Minerals Development Act 2017], where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a F199[mining licence under that Act] 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) …
F200[(b) a mining licence under the Minerals Development Act 2017,
…]
(10) The grant of a permission F201[or mining licence] 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.
Editorial Notes:
E330
Previous affecting provision: subs. (3) amended (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 79(c), S.I. No. 475 of 2011.
F202[
Transitional arrangements.
99G.—(1) Without prejudice to the requirements of F203[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 of the Air Pollution Act 1987,
(b) section 4 or 16 of the Local Government (Water Pollution) Act 1977, F204[…]
(c) section 171 of F205[the Fisheries (Consolidation) Act 1959, or]
F206[(d) section 63 or 81 of 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 in paragraph (a), (b) or (c), have regard to the conditions (if any) attached to such licence and the costs in relation to 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 of section 15 of 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 in subsection (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 of subsection (2), make regulations providing that such functions conferred by the enactments mentioned in subsection (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 of section 15 of the Protection of the Environment Act 2003, there is an application for a licence or a review of a licence under an enactment mentioned in paragraph (a), (b) or (c) of subsection (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 in subsection (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 under section 34 of the Air Pollution Act 1987, or section 8 or 20 of the Local Government (Water Pollution) Act 1977, as inserted by the 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.]
Annotations
Amendments:
F202
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F203
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 20.
F204
Deleted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(vi)(I), S.I. No. 846 of 2007.
F205
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(vi)(I), S.I. No. 846 of 2007.
F206
Inserted (31.12.2007) by Water Services Act 2007 (30/2007), s. 107(e)(vi)(II), S.I. No. 846 of 2007.
Modifications (not altering text):
C46
Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.
Transfer of functions from sanitary authorities.
39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.
…
Transfer of functions from water service authorities to Irish Water
7. ….
(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
F207[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 section which, at the time of the making of the application, it was satisfied it had jurisdiction to deal with.
(e) Where an application is transferred under paragraph (c) to the High Court, the High Court shall be deemed to have made any order made under subsection (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.]
Annotations
Amendments:
F207
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F208[PART IVA
Water Pollution]
Annotations
Amendments:
F208
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 16, S.I. No. 393 of 2004.
F209[
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 substances1;
“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 by Part IV to 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 to section 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 with subsection (6).
(5) Without prejudice to section 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 under section 83(1) on an application for a licence, or under section 90 on 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) Notwithstanding subsection (1)(a) of section 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.]
Annotations
Amendments:
F209
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 16, S.I. No. 393 of 2004.
1 O.J. No. L20, 26.01.1980, pp 43-48.
F210[Part IVB
Environmental Inspection Plan]
Annotations
Amendments:
F210
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 21.
F211[
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 under subsection (5);
(e) procedures for non-routine environmental inspections under subsection (7).
(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, under subsection (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 in subsection (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. 1221/20091, 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 under section 83 on an application for a licence, or under section 90 on 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 in paragraph (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 to section 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 under subsection (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.]
Annotations
Amendments:
F211
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 21.
1 O.J. No. L342, 22.12.2009, p. 1.
F212[PART IVC
Titanium Dioxide]
Annotations
Amendments:
F212
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 22.
F213[
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 of section 83(3), the Agency shall not grant a licence or revised licence in relation to an industrial emissions directive activity referred to in subsection (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.]
Annotations
Amendments:
F213
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 22.
FIRST SCHEDULE
Activities to which Part IV applies
F219[Interpretation
(1) If 2 or more activities falling within the same paragraph under a particular heading of this Schedule are carried on in the same installation by the same person, then, for the purpose of any threshold specified in that paragraph, the capacities of such activities shall be aggregated.
(2) For waste management activities, the calculation referred to in subparagraph (1) shall apply at the level of activities referred to in paragraphs 11.2, 11.4(a) and 11.4(b).
(3) A process, development or operation specified in paragraph 1.1.1, 2.1, 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 4.2.1, 4.3, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.1, 6.2, 7.2.1, 7.4.1, 7.7.1, 7.8, 8.1, 8.2, 8.3, 8.5.1, 8.6.1, 8.7, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 10.2, 10.3, 10.4, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an industrial emissions directive activity), 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 12.2.1, 12.3, 13.4.1, 13.5 or 13.6 and carried out in an installation is an industrial emissions directive activity and an activity shall not be taken to be an industrial emissions directive activity if it is carried on at an installation solely used for research, development or testing of new products and processes.
(4) A process, development or operation specified in paragraph 1.1.2, 1.2, 1.3, 1.4, 3.1.2, 3.2.2, 3.3.2, 3.4.2, 3.5, 3.6.2, 3.7, 3.8, 3.9, 4.1, 4.2.2, 4.4, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 7.1, 7.2.2, 7.3.1, 7.3.2, 7.3.3, 7.4.2, 7.5, 7.6, 7.7.2, 8.4, 8.5.2, 8.6.2, F220[8.8,] 9.1, 9.2, 9.3.2, 9.4.4, 10.1, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an integrated pollution control activity), 12.1, 12.2.2, 13.1, 13.2, 13.3 or 13.4.2 and carried out in an installation is an integrated pollution control activity.
(5) In this Schedule—
“fuel” means any solid, liquid or gaseous combustible material;
“waste incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;
“waste co-incineration plant” means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated.]
1
Minerals and Other Materials
1.1.1
The production of asbestos F221[or the manufacture of asbestos-based products].
1.1.2
The extraction, production and processing of raw asbestos, not included in paragraph 1.1.1.
1.2
The extraction of aluminium oxide from an ore, not included in paragraph 5.13.
1.3
The extraction and processing (including size reduction, grading and heating) of minerals within the meaning of the Minerals Development Acts 1940 to 1999, where an activity involves—
(a) a metalliferous operation, or
(b) any other operation where either the level of extracted or processed minerals is greater than 200,000 tonnes per annum or the total operational yield is greater than 1,000,000 tonnes,
and storage of related mineral waste.
1.4
The extraction of peat in the course of business which involves an area exceeding 50 hectares.
2
Energy
2.1
F219[Combustion of fuels in installations with a total rated thermal input of 50 MW or more.]
3
Metals
3.1.1
The production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour.
3.1.2
The initial melting or production of iron or steel, not included in paragraph 3.1.1.
3.2.1
The processing of ferrous metals:
(a) F221[operation of] hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour,
(b) F221[operation of] smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW,
(c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.
3.2.2
The processing of iron and steel in forges, drawing plants and rolling mills where the production area exceeds 500 square metres, not included in paragraph 3.2.1.
3.3.1
The operation of ferrous metal foundries with a production capacity exceeding 20 tonnes per day.
3.3.2
The production, recovery, processing or use of ferrous metals in foundries having melting installations with a total capacity exceeding 5 tonnes, not included in paragraph 3.3.1.
3.4.1
The—
(a) production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes,
F219[(b) melting, including the alloyage, of non-ferrous metals, including recovered products and operation of non-ferrous metal foundries, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.]
3.4.2
The production, recovery or processing of non-ferrous metals, their compounds or other alloys including antimony, arsenic, beryllium, chromium, lead, magnesium, manganese, phosphorus, selenium, cadmium or mercury, by thermal, chemical or electrolytic means in installations with a batch capacity exceeding 0.5 tonnes, not included in paragraph 3.4.1.
3.5
The reaction of aluminium or its alloys with chlorine or its compounds, not included in paragraph 5.13.
3.6.1
The roasting or sintering of metal ore (including sulphide ore).
3.6.2
The calcining of metallic ores in plants with a capacity exceeding 1,000 tonnes per year.
3.7
Swaging by explosives where the production area exceeds 100 square metres.
3.8
The pressing, drawing and stamping of large castings where the production area exceeds 500 square metres.
3.9
Boilermaking and the manufacture of reservoirs, tanks and other sheet metal containers where the production area exceeds 500 square metres.
4
Mineral Fibres and Glass
4.1
F219[Other than where carried on in conjunction with the activity specified in paragraph 1.1.1, the processing of asbestos and asbestos-based products.]
4.2.1
The melting of mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day.
4.2.2
The manufacture of glass fibre or mineral fibre, not included in paragraph 4.2.1 or 4.3.
4.3
The manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day F222[…].
4.4
The production of industrial diamonds.
5
Chemicals
Production, for the purposes of the activities mentioned in paragraph 5.12 to 5.17, F223[means the production on an industrial scale by chemical or biological processing] of substances or groups of substances mentioned in any of those paragraphs.
5.1
The manufacture of chemicals in an integrated chemical installation, not included in paragraphs 5.12 to 5.17.
5.2
The manufacture of olefins and their derivatives or of monomers and polymers including styrene and vinyl chloride, not included in paragraphs 5.12 to 5.17.
5.3
The manufacture, by way of chemical reaction processes, of organic or organo-metallic chemical products other than those specified in paragraph 5.2 and not included in paragraphs 5.12 to 5.17.
5.4
The manufacture of inorganic chemicals, not included in paragraphs 5.12 to 5.17.
5.5
The manufacture of artificial fertilisers, not included in paragraphs 5.12 to 5.17.
5.6
The manufacture of pesticides, pharmaceutical or veterinary products and their intermediates, not included in paragraphs 5.12 to 5.17.
5.7
The manufacture of paints, varnishes, resins, inks, dyes, pigments or elastomers where the production capacity exceeds 1,000 litres per week, not included in paragraphs 5.12 to 5.17.
5.8
The formulation of pesticides, not included in paragraphs 5.12 to 5.17.
5.9
The chemical manufacture of glues, bonding agents and adhesives, not included in paragraphs 5.12 to 5.17.
5.10
The manufacture of vitamins involving the use of heavy metals, not included in paragraphs 5.12 to 5.17.
5.11
The storage, in quantities exceeding the values shown, of any one or more of the following chemicals (other than as part of any other activity) and not included in paragraphs 5.12 to 5.17—
methyl acrylate (20 tonnes); acrylonitrile (20 tonnes); toluene di-isocyanate (20 tonnes); anhydrous ammonia (100 tonnes); anhydrous hydrogen flouride (1 tonne).
5.12
The F223[production of organic chemicals], such as:
(a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic),
(b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, F223[esters and mixtures of esters], acetates, ethers, peroxides, epoxy resins,
(c) sulphurous hydrocarbons,
(d) introgenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates,
(e) phosphorus-containing hydrocarbons,
(f) halogenic hydrocarbons,
(g) organometallic compounds,
(h) F223[plastic materials] (polymers, synthetic fibres and cellulose-based fibres),
(i) synthetic rubbers,
(j) dyes and pigments,
(k) surface-active agents and surfactants.
5.13
The F223[production of inorganic chemicals], such as:
(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride,
(b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids,
(c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide,
(d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate,
(e) non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.
5.14
The production of phosphorous-based, nitrogen-based or potassium-based fertilisers (simple or compound fertilisers).
5.15
The F223[production of plant health products] and of biocides.
5.16
F223[The production of pharmaceutical products including intermediates.]
5.17
The production of explosives.
6
Intensive Agriculture
6.1
F224[(a) The rearing of poultry in installations where the capacity exceeds 40,000 places.
(b) In clause (a) “poultry” shall be construed in accordance with Regulation 2(2) of the European Communities (Poultry and Hatching Eggs) Regulations 2010 (S.I. No. 564 of 2010).]
6.2
F224[The rearing of pigs in an installation where the capacity exceeds—
(a) 750 places for sows, or
(b) 2,000 places for production pigs which are each over 30kg.]
7
Food and Drink
7.1
The manufacture of vegetable and animal oils and fats where the capacity for processing raw materials exceeds 40 tonnes per day, not included in paragraph 7.8.
7.2.1
The treatment and processing of milk, the quantity of milk received being greater than 200 tonnes per day (average value on a yearly basis).
7.2.2
The manufacture of dairy products where the processing capacity exceeds 50 million gallons of milk equivalent per year, not included in paragraph 7.2.1.
7.3.1
Brewing (including cider and perry production) in installations where the production capacity exceeds 25 million litres per year, not included in paragraph 7.8.
7.3.2
Distilling in installations where the production capacity exceeds the equivalent of 1,500 tonnes per year measured as pure alcohol, not included in paragraph 7.8.
7.3.3
Malting in installations where the production capacity exceeds 100,000 tonnes per year, not included in paragraph 7.8.
7.4.1
The operation of slaughterhouses with a carcass production capacity greater than 50 tonnes per day.
7.4.2
The slaughter of animals in installations where the daily capacity exceeds 1,500 units and where units have the following equivalents—
1 sheep = 1 unit,
1 pig = 2 units,
1 head of cattle = 5 units,
and not included in paragraph 7.4.1.
7.5
The manufacture of fish-meal and fish-oil, not included in paragraph 7.8.
7.6
The manufacture of sugar, not included in paragraph 7.8.
7.7.1
The disposal or recycling of F224[animal carcasses or animal waste] with a treatment capacity exceeding 10 tonnes per day.
7.7.2
The processing (including rendering) of animal carcasses and by-products, not included in paragraph 7.7.1.
7.8
F224[(a) The treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from:
(i) only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day;
(ii) only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;
(iii) animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than:
(I)75 if A is equal to 10 or more; or
(II)[300-(22.5 x A)] in any other case,
where “A” is the portion of animal material (in percent of weight) of the finished product production capacity.
(b) For the purposes of clause (a), packaging shall not be included in the final weight of the product.
(c) Clause (a) shall not apply where the raw material is milk only.
]
8
Wood, Paper, Textiles and Leather
8.1
F225[The production of paper or cardboard with a production capacity exceeding 20 tonnes per day.]
8.2
The production of pulp from timber or other fibrous materials.
8.3
F224[ The preservation of wood and wood products with chemicals with a production capacity exceeding 75 m3 per day other than exclusively treating against sapstain.]
8.4
The manufacture of synthetic fibres, not included in paragraph 5.12.
8.5.1
The pre-treatment (operations such as washing, bleaching, mercerization) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tonnes per day.
8.5.2
The dyeing, treatment or finishing (including moth-proofing and fireproofing) of fibres or textiles (including carpet) where the capacity exceeds 1 tonne per day of fibre, yarn or textile material, not included in paragraph 8.5.1.
8.6.1
The tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day.
8.6.2
The fell-mongering of hides and tanning of leather in installations where the capacity exceeds 100 skins per day, not included in paragraph 8.6.1.
8.7
F226[ The production of one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m3 per day.]
F220[8.8
Other than wood-based panels referred to in paragraph 8.7, the production of one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 20 tonnes per day.]
9
Fossil Fuels
9.1
The extraction, other than offshore extraction, of petroleum, natural gas, coal or bituminous shale.
9.2
The handling or storage of crude petroleum, not included in paragraph 9.3.1 or 9.3.2.
9.3.1
The operation of mineral oil and gas refineries.
9.3.2
The refining of petroleum or gas, not included in paragraph 9.3.1.
9.4.1
F227[The production of coke.]
9.4.2
F227[The gasification or liquefaction of:
(a) coal;
(b) other fuels in installations with a total rated thermal input of 20 MW or more.]
9.4.3
The production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization.
9.4.4
The pyrolysis, carbonisation, gasification, liquefaction, dry distillation, partial oxidation or heat treatment of coal, lignite, oil or bituminous shale, other carbonaceous materials or mixtures of any of these in installations with a processing capacity exceeding 500 tonnes per day, not included in paragraph 9.4.1, 9.4.2 or 9.4.3.
10
F227[ Cement, Lime and Magnesium Oxide
10.1
Other than the production of cement referred to in paragraph 10.2, the production of cement.]
10.2
F228[ Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.
10.3
Production of lime in kilns with a production capacity exceeding 50 tonnes per day.
10.4
Production of magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.]
11
Waste
11.1
The recovery or disposal of waste in a facility, within the meaning of the Act of 1996, which facility is connected or associated with another activity specified in this Schedule in respect of which a licence or revised licence under Part IV is in force or in respect of which a licence under the said Part is or will be required.
F228[11.2
Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities:
(a) biological treatment;
(b) physico-chemical treatment;
(c) blending or mixing prior to submission to any of the other activities listed in paragraph 11.2 or 11.3;
(d) repackaging prior to submission to any of the other activities listed in paragraph 11.2 or 11.3;
(e) solvent reclamation or regeneration;
(f) recycling or reclamation of inorganic materials other than metals or metal compounds;
(g) regeneration of acids or bases;
(h) recovery of components used for pollution abatement;
(i) recovery of components from catalysts;
(j) oil re-defining or other reuses of oil;
(k) surface impoundment.
11.3
Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants—
(a) for non-hazardous waste with a capacity exceeding 3 tonnes per hour,
(b) for hazardous waste with a capacity exceeding 10 tonnes per day.
11.4
(a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the F225[following activities (other than activities to which the Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001) apply)]:
(i) biological treatment;
(ii) physico-chemical treatment;
(iii) pre-treatment of waste for incineration or co-incineration;
(iv) treatment of slags and ashes;
(v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, (other than activities to which the Urban Waste Water Treatment Regulations 2001 (S.I. No. 254 of 2001) apply):
(i) biological treatment;
(ii) pre-treatment of waste for incineration or co-incineration;
(iii) treatment of slags and ashes;
(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
(c) Notwithstanding clause (b), when the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for that activity shall be 100 tonnes per day.
11.5
Landfills, within the meaning of section 5 (amended by Regulation 11(1) of the Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008)) of the Act of 1996, receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25,000 tonnes, other than landfills of inert waste.
11.6
Temporary storage of hazardous waste, (other than waste referred to in paragraph 11.5) pending any of the activities referred to in paragraph 11.2, 11.3, 11.5 or 11.7 with a total capacity exceeding 50 tonnes, other than temporary storage, pending collection, on the site where the waste is generated.
11.7
Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.]
12
Surface Coatings
12.1
Operations involving coating with organo-tin compounds, not included in paragraph 12.2.1 or 12.2.2.
12.2.1
The surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.
12.2.2
The manufacture or use of coating materials in processes with a capacity to make or use at least 10 tonnes per year of organic solvents, and powder coating manufacture with a capacity to produce at least 50 tonnes per year, not included in paragraph 12.2.1.
12.3
The surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3.
13
Other Activities
13.1
The testing of engines, turbines or reactors where the floor area exceeds 500 square metres.
13.2
The manufacture of integrated circuits and printed circuit boards.
13.3
F229[Other than production of lime in a kiln referred to in paragraph 10.3, the production of lime.]
13.4.1
The manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, or with a kiln capacity exceeding 4 m3 and a setting density per kiln exceeding 300 kg/m3.
13.4.2
The manufacture of coarse ceramics including refractory bricks, stoneware pipes, facing and floor bricks and roof tiles, not included in paragraph 13.4.1.]
F230[13.5
The capture of CO2 streams from installations to which Part IV applies for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 20091 on the geological storage of carbon dioxide.]
F228[13.6
Independently operated treatment of waste water (to which the Urban Waste Water Treatment Regulations 2001 do not apply) and discharged by an installation to which Part IV applies.]
Annotations
Amendments:
F218
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 18 and sch. 1, S.I. No. 393 of 2004.
