Misc Enforcement
Environmental Protection Agency Act 1992
Offences.
8.—(1) Any person who contravenes any provision of this Act or of any regulation made under this Act or of any order made under this Act or of any notice served under this Act shall be guilty of an offence.
(2) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body, such person shall also be guilty of an offence.
(3) In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal, or a failure, to comply with that provision.
Penalties.
9.—(1) A person guilty of an offence under this Act shall be liable—
(a) on summary conviction, to a fine not exceeding F27[€3,000], or to imprisonment for any term not exceeding twelve months or, at the discretion of the court, to both such fine and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding F28[€15,000,000] or to imprisonment for a term not exceeding ten years or, at the discretion of the court, to both such fine and such imprisonment.
(2) In imposing any penalty under subsection (1) the court shall, in particular, have regard to the risk or extent of damage to the environment F29[, and any remediation required,] arising from the act or omission constituting the offence.
(3) Where a person, after conviction of an offence under this Act, continues to contravene the provision, he shall be guilty of an offence on every day on which the contravention continues and for each such offence he shall be liable to a fine, on summary conviction, not exceeding F30[€1,000] or, on conviction on indictment, not exceeding F30[€130,000].
Annotations
Amendments:
F27
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(a), S.I. No. 498 of 2003.
F28
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(b), S.I. No. 498 of 2003.
F29
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(c), S.I. No. 498 of 2003.
F30
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 10(d), S.I. No. 498 of 2003.
Editorial Notes:
E163
A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
E164
A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
Payment of certain fines to Agency.
10.—Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, prosecuted by the Agency, it shall, on the application of the Agency (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Agency and such payment may be enforced by the Agency, as if it were due to it on foot of a decree or order made by the court in civil proceedings.
Prosecution of offences.
11.—(1) An offence under this Act may be prosecuted summarily by the Agency.
(2) Notwithstanding subsection (1), the Minister may, by regulations, provide that an offence under this Act, specified in the regulations, may be prosecuted summarily by such person (including the Minister) as may be so specified.
(3) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced—
(a) at any time within twelve months from the date on which the offence was committed, or
(b) at any time within six months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings, comes to such person’s knowledge,
whichever is the later: provided that no such proceedings shall be initiated later than five years from the date on which the offence concerned was committed.
(4) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence relating to the offence came to his knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.
Annotations
Editorial Notes:
E165
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.
E166
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.
E167
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.
Cost of prosecutions.
12.—Where a person is convicted of an offence under this Act committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of directors, employees, consultants and advisers.
Powers of authorised person.
13.—(1) An authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter any premises and to bring therein such other persons (including members of the Garda Síochána) or equipment as he may consider necessary for the purpose.
(2) Subject to subsection (6), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry.
(3) Every authorised person shall be furnished with a certificate of his appointment and, when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.
(4) Whenever an authorised person enters any premises pursuant to this section, he may therein—
(a) make such plans, take such photographs F31[, record such information on data loggers, make such tape, electrical, video or other recordings] and carry out such inspections,
(b) make such tests F32[, make such copies of documents and records (including records held in electronic form) found therein and take such samples],
(c) require from the occupier of the premises or any person employed on the premises or from any other person on the premises F33[such information,]
(d) inspect such plant, vehicles, records F34[(including records held in electronic form) and documents, or]
F35[(e) remove and retain such documents and records (including records held in electronic form) for such period as may be reasonable for further examination,]
as he, having regard to all the circumstances, considers necessary for the purposes of, and exercising any power conferred on him by or under, this Act.
(5) Any person who—
(a) refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section,
(b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him by this section,
(c) gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or
(d) fails or refuses to comply with any requirement of this section,
shall be guilty of an offence.
(6) Where an authorised person in the exercise of his powers under this section is prevented from entering any premises, or where he has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he was appointed may apply to the District Court for a warrant authorising such entry.
(7) The Minister may make regulations for the purposes of this section.
(8) Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters—
(a) the taking of samples and the carrying out of tests, examinations and analyses,
(b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses, or
(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.
(9) Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.
Annotations
Amendments:
F31
Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(a), S.I. No. 498 of 2003.
F32
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(b), S.I. No. 498 of 2003.
F33
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(c), S.I. No. 498 of 2003.
F34
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(d), S.I. No. 498 of 2003.