F219
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(a), (c), (d)(iii), (e)(i).
F220
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 30(a), (c), S.I. No. 358 of 2015.
F221
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(b), (d)(i), d(ii).
F222
Deleted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(e)(ii).
F223
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(f)(i), (ii)(I), (ii)(II), (ii)(III), (iii), (iv), (v).
F224
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(g)(i), (g)(ii), (h)(i), (h)(ii), (i)(i).
F225
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 30(b), (d), S.I. No. 358 of 2015.
F226
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(i)(ii).
F227
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(j)(i), (j)(ii), (k).
F228
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(k), (l), (m)(ii).
F229
Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 23(m)(i).
F230
Inserted (22.06.2011) by Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulations 2011 (S.I. No. 308 of 2011), reg. 3.
F231
Substituted by Minerals Development Act 2017 (23/2017), s. 247(d), not commenced as of date of revision.
Modifications (not altering text):
C48
Prospective affecting provision: para. 1.3 amended by Minerals Development Act 2017 (23/2017), s. 247(d), not commenced as of date of revision.
The extraction and processing (including size reduction, grading and heating) of minerals within the meaning of F231[section 2 of the Minerals Development Act 2017], where an activity involves—
…
Editorial Notes:
E349
Previous affecting provision: paras. 11.2, 11.3, 11.4 deleted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(1), commenced on enactment, subject to transitional provisions in subs. (3), (4); schedule substituted as per F-note above.
E350
Previous affecting provision: para. 11.1 substituted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 13(1), commenced on enactment, subject to transitional provisions in subss. (
S.I. No. 138/2013 –
European Union (Industrial Emissions) Regulations 2013.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and to give effect to Directive 2010/75/EU1 of the European Parliament and of the Council of 24 November 2010 hereby make the following regulations:
Part 1
Preliminary and General
Citation.
1. These Regulations may be cited as the European Union (Industrial Emissions) Regulations 2013.
Commencement.
2. Regulations 5, 24 and 25(b) come into operation on 7 January 2014.
Interpretation.
3. In these Regulations—
“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);
“Act of 2003” means the Protection of the Environment Act 2003 (No. 27 of 2003).
Part 2
Amendment of Environmental Protection Agency Act 1992
Amendment of section 3 of Act of 1992.
4. Section 3 (amended by section 5 of the Act of 2003) of the Act of 1992 is amended—
(a) by inserting the following definitions:
“ ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;
‘BAT reference document’ in relation to an industrial emissions directive activity, means a document drawn up by the Commission of the European Union in accordance with Article 13 of the Industrial Emissions Directive, resulting from the exchange of information in accordance with that Article of that Directive and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, particular consideration having been given to the same matters as are specified in subparagraphs (i) to (xii) of section 5(3)(b);
‘emerging technique’ means a novel technique for an industrial emissions directive activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques;
‘emission levels associated with the best available techniques’ means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
‘groundwater’ has the meaning assigned to it by Regulation 3 of the European Communities Environmental Objectives (Groundwater) Regulations 2010 ( S.I. No. 9 of 2010 );
‘hazardous substances’ means substances or mixtures as defined in Article 3 of Regulation (EC) No. 1272/20081 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures;
‘hazardous waste’ means waste that displays one or more of the properties which render it hazardous specified in the Second Schedule (amended by Regulation 24 of the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 )) to the Act of 1996;
‘industrial emissions directive activity’ means a process, development or operation specified in paragraph 1.1.1, 2.1, 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 4.2.1, 4.3, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.1, 6.2, 7.2.1, 7.4.1, 7.7.1, 7.8, 8.1, 8.2, 8.3, 8.5.1, 8.6.1, 8.7, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 10.2, 10.3, 10.4, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an industrial emissions directive activity), 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 12.2.1, 12.3, 13.4.1, 13.5 or 13.6 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation and an activity shall not be taken to be an industrial emissions directive activity if it is carried out at an installation solely used for research, development or testing of new products and processes;
‘Industrial Emissions Directive’ means Directive 2010/75/EU2 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);
‘integrated pollution control activity’ means a process, development or operation specified in paragraph 1.1.2, 1.2, 1.3, 1.4, 3.1.2, 3.2.2, 3.3.2, 3.4.2, 3.5, 3.6.2, 3.7, 3.8, 3.9, 4.1, 4.2.2, 4.4, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 7.1, 7.2.2, 7.3.1, 7.3.2, 7.3.3, 7.4.2, 7.5, 7.6, 7.7.2, 8.4, 8.5.2, 8.6.2, 9.1, 9.2, 9.3.2, 9.4.4, 10.1, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an integrated pollution control activity), 12.1, 12.2.2, 13.1, 13.2, 13.3 or 13.4.2 of the First Schedule (amended by Regulation 23 of the European Union (Industrial Emissions) Regulations) and carried out in an installation;
‘waste’ means any substance or object which the holder discards or intends or is required to discard;
1 O.J. No. L353, 31.12.2008, p. 1
2 O.J. No. L334, 17.12.2010, p. 17”,
(b) in the definition of “emission” by substituting “Part IV, IVA, IVB or IVC” for “Part IV or IVA”, and
(c) by inserting the following subsection after subsection (2A) (inserted by Regulation 3 of the European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 ( S.I. No. 282 of 2012 )):
“(2B) Subject to this Act, a word or expression that is used in this Act in so far as it relates to an industrial emissions directive activity and that is also used in the Industrial Emissions Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.
Amendment of section 3A of Act of 1992.
5. Section 3A (inserted by section 5 of the Act of 2003) of the Act of 1992 is amended by deleting subsections (2) and (3).
Insertion of section 3C of Act of 1992.
6. The Act of 1992 is amended by inserting the following after section 3B (inserted by section 5 of the Act of 2003):
“Industrial Emissions Directive.
3C.(1) The amendments of this Act effected by the European Union (Industrial Emissions) Regulations 2013 are made for the purpose of giving effect to the Industrial Emissions Directive.
(2) The Agency shall be the competent authority for the purposes of the Industrial Emissions Directive.
(3) As competent authority for the purposes of the Industrial Emissions Directive, the Agency shall, amongst other things—
(a) keep itself informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information publicly available,
(b) maintain such data and information, provide for the supply of data to the Commission of the European Union and undertake such reporting as may be necessary for the proper implementation of relevant Union acts (including compliance with the requirements of Article 72(1) of the Industrial Emissions Directive), and
(c) when requested to do so by the Minister, participate in the Committee to assist the Commission of the European Union on the basis provided for in Article 75 of the Industrial Emissions Directive.”.
Amendment of section 5 of Act of 1992.
7. Section 5 (inserted by section 7 of the Act of 2003) of the Act of 1992 is amended—
(a) in subsection (1) by substituting “the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, designed to prevent” for “the basis for emission limit values designed to prevent”, and
(b) in subsection (3)(a) by substituting “the basis for emission limit values, and in the case of an industrial emissions directive activity other additional licence conditions, for an activity”, for “the basis for emission limit values for an activity”.
Insertion of section 82A of Act of 1992.
8. The Act of 1992 is amended by inserting the following after section 82 (inserted by section 15 of the Act of 2003):
“Transitional matters for activities licensed under this Act consequent upon Industrial Emissions Directive.
82A. (1) In this section “earlier Part IV” means this Part as it had effect before the amendment of it by the European Union (Industrial Emissions) Regulations 2013.
(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless—
(a) on the coming into operation of this section a licence or revised licence under the earlier Part IV is in force in relation to the activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and
(ii) on or before 7 January 2014—
(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (6), is granted if required, under the earlier Part IV or this Part, as the case may be, and
(II) the licensee concerned commences carrying on the activity.
(3) Subsection (2) applies to any of the following activities:
(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input exceeding 50 MW;
(b) an activity specified in paragraph 9.3.1, 9.4.1, 9.4.2(a), 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 12.3, 1.1.1, 10.2, 10.3, 10.4, 4.3, 4.2.1 or 13.4.1 of the First Schedule;
(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by chemical processing;
(d) an activity specified in paragraph 8.1, 8.2, 8.5.1, 8.6.1, or 7.4.1 of the First Schedule;
(e) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as “Directive 2008/1/EC”) applies to the activity;
(f) an activity specified in paragraph 7.2.1, 7.7.1, 6.1, 6.2, 12.2.1, 9.4.3 or 13.5 of the First Schedule.
(4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless—
(a) on the coming into operation of this section a licence or revised licence granted under the earlier Part IV is in force in relation to that activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part IV for a licence or revised licence and the requirements of regulations under section 89 in relation to the application for the licence or revised licence have been complied with by the applicant, and
(ii) on or before 7 July 2015—
(I) a licence or revised licence on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part IV or this Part, as the case may be, and
(II) the licensee concerned commences carrying on the activity.
(5) Subsection (4) applies to any of the following activities:
(a) an activity specified in paragraph 2.1 of the First Schedule which has a total rated thermal input of 50 MW;
(b) an activity specified in paragraph 9.4.2(b) of the First Schedule;
(c) an activity specified in paragraph 5.12, 5.13, 5.14, 5.15, 5.16 or 5.17 of the First Schedule provided that the activity concerns production by biological processing;
(d) an activity specified in paragraph 7.8 of the First Schedule provided that Directive 2008/1/EC does not apply to the activity;
(e) an activity specified in paragraph 8.3 or 8.7 of the First Schedule.
(6)(a) Where an application to which subsection (2)(b) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.
(b) Where an application to which subsection (2)(b) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.
(7)(a) Where an application to which subsection (4)(b) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part IV.
(b) Where an application to which subsection (4)(b) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under this Part.
(8) A licence or revised licence referred to in subsection (2)(a) in force on the coming into operation of this section or (2)(b) and granted, in accordance with subsection (6)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—
(a) examined the terms of every licence and revised licence referred to in subsection (2)(a) or (2)(b) which was granted, in accordance with subsection (6)(a) under the earlier Part IV, and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the licence or revised licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(9) A licence or revised licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part IV, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—
(a) examined the terms of every licence and revised licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part IV and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the licence or revised licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the licence or revised licence does not require be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(10)(a) None of the requirements of section 90 shall apply to the performance of functions conferred on the Agency under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before performing that function.
(b) Where the Agency considers that it is necessary for the purpose of the performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.
(c) The Agency shall, as soon as may be after the performance of functions conferred on it under subsection (8) or (9), notify particulars of the amendment effected by that performance to each person who made an objection to the Agency under section 87(5) in relation to any performance by the Agency of powers conferred on it under section 83 or 90 as respects the licence or revised licence concerned.
(11) If the bringing into conformity with the Industrial Emissions Directive of a licence or revised licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the licence or revised licence (and the making of the amendment will not significantly alter the character of the licence or revised licence) then, the Agency shall make those amendments of the conditions of or schedules to the licence or revised licence (which, by virtue of this subsection, it has power to do).
1 O.J. No. L24, 29.1.2008, p, 8”.
Amendment of section 83 of Act of 1992.
9. Section 83 (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended—
(a) in subsection (3)—
(i) in paragraph (e)(iii) by substituting “section 89,” for “section 89, and”,
(ii) in paragraph (e)(iv) by substituting “activity, and” for “activity,”, and
(iii) by inserting the following after paragraph (e)(iv):
“(v) where appropriate, in the case of an industrial emissions directive activity, in accordance with Article 26 of the Industrial Emissions Directive, any submissions or observations made to the Agency resulting from bilateral consultations with another Member State of the European Union,”,
(iv) in paragraph (e) by substituting “activity,” for “activity, and”,
(v) in paragraph (f) by substituting the following for “necessary.”:
“necessary,
and”,
and
(vi) by inserting the following after paragraph (f):
“(g) in a case where the application relates to an industrial emissions directive activity, any emerging techniques in so far as those techniques are relevant to the activity and in particular those emerging techniques identified in the BAT reference documents relevant to the activity concerned.”,
(b) in subsection (4)(a) by inserting “and in the case of an industrial emissions directive activity, subject to section 86A(3)(b) or (4)” after “subject to section 86(3)”, and
(c) in subsection (5)(a)—
(i) by inserting the following after subparagraph (vii):
“(viia) without prejudice to subparagraph (vii), waste generated in the carrying on of an industrial emissions directive activity, in order of priority in accordance with section 21A (inserted by Regulation 7 of the European Communities (Waste Directive) Regulations 2011) of the Act of 1996, will be prepared for re-use, recycled, recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,”,
and
(ii) by inserting the following after subparagraph (x):
“(xa) in the case of an industrial emissions directive activity, necessary measures referred to in subparagraph (x) including measures of appropriate duration shall be taken in accordance with section 86B,”.
Amendment of section 85 of Act of 1992.
10. Section 85 (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended—
(a) in subsection (4)(b) by substituting “Industrial Emissions Directive” for “Directive”,
(b) in subsection (5)—
(i) in paragraph (a)(iii) by substituting “Industrial Emissions Directive” for “Directive”,
(ii) in paragraph (b)(i) by substituting “Industrial Emissions Directive” for “Directive”.
Amendment of section 86 of Act of 1992.
11. Section 86 (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended—
(a) in subsection (1)(a)—
(i) in subparagraph (i) by inserting “and in the case of an industrial emissions directive activity, subject to section 86A(3)(b) or (4)” after “subject to subsection (3)”,
(ii) in subparagraph (iii) by substituting “if necessary, and in all cases where the licence or revised licence relates to an industrial emissions directive activity, specify” for “if necessary, specify”,
(iii) by inserting the following after subparagraph (iii):
“(iiia) in the case of an industrial emissions directive activity, specify monitoring periods for soil (within the meaning of section 86A(11) (inserted by Regulation 12 of the European Union (Industrial Emissions) Regulations 2013)) and groundwater, other than where the Agency bases monitoring on a systematic appraisal of the risk of contamination, which shall be periods of not more than 5 years for groundwater and not more than 10 years for soil,”,
(iv) by inserting the following after subparagraph (iv):
“(iva) specify, in the case of an industrial emissions directive activity, that the results of monitoring of emissions levels (requirements for the purpose of which, where applicable, shall be based on any conclusions on monitoring as described in the BAT conclusions), shall be provided to the Agency regularly and at least once a year, in a form that enables the Agency to verify compliance with the conditions attached to the licence,”,
(v) in subparagraph (vi) by substituting “environment,” for “environment, and”,
(vi) in subparagraph (vii) by substituting “the activity), and” for “the activity);”,
(vii) by inserting the following after subparagraph (vii):
“(viii) without prejudice to the European Communities (Water Policy) Regulations 2003 ( S.I. No. 722 of 2003 ), the European Communities (Environmental Liability) Regulations 2008 ( S.I. No. 547 of 2008 ) and the European Communities Environmental Objectives (Groundwater) Regulations 2010, specify for the purposes of section 86B, in the case of an industrial emissions directive activity to which that section applies, requirements for the purpose of removal, control, containment or reduction of hazardous substances upon the permanent cessation of the activity,
(ix) without prejudice to the European Communities (Environmental Liability) Regulations 2008 specify, in the case of an industrial emissions directive activity, that where an incident or accident significantly affecting the environment occurs, the licensee shall without delay—
(I) inform the Agency, and
(II) take measures to limit the environmental consequences of the incident or accident and to prevent a further incident or accident, and
(x) specify, in the case of an industrial emissions directive activity, that where a breach of one or more of the conditions attached to the licence occurs, the licensee shall without delay—
(I) inform the Agency, and
(II) take measures to restore compliance with conditions attached to the licence in the shortest possible time.”,
(b) in subsection (1)(b)(xv) by substituting “the Industrial Emissions Directive” for “the Directive”, and
(c) in subsection (4)—
(i) in paragraph (a) by substituting “granted by it in respect of a specified class or classes of industrial emissions directive activity” for “granted by it in respect of a specified class or classes of activity”, and
(ii) in paragraph (b) by substituting “shall comply with Article 17 of the Industrial Emissions Directive” for “shall comply with Article 9(8) of the Directive”.
Insertion of section 86A of Act of 1992.
12. The Act of 1992 is amended by inserting the following after section 86 (inserted by section 15 of the Act of 2003):
“Best available techniques, emission limit values, equivalent parameters and conditions attached to a licence.
86A. (1) This section applies to a licence or revised licence under this Part in relation to an industrial emissions directive activity.
(2) Without prejudice to the generality of section 83(1), the Agency shall not grant a licence or revised licence, unless it is satisfied that the best available techniques will be utilised to prevent or eliminate or, where that is not practicable, to minimise emissions and the impact on the environment as a whole.
(3)(a) Without prejudice to the generality of section 86(1), the Agency shall, in accordance with this section, apply BAT conclusions as a reference for attaching one or more conditions to a licence or a revised licence granted under this Part.
(b) The Agency may supplement or replace emissions limit values referred to in section 83(4)(a) or 86(1)(a)(i), by attaching one or more conditions to a licence or revised licence which specify equivalent parameters or technical measures, where the Agency is satisfied that to do so would secure an equivalent level of environmental protection.
(c)(i) Where the Agency attaches one or more conditions to a licence or revised licence which specify requirements necessary to give effect to a best available technique not described in any of the relevant BAT conclusions, the Agency shall determine that technique under section 5(3)(b), 83(5)(a)(v) and 86(3) and subsection (4).
(ii) Where any of the relevant BAT conclusions referred to in subparagraph (i) describe a best available technique, but do not contain emission levels associated with the technique, the Agency, under subparagraph (i), shall determine a best available technique which provides a level of environmental protection equivalent to the best available techniques described in the BAT conclusions and shall attach one or more conditions to a licence or revised licence which specify requirements necessary to give effect to that best available technique.
(iii) Where any of the BAT conclusions do not apply to an industrial emissions directive activity or type of production process carried out within an installation or address all of the potential environmental effects of the industrial emissions directive activity or process, the Agency shall, after prior consultation with the applicant or licensee concerned, determine under section 5(3)(b) a best available technique for the industrial emissions directive activity or process concerned, and shall attach one or more conditions to a licence or revised licence in relation to the activity or process which specify requirements necessary to give effect to that best available technique.
(4)(a) For the purposes of this section, the Agency shall attach one or more conditions under section 83(4)(a) or 86(1)(a)(i) to a licence or revised licence which specify emission limit values, so that under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) of the Industrial Emissions Directive.
(b) Emission limit values specified by the Agency under paragraph (a)—
(i) subject to subsection (5)(a), shall not exceed the emission levels associated with best available techniques, or
(ii) subject to subsection (5)(b), shall differ from those referred to in subparagraph (i) in terms of values, periods of time and reference conditions.
(5)(a) Where emission limit values are specified under subsection (4)(b)(i) such emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques.
(b) Where emission limit values are specified under subsection (4)(b)(ii), the Agency shall—
(i) in addition to any condition under section 86(1)(a)(iva), attach a condition to the licence or revised licence specifying that—
(I) results of monitoring emissions are available for the same periods of time and reference conditions as for the emissions levels associated with the best available techniques, and
(II) a summary of results of monitoring emissions shall be furnished to the Agency at least annually, in a form which enables the Agency to compare emission levels with emission level values associated with best available techniques,
and
(ii) assess, not less than annually, the results of monitoring emissions to establish if emissions, under normal operating conditions, have not exceeded the emission levels associated with best available techniques.
(6)(a) The Agency, where it is satisfied on an examination by it of an application for a licence or the review of a licence or revised licence that attaching one or more conditions to the licence or revised licence under subsection (4) for the purposes of the achievement of emission levels associated with the best available techniques as described in BAT conclusions, would lead to disproportionately higher costs compared to the environmental benefits due to—
(i) the geographical location or the local environmental conditions of the installation concerned, or
(ii) the technical characteristics of the installation concerned,
may, in granting the licence or revised licence, attach one or more conditions which specify less strict emission limit values than would otherwise be required under subsection (4).
(b) The Agency shall document in a schedule to the licence or revised licence, the reasons for the attachment of one or more conditions specifying less strict emission limit values under paragraph (a), including the result of the examination by the Agency and the justification for the conditions imposed.
(c) The Agency shall re-examine the attachment of conditions to a licence or revised licence which specify less strict emission limit values under paragraph (a), on any subsequent review of the licence or revised licence concerned.
(7) The Agency, in considering an application for a licence or a revised licence, may attach one or more conditions which specify less strict emission limit values than would otherwise be required under subsection (4) and section 86(3)(c) for the testing and use of emerging techniques for a total period, specified in the conditions, not exceeding 9 months provided that the Agency is satisfied that after the period so specified, either the technique will have ceased or the activity will have achieved not less than the emission levels associated with the best available techniques.
(8) The Agency, in considering an application for a licence or a revised licence, may, where appropriate, take into account the effect of a waste water treatment plant when determining the emission limit values to apply in relation to indirect releases of polluting substances into water from an installation, but the Agency shall not grant a licence or revised licence on that basis unless it is satisfied that—
(a) the licence or revised licence, or any conditions attached thereto, shall secure that an equivalent level of protection of the environment as a whole is guaranteed, and
(b) so granting will not lead to higher levels of pollution in the environment.
(9) Information to be provided by the applicant or licensee for the purpose of a review of a licence or a revised licence under section 90 and prescribed in regulations under section 89 or, as the case may be, requested and considered necessary by the Agency under section 90(7) shall, for the purposes of this section, include in particular—
(a) results of emissions monitoring, and
(b) other data that enables the Agency to make a comparison of the operation of the installation concerned with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques.
(10) Other than where subsection (4) or (6) applies, the Agency shall apply conclusions on best available techniques from BAT reference documents adopted by the Commission prior to 6 January 2011 as BAT conclusions pending the adoption of decisions on BAT conclusions under Article 13(5) of the Industrial Emissions Directive.
(11) In this section ‘soil’ means the top layer of the Earth’s crust situated between the bedrock and the surface and the soil is composed of mineral particles, organic matter, water, air and living organisms.”.
Insertion of section 86B of Act of 1992.
13. The Act of 1992 is amended by inserting the following after section 86A (inserted by Regulation 12):
“Baseline report and permanent cessation of activity.
86B.(1) Where an industrial emissions directive activity involves the use, production or release of relevant hazardous substances, and having regard to the possibility of soil and groundwater contamination at the site of an installation concerned, the Agency shall require an applicant under this Part for a licence or review of a licence or revised licence relating to the activity, including such a review by the Agency of its own volition, to furnish to the Agency a baseline report in accordance with regulations under section 89.
(2) In relation to an installation, a baseline report shall contain the information necessary to determine the state of contamination of soil and groundwater at the time that the report is drawn up in order that a quantified comparison may be made to the state of the site upon the permanent cessation (including cessation by abandonment) of the industrial emissions directive activity concerned and the applicant in preparing the baseline report shall include any information prescribed in regulations under section 89.
(3) Notwithstanding the generality of subsection (2), a baseline report shall include at least the following information—
(a) the current use and, where available, the past use of the site,
(b) any available information—
(i) on soil or groundwater measurements that reflect the state of the site at the time that the baseline report is drawn up, or
(ii) on new soil and groundwater measurements, having regard to the possibility of soil and groundwater contamination by the hazardous substances proposed to be used, produced or released by the installation concerned.
(4) Any information furnished to the Agency or to any other body under any enactment or rule of law or a law of the European Union, which complies with the requirements of subsection (2) or (3), may be furnished to the Agency in or with the baseline report.
(5) For the purposes of determining the information to be contained in a baseline report under this section the Agency shall have regard to, and shall for the purposes of subsection (2), make publicly available any guidance documents published by the Commission of the European Union in accordance with Article 22(2) of the Industrial Emissions Directive.
(6) Upon the permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the licensee concerned shall assess the level of contamination of soil and groundwater by the relevant hazardous substances used, produced or released by the installation concerned, and where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to any levels of contamination of soil and groundwater established in the baseline report that licensee shall take the necessary measures, taking into account the technical feasibility of such measures, to address that pollution so as to return the site to the state established in the baseline report.
(7) Without prejudice to subsection (6) where, upon permanent cessation (including cessation by abandonment) of an industrial emissions directive activity the level of contamination of soil or groundwater at the site of the installation concerned—
(a) poses a significant risk to human health or the environment, and
(b) occurred as a result of any industrial emissions directive activity, to which Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 applied and in respect of which a licence is or was in being under this Part or Part V of the Act of 1996, prior to review of the licence or revised licence under section 90, for the first time after the coming into operation of the European Union (Industrial Emissions) Regulations 2013,
and taking account of the condition of the site of the installation established in information already furnished to the Agency, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which necessary approval or consent has been granted, ceases to pose a significant risk.
(8) On permanent cessation (including cessation by abandonment) of an industrial emissions directive activity in relation to which, under this section, no baseline report is required, the licensee shall take all necessary actions aimed at removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current use or future use in relation to which a necessary licence, approval or consent under any enactment has been granted, ceases to pose any significant risk to human health or the environment due to contamination of soil and groundwater as a result of the licensed activities concerned and taking account of the condition of the site established in information, including information furnished with an application for a licence or revised licence, already furnished to the Agency.
(9) In subsections (7) and (8) information already furnished to the Agency is information furnished in relation to—
(a) a licence under this Part, in accordance with Regulations under section 89, or
(b) a licence under Part V of the Act of 1996 in accordance with Regulations under section 45 of that Act.
(10) The Agency shall make relevant information publicly available on the measures taken under subsection (6) or the necessary actions taken under subsection (7) or (8) upon the permanent cessation of an industrial emissions directive activity.
(11) In this section—
‘baseline report’ means information on the state of soil and groundwater contamination by relevant hazardous substances;
‘soil’ has the meaning given by section 86A(11).”.
Amendment of section 89 of Act of 1992.
14. Section 89(2) (inserted by section 15 of the Act of 2003) is amended by inserting the following after paragraph (d):
“(dd) specifying information to be contained in a baseline report for the purposes of section 86B,”.
Amendment of section 90 of Act of 1992.
15. Section 90 (inserted by section 15 of the Act of 2003) is amended—
(a) in subsection (1)—
(i) in paragraph (a) by substituting “licence,” for “licence, and”, and
(ii) by inserting the following after paragraph (a):
“(aa) in addition to its functions under paragraph (a), in the case of an industrial emissions directive activity, and subject to subsections (4) and (5) and section 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) in subsection (4)(a) by inserting the following after subparagraph (ii):
“(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),”
(c) in subsection (6)—
(i) in paragraph (a) by substituting “situate,” for “situate, and”, and
(ii) by inserting the following after paragraph (a):
“(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”,
and
(d) by inserting the following after subsection (7):
“(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 under subsection (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 under Part IVB.”.
Insertion of section 97A of Act of 1992.
16. The Act of 1992 is amended by inserting the following after section 97 (inserted by section 15 of the Act of 2003):
“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 under section 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 under subsection (1) shall specify measures, that are complementary to those measures referred to in section 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.”.
Insertion of section 97B of Act of 1992.
17. The Act of 1992 is amended by inserting the following after section 97A (inserted by Regulation 16):
“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 under section 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 under subsection (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 under paragraph (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 under subsection (1) until the date that the Agency gives a notice under subsection (3), the licence concerned shall be deemed to be suspended and section 97 shall apply as appropriate in relation to that suspension.”.
Amendment of section 98 of Act of 1992.
18. Section 98(1) (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended in paragraph (a) by substituting “an integrated pollution control activity” for “an activity”.
Insertion of section 98A of Act of 1992.
19. The Act of 1992 is amended by inserting the following after section 98 (inserted by section 15 of the Act of 2003):
“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 in subsection (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 under section 90 and exercise the powers under paragraph (a) or (b) of subsection (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 within paragraph (c), the person in charge shall not effect the alteration, reconstruction or extension unless and until the powers under paragraph (a) or (b) of that subsection (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 in subsection (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 under paragraph (a) or (b) of subsection (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 under paragraph (a) or (b) of that subsection (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 to subsection (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 at subsection (1), inform the person accordingly, and
(b) proceed to complete the review of the licence or revised licence and exercise the appropriate powers under subsection (2) of section 90 in 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 of subsection (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.”.
Amendment of section 99G of Act of 1992.
20. Section 99G (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended in subsection (1) by substituting “the Industrial Emissions Directive” for “the Directive”.
Insertion of Part IVB of Act of 1992.
21. The Act of 1992 is amended by inserting the following after Part IVA (inserted by section 16 of the Act of 2003):
“Part IVB
ENVIRONMENTAL INSPECTION PLAN
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 under subsection (5);
(e) procedures for non-routine environmental inspections under subsection (7).
(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, under subsection (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 in subsection (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. 1221/20091, 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 under section 83 on an application for a licence, or under section 90 on 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 in paragraph (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 to section 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 under subsection (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.
1 O.J. No. L342, 22.12.2009, p. 1”.
Insertion of Part IVC of Act of 1992.
22. The Act of 1992 is amended by inserting the following after Part IVB (inserted by Regulation 21):
“PART IVC
TITANIUM DIOXIDE
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 of section 83(3), the Agency shall not grant a licence or revised licence in relation to an industrial emissions directive activity referred to in subsection (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.”.
Amendment of First Schedule to Act of 1992.
23. The First Schedule (inserted by section 18 of the Act of 2003) to the Act of 1992 is amended—
(a) in the paragraph headed “Interpretation” by substituting—
“Interpretation
(1) If 2 or more activities falling within the same paragraph under a particular heading of this Schedule are carried on in the same installation by the same person, then, for the purpose of any threshold specified in that paragraph, the capacities of such activities shall be aggregated.
(2) For waste management activities, the calculation referred to in subparagraph (1) shall apply at the level of activities referred to in paragraphs 11.2, 11.4(a) and 11.4(b).
(3) A process, development or operation specified in paragraph 1.1.1, 2.1, 3.1.1, 3.2.1, 3.3.1, 3.4.1, 3.6.1, 4.2.1, 4.3, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 6.1, 6.2, 7.2.1, 7.4.1, 7.7.1, 7.8, 8.1, 8.2, 8.3, 8.5.1, 8.6.1, 8.7, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 10.2, 10.3, 10.4, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an industrial emissions directive activity), 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 12.2.1, 12.3, 13.4.1, 13.5 or 13.6 and carried out in an installation is an industrial emissions directive activity and an activity shall not be taken to be an industrial emissions directive activity if it is carried on at an installation solely used for research, development or testing of new products and processes.
(4) A process, development or operation specified in paragraph 1.1.2, 1.2, 1.3, 1.4, 3.1.2, 3.2.2, 3.3.2, 3.4.2, 3.5, 3.6.2, 3.7, 3.8, 3.9, 4.1, 4.2.2, 4.4, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 7.1, 7.2.2, 7.3.1, 7.3.2, 7.3.3, 7.4.2, 7.5, 7.6, 7.7.2, 8.4, 8.5.2, 8.6.2, 9.1, 9.2, 9.3.2, 9.4.4, 10.1, 11.1 (in so far as the process, development or operation specified in paragraph 11.1 is carried on in an installation connected or associated with another activity that is an integrated pollution control activity), 12.1, 12.2.2, 13.1, 13.2, 13.3 or 13.4.2 and carried out in an installation is an integrated pollution control activity.
(5) In this Schedule—
‘fuel’ means any solid, liquid or gaseous combustible material;
‘waste incineration plant’ means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;
‘waste co-incineration plant’ means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated.”,
for—
“Interpretation
If 2 or more activities falling within the same paragraph under a particular heading of this Schedule are carried on in the same installation by the same person, then, for the purpose of any threshold specified in that paragraph, the capacities of those activities shall be aggregated.”,
(b) in paragraph 1.1.1 by inserting “or the manufacture of asbestos-based products” after “asbestos”,
(c) by substituting the following for paragraph 2.1:
“2.1Combustion of fuels in installations with a total rated thermal input of 50 MW or more.”,
(d) in paragraph 3—
(i) in paragraph 3.2.1(a) by inserting “operation of” before “hot-rolling mills”,
(ii) in paragraph 3.2.1(b) by inserting “operation of” before “smitheries”, and
(iii) by substituting the following for paragraph 3.4.1(b):
“(b) melting, including the alloyage, of non-ferrous metals, including recovered products and operation of non-ferrous metal foundries, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.”,
(e) in paragraph 4—
(i) by substituting the following for paragraph 4.1:
“4.1 Other than where carried on in conjunction with the activity specified in paragraph 1.1.1, the processing of asbestos and asbestos-based products.”,
and
(ii) in paragraph 4.3 by deleting “or 5,000 tonnes per year”,
(f) in paragraph 5—
(i) by substituting “means the production on an industrial scale by chemical or biological processing” for “means the production on an industrial scale by chemical processing”,
(ii) in paragraph 5.12—
(I) by substituting “production of organic chemicals” for “production of basic organic chemicals”,
(II) in clause (b) by substituting “esters and mixtures of esters” for “esters”, and
(III) in clause (h) by substituting “plastic materials” for “basic plastic materials”,
(iii) in paragraph 5.13 by substituting “production of inorganic chemicals” for “production of basic inorganic chemicals”,
(iv) in paragraph 5.15 by substituting “production of plant health products” for “production of basic plant health products”, and
(v) by substituting the following for paragraph 5.16:
“5.16 The production of pharmaceutical products including intermediates.”,
(g) in paragraph 6—
(i) by substituting the following for paragraph 6.1:
“6.1(a) The rearing of poultry in installations where the capacity exceeds 40,000 places.
(b) In clause (a) ‘poultry’ shall be construed in accordance with Regulation 2(2) of the European Communities (Poultry and Hatching Eggs) Regulations 2010 ( S.I. No. 564 of 2010 ).”,
and
(ii) by substituting the following for paragraph 6.2:
“6.2The rearing of pigs in an installation where the capacity exceeds—
(a)750 places for sows, or
(b)2,000 places for production pigs which are each over 30kg.”,
(h) in paragraph 7—
(i) in paragraph 7.7.1 by substituting “animal carcasses or animal waste” for “animal carcasses and animal waste”, and
(ii) by substituting the following for paragraph 7.8:
“7.8(a) The treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from:
(i) only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day;
(ii) only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;
(iii) animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than:
(I)75 if A is equal to 10 or more; or
(II)[300-(22.5 x A)] in any other case,
where ‘A’ is the portion of animal material (in percent of weight) of the finished product production capacity.
(b) For the purposes of clause (a), packaging shall not be included in the final weight of the product.
(c) Clause (a) shall not apply where the raw material is milk only.
/images/en.si.2013.0138.0001.jpg
”,
(i) in paragraph 8—
(i) by substituting the following for paragraph 8.3:
“8.3 The preservation of wood and wood products with chemicals with a production capacity exceeding 75 m3 per day other than exclusively treating against sapstain.”
and
(ii) by inserting the following paragraph after paragraph 8.6.2:
“8.7 The production of one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m3 per day.”
(j) in paragraph 9—
(i) by substituting the following for paragraph 9.4.1:
“9.4.1 The production of coke.”,
and
(ii) by substituting the following for paragraph 9.4.2:
“9.4.2 The gasification or liquefaction of:
(a) coal;
(b) other fuels in installations with a total rated thermal input of 20 MW or more.”,
(k) by substituting the following for paragraph 10:
“10 Cement, Lime and Magnesium Oxide
10.1 Other than the production of cement referred to in paragraph 10.2, the production of cement.
10.2 Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.
10.3 Production of lime in kilns with a production capacity exceeding 50 tonnes per day.
10.4 Production of magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.”,
(l) by inserting the following after paragraph 11.1:
“11.2 Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities:
(a) biological treatment;
(b) physico-chemical treatment;
(c) blending or mixing prior to submission to any of the other activities listed in paragraph 11.2 or 11.3;
(d) repackaging prior to submission to any of the other activities listed in paragraph 11.2 or 11.3;
(e) solvent reclamation or regeneration;
(f) recycling or reclamation of inorganic materials other than metals or metal compounds;
(g) regeneration of acids or bases;
(h) recovery of components used for pollution abatement;
(i) recovery of components from catalysts;
(j) oil re-defining or other reuses of oil;
(k) surface impoundment.
11.3 Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants—
(a) for non-hazardous waste with a capacity exceeding 3 tonnes per hour,
(b) for hazardous waste with a capacity exceeding 10 tonnes per day.
11.4 (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities:
(i) biological treatment;
(ii) physico-chemical treatment;
(iii) pre-treatment of waste for incineration or co-incineration;
(iv) treatment of slags and ashes;
(v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, (other than activities to which the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001 ) apply):
(i) biological treatment;
(ii) pre-treatment of waste for incineration or co-incineration;
(iii) treatment of slags and ashes;
(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
(c) Notwithstanding clause (b), when the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for that activity shall be 100 tonnes per day.
11.5 Landfills, within the meaning of section 5 (amended by Regulation 11(1) of the Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 ( S.I. No. 524 of 2008 )) of the Act of 1996, receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25,000 tonnes, other than landfills of inert waste.
11.6 Temporary storage of hazardous waste, (other than waste referred to in paragraph 11.5) pending any of the activities referred to in paragraph 11.2, 11.3, 11.5 or 11.7 with a total capacity exceeding 50 tonnes, other than temporary storage, pending collection, on the site where the waste is generated.
11.7 Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.”,
and
(m) in paragraph 13—
(i) by substituting the following for paragraph 13.3:
“13.3 Other than production of lime in a kiln referred to in paragraph 10.3, the production of lime.”,
(ii) by inserting the following after paragraph 13.5 inserted by Regulation 3 of the Environmental Protection Agency Act 1992 (First Schedule) (Amendment) Regulations 2011 ( S.I. No. 308 of 2011 ):
“13.6 Independently operated treatment of waste water (to which the Urban Waste Water Treatment Regulations 2001 do not apply) and discharged by an installation to which Part IV applies.”.
Part 3
Amendment of Waste Management Act 1996
Amendment of section 2 of Act of 1996.
24. Section 2 of the Act of 1996 is amended in the Table (amended by Regulation 3 of the European Communities (Waste Directive) Regulations 2011) to that section by deleting “Directive 2008/1/EC of the European Parliament and of the Council of 15 January 20083 covering integrated pollution and control.
3 O.J. No. L24, 29.1.2008, p. 8.”.
Amendment of section 5 of Act of 1996.
25. Section 5 of the Act of 1996 is amended—
(a) in subsection (1) by inserting the following definitions—
“ ‘Industrial Emissions Directive’ means Directive 2010/75/EU1 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);
‘integrated pollution control activity’ has the same meaning as it has in section 3 (amended by Regulation 4 of the European Union (Industrial Emissions) Regulations 2013) of the Act of 1992;
1 O.J. No. L334, 17.12.2010, p. 17”,
and
(b) in subsection (2) by deleting subparagraph (c) (inserted by section 20(3) of the Act of 2003).
Amendment of section 32 of Act of 1996.
26. Section 32(6) of the Act of 1996 is amended in paragraph (b) (inserted by section 29 of the Act of 2003) by inserting “for an integrated pollution control activity” after “or a licence or revised licence”.
Amendment of section 39A of Act of 1996.
27. Section 39A (inserted by section 34 of the Act of 2003) is amended—
(a) in subsection (1) by substituting “or, in relation to an integrated pollution control activity, Part IV of the Act of 1992” for “or Part IV of the Act of 1992”,
(b) in subsection (2)(b) by substituting “an integrated pollution control activity” for “an activity”,
(c) in subsection (3)(b) by inserting “for an integrated pollution control activity” after “the grant of a licence”,
(d) in subsection (4)(a)—
(i) by substituting “shall be regarded as an integrated pollution control activity” for “shall be regarded as an activity”, and
(ii) in subparagraph (i) by substituting “a licence for an integrated pollution control activity under Part IV” for “a licence under Part IV”,
and
(e) in subsection (7) by substituting “or a licence for an integrated pollution control activity under section 82” for “or a licence under section 82”.
Insertion of section 76A of Act of 1996.
28. The Act of 1996 is amended by inserting the following after section 76:
“Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.
76A.(1) In this section—
“earlier Part V” means Part V as it had effect before the coming into operation of the European Union (Industrial Emissions) Regulations 2013;
“licence or revised licence” means a licence or revised licence under Part IV of the Act of 1992.
(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless—
(a) on the coming into operation of this section a waste licence or revised waste licence under the earlier Part V is in force in relation to the activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and
(ii) on or before 7 January 2014—
(I) a waste licence or revised waste licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject to subsection (6), is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and
(II) the licensee concerned commences carrying on the activity.
(3) Subsection (2) applies to any of the following activities:
(a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EU1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as “Directive 2008/1/EC”) applies to the activity;
(b) an activity specified in paragraph 11.4(a)(i) or (ii) or paragraph 11.5 of the First Schedule to the Act of 1992.
(4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless—
(a) on the coming into operation of this section a waste licence or revised waste licence granted under the earlier Part V is in force in relation to that activity, or
(b) in respect of the activity—
(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and
(ii) on or before 7 July 2015—
(I) a waste licence or revised waste licence licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject to subsection (7), is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and
(II) the licensee concerned commences carrying on the activity.
(5) Subsection (4) applies to any of the following activities:
(a) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EC does not apply to the activity;
(b) an activity specified in paragraph 11.4(a)(iii), 11.4(a)(iv), 11.4(a)(v), 11.4(b), 11.6 or 11.7 of the First Schedule to the Act of 1992.
(6)(a) Where an application to which subsection (2)(b) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V.
(b) Where an application to which subsection (2)(b) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.
(7)(a) Where an application to which subsection (4)(b) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V.
(b) Where an application to which subsection (4)(b) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.
(8) A waste licence or revised waste licence referred to in subsection (2)(a) in force on the coming into operation of this section or (2)(b) and granted in accordance with subsection (6)(a) under the earlier Part V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have—
(a) examined the terms of every waste licence and revised waste licence referred to in subsection (2)(a) or (2)(b) which was granted under the earlier Part V and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(9) A waste licence or revised waste licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part V, shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have—
(a) examined the terms of every waste licence and revised waste licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part V and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and
(b) if—
(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11), or
(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.
(10)(a) None of the requirements of section 90 of the Act of 1992 shall apply to the exercise of the power under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before exercising the power.
(b) Where the Agency considers that it is necessary for the purpose of performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.
(c) The Agency shall, as soon as may be after the exercise of the power under subsection (8) or (9), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency under section 42(3) in relation to any exercise of the powers under section 40 or 46 as respects the waste licence or revised waste licence concerned.
(11) If the bringing into conformity with the Industrial Emissions Directive of a waste licence or revised waste licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the waste licence or revised waste licence (and the making of the amendment will not significantly alter the character of the licence) then the Agency shall make those amendments of the conditions of or schedules to the waste licence or revised waste licence (which, by virtue of this subsection, it has power to do).
(12) On and from the performance of its functions by the Agency under subsection (8) or (9)—
(a) Part IV of the Act of 1992 applies to the licence in relation to which the Agency has made its determination under either subsection,
(b) the licence concerned shall be deemed to have been granted under Part IV of the Act of 1992, and
(c) the licence concerned shall not be a waste licence or a revised waste licence.
1 O.J. No. L24, 29.1.2008, p.8”.
Amendment of First Schedule to Act of 1996.
29. The First Schedule (inserted by the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 )) to the Act of 1996 is amended—
(a) in paragraph 6 by substituting “the Industrial Emissions Directive” for “Directive 2008/1/EC”, and
(b) in paragraph 7 by substituting “the Industrial Emissions Directive” for “Directive 2008/1/EC”.
Part 4Consequential Amendments
Amendment of European Communities (Greenhouse Gas Emissions Trading) Regulations 2012.
30. The European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 ( S.I. No. 490 of 2012 ) are amended in Regulation 33(2)(a) by substituting “sections 83(4)(a), 83(5)(a)(vi), 86(1)(a)(i), 86(1)(b)(i), 86A(2), 86A(3)(b), 86A(3)(c)(ii) and (c)(iii) (in so far as it applies to emission limit values), 86A(4), 86A(5), 86A(6), 90(4)(a)(i) and 90(4)(a)(iia)” for “Sections 83(4)(a), 83(5)(a)(vi), 86(1)(a)(i), 86(1)(b)(i) and 90(4)(a)(i)”.
Amendment of Waste Management (Management of Waste from the Extractive Industries) Regulations 2009.
31. The Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 ( S.I. No. 566 of 2009 ) are amended in Regulation 3(2) by substituting, in the definition of “best available techniques”.
“Article 3(10) of Directive 2010/75/EU4.
4 O.J. No. L334, 17.12.2010, p. 17”
for
“Article 2(11) of Directive 96/61/EC4.
4 O.J. No. L257, 10.10.1996, p. 26”.
/images/ls
GIVEN under my Official Seal,
23 April 2013.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations primarily amend the Environmental Protection Agency Act 1992 and the Waste Management Act 1996 to transpose Chapters II and VI of Directive 2010/75/EC of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast). The Regulations apply to the industrial emissions directive activities specified in the First Schedule to the Environmental Protection Agency Act 1992 , as amended by these Regulations.
The Regulations also include other consequential amendments to regulations affected by the transposition of Chapter II of the Directive.
1 OJ No. L334, 17.12.2010, p. 17
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© Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas
S.I. No. 137/2013 –
Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013.
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY AND GENERAL
1. Citation.
2. Interpretation.
3. Scope.
PART II
APPLICATIONS
4. Notice of intention to apply for a licence or the review of a licence to the Agency.
5. Notices in newspapers.
6. Site notices.
7. Further notice.
8. Notice to the planning authority.
9. Application for a licence.
10. Procedure on receipt of an application for a licence.
11. Content of environmental impact statement.
PART III
REVIEW OF LICENCES
12. Form of notice of intention to review a licence or revised licence.
PART IV
CONSIDERATION OF APPLICATIONS OR REVIEWS
13. Further information.
14. Extension of time for proposed determinations.
15. Notice to Minister of certain applications for licences.
16. Notice to certain bodies.
17. Agency investigations.
18. Inspection and availability of documents including environmental impact statements.
19. Withdrawal or abandonment of application for a licence.
PART V
NOTIFICATIONS AND PUBLICATIONS
20. Advertisement of proposed determinations by the Agency.
21. Additional notice in certain cases.
22. Notification of proposed determination of application for a licence or review of a licence or revised licence.
23. Reasons for proposed determinations or decisions.
24. Results of monitoring and evaluations.
PART VI
OBJECTIONS
25. Form and content of objection.
26. Circulation of objections.
27. Power of the Agency to request submissions by objectors.
28. Power of the Agency to request submission of documents, particulars or information by an objector.
29. Withdrawal or abandonment of objections in certain cases.
30. Notification of oral hearings.
31. Procedure at oral hearings.
32. Power to require attendance at oral hearings.
33. Adjournment or reopening of an oral hearing.
34. Replacement of person or persons appointed to conduct an oral hearing.
35. Other matters may be taken into account by the Agency.
36. Period for consideration of objection.
37. Notification and publication of decisions.
PART VII
REGISTER
38. Form of register.
PART VIII
MISCELLANEOUS
39. Principal Polluting Substances.
40. Criteria for the determination by the Agency of a relevant person.
S.I. No. 137 of 2013
ENVIRONMENTAL PROTECTION AGENCY (INDUSTRIAL EMISSIONS) (LICENSING) REGULATIONS 2013
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 26th April, 2013.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 6, and section 85(4), 88(5) and 89 (inserted by section 15 of the Protection of the Environment Act 2003 (No. 27 of 2003)) of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and for the purpose of giving effect to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 20101 on industrial emissions (integrated pollution prevention and control) (Recast) hereby make the following Regulations:
PART I
PRELIMINARY AND GENERAL
Citation.
1. These Regulations may be cited as the Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013.
Interpretation.
2. (1) In these Regulations—
“the Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“the Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);
“the Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;
“applicant” means an applicant for a licence or for the review of a licence;
“application for a licence” means an application for a licence under section 83 of the Act of 1992 or by a licensee for a review under section 90(1)(b) for a review of a licence or revised licence;
“application for permission” means—
(a) an application for permission for development under Part III of the Act of 2000,
(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 225 of the Act of 2000, or
(c) an application for substitute consent under section 177E of the Act of 2000;
“grant of permission” means—
(a) a grant of permission for development under Part III of the Act of 2000,
(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Act of 2000, or
(c) a grant of substitute consent under section 177K of the Act of 2000;
“Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast);
“licence” means a licence granted under section 83 of the Act of 1992 to operate all or part of an installation within which one or more industrial emissions directive activities listed in the First Schedule to that Act are carried out;
“objection” means an objection under section 87 of the Act of 1992;
“objector” means the person who makes an objection;
“offices of the Agency” means the headquarters and the Regional Inspectorates of the Agency;
“oral hearing” means an oral hearing under section 87(8) of the Act of 1992;
“party to an objection” means—
(a) an objector, or
(b) the applicant for a licence or the licensee in the case of a review, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee),
and “party” shall be construed accordingly;
“Planning and Development Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );
“review” means a review of a licence or revised licence under section 90 of the Act of 1992;
“revised licence” means a revised licence under section 90 of the Act of 1992 to operate all or part of an installation within which one or more industrial emissions directive activities listed in the First Schedule to that Act are carried out;
(2) Where a requirement of or under the Act of 1992 or these Regulations requires submissions or observations to be made, or documents, particulars or other information to be submitted, to the Agency within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Organisation of Working Time Act (No. 20 of 1997)) or any other day on which the offices of the Agency are closed, the submissions or observations, or documents, particulars or other information, as the case may be, shall be regarded as having been received before the expiration of that period if received by the Agency on the next following day on which the offices of the Agency are open.
Scope.
3. (1) These Regulations apply to the industrial emissions directive activities within the meaning of section 3 to the Act of 1992.
(2) Notwithstanding Regulation 4(1), these Regulations apply to the installations carrying out industrial emissions directive activities referred to in section 82A(4) of the Act of 1992 from 7 July 2015 and which are in operation before these Regulations come into effect.
PART II
APPLICATIONS
Notice of intention to apply for a licence or the review of a licence to the Agency.
4. (1) An applicant shall—
(a) within the period of 2 weeks before the making of an application for a licence, publish notice of the intention to make the application in a newspaper circulating in the district in which the activity is or will be situate, in accordance with Regulation 5, and
(b) not later than the making of the application for the licence, give notice of the application by the erection or by the fixing of a site notice on the land or structure concerned, in accordance with Regulation 6.
Notices in newspapers.
5. A notice published in a newspaper pursuant to Regulation 4(1) shall, as appropriate, contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE”, or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A LICENCE”, as the case may be, and shall—
(a) give the name and address of the applicant,
(b) state the location or postal address (including, where appropriate, the name of the townland or townlands) to which the application relates,
(c) specify the class or classes and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(d) where the application is required to be accompanied by an environmental impact statement in accordance with this Part—
(i) state that such a statement will be submitted to the Agency with the application,
(ii) state that the environmental impact statement, and any further information relating to the effects on the environment of the emissions from the activity which may be furnished to the Agency in the course of the Agency’s consideration of the application, will be available at the headquarters of the Agency, and
(iii) indicate the name of the planning authority to which a copy of the environmental impact statement has been submitted,
and
(e) state that a copy of the application for the licence may be inspected on the Agency’s website or inspected at or obtained from the headquarters of the Agency as soon as is practicable after the receipt by the Agency of the application for the licence.
Site notices.
6. (1) A site notice erected or fixed pursuant to Regulation 4(1) on any land or structure shall—
(a) be painted or inscribed, or printed and affixed, on a durable material,
(b) be securely erected or fixed in a conspicuous position—
(i) on or near the main entrance to the land or structure from a public road, or
(ii) on any other part of the land or structure adjoining a public road,
and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road.
(2) Where the land or structure to which an application for a licence relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure.
(3) A site notice erected or fixed on any land or structure pursuant to Regulation 4(1) shall, as appropriate, be headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE”, or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A LICENCE”, as the case may be, and shall—
(a) state the name and address of the applicant,
(b) specify the class or classes and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(c) indicate the site location or proposed location of the activity,
(d) where the application is required to be accompanied by an environmental impact statement in accordance with this Part—
(i) state that such a statement has been or will be submitted, as the case may be, to the Agency with the application,
(ii) state that the environmental impact statement, and any further information relating to the effects on the environment of emissions from the activity which may be furnished to the Agency in the course of the Agency’s consideration of the application, will be available at the headquarters of the Agency, and
(iii) indicate the name of the planning authority to which a copy of the environmental impact statement has been submitted, and
(e) state that a copy of the application for the licence may be inspected on the Agency’s website or inspected at or obtained from the headquarters of the Agency as soon as is practicable after the receipt by the Agency of the application for the licence.
(4) A site notice in accordance with this Regulation shall be maintained in position where erected or fixed in accordance with Regulation 4(1), for at least one month after the making of the application, and shall be renewed or replaced if it is removed or becomes defaced or illegible within the period during which it is required to be displayed.
Further notice.
7. Where—
(a) a period of more than 2 weeks has elapsed between the publication in a newspaper of a notice in accordance with Regulation 4 and the making of the relevant application for a licence, or
(b) it appears to the Agency that any notice published or given in pursuance of Regulation 4—
(i) if published in a newspaper, does not comply with the provisions of Regulation 5, or
(ii) if erected or fixed on any land or structure, does not comply with the provisions of Regulation 6, or
(iii) in either case, because of its content or for any other reason, is misleading or inadequate for the information of the public,
the Agency shall require the applicant to publish, erect or fix such further notice in such manner, whether in a newspaper or otherwise, in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement.
Notice to the planning authority.
8. A notice required to be given to the planning authority under section 87(1)(a) of the Act of 1992 shall at least contain the information referred to in Regulation 5.
Application for a licence.
9. (1) An application for a licence shall be submitted to the headquarters of the Agency and shall be in such form as may be determined by the Agency which may include electronic submission via the website of the Agency.
(2) Without prejudice to the generality of paragraph (1), an application for a licence shall—
(a) give:
(i) the name, address and telephone number of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office,
(ii) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the activity relates,
(iii) the name of the planning authority in whose functional area the activity is or will be carried on, and
(iv) in the case of a discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer of a sanitary authority, give the name of the sanitary authority in which the sewer is vested or by which it is controlled,
(b) give:
(i) in the case of an established activity, the number of employees and other persons working or engaged in connection with the activity on the date after which a licence is required and during normal levels of operation, or
(ii) in any other case, the gross capital cost of the activity to which the application relates,
(c) specify the relevant class or classes in the First Schedule to the Act of 1992 to which the industrial emissions directive activity relates,
(d) in accordance with section 87(1B)(a) of the Act of 1992 in the case where an application for permission for the development comprising or for the purposes of the industrial emissions directive activity to which the application for the licence relates is currently under consideration by the planning authority concerned or An Bord Pleanála, a written confirmation from the planning authority or An Bord Pleanála, as appropriate, of that fact together with either:
(i) a copy of the environmental impact statement, 2 hard copies and 2 electronic copies or in such form as may be specified by the Agency, that was required to be submitted with the application for planning permission, or
(ii) a written confirmation from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Act of 2000,
(e) in accordance with section 87(1B)(b) of the Act of 1992 in the case where permission for the development comprising or for the purposes of the industrial emissions directive activity to which the application for the licence relates has been granted, a copy of the grant of permission together with either:
(i) a copy of the environmental impact statement, 2 hard copies and 2 electronic copies or in such form as may be specified by the Agency, that was required to be submitted with the application for permission, or
(ii) a written confirmation from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Act of 2000,
(f) specify the raw and ancillary materials, substances, preparations, fuels and energy which will be produced by or utilised in the activity,
(g) describe the plant, methods, processes, ancillary processes, abatement, recovery and treatment systems, and operating procedures for the activity,
(h) indicate how the requirements of section 83(5)(a)(i) to (v) and (vii) to (xa) of the Act of 1992 shall be met, having regard, where appropriate, to any relevant specification issued by the Agency under section 5(3)(b) of that Act or any applicable best available techniques (BAT) conclusions adopted in accordance with Article 13(5) of the Industrial Emissions Directive and the reasons for the selection of the arrangements proposed,
(i) give particulars of the source, nature, composition, temperature, volume, level, rate, method of treatment and location of emissions, and the period or periods during which the emissions are, or are to be, made,
(j) identify monitoring and sampling points and outline proposals for monitoring emissions and the environmental consequences of any such emissions,
(k) provide:
(i) details, and an assessment, of the impacts of any existing or proposed emissions on the environment as a whole, including on an environmental medium other than that or those into which the emissions are, or are to be, made, and
(ii) details of the proposed measures to prevent or eliminate, or where that is not practicable, to limit, reduce or abate emissions,
(l) describe in outline the main alternatives to the proposed technology, techniques and measures which were studied by the applicant,
(m) describe the condition of the site of the installation,
(n) provide, when requested by the Agency, in the case of an activity that involves the use, production or release of relevant hazardous substances (as defined in section 3 of the Act of 1992) and having regard to the possibility of soil and groundwater contamination at the site of the installation, a baseline report in accordance with section 86B of the Act of 1992,
(o) specify the measures to be taken to comply with an environmental quality standard where such a standard requires stricter conditions to be attached to a licence than would otherwise be determined by reference to best available techniques,
(p) describe the measures to be taken for minimising pollution over long distances or in the territory of other states,
(q) describe the measures to be taken under abnormal operating conditions, including start-up, shutdown, leaks, malfunctions, breakdowns and momentary stoppages,
(r) describe the measures to be taken on and following the permanent cessation of the activity or part of the activity to avoid any risk of environmental pollution and to return the site of the activity to a satisfactory state or the state established in the baseline report if such is required under section 86B of the Act of 1992,
(s) describe the arrangements for the prevention of waste in accordance with Part III of the Act of 1996, and where waste is generated by the installation, how it will be in order of priority in accordance with section 21A of the Act of 1996, prepared for re-use, recycling, recovery or where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,
(t) specify, by reference to the relevant European Waste Catalogue codes as prescribed by Commission Decision 2000/532/EC of 3 May 20002 , the quantity and nature of the waste or wastes produced or to be produced by the activity, or the quantity and nature of the waste or waste accepted or to be accepted at the installation,
(u) state whether the activity consists of, comprises, or is for the purposes of an establishment to which the European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2006 ( S.I. No. 74 of 2006 ) apply,
(v) describe, in the case of an activity which gives rise, or could give rise, to an emission containing a hazardous substance which is discharged to an aquifer and is specified in the Annex to Council Directive 80/68/EEC of 17 December 19793 on the protection of groundwater against pollution caused by certain dangerous substances, the arrangements necessary to comply with the said Council Directive,
(w) include a non-technical summary of information provided in relation to the matters specified in subparagraphs (c) to (x) of this paragraph,
(x) include any other information required under Article 11 of the Industrial Emissions Directive.
(3) An application for a review of a licence shall:
(a) state the grounds on which it is made,
(b) specify the reference number given to the relevant licence in the register,
(c) include results of emission monitoring and 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 in accordance with section 86A(9) of the Act of 1992, and
(d) include the information specified in paragraph (2) and such plans, documents and particulars as are specified under paragraph (4) to the extent and in such a manner as may be specified by the Agency.
(4) An application for a licence shall be accompanied by—
(a) a copy of the relevant page of the newspaper in which the notice in accordance with Regulation 5 has been published,
(b) a copy of the text of the site notice erected or fixed on the land or structure in accordance with Regulation 6,
(c) a copy of the notice given to the planning authority under section 87(1)(a) of the Act of 1992,
(d) a copy of such plans, including a site plan and location map, and such other particulars, reports and supporting documentation as are necessary to identify and describe—
(i) the activity,
(ii) the position of the site notice in accordance with Regulation 6,
(iii) the point or points from which emissions are made or are to be made,
(iv) monitoring and sampling points, and
(e) a fee specified in accordance with section 99A of the Act of 1992.
(5) A signed original, 1 hardcopy and 2 electronic copies of the application as required under paragraphs (1) and (2) or under paragraphs (1) and (3), where the application concerns a review of a licence, and the accompanying documents and particulars as required under paragraph (4) shall be submitted to the headquarters of the Agency.
Procedure on receipt of an application for a licence.
10. (1) On receipt of an application for a licence, the Agency shall—
(a) stamp the application with the date of receipt, and
(b) examine whether the application complies with the requirements of Regulation 9.
(2)(a) Where the Agency considers that an application for a licence complies with the requirements of Regulation 9, it shall send to the applicant an acknowledgment stating the date of receipt of the application.
(b) Where the Agency considers that an application for a licence does not comply with any or all of the requirements referred to in subparagraph (a) which relate to the application, it may, as it considers appropriate having regard to the extent of the failure to comply with the said requirements, by notice in writing—
(i) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(ii) require the applicant, within such period as may be specified by the Agency, to take such steps, or to furnish such further particulars, plans, drawings or maps, as may be necessary to comply with the said requirements and, where the applicant fails to comply with a requirement under this subparagraph, the Agency may, as it considers appropriate having regard to the extent of the failure, inform the applicant, by notice in writing, of such failure and that the application cannot be considered by the Agency.
Content of environmental impact statement.
11. (1) An environmental impact statement submitted to the Agency in accordance with any provision of this Part shall comply with article 94 of the Planning and Development Regulations, or with any provision amending or replacing the said article 94.
(2)(a) The Agency shall in fulfilling its duty under section 83(2A)(f) of the Act of 1992 on receipt of an environmental impact statement, consider if the content of the statement complies with paragraph (1) and determine whether that content adequately identifies, describes and assesses the direct and indirect effects of the proposed development on the environment.
(b) Where the Agency considers that an environmental impact statement does not comply with paragraph (1) and does not so adequately identify, describe or assess, the Agency shall, by notice in writing, so inform the applicant, and require the applicant to submit such further information or particulars as may be necessary to secure compliance.
PART III
REVIEW OF LICENCES
Form of notice of intention to review a licence or revised licence.
12. (1) Where the Agency proposes to review a licence or revised licence under section 90 of the Act of 1992 of its own volition, it shall publish a notice of such intention in a newspaper circulating in the district in which the activity is or will be situate.
(2) Every notice given in writing under section 87(1)(b) of the Act of 1992 or published in accordance with paragraph (1) shall indicate—
(a) the reference number given under Regulation 38(2) to the existing licence or revised licence in the register of licences,
(b) the reference number given under Regulation 38(2) to the said notification under section 87(1)(b) of the Act of 1992 in the register of licences, and
(c) the reason for the review.
(3) A notice given in writing under section 87(1)(b) of the Act of 1992 to the licensee shall indicate that a submission relating to the review may be made in writing to the Agency within 4 weeks of the date of the giving of the notice.
(4) A notice given in writing under section 87(1)(b) of the Act of 1992 may require the licensee to submit such plans, documents, drawings, maps, evidence or other information and particulars as the Agency considers necessary for the purpose of the review, including, in particular, results of emission monitoring and 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.
(5) Where the licensee fails or refuses to comply with any requirement of the Agency under paragraph (4) within 4 weeks from the date of the notice the Agency may proceed with its proposed determination of the review.
PART IV
CONSIDERATION OF APPLICATIONS OR REVIEWS
Further information.
13. (1) Where the Agency receives an application for a licence or a review of a licence it may, by notice in writing, require the applicant—
(a) to submit any further information, particulars, plans, drawings or maps relative to the application which it considers necessary to enable it to deal with the application, or
(b) to produce any evidence which it may reasonably require to verify any particulars or information given by the applicant in or in relation to the application.
(2) Where the Agency has given a notice in writing under section 87(1)(b) or 90(7) of the Act of 1992 to the licensee, it may, by further notice in writing, require the licensee—
(a) to submit any further information, particulars, plans, drawings or maps which it considers necessary to enable it to determine the review, or
(b) to produce any evidence which it may reasonably require to verify any particulars or information given by the licensee in response to such notice or further notice.
(3) The Agency shall not require an applicant or a licensee who has complied with a requirement under paragraph (1) or (2), as appropriate, to submit any further particulars, plans, drawings, maps or information save as may be reasonably necessary to clarify the matters dealt with in the applicant’s or licensee’s response to the requirement or to enable them to be considered or assessed.
(4) Where there is a failure or refusal to comply with a requirement under paragraph (1) or (2) within 4 weeks of the date of notice of such requirement, the Agency may, if it thinks fit—
(a) proceed with its consideration of the application or the review and give a notification under section 87(2) of the Act of 1992 in the absence of the particulars, plans, drawings, maps, information or evidence specified in the requirement, or
(b) inform the applicant, by notice in writing, of such failure and that the application or review cannot be considered by the Agency.
Extension of time for proposed determinations.
14. (1) Where a notice has been given under Regulation 13 in relation to an application for a licence or the review of a licence or revised licence, the period specified in section 87(3) of the Act of 1992 for giving a notification under subsection (2) of that section shall be extended to 8 weeks beginning on the day on which the notice under Regulation 13 has been complied with.
(2) If, before the expiration of the period specified in section 87(3) of the Act of 1992, the applicant or the licensee gives to the Agency his consent in writing to the extension by it of that period, the Agency may so extend the period.
(3) The Agency may, and shall at the request of the Minister, before the expiration of the period specified in section 87(3) of the Act of 1992, extend the said period in such manner as it considers appropriate or as may be required by the Minister in the case of an application for a licence for an activity the emissions from which would be likely to have significant effects on the environment in another Member State of the European Union and in respect of which activity the Minister has been notified under Regulation 15.
(4)(a) Where, in accordance with paragraphs (1), (2) or (3) the period specified in section 87(3) of the Act of 1992 is extended, the Agency shall, as soon as may be, publish notice of the extension, on the Agency’s website.
(b) Where the period specified in section 87(3) of the Act of 1992 is extended in accordance with paragraph (3), the Agency shall, in addition to the requirement of subparagraph (a), notify the Minister of the extension.
Notice to Minister of certain applications for licences.
15. (1) Where the Agency receives an application, other than an application in respect of which a notice in accordance with Regulation 10(2)(b)(i) has been or will be given, and it appears to the Agency that the activity, the subject of the application, would or is likely to have a significant adverse impact on the environment in another Member State of the European Union, the Agency shall as soon as may be after receipt of the said application, notify the appropriate competent authority in the Member State concerned.
(2) The Agency shall notify the Minister of any notice given in accordance with paragraph (1) or any request to which paragraph (4) relates.
(3) A notice given in accordance with paragraph (1) shall be accompanied by a copy of the relevant application and of all accompanying documents and particulars, including any environmental impact statement received by the Agency in accordance with the provisions of Part II, and shall as a minimum indicate—
(i) the reference number given under Regulation 38(2) to the application in the register of licences,
(ii) the name and address of the applicant or licensee,
(iii) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the application relates,
(iv) the class or classes and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(v) the date of receipt of the application, and
(vi) the name of the planning authority to which a copy of the environmental impact statement has been submitted.
(4) Upon request by the competent authority in another Member State of the European Union, the environment of which would or is likely to be significantly adversely affected by an activity which is the subject of an application under Part II, the Agency shall, as soon as may be, forward to the said authority the material specified in paragraph (3).
(5) Where an application for a licence in respect of which an environmental impact statement has been submitted in accordance with any provision of Part II relates to an activity which the Minister considers likely to have a significant adverse effect on the environment in another Member State of the European Union, the Minister may:
(a) require the Agency to furnish to him such information or documents concerning the application as he may specify, and
(b) the Agency shall if requested by the Minister enter into consultations with the competent authority of that Member State before notifying under section 87(2) of the Act of 1992, indicating its proposed determination in relation to the application for a licence.
(6) Where the Minister is informed by the competent authority of another Member State of the European Union other than the State, in accordance with Article 26(1) of the Industrial Emissions Directive, of an application for a licence for an activity likely to have a significant adverse effect on the environment of the State, he or she shall inform the Agency forwarding the information received from the competent authority concerned.
(7) Where the Agency is informed by the Minister pursuant to paragraph (5), or is notified by the competent authority of the Member State, of an application for a licence referred to in that paragraph, the Agency shall:
(a) for the purpose of complying with Article 26(2) of the Industrial Emissions Directive, take such steps as the Agency considers appropriate for the purposes of bringing the information to the attention of the persons in the State likely to be affected by the operation of the installation and providing them with an opportunity to comment on that information,
(b) consider the information forwarded by that competent authority pursuant to Article 26(1) of the Industrial Emissions Directive, and furnish any observations that it has on the licence application to the competent authority of the Member State concerned,
(c) enter into consultations, as the Agency considers appropriate, with the competent authority referred to in subparagraph (b) in relation to the effects on the environment of the State of emissions from the activity to which the application for a licence relates, and
(d) where the Agency is informed by the competent authority concerned, in accordance with Article 26(4) of the Industrial Emissions Directive, of its decision, the Agency shall take such steps as it considers appropriate for the purpose of bringing the decision to the attention of the persons in the State likely to be affected by the operation of the installation to which the decision relates.
Notice to certain bodies.
16. (1) Where the Agency receives an application for a licence, other than an application in respect of which a notice in accordance with Regulation 10(2)(b)(i) has been or will be given, or has given a notice in writing of intention to review a licence or revised licence under section 87(1)(b) of the Act of 1992, it shall notify—
(a) the Minister for Agriculture, Food and the Marine,
(b) the Minister for Communications, Energy and Natural Resources,
(c) the Minister for the Environment, Community and Local Government,
(d) the Minister for Transport, Tourism and Sport,
(e) Inland Fisheries Ireland,
(f) An Taisce — The National Trust for Ireland,
(g) each local authority in whose functional area the activity is or will be situate,
(h) in the case of a discharge to which section 99E of the Act of 1992 relates, the relevant water services authority,
(i) the Health Service Executive,
(j) the Health and Safety Authority,
(k) Fáilte Ireland,
(l) Teagasc,
(m) in the case of an activity any part of which is situate within the functional area of Shannon Development (the Shannon Free Airport Development Company Limited), that company,
(n) in the case of an activity likely to have a significant adverse effect on the environment of another Member State, the competent authority of that Member State, and
(o) such other public authorities, persons or bodies, if any, as the Agency considers appropriate.
(2) A notice given in accordance with paragraph (1) shall at least indicate—
(a) the reference number given under Regulation 38(2) to the application or review in the register of licences,
(b) the name and address of the applicant or the licensee, as the case may be,
(c) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the application or the review relates,
(d) the class or classes and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(e) the date of receipt of the application or the publication of a notice under section 87(1)(b) of the Act of 1992,
(f) that a copy of the application will be available to view and download on the Agency’s website as soon as practicable after its receipt by the Agency.
(3) Where an environmental impact statement is received in respect of an application for a licence in accordance with any provision of Part II the Agency shall inform each authority, person or body to which it has given notice under paragraph (1) that a copy of the statement is available to view on the Agency’s website and indicate the name of the planning authority to which the environmental impact statement has been submitted.
Agency investigations.
17. The Agency may carry out, or arrange to have carried out, such investigations as it considers necessary to enable it properly to determine or to decide on an application for a licence or the review of a licence or revised licence, and may require the applicant or the licensee, as appropriate, to defray or contribute towards the cost of any such investigations.
Inspection and availability of documents including environmental impact statements.
18. (1) In accordance with the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ), the Agency shall make the environmental information specified in paragraph (3) available to view and download for inspection from the Agency’s website, as soon as practicable after its receipt by the Agency, for at least 4 years following the day on which a decision is made on the application for a licence or the review of a licence.
(2) In the event that a person cannot access the environmental information referred to in paragraph (3) on the Agency’s website, the Agency shall upon request provide that information by any other effective means.
(3) For the purposes of paragraph (1) information to be made available includes but is not limited to—
(a) an application for a licence,
(b) a notice given in writing to the licensee under section 87(1)(b) of the Act of 1992,
(c) such other notices as are given by the Agency under Part IV of the Act of 1992 or under these Regulations in respect of the application for a licence or the review of a licence or a revised licence,
(d) such information, particulars, plans, drawings, maps including site location maps, photographs, evidence, environmental impact statements, notices, objections, submissions, views or observations as are received or obtained by the Agency from the applicant or licensee or any other person in accordance with Part IV of the Act of 1992 or in accordance with these Regulations in respect of the application for a licence or the review of a licence or revised licence, and
(e) any written submissions received by the Agency following the giving or publication of a notice under section 87(1) of the Act of 1992.
(4) Upon expiration of the period referred to in paragraph (1) where the Agency removes any environmental information from its website, the Agency shall in accordance with the European Communities (Access to Information on the Environment) Regulations 2007 make available to the public, whether for public inspection during office hours at the headquarters of the Agency or otherwise, environmental information held by it.
Withdrawal or abandonment of application for a licence.
19. (1) An application for a licence or review of a licence may be withdrawn by the applicant or licensee at any time before the making of the decision of the Agency on the application.
(2) Where the Agency is of the opinion that an application for a licence or review of a licence has been abandoned it may give to the applicant a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than 14 or not more than 28 days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the application should not be regarded as having been abandoned.
(3) Where a notice has been given under paragraph (2), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Agency pursuant to the notice, declare that the application to which the notice relates shall be regarded as having been abandoned.
(4) Where pursuant to this Regulation the Agency declares that an application is to be regarded as having been withdrawn or abandoned, any objection in relation to the application shall not be further considered by the Agency.
PART V
NOTIFICATIONS AND PUBLICATIONS
Advertisement of proposed determinations by Agency.
20. (1) The Agency shall, within 10 days of the giving of a notification under section 87(2) of the Act of 1992, publish its proposed determination on its website and, in a newspaper circulating in the district in which the activity is or will be situate a notice indicating—
(a) the reference number given under Regulation 38(2) to the application or review in the register of licences,
(b) the name and address of the applicant or the licensee,
(c) the class or classes of the industrial emissions directive activity and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(d) the location and postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the application or review relates,
(e) the date of the giving of the notification under section 87(2) of the Act of 1992,
(f) the manner in which the Agency proposes to determine the application or review, including if it is proposed to apply the derogation as provided for in section 86A(6)(a) of the Act of 1992,
(g) where a copy of the proposed licence or revised licence or the proposed reasons for refusal, as the case may be, may be obtained,
(h) that an objection which shall include the grounds for the objection and be accompanied by the appropriate fee specified in accordance with section 99A of the Act of 1992, may be made to the Agency within the appropriate period, and
(i) that a person making an objection may, within the appropriate period and in writing, request an oral hearing of the objection and that the request shall not be considered by the Agency unless it is accompanied by the appropriate fee specified in accordance with section 99A of the Act of 1992.
Additional notice in certain cases.
21. (1) Where the Agency, in accordance with Regulation 16, has given notice of an application for a licence or a notice of intention to review a licence or revised licence under section 87(1)(b) of the Act of 1992, to a public authority, person or body, it shall notify that public authority, person or body of its proposed determination in respect of the application or the review, as appropriate, within 3 working days of the giving of the notification of the proposed determination.
(2) The Agency shall, within 3 working days of the giving of the notification of its proposed determination of an application for a licence in respect of which notice was given to the Minister in accordance with Regulation 15 or in relation to which information or documents were furnished to the Minister in accordance with Regulation 15(3), notify the Minister of the proposed determination.
Notification of proposed determination of application for a licence or review of a licence or revised licence.
22. Every notification given under section 87(2) of the Act of 1992 shall, in addition to the matters specified in that subsection, specify—
(a) the reference number given under Regulation 38(2) to the application or the review in the register of licences,
(b) the industrial emissions directive activity to which the proposed determination relates,
(c) the day of the giving of the notification,
(d) where it is proposed to grant a licence or revised licence the conditions, if any, to be attached and the reasons therefor and where a copy of the proposed licence or revised licence may be obtained,
(e) where it is proposed to refuse to grant a licence or revised licence, the reasons for such refusal,
(f) that an objection against the proposed determination, which shall include the grounds for the objection and be accompanied by the appropriate fee specified in accordance with section 99A of the Act of 1992, may be made to the Agency in accordance with the following—
(i) in the case of the applicant or the licensee the period of 28 days beginning on the day of the giving of the notification, or
(ii) in any other case, the period of 28 days beginning on the day of the giving of the notification,
(g) that the decision of the Agency shall be in accordance with the proposed determination and shall be issued as soon as may be after the expiration of the appropriate period where no objection is taken or where an objection or objections is or are taken and the objection or objections is or are withdrawn.
Reasons for proposed determinations or decisions.
23. A proposed determination under section 87(2) of the Act of 1992 or a decision under section 83(1) or 90(2) of that Act shall contain the reasons for the proposed determination or the decision.
Results of monitoring and evaluations.
24. (1) A licensee shall, not later than 31 March in each year, furnish to the Agency information, of such nature and in such form as may be specified in guidance documents published by the Agency to include the results of emissions monitoring required under the conditions attaching to the licence concerned, in relation to the environmental performance of the installation concerned.
(2) The Agency shall make the information under paragraph (1) publicly accessible on the Agency’s website as soon as is practicable after its receipt by the Agency.
PART VI
OBJECTIONS
Form and content of objection.
25. (1) An objection shall—
(a) be made in writing,
(b) state the name and address of the objector,
(c) state the reference number given under Regulation 38(2) to the application or the review in the register of licences and the subject matter of the objection,
(d) state the grounds for the objection and the reasons, considerations and arguments on which they are based, and
(e) be accompanied by a fee specified in accordance with section 99A of the Act of 1992.
(2) Without prejudice to Regulation 27, an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds for the objection stated in the objection, or to submit further grounds of objection and any such elaboration, submission or further grounds for the objection that is or are received by the Agency shall not be considered by it.
(3)(a) An objection shall be accompanied by such documents, particulars or other information relating to the objection as the objector considers necessary or appropriate.
(b) Without prejudice to Regulation 27, the Agency shall not consider any documents, particulars or other information submitted by an objector other than the documents, particulars or other information which accompanied the objection.
(4) An objection shall be made—
(a) by sending the objection by prepaid post to the headquarters of the Agency,
(b) by leaving the objection with an employee of the Agency at the headquarters of the Agency during office hours, or
(c) online via the website of the Agency where such facility is made available by the Agency.
(5) The Agency shall as soon as may be after receipt of an objection acknowledge such receipt.
Circulation of objections.
26. (1) The Agency shall, as soon as may be after receipt of an objection, give a copy thereof to each other party to the objection.
(2) Each other party to the objection may make submissions in writing to the Agency in relation to the objection within a period of one month beginning on the day on which a copy of the objection is sent to that party by the Agency.
(3) Any submissions received by the Agency after the expiration of the period mentioned in paragraph (2) shall not be considered by the Agency.
(4) Where no submissions have been received from a party to an objection within the period mentioned in paragraph (2), the Agency may without further notice to that party consider the objection.
(5) Without prejudice to Regulation 27, a party to the objection shall not be entitled to elaborate in writing upon any submissions made in accordance with paragraph (2) or make any further submissions in writing in relation to the objection and any such elaboration or submission that is received by the Agency shall not be considered by it.
Power of the Agency to request submissions by objectors.
27. Where the Agency is of the opinion that, in the particular circumstances of an objection, it is appropriate in the interests of justice to request a party to the objection to make submissions in relation to any matter which has arisen in relation to the objection, the Agency may, in its discretion, notwithstanding Regulations 25(3) and 26(5), give notice under this Regulation—
(a) requesting that party, within a period specified in the notice (not being less than 14 or more than 28 days beginning on the date of the giving of the notice) to make to the Agency a submission in writing in relation to the matter in question, and
(b) stating that, if a submission in writing is not received before the expiration of the period specified in the notice, the Agency will, after the expiration of that period and without further notice to the party, proceed with its consideration of the objection and make a decision on the application for a licence or the review of a licence or revised licence.
Power of the Agency to request submission of documents, particulars or information by an objector.
28. Where the Agency is of the opinion that any document, particulars or other information is or are necessary for the purposes of enabling it to consider an objection, the Agency may give to any party to the objection a notice under this Regulation—
(a) requiring that party, within a period specified in the notice (being a period of not less than 14 days beginning on the date of the giving of the notice) to submit to the Agency such document, particulars or other information (which document, particulars or other information shall be specified in the notice), and
(b) stating that, in default of compliance with the requirements of the notice, the Agency will, after the expiration of the period so specified and without further notice to the party, make a decision on the application for a licence or the review of a licence or revised licence.
Withdrawal or abandonment of objections in certain cases.
29. (1) Where the Agency is of the opinion that an objection has been withdrawn or abandoned, it may give to the party who made the objection a notice stating that fact and requiring that party, within a period specified in the notice (being a period of not less than 14 or more than 28 days beginning on the date of the giving of the notice) to make to the Agency a submission in writing as to why the objection should not be regarded as having been either withdrawn or abandoned.
(2) Where a notice has been given under paragraph (1), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Agency pursuant to the notice, declare that the objection to which the notice relates shall be regarded as having been withdrawn.
Notification of oral hearings.
30. (1) Where the Agency decides to hold an oral hearing, it shall give the persons specified in section 87(8) of the Act of 1992 not less than 7 days notice of the time and place of the opening of the oral hearing or such shorter notice as may be accepted by all such persons.
(2) The Agency may, at any time before the opening of an oral hearing, alter the time or place of the opening of the hearing and, in the event of such alteration, the Agency shall give the persons specified in section 87(8) of the Act of 1992 not less than 7 days notice of the new time and place or such shorter notice as may be accepted by all such persons.
Procedure at oral hearings.
31. (1) A person or persons appointed to conduct an oral hearing shall have discretion as to the conduct of the hearing and in particular shall—
(a) conduct the hearing without undue formality,
(b) permit any party to the objection, the planning authority in whose functional area the activity to which the licence application or review relates, is or will be situate, or such employee of the Agency as the Agency may decide, to appear in person or to be represented by another person,
(c) decide the order of appearance of persons to be heard.
(2) Where the Agency has given notice in accordance with Regulation 35(2) of its intention to take into account matters other than those raised by the parties to the objection, the parties shall be permitted, if present, to make submissions in relation to the said matters to the person conducting the oral hearing.
(3) A person or persons appointed by the Agency to conduct an oral hearing shall be appointed in writing by the Agency to be an authorised person for the purposes of section 13 of the Act of 1992.
Power to require attendance at oral hearings.
32. (1) Subject to paragraph (2), the person or persons appointed to conduct an oral hearing may, by giving notice in that behalf in writing to any party to the objection, such employee of the Agency as the Agency may decide or the planning authority in whose functional area the activity is or will be situate, require that party, employee or authority to attend at such time and place as is specified in the notice and to produce any documents, particulars, or other information in his or its possession, custody or control.
(2) The following provisions shall have effect for the purposes of paragraph (1)—
(a) it shall not be necessary for a person to attend in compliance with a notice at a place more than 10 miles from a person’s ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance has been paid or tendered to that person,
(b) the Agency shall pay or tender to any person whose attendance is required such sum as the Agency, following consultation with the person appointed to conduct the oral hearing, considers will cover the reasonable and necessary expenses of the attendance,
(c) any person who in compliance with a notice has attended at any place shall, save insofar as the reasonable and necessary expenses of the attendance have already been paid to that person, be paid those expenses by the Agency, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) A person to whom a notice under paragraph (1) has been given shall not refuse or wilfully neglect to attend in accordance with the notice or shall not wilfully alter, suppress, conceal or destroy any documents, particulars or other information to which the notice relates or having so attended, shall not refuse or wilfully fail to produce any documents, particulars or other information to which the notice relates.
(4) A person or persons appointed to conduct an oral hearing may require an officer of a local authority, sanitary authority or planning authority concerned to provide any information which that person reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.
Adjournment or reopening of an oral hearing.
33. (1) Subject to paragraphs (2) and (3), the person or persons appointed to conduct an oral hearing may—
(a) adjourn or resume the oral hearing,
(b) having obtained the consent of the Agency, re-open the hearing, or
(c) notwithstanding that any party to the objection has failed to attend a hearing, proceed with the hearing.
(2) Notice of the time and place of the resumption of an oral hearing that has been adjourned indefinitely or the reopening of an oral hearing shall be given by the Agency to the persons specified in section 87(8) of the Act of 1992 not less than 7 days before the said time or such shorter period as may be accepted by all such persons.
(3) Unless the Agency considers it expedient to do so and so directs, an oral hearing shall not be re-opened after the report thereon has been made to the Agency.
Replacement of person or persons appointed to conduct an oral hearing.
34. If, for any reason, the person or persons appointed to conduct an oral hearing is unable or fails to conduct, or to complete the conduct of, an oral hearing or, for any reason, is unable or fails to furnish a written report on an oral hearing to the Agency, the Agency may appoint another person or persons to conduct the oral hearing or to conduct a new oral hearing and to furnish a written report of the hearing concerned.
Other matters may be taken into account by the Agency.
35. (1) The Agency in considering an objection may take into account matters other than those raised by a party to the objection.
(2) The Agency shall give notice in writing to each party to the objection of the matters that it proposes to take into account under paragraph (1) and shall indicate in that notice—
(a) in a case where the Agency proposes to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and is re-opened in accordance with Regulation 33, that submissions in relation to the said matters may be made to the person appointed to conduct the hearing, or
(b) in a case where the Agency does not propose to hold an oral hearing of the objection, or where an oral hearing of the objection has been concluded and the Agency does not propose to consent to the re-opening of the hearing, that submissions in relation to the said matters may be made to the Agency in writing within a period specified in the notice (being a period of not less than 14 or more than 28 day beginning on the date of the giving of the notice).
(3) Submissions as aforesaid that are received by the Agency after the expiration of the period referred to in paragraph (2)(b) shall not be considered by the Agency.
(4) Without prejudice to Regulation 27, where a party to an objection makes a submission to the Agency in accordance with paragraph (2)(b), that party shall not be entitled to elaborate in writing upon that submission or to make further submissions in writing in relation to the matters referred to in paragraph (1) and any such elaboration or submissions that are received by the Agency shall not be considered by it.
Period for consideration of objection.
36. (1) Where it appears to the Agency that it would not be possible or appropriate, because of the particular circumstances of an objection, to carry out the procedures for the consideration of an objection, whether or not an oral hearing is held, within 4 months beginning on the day after the expiration of the appropriate period, the Agency shall give notice in writing to each party to the objection of the reasons why it would not be possible or appropriate, as the case may be, to do so and shall specify the date before which the Agency intends to carry out such procedures.
(2) Where a notice has been given under paragraph (1), the Agency shall take all such steps as are open to it to ensure that the procedures are carried out before the date specified in the notice.
Notification and publication of decisions.
37. (1)(a) The Agency shall notify each person specified in section 87(2) and 87(8) of the Act of 1992 and persons or bodies notified under Regulation 15 and 16 of its decision under section 83(1) of that Act on application for a licence or under section 90(2) of that Act on the review of a licence or revised licence.
(b) A notification under subparagraph (a) shall be accompanied by a copy of the decision, or in the case of a notification to specified bodies a link to the decision referred to on the Agency’s website.
(2) The Agency shall, within 10 days of the giving of a decision referred to in paragraph (1)(a), publish a notice of its decision on its website and in a newspaper circulating in the district in which the industrial emissions directive activity is or will be situate.
(3) Where the Agency publishes a notice pursuant to paragraph (2) on its website, the notice shall include the following information—
(a) the reference number given under Regulation 38(1) to the application or review in the register of licences,
(b) the name and address of the applicant or licensee,
(c) the class or classes of the industrial emissions directive activity and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(d) the location and postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the decision relates,
(e) the nature of the decision,
(f) the date of the giving of the decision,
(g) a description, where necessary, of the main measures to avoid, reduce, and, if possible, offset the major adverse effects on the environment,
(h) the title of the best available techniques reference documents (BREFs) relevant to the installation or activity concerned,
(i) information about how emission limit values have been determined in relation to best available techniques and emission limit values associated with the techniques,
(j) if a derogation has been granted in accordance with section 86A(6)(a) of the Act of 1992, the specific reasons for such derogation and the conditions imposed,
(k) where—
(i) the content of the decision, including a copy of the licence or revised licence and of any conditions and any subsequent updates,
(ii) having examined the concerns and opinions expressed by any person, the reasons and considerations on which the decision is based, including information on the public participation process, and
(iii) practical information on the review mechanism,
may be obtained, and
(l) that—
(i) any application for judicial review or any other legal proceedings which question the validity of the decision of the Agency must, in accordance with section 87(10) of the Act of 1992, be instituted within the period of 8 weeks beginning on the date indicated in accordance with subparagraph (f), and
(iii) a person shall not question the validity of the decision of the Agency other than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).
(4) Where the Agency publishes a notice pursuant to paragraph (2) in a newspaper circulating in the district in which the activity is or will be situate the notice shall include at least the information specified under paragraphs (3)(a), (b), (c), (e), (f), (k) and (l).
PART VII
REGISTER
Form of register.
38. (1) The register of licences required under section 91 of the Act of 1992 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 and, each notification given in writing to the licensee under section 87(1)(b) of that Act, as the case may be, contain the following entries—
(a) the reference number in accordance with paragraph (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 industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(d) the location or postal address (including where appropriate, the name of the relevant townland or townlands) 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 Regulation 9,
(f) the date of a notice published under section 87(1)(b) of the Act of 1992,
(g) the date of any notification given by the Agency under Regulations 10(2)(b), 11(2)(b), 13, 19(2), 27, 28, 29, 30, 35(2) and 36(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 Regulations 10(2)(b)(ii), 11(2)(b), 27, 28, 29 and 35(2),
(i) the date of a notification given under section 87(2) of the Act of 1992,
(j) the date on which the Agency is in receipt of additional information required under Regulation 13,
(k) the period by which the Agency extends under Regulation 14(2) or 14(3) the period specified in section 87(3) of the Act of 1992,
(l) the number of objections received, if any,
(m) the date of receipt of an objection in accordance with Regulation 25 in respect of an objection,
(n) the date of a notification to hold an oral hearing in accordance with Regulation 30,
(o) any date specified by the Agency under Regulation 36,
(p) the date of a declaration under Regulation 19(3) or 29(2),
(q) the date of the decision on the application for a licence or the review of a licence or revised licence, and
(r)(i) the date of receipt of an application under section 94(2) of the Act of 1992,
(ii) the date of receipt of a notice under section or 98A(1) of the Act of 1992,
(iii) the date and the decision taken by the Agency under section 98A(2) of the Act of 1992, and
(vi) the date and the decision taken by the Agency under section 98A(3) of the Act of 1992.
(2) Each application for a licence and each notification given in writing to the licensee under section 87(1)(b) of the Act of 1992 shall be given a reference number in the register of licences.
PART VIII
MISCELLANEOUS
Principal Polluting Substances.
39. The Agency shall have regard, in fulfilling its duty under section 83(4)(a) of the Act of 1992, to the principal polluting substances listed in the Schedule.
Criteria for the determination by the Agency of a relevant person.
40. In determining whether a person shall be a relevant person for the purposes of section 84(4) and (5) of the Act of 1992, the Agency shall, where an applicant or licensee is a body corporate, have regard to whether the said person is a director, manager, secretary or other similar officer of that body corporate or is otherwise in, or likely to be in, a position to direct or control the carrying on of the industrial emissions directive activity to which the relevant application or licence, as the case may be, relates.
Regulation 39
SCHEDULE
INDICATIVE LIST OF THE PRINCIPAL POLLUTING SUBSTANCES
TO BE TAKEN INTO ACCOUNT (IF RELEVANT) BY THE AGENCY FOR THE FIXING OF EMISSION LIMIT VALUES
AIR
1. Sulphur dioxide and other sulphur compounds.
2. Oxides of nitrogen and other nitrogen compounds.
3. Carbon monoxide.
4. Volatile organic compounds.
5. Metals and their compounds.
6. Dust including fine particulate matter.
7. Asbestos (suspended particulates, fibres).
8. Chlorine and its compounds.
9. Fluorine and its compounds.
10. Arsenic and its compounds.
11. Cyanides.
12. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.
13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.
WATER
1. Organohalogen compounds and substances which may form such compounds in the aquatic environment.
2. Organophosphorus compounds.
3. Organotin compounds.
4. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.
5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
6. Cyanides.
7. Metals and their compounds.
8. Arsenic and its compounds.
9. Biocides and plant protection products.
10. Materials in suspension.
11. Substances which contribute to eutrophication (in particular, nitrates and phosphates).
12. Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).
13. Substances listed in Annex X to Directive 2000/60/EC.
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GIVEN under my Official Seal,
23 April 2013.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for various procedural matters in relation to the integrated licensing by the Environmental Protection Agency of Industrial Emissions Directive activities specified in the First Schedule to the Environmental Protection Agency Act 1992 and transposes Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast). 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, public participation procedures associated with the industrial emissions licensing system administered by the Agency and the contents of the register of licences.
1 O.J. No. L334, 17.12.2010, p.17
2 O.J. No. L.226, 6.9.2000, p.3.
3 O.J. No. L.20, 26.1.1980, p.43.
S.I. No. 190/2020 –
Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020
Amendments
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 6, 85(4), and 89 (inserted by section 15 of the Protection of the Environment Act 2003 (No. 27 of 2003)) of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 ( S.I. No. 393 of 2016 ), and for the purpose of giving further effect to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 , hereby make the following regulations:
1. These Regulations may be cited as the Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020.
2. In these Regulations –
“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“Principal Regulations” means the Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. 137 of 2013).
3. The Principal Regulations are amended –
(a) by the substitution of “environmental impact assessment report” for “environmental impact statement” in each place that it occurs, and
(b) by the substitution of “environmental impact assessment reports” for “environmental impact statements” in each place that it occurs.
4. Regulation 2 of the Principal Regulations is amended-
(a) by the insertion of the following definition after the definition of “application for permission”:
“EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20113 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144 ;
and
(b) by the deletion of the definition of “Planning and Development Regulations”.
5. Regulation 4 of the Principal Regulations is amended by the insertion of the following paragraph after paragraph (1):
“(2) Where an application is required to be accompanied by an environmental impact assessment report the Agency shall –
(a) publish a copy of the notification provided in accordance with Regulation 5 on its website,
(b) without prejudice to Regulation 18, make the information referred to in Regulation 5(d)(ii) available on its website, at the latest as soon as practicable after –
(i) sending a notification under Regulation 11(1), or,
(ii) in the case of additional or supplementary information requested under paragraph (e), or required under paragraph (f)(ii)(II), of section 83(2A) of the Act of 1992, receiving such information,
(c) specify on its website, by reference to the date on which information is made available under paragraph (b), a period, which shall be not less than 30 days, within which submissions may be made to it in writing in relation to the likely effects on the environment of the proposed activity, and
(d) publish a notification on its website, where it is the case, that it appears to the Agency that the activity the subject of the application would, or is likely to, have significant effects on the environment in another Member State of the European Union.”.
6. Regulation 5(d) of the Principal Regulations is amended –
(a) in subparagraph (i), by the substitution of “such a report” for “such a statement”,
(b) by the substitution of the following subparagraph for subparagraph (ii):
“(ii) state that –
(I) the environmental impact assessment report submitted to the Agency in accordance with section 83(2A)(d) of the Act of 1992,
(II) any information provided to the Agency under paragraph (e) or (f)(ii)(II) of section 83(2A) of the Act of 1992,
(III) any opinion issued by the Agency under section 83(2A)(de) of the Act of 1992 on the scope of the environmental impact assessment report, and
(IV) any further information, including reports and advice, relating to the environmental impact assessment as may be furnished to the Agency in the course of the Agency’s consideration of the application,
shall each be made available on the Agency’s website and at the headquarters of the Agency,”,
(c) by the insertion of the following subparagraphs after subparagraph (iii):
“(iv) state that submissions may be made in writing to the Agency in relation to the likely effects on the environment of the proposed activity within the period specified by the Agency on its website under Regulation 4(2)(c), and
(v) state that, in accordance with section 87(2) of the Act of 1992, a proposed determination shall be published by the Agency on its website,”.
7. Regulation 6(3)(d) of the Principal Regulations is amended –
(a) in clause (i), by the substitution of “such a report” for “such a statement”,
(b) by the substitution of the following clause for clause (ii):
“(ii) state that –
(I) the environmental impact assessment report submitted to the Agency in accordance with section 83(2A)(d) of the Act of 1992,
(II) any information provided to the Agency under paragraph (e) or (f)(ii)(II) of section 83(2A) of the Act of 1992,
(III) any opinion issued by the Agency under section 83(2A)(de) of the Act of 1992 on the scope of the environmental impact assessment report, and
(IV) any further information, including reports and advice, relating to the environmental impact assessment as may be furnished to the Agency in the course of the Agency’s consideration of the application,
shall each be made available on the Agency’s website and at the headquarters of the Agency,”,
(c) in subparagraph (iii), by the deletion of “and”, and
(d) by the insertion of the following subparagraphs after subparagraph (iii):
“(iv) state that submissions may be made in writing to the Agency in relation to the likely effects on the environment of the proposed activity within the period specified by the Agency on its website under Regulation 4(2)(c), and
(v) state that, in accordance with section 87(2) of the Act of 1992, a proposed determination shall be published by the Agency on its website,
and”.
8. The Principal Regulations are amended by the substitution of the following Regulation for Regulation 11:
“11 (1) Where the Agency is satisfied that an environmental impact assessment report submitted under this Part complies with section 83(2A)(dd) of the Act of 1992 the Agency shall notify the applicant in writing.
(2) Where the Agency is not satisfied that an environmental impact assessment report submitted under this Part complies with section 83(2A)(dd) of the Act of 1992 the Agency shall notify the applicant in writing and may, as it considers appropriate having regard to the circumstances, specify such information or particular as it requires in order to so satisfy itself and a time period within which such information or particular should be submitted in order for the application to be considered further.”.
9. Regulation 15 of the Principal Regulations is amended –
(a) by the substitution of the following paragraph for paragraph (1):
“(1) Where –
(a) the Agency receives an application, other than an application in respect of which a notice in accordance with Regulation 10(2)(b)(i) has been or will be given and it appears to the Agency that the activity, the subject of the application, would or is likely to have significant effects on the environment in another Member State of the European Union, or
(b) a Member State of the European Union that is likely to be significantly affected by a project to be carried out in the State which is the subject of an application for a licence so requests,
the Agency shall, as soon as may be after receipt of the application or request, notify the appropriate competent authority in the Member State concerned in accordance with paragraphs (3) and (4).”,
(b) by the substitution of the following paragraph for paragraph (2):
“(2) The Agency shall notify the Minister of any notification given in accordance with paragraph (1).”,
(c) by the substitution of the following paragraph for paragraph (3):
“(3) A notification given under paragraph (1) shall contain the information specified in paragraphs (a) to (e) (other than paragraph (d)(iv)) of Regulation 5 in relation to the activity the subject of the application, together with any information available on the activity’s possible transboundary impact.”,
(d) by the substitution of the following paragraph for paragraph (4):
“(4) The Agency shall specify in the notification given under paragraph (1) a reasonable period of time during which the Member State concerned may indicate whether or not it wishes to participate in the environmental decision-making procedure.”,
(e) by the substitution of the following paragraph for paragraph (5):
“(5) Where a Member State of the European Union that has been sent a notification under paragraph (1) indicates that it intends to participate in the environmental decision-making procedure, the Agency shall, before giving any notification under section 87(2) of the Act of 1992 indicating the manner in which it proposes to determine the application, consult with the Member State concerned –
(a) regarding, inter alia, the potential transboundary effects of the project and the measures envisaged to reduce or eliminate such effects, and
(b) for the purposes of making arrangements, including the establishment of time-frames for consultations, to –
(i) make available within a reasonable time to the authorities referred to in Article 6(1) of the EIA Directive, and the members of the public concerned, in the territory of the Member State likely to be significantly affected, the information specified in paragraphs (a) to (e) (other than paragraph (d)(iv)) of Regulation 5,
(ii) ensure that those authorities and those members of the public are given an opportunity, before development consent for the project is granted, to forward their opinion on the information made available, within a reasonable time, to the Agency, and
(iii) to enable the members of the public concerned in the territory of the affected Member State to participate effectively in the environmental decision-making procedure.”,
(f) by the insertion of the following paragraphs after paragraph (5):
“(5A) Where the Minister receives information under paragraph (1) or (2) of Article 7 of the EIA Directive from another Member State of the European Union he or she shall notify the Agency forwarding a copy of the information received.
(5B) Where the Agency receives a notification from the Minister referred to in paragraph (5A) or receives information referred to in that paragraph from another Member State of the European Union, the Agency shall consult with the Member State concerned-
(a) regarding, inter alia, the potential transboundary effects of the project and the measures envisaged to reduce or eliminate such effects, and
(b) for the purposes of making arrangements, including the establishment of time-frames for consultations, to –
(i) make available, within a reasonable time, to the authorities referred to in Regulation 16(1) and to the members of the public concerned-
(I) a description of the project, together with any available information on its possible transboundary impact,
(II) information on the nature of the decision which may be taken, and
(III) any information received by the Agency pursuant to Article 7(2) of the EIA Directive,
(ii) ensure that those authorities and those members of the public are given an opportunity, before development consent for the project is granted, to forward their opinion on the information made available, within a reasonable time, to the competent authority in the Member State in whose territory the project is intended to be carried out,
and
(iii) enable the members of the public concerned in the State to participate effectively in the environmental decision-making procedure.”,
(g) in paragraph (7), by the substitution of “paragraph (6)” for “paragraph (5)”.
10. Regulation 16 of the Principal Regulations is amended –
(a) in paragraph (1) –
(i) by the insertion of “and” at the end of subparagraph (m), and
(ii) by the deletion of subparagraph (n),
(b) by the substitution of the following paragraph for paragraph (3):
“(3) Where an environmental impact assessment report is received in respect of an application for a licence in accordance with any provision of Part II, the Agency shall notify each authority, person or body to which it has given notice under paragraph (1) that –
(a) the environmental impact assessment report submitted to the Agency in accordance with section 83(2A)(d) of the Act of 1992,
(b) any information provided to the Agency under paragraph (e) or (f)(ii)(II) of section 83(2A) of the Act of 1992,
(c) any opinion issued by the Agency under section 83(2A)(de) of the Act of 1992 on the scope of the environmental impact assessment report, and,
(d) any further information, including reports and advice, relating to the environmental impact assessment as may be furnished to the Agency in the course of the Agency’s consideration of the application,
shall each be made available on the Agency’s website, and that submissions may be made in writing to the Agency in relation to the likely effects on the environment of the proposed activity within the period specified by the Agency on its website under Regulation 4(2)(c).”,
(c) by the insertion of the following paragraph after paragraph (3):
“(4) The notification by the Agency referred to in paragraph (3) shall indicate the name of the planning authority to which the environmental impact assessment report referred to in that paragraph has been submitted.”.
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GIVEN under my Official Seal,
27 May, 2020.
RICHARD BRUTON,
Minister for Communication, Climate Action and Environment.
1 OJ No. L 26, 28.1.2012, p. 1
2 OJ No. L 124, 25.4.2014, p. 1
3 OJ No. L 26, 28.1.2012, p. 1
4 OJ No. L 124, 25.4.2014, p. 1
SI. No. 423/2022 –
Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2022
I, Eamon Ryan, Minister for the Environment, Climate and Communications in exercise of the powers conferred on me by section 6 , section 85(4) and section 89 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and for the purpose of giving further effect to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 20101 and further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20112 on the assessment of the effects of certain public and private projects on the environment, amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20143 hereby make the following regulations:
1. These Regulations may be cited as the Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2022.
2. These Regulations shall come into operation on the 25th day of August 2022.
3. In these Regulations, “Principal Regulations” means the Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 ( S.I. No. 137 of 2013 ).
4. Regulation 2 (1) of the Principal Regulations is amended, in paragraph (b) of the definition of “application for permission”, by the insertion of “181(2A),” after “177AE”.
5. Regulation 9(2) of the Principal Regulations is amended –
(a) in paragraph (d)(ii), by the insertion of “or, was exempted in accordance with that Act from being so required,” after “Act of 2000”, and
(b) in paragraph (e) –
(i) in the chapeau, by the insertion of “or, in the case where an order under section 181(2)(a) of the Act of 2000 is made in respect of development comprising or for the purposes of the industrial emissions directive activity to which the application for the licence relates, a copy of the order made,” after “a copy of the grant of permission”, and
(ii) in subparagraph (ii) by the insertion of “or, was exempted in accordance with that Act from being so required,” after “Act of 2000”.
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GIVEN under my Official Seal,
22 August 2022.
EAMON RYAN
Minister for the Environment, Climate and Communications.
1 O.J. No. L334 17.12.2010, p 17
2 O.J. No. L26, 28.1.2012, p.1
3 O.J. No. L24, 25.4.2014, p.1
S.I. No. 186/2023 –
Environmental Protection Agency (Designated Development) (Industrial Emissions) (Licensing) Regulations 2023
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 6 and section 89 (amended by section 8 of the Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023 (No. 6 of 2023)) of the Environmental Protection Agency Act 1992 (No. 7 of 1992), and for the purpose of giving further effect to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 20101 on industrial emissions (integrated pollution prevention and control) (Recast), hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the Environmental Protection Agency (Designated Development) (Industrial Emissions) (Licensing) Regulations 2023.
Interpretation
2. (1) In these Regulations –
“alternative assessment” has the meaning given to it by Regulation 10(1);
“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);
“Act of 2022” means the Development (Emergency Electricity Generation) Act 2022 (No. 35 of 2022);
“Agency” means the Environmental Protection Agency;
“applicant” means a person making a designated application;
“application” means a designated application;
“designated application” has the same meaning as section 3(1) of the Act of 1992;
“designated development” means development designated by section 2(1) of the Act of 2022;
“environmental report” means a report prepared in accordance with Regulation 7 of the Regulations of 2022;
“Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council of 24 November 20101 on industrial emissions (integrated pollution prevention and control) (Recast);
“licence” means a licence granted under section 83 of the Act of 1992 to operate all or part of an installation which forms part of the designated development within which one or more Industrial Emissions Directive activities listed in the First Schedule to that Act are carried out;
“offices of the Agency” means the headquarters and the Regional Inspectorates of the Agency;
“Regulations of 2022” means the Development (Emergency Electricity Generation) Regulations 2022 ( S.I. No. 719 of 2022 ).
(2) Where a requirement of or under the Act of 1992 or these Regulations requires submissions to be made, or documents, particulars or other information to be submitted, to the Agency within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Organisation of Working Time Act (No. 20 of 1997)) or any other day on which the offices of the Agency are closed, the submissions, or documents, particulars or other information, as the case may be, shall be regarded as having been received before the expiration of that period if received by the Agency on the next following day on which the offices of the Agency are open.
Scope
3. (1) These Regulations apply to the industrial emissions directive activities within the meaning of section 3 of the Act of 1992 in respect of which an application is made.
(2) Regulation 3(1) of the Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 ( S.I. No. 137 of 2013 ) is amended by the substitution of “section 3 of the Act of 1992 other than such activities in respect of which a designated application within the meaning of that section is made” for “section 3 of the Act of 1992”.
PART 2
APPLICATIONS
Notice of intention to apply for licence
4. An applicant shall –
(a) within the period of 2 weeks before the making of an application, publish notice of the intention to make the application in a newspaper circulating in the district in which the activity is or will be situate, in accordance with Regulation 5, and
(b) not later than the making of the application for the licence, give notice of the application by the erection or by the fixing of a site notice on the land or structure concerned, in accordance with Regulation 6.
Notices in newspapers
5. A notice published in a newspaper pursuant to Regulation 4(a) shall contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE IN RESPECT OF DESIGNATED DEVELOPMENT WITHIN THE MEANING OF THE DEVELOPMENT (EMERGENCY ELECTRICITY GENERATION) ACT 2022” and shall –
(a) give the name and address of the applicant,
(b) state the location or postal address (including, where appropriate, the name of the townland or townlands) to which the application relates,
(c) specify the class or classes and nature of the activities in accordance with the First Schedule to the Act of 1992,
(d) state that the application is in respect of designated development which is exempt from the provisions of the EIA Directive in accordance with subsection (1) of section 5 of the Act of 2022 and that an assessment will be carried out by the Agency in relation to the application for the purposes of ensuring that the objectives of the EIA Directive are met,
(e) state that an environmental report will be submitted to the Agency with the application,
(f) state that –
(i) a copy of the environmental report,
(ii) a copy of the application,
(iii) any further information, including reports and advice, relating to the application as may be furnished to the Agency in the course of the Agency’s consideration of the application,
shall each be made available to be inspected on the Agency’s website and at the headquarters of the Agency as soon as is practicable after the receipt by the Agency of the application for the licence,
(g) state that submissions may be made in writing to the Agency in relation to the application and the likely main effects on the environment of the proposed activity within the period specified by the Agency on its website under Regulation 9(2)(c),
(h) state that where the application is duly made to the Agency the Agency may grant the licence subject to such conditions as it considers appropriate or refuse the application,
(i) state that a decision under section 83(1) of the Act of 1992 in respect of the application shall be published by the Agency on its website, in accordance with Regulation 17.
Site notices
6. (1) A site notice erected or fixed pursuant to Regulation 4(b) on any land or structure shall –
(a) be painted or inscribed, or printed and affixed, on a durable material,
(b) be securely erected or fixed in a conspicuous position –
(i) on or near the main entrance to the land or structure from a public road, or
(ii) on any other part of the land or structure adjoining a public road,
and shall be so erected or fixed, and the text so painted, inscribed or printed, that the notice shall be capable of being read by persons using the said public road.
(2) Where the land or structure to which an application for a licence relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure.
(3) A site notice erected or fixed on any land or structure pursuant to Regulation 4(b) shall be headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE IN RESPECT OF DESIGNATED DEVELOPMENT WITHIN THE MEANING OF THE DEVELOPMENT (EMERGENCY ELECTRICITY GENERATION) ACT 2022”, and shall –
(a) state the name and address of the applicant,
(b) specify the class or classes and nature of the activities in accordance with the First Schedule to the Act of 1992,
(c) indicate the site location or proposed location of the activity,
(d) state that the application is in respect of designated development which is exempt from the provisions of the EIA Directive in accordance with subsection (1) of section 5 of the Act of 2022 and that an assessment will be carried out by the Agency in relation to the application for the purposes of ensuring that the objectives of the EIA Directive are met,
(e) state that an environmental report has been, or will, be submitted to the Agency with the application,
(f) state that –
(i) a copy of the environmental report submitted to the Agency,
(ii) a copy of the application,
(iii) any further information, including reports and advice, relating to the application as may be furnished to the Agency in the course of the Agency’s consideration of the application,
shall each be made available to be inspected on the Agency’s website and at the headquarters of the Agency as soon as is practicable after the receipt by the Agency of the application for the licence,
(g) state that submissions may be made in writing to the Agency in relation to the application and the likely main effects on the environment of the proposed activity within the period specified by the Agency on its website under Regulation 9(2)(c),
(h) state that where the application is duly made to the Agency, the Agency may grant the licence subject to such conditions as it considers appropriate or refuse the application,
(i) state that a decision under section 83(1) of the Act of 1992 in respect of the application shall be published by the Agency on its website in accordance with Regulation 17.
(4) A site notice in accordance with this Regulation shall be maintained in position where erected or fixed in accordance with Regulation 4(b) for at least one month after the making of the application and shall be renewed or replaced if it is removed or becomes defaced or illegible within the period during which it is required to be displayed.
Application for a licence
7. (1) An application shall be submitted to the headquarters of the Agency and shall be in such form as may be determined by the Agency which may include electronic submission via the website of the Agency.
(2) Without prejudice to the generality of paragraph (1), an application shall –
(a) give –
(i) the name, address and telephone number of the applicant and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office, and
(ii) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the activity relates,
(b) specify the relevant class or classes in the First Schedule to the Act of 1992 to which the industrial emissions directive activity relates,
(c) include –
(i) the environmental report,
(ii) where An Bord Pleanála has reached a conclusion under Regulation 8(9) of the Regulations of 2022, a copy of that conclusion together with the reasons for it,
and
(iii) an electronic link or hyperlink to the application submitted to the Minister under section 4 of the Act of 2022,
(d) specify the raw and ancillary materials, substances, preparations, fuels and energy which will be produced by or utilised in the activity,
(e) describe the plant, methods, processes, ancillary processes, abatement, recovery and treatment systems, and operating procedures for the activity,
(f) indicate how the requirements of section 83(5)(a)(i) to (v) and (vii) to (xa) of the Act of 1992 shall be met, having regard, where appropriate, to any relevant specification issued by the Agency under section 5(3)(b) of that Act or any applicable best available techniques (BAT) conclusions adopted in accordance with Article 13(5) of the Industrial Emissions Directive and the reasons for the selection of the arrangements proposed,
(g) give particulars of the source, nature, composition, temperature, volume, level, rate, method of treatment and location of emissions, and the period or periods during which the emissions are, or are to be, made,
(h) identify monitoring and sampling points and outline proposals for monitoring emissions and the environmental consequences of any such emissions,
(i) provide –
(i) details, and an assessment, of the impacts of any existing or proposed emissions on the environment as a whole, including on an environmental medium other than that or those into which the emissions are, or are to be, made, and
(ii) details of the proposed measures to prevent or eliminate, or where that is not practicable, to limit, reduce or abate emissions,
(j) describe in outline the main alternatives to the proposed technology, techniques and measures which were studied by the applicant,
(k) describe the condition of the site of the installation,
(l) provide, when requested by the Agency, in the case of an activity that involves the use, production or release of relevant hazardous substances (as defined in section 3 of the Act of 1992) and having regard to the possibility of soil and groundwater contamination at the site of the installation, a baseline report in accordance with section 86B of the Act of 1992,
(m) specify the measures to be taken to comply with an environmental quality standard where such a standard requires stricter conditions to be attached to a licence than would otherwise be determined by reference to best available techniques,
(n) describe the measures to be taken for minimising pollution over long distances or in the territory of other states,
(o) describe the measures to be taken under abnormal operating conditions, including start-up, shutdown, leaks, malfunctions, breakdowns and momentary stoppages,
(p) describe the measures to be taken on and following the permanent cessation of the activity or part of the activity to avoid any risk of environmental pollution and to return the site of the activity to a satisfactory state or the state established in the baseline report if such is required under section 86B of the Act of 1992,
(q) describe the arrangements for the prevention of waste in accordance with Part III of the Act of 1996, and where waste is generated by the installation, how it will be in order of priority in accordance with section 21A of the Act of 1996, prepared for re-use, recycling, recovery or where that is not technically or economically possible, disposed of in a manner which will prevent or minimise any impact on the environment,
(r) specify, by reference to the relevant European Waste Catalogue codes as prescribed by Commission Decision 2000/532/EC of 3 May 20002 , the quantity and nature of the waste or wastes produced or to be produced by the activity, or the quantity and nature of the waste or waste accepted or to be accepted at the installation,
(s) state whether the activity consists of, comprises, or is for the purposes of an establishment to which the Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 ( S.I. No. 209 of 2015 ) apply,
(t) describe, in the case of an activity which gives rise, or could give rise, to an emission containing a hazardous substance which is discharged to an aquifer and which is specified in Annex VIII or Annex X to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20003 establishing a framework for Community action in the field of water policy,
(u) include a non-technical summary of information provided in relation to the matters specified in subparagraphs (b) to (v) of this paragraph, and
(v) include any other information required under Article 11 of the Industrial Emissions Directive.
(3) An application shall be accompanied by –
(a) a copy of the relevant page of the newspaper in which the notice in accordance with Regulation 5 has been published,
(b) a copy of the text of the site notice erected or fixed on the land or structure in accordance with Regulation 6,
(c) a copy of such plans, including a site plan and location map, and such other particulars, reports and supporting documentation as are necessary to identify and describe –
(i) the activity,
(ii) the position of the site notice in accordance with Regulation 6,
(iii) the point or points from which emissions are made or are to be made,
(iv) monitoring and sampling points, and
(d) any fee specified in accordance with section 99A of the Act of 1992.
(4) An application shall be signed by or on behalf of the applicant and shall be submitted to the Agency in hard copy or in electronic form.
Further notice
8. Where –
(a) a period of more than 2 weeks has elapsed between the publication in a newspaper of a notice in accordance with Regulation 4 and the making of the application, or
(b) it appears to the Agency that any notice published or given in pursuance of Regulation 4 –
(i) if published in a newspaper, does not comply with the provisions of Regulation 5, or
(ii) if erected or fixed on any land or structure, does not comply with the provisions of Regulation 6, or
(iii) in either case, because of its content or for any other reason, is misleading or inadequate for the information of the public,
the Agency shall require the applicant to publish, erect or fix such further notice in such manner, whether in a newspaper or otherwise, in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement.
Procedure on receipt of an application for licence
9. (1) On receipt of an application, the Agency shall –
(a) in the case of an application received in hardcopy format, stamp the hardcopy format with the date of receipt, and
(b) examine whether the application, whether or not received in hard copy format, complies with subparagraphs (a) to (c) of Regulation 7(2), Regulation 7(3) and Regulation 7(4),
(2) If the Agency considers that an application complies with the provisions specified in paragraph (1)(b), the Agency shall publish a copy of the application on its website together with a notification stating that –
(a) the application is in respect of designated development which is exempt from the provisions of the EIA Directive in accordance with subsection (1) of section 5 of the Act of 2022,
(b) an assessment will be carried out by the Agency in relation to the application for the purposes of ensuring that the objectives of the EIA Directive are met, and
(c) submissions in writing in relation to the application and the likely main effects on the environment of the proposed activity may be made within a period specified by reference to the date on which information is received under paragraph (1), not being a period of less than 30 days.
(3) A notification under paragraph (2) shall state that where the application is duly made to the Agency, the Agency may grant the licence subject to such conditions as it considers appropriate or refuse the application.
(4) Where the Agency considers that an application complies with the provisions specified in paragraph (1)(b), it shall send to the applicant an acknowledgment stating the date of receipt of the application.
(5) Where the Agency considers that an application for a licence does not comply with all of the provisions specified in paragraph (1)(b), it may, as it considers appropriate having regard to the extent of the failure to comply with the said provisions, by notice in writing –
(a) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(b) require the applicant, within such period as may be specified by the Agency, to take such steps, or to furnish such further information, particulars, plans, drawings or maps, as may be necessary to comply with the provisions specified in paragraph (1)(b) and, where the applicant fails to comply with a requirement under this subparagraph, the Agency may, as it considers appropriate having regard to the extent of the failure, inform the applicant, by notice in writing, of such failure and that the application cannot be considered by the Agency.
(6) Where the Agency considers that an application does not comply with any or all the requirements referred to in subparagraphs (d) to (v) of Regulation 7(2) or that further information is necessary to be provided by the applicant for the purposes of an alternative assessment, it may, as it considers appropriate having regard to the extent of the failure to comply with the said requirements or, as the case may be, the necessity for further information, by notice in writing –
(a) inform the applicant of such failure of compliance and that the application cannot be considered by the Agency, or
(b) require the applicant, within such period as may be specified by the Agency, to take such steps, or to furnish such further information, particulars, plans, drawings or maps, as may be necessary to comply with the requirements of subparagraphs (d) to (v) of Regulation 7(2) or to assist the Agency in carrying out an alternative assessment.
(7) Where the applicant fails to comply with a requirement under paragraph (6)(b), the Agency may, as it considers appropriate having regard to the extent of the failure, inform the applicant, by notice in writing, of such failure and that the application cannot be considered by the Agency.
(8) In the case where further information is received pursuant to paragraph (5)(b) or, as the case may be, paragraph (6)(b), the Agency shall, on receipt of the information, publish a copy of the information on its website, together with a notice stating that during a specified period (which shall not be less than 14 days) submissions in relation to the information may be made to the Agency in writing or by electronic means which may include electronic submissions via the website of the Agency.
PART 3
ALTERNATIVE ASSESSMENT
Alternative assessment by Agency
10. (1) An assessment (referred to in these Regulations as an “alternative assessment”) shall be carried out by the Agency in relation to an application for the purposes of ensuring that the objectives of the EIA Directive are met.
(2) An alternative assessment shall identify the likely main effects on the environment of the designated development.
(3) Without prejudice to the generality of paragraph (1), an alternative assessment shall include an examination, analysis and evaluation by the Agency in an appropriate manner, in light of the purpose referred to in section 2(1) of the Act of 2022, and to the extent reasonably possible in light of the information contained in the application and further information (if any) provided in accordance with this Regulation by the applicant to the Agency, of the likely main effects of the designated development on the following factors:
(a) population and human health;
(b) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19921 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009;
(c) land, soil, water, air and climate;
(d) material assets, cultural heritage and the landscape;
(e) the interaction between the factors referred to in subparagraphs (a) to (d).
(4) In carrying out an alternative assessment, the Agency shall take into account –
(a) the application (including the environmental report),
(b) the conclusion of An Bord Pleanála under Regulation 8(9) of the Regulations of 2022,
(c) any further information received in accordance with these Regulations,
(d) any submissions duly made to the Agency in accordance with paragraphs (2)(c) and (8) of Regulation 9,
(e) the decision of the Minister under section 7(1) of the Act of 2022,
and shall reach a conclusion on the likely main effects of the designated development on the environment.
(5) The Agency shall carry out an alternative assessment as expeditiously as possible having regard to the purpose referred to in section 2(1) of the Act of 2022.
Decision on applications
11. Where, on an application, the Agency makes a decision to grant a licence subject to such conditions as it considers appropriate or to refuse the application, the Agency shall incorporate into its decision under section 83 of the Act of 1992 –
(a) the conclusion reached under Regulation 10(4), and
(b) such conditions including but not limited to conditions regarding any feature of the project or measures (including monitoring measures, the parameters to be monitored and the duration of the monitoring) as the Agency considers necessary to avoid, prevent or reduce and, if possible, offset significant adverse effects (if any) of the activity in respect of the designated development on the environment.
PART 4
CONSIDERATION OF APPLICATIONS
Notice to certain bodies
12. (1) Where the Agency receives an application, other than an application in respect of which a notice in accordance with paragraphs (5)(a) or (6)(a) of Regulation 9 has been or will be given, it shall notify each of the following of the application and of the fact that submissions in writing in relation to the application and the likely main effects on the environment of the proposed activity may be made within the period referred to in Regulation 9(2)(c):
(a) any planning authority and regional assembly in whose functional area the designated development would be situated;
(b) the Minister for the Environment, Climate and Communications;
(c) the Minister for Transport;
(d) the Minister for Housing, Local Government and Heritage;
(e) the Minister for Agriculture, Food and the Marine;
(f) the Minister for Enterprise, Trade and Employment;
(g) the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media;
(h) An Taisce – the National Trust for Ireland;
(i) the Commission for Regulation of Utilities;
(j) the Health and Safety Authority;
(k) the Health Service Executive;
(l) the Heritage Council;
(m) Inland Fisheries Ireland;
(n) in the case of a discharge to a sewer to which section 99E of the Act of 1992 relates, Uisce Eireann;
(o) the National Roads Authority;
(p) the National Tourism Development Authority;
(q) such other public authorities, persons or bodies, if any, as the Agency considers appropriate.
(2) A notice given in accordance with paragraph (1) shall at least indicate –
(a) the reference number given under Regulation 18 to the application in the register of licences,
(b) the name and address of the applicant,
(c) the location or postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the application relates,
(d) the class or classes and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992,
(e) that a copy of the application will be available to view and download on the Agency’s website as soon as practicable after its receipt by the Agency.
Agency investigations
13. The Agency may carry out, or arrange to have carried out, such investigations as it considers necessary to enable it properly to decide on an application for a licence, and may require the applicant to defray or contribute towards the cost of any such investigations.
Inspection and availability of documents including alternative assessment carried out by Agency
14. (1) In accordance with the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ), the Agency shall make the environmental information specified in paragraph (3) available to view and download for inspection from the Agency’s website, as soon as practicable after its receipt by the Agency, for at least 4 years following the day on which a decision is made on the application for a licence.
(2) In the event that a person cannot access the environmental information referred to in paragraph (3) on the Agency’s website, the Agency shall, upon request, provide that information by any other effective means.
(3) For the purposes of paragraph (1) information to be made available includes but is not limited to –
(a) an application for a licence,
(b) such other notices as are given by the Agency under Part IV of the Act of 1992 or under these Regulations in respect of the application for a licence in respect of a designated development,
(c) such information, particulars, plans, drawings, maps including site location maps, photographs, evidence, reports, notices, submissions, views or observations as are received or obtained by the Agency from the applicant or any other person in accordance with Part IV of the Act of 1992 or in accordance with these Regulations in respect of the application.
(4) Upon expiration of the period referred to in paragraph (1) where the Agency removes any environmental information from its website, the Agency shall in accordance with the European Communities (Access to Information on the Environment) Regulations 2007 make available to the public, whether for public inspection during office hours at the headquarters of the Agency or otherwise, environmental information held by it.
Withdrawal or abandonment of application for a licence
15. (1) An application may be withdrawn by the applicant at any time before the making of the decision of the Agency on the application.
(2) Where the Agency is of the opinion that an application has been abandoned it may give to the applicant a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than 14 or not more than 28 days beginning on the date of the giving of the notice), to make to the Agency a submission in writing as to why the application should not be regarded as having been abandoned.
(3) Where a notice has been given under paragraph (2), the Agency may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Agency pursuant to the notice, declare that the application to which the notice relates shall be regarded as having been abandoned.
(4) Where pursuant to this Regulation the Agency declares that an application is to be regarded as having been withdrawn or abandoned, any submission in relation to the application shall not be further considered by the Agency.
Results of monitoring and evaluations
16. (1) A licensee shall, not later than 31 March in each year, furnish to the Agency information, of such nature and in such form as may be specified in guidance documents published by the Agency to include the results of emissions monitoring required under the conditions attaching to the licence concerned, in relation to the environmental performance of the installation concerned.
(2) The Agency shall make the information under paragraph (1) publicly accessible on the Agency’s website as soon as is practicable after its receipt by the Agency.
PART 5
NOTIFICATION AND PUBLICATION OF DECISIONS
Notification and publication of decisions
17. (1) When a decision is taken to grant or refuse a licence the Agency shall notify –
(a) the applicant,
(b) any person who made a submission to the Agency in accordance with these Regulations, and
(c) each person notified under Regulation 12,
of its decision and provide each such person with an electronic link or hyperlink to the decision on the Agency’s website.
(2) The Agency shall, within 10 days of the giving of a decision referred to in paragraph (1), publish a notice of its decision on its website and in a newspaper circulating in the district in which the industrial emissions directive activity is or will be situate.
(3) Where the Agency publishes a notice pursuant to paragraph (2) on its website, the notice shall include the following information:
(a) the reference number given under Regulation 18 to the application in the register of licences;
(b) the name and address of the applicant or licensee;
(c) the class or classes of the industrial emissions directive activity and nature of the industrial emissions directive activity in accordance with the First Schedule to the Act of 1992;
(d) the location and postal address (including, where appropriate, the name of the relevant townland or townlands) of the premises to which the decision relates;
(e) the nature of the decision;
(f) the date of the giving of the decision;
(g) any report referred to in section 83(2A)(g) of the Act of 1992;
(h) the conclusion reached by the Agency under Regulation 10(4) and a description, where necessary, of the main measures to avoid, reduce, and, if possible, offset the major adverse effects (if any) on the environment;
(i) the title of the best available techniques reference documents (BREFs) relevant to the installation or activity concerned;
(j) information about how emission limit values have been determined in relation to best available techniques and emission limit values associated with the techniques;
(k) if a derogation has been granted in accordance with section 86A(6)(a) of the Act of 1992, the specific reasons for such derogation and the conditions imposed;
(l) the location at which –
(i) the content of the decision, including a copy of the licence and of any conditions and any subsequent updates,
(ii) the reasons and considerations on which the Agency, having examined the concerns and opinions expressed by any person, has based its decision, including information on the public participation process, and
(iii) practical information on the review mechanism,
may be obtained;
(m) that –
(i) any application for judicial review or any other legal proceedings which question the validity of the decision of the Agency must, in accordance with section 87(10) of the Act of 1992, be instituted within the period of 8 weeks beginning on the date indicated in accordance with subparagraph (f), and
(iii) a person shall not question the validity of the decision of the Agency other than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).
(4) Where the Agency publishes a notice pursuant to paragraph (2) in a newspaper circulating in the district in which the activity is or will be situate the notice shall include at least the information specified under subparagraphs (a),(b), (c), (e), (f), (l) and (m) of paragraph (3),
PART 6
REGISTER
Form of register
18. (1) The register of licences required under section 91 of the Act of 1992 shall in respect of each application contain the following:
(a) the reference number in accordance with paragraph (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 industrial emissions directive activity in accordance with the First Schedule to the Act of 1992;
(d) the location or postal address (including where appropriate, the name of the relevant townland or townlands) of the premises to which the application 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 Regulation 7;
(f) the date of any notification given by the Agency under these Regulations;
(g) 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 these Regulations;
(h) the date on which the Agency is in receipt of further information required under these Regulations;
(i) the date of a declaration under Regulation 15(3);
(j) the date of the decision on the application.
(2) Each application shall be given a reference number in the register of licences.
PART 7
MISCELLANEOUS
Principal Polluting Substances
19. The Agency shall have regard, in fulfilling its duty under section 83(4)(a) of the Act of 1992, to the principal polluting substances listed in the Schedule.
Criteria for the determination by the Agency of a relevant person
20. In determining whether a person shall be a relevant person for the purposes of section 84(4) and (5) of the Act of 1992 the Agency shall, where an applicant or licensee is a body corporate, have regard to whether the said person is a director, manager, secretary or other similar officer of that body corporate or is otherwise in, or likely to be in, a position to direct or control the carrying on of the industrial emissions directive activity to which the relevant application or licence, as the case may be, relates.
Assessment of impacts of designated development on certain species
21. (1) As part of the alternative assessment the Agency shall assess the impacts (if any) of the activities in respect of which a licence has been applied for, on the species listed in Annex IV of Council Directive 92/43/EEC of 21 May 19924 on the conservation of natural habitats and of wild fauna and flora, amended by Council Directive 97/62/EC of 27 October 19975 , Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 20036 , Council Directive 2006/105/EC of 20 November 20067 and Council Directive 2013/17/EU of 13 May 20138 (referred to in this Regulation as the “Directive”) and on 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 those activities.
(2) Where, following an assessment referred to in paragraph (1), the Agency considers that there is a need for a derogation for the purpose of Article 16 of the Directive in respect of the activities in respect of which a licence has been applied for, the Agency shall consider granting the licence subject to a condition that the applicant obtain a derogation licence in accordance with the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ).
SCHEDULE
INDICATIVE LIST OF THE PRINCIPAL POLLUTING SUBSTANCES TO BE TAKEN INTO ACCOUNT (IF RELEVANT) BY THE AGENCY FOR THE FIXING OF EMISSION LIMIT VALUES
AIR
1.Sulphur dioxide and other sulphur compounds.
2.Oxides of nitrogen and other nitrogen compounds.
3.Carbon monoxide.
4.Volatile organic compounds.
5.Metals and their compounds.
6.Dust including fine particulate matter.
7.Asbestos (suspended particulates, fibres).
8.Chlorine and its compounds.
9.Fluorine and its compounds.
10.Arsenic and its compounds.
11.Cyanides.
12.Substances and mixtures which have been proved to possess carcinogenic
or mutagenic properties or properties which may affect reproduction via the air.
13.Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.
WATER
1.Organohalogen compounds and substances which may form such compound in the aquatic environment.
2.Organophosphorus compounds.
3.Organotin compounds.
4.Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.
5.Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.
6.Cyanides.
7.Metals and their compounds.
8.Arsenic and its compounds.
9.Biocides and plant protection products.
10.Materials in suspension.
11.Substances which contribute to eutrophication (in particular, nitrates and phosphates).
12.Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).
13.Substances listed in Annex X to Directive 2000/60/EC.
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GIVEN under my Official Seal,
18 April, 2023.
EAMON RYAN,
Minister for the Environment, Climate and Communications.
1 OJ L 334, 17.12.2010, p. 17
1 OJ L 334, 17.12.2010, p. 17
2 OJ No. L 226, 6.9.2000, p. 3.
3 OJ No. L 327, 22.12.2000, p. 1.
4 OJ No. L206, 22.7.1992, p. 7
5 OJ No. L305, 8.11.1997, p. 42
6 OJ No. L284, 31.10.2003, p. 1
7 OJ No. L363, 20.12.2006, p. 368
8 OJ No. L158, 10.6.2013, p. 193