F35
Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 11(e), S.I. No. 498 of 2003.
Editorial Notes:
E168
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.
Service of notices.
14.—(1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—
(a) by addressing it to him by name and delivering it to him,
(b) by leaving it at the address at which he ordinarily resides,
(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,
(d) if an address for the service of notices has been furnished by him, by leaving it at, or sending it by prepaid registered post addressed to him to, that address, F36[…]
(e) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any premises, process, works or development, by delivering it to a person over the age of 16 years employed thereon or resident in the premises, or by affixing it in a conspicuous position on or near the premises, process, works or F37[development, or]
F38[(f) by such other means as may be prescribed.]
(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.
(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4) A person shall not at any time during the period of three months after a notice is affixed under subsection (1) (e) remove, damage or deface the notice without lawful authority.
Annotations
Amendments:
F36
Deleted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 12(a), S.I. No. 498 of 2003.
F37
Substituted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 12(b), S.I. No. 498 of 2003.
F38
Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 12(c), S.I. No. 498 of 2003.
Immunity of Agency.
15.—No action or other proceedings shall lie or be maintainable against the Agency or any body referred to in section 44 or 45 for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions conferred on the said Agency or body.
Indemnification of Director General, directors and other persons.
16.—Where the Agency is satisfied that the Director General or other director or F39[authorised person or inspector] F40[of the Agency], or any other employee of the Agency has discharged his duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, it shall indemnify the Director General or other director or F39[authorised person or inspector] of the Agency or any other employee of the Agency, against all actions or claims howsoever arising in respect of the discharge by him of his duties.
Annotations
Amendments:
F39
Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 20(a), S.I. No. 354 of 2014.
F40
Substituted (1.08.2014) by Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014), s. 20(b), S.I. No. 354 of 2014.
Expenses of Minister.
17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Amendment of Act of 1963 and Air Pollution Act, 1987.
18.—(1) Section 51 of the Act of 1963 is hereby repealed.
(2) The Air Pollution Act, 1987, is hereby amended as provided for in the Third Schedule.
F84[
Regulations in relation to environmental inspections.
81A.—(1) The Minister may, for the purposes of environmental protection, make regulations providing for the carrying out by the Agency or a local authority of environmental inspections in connection with the performance of a statutory function of the Agency or a local authority in relation to environmental protection.
(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 organisation and carrying out of environmental inspections,
(b) the preparation of plans for environmental inspections, the procedures to be followed in the preparation of such plans, the scope and contents of such plans, arrangements for their review, and the period in respect of which they are to apply,
(c) the frequency of site visits and the matters to be examined in the course of such visits,
(d) the preparation of reports following site visits and the making of the reports publicly available, and the time within which each of those things is to be done,
(e) the investigation of incidents giving rise, or likely to give rise, to environmental pollution.
(3) In this section—
“environmental inspec
tions” shall be construed in accordance with European Parliament and Council Recommendation of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (1);
“local authority” has the meaning assigned to it by the Local Government Act 2001;
“site visit” means a visit to a site at which there is being, or has been, carried on any activity (whether an activity within the meaning of this Act or not), being a visit which the Agency or the local authority, as the case may be, may make in exercise of the powers conferred on it by any enactment (other than this section).]
Annotations
Amendments:
F84
Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 14, S.I. No. 498 of 2003.
(1) O.J. No. L118, 27.04.2001, p.41.
Register kept in computer or other non-legible form and evidence of entries.
112.—(1) The Agency may keep a register under any provision of this Act otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction (a “copy record”) of any entry in the register.
(2) In any proceedings a certificate signed by an officer of the Agency, stating that a copy record of an entry in a register under a specified provision of this Act has been made in accordance with subsection (1) shall be evidence of the fact of the making of the entry and that the copy or reproduction of the entry attached to the certificate is a true copy record of the entry until the contrary is shown.
(3) A document purporting to be a certificate under subsection (2) shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.
(4) In any proceedings any copy record may be given in evidence and shall be prima facie evidence of any fact therein stated:
Provided that the court is satisfied of the reliability of the system used to make the copy record and the original entry on which it was based.
Increase of certain penalties.
113.—(1) A person convicted of an offence for which a penalty, forfeiture or fine is provided in a section specified in column (2) of the Table to this section of an Act specified in column (3) of that Table at a particular reference number in column (1) of that Table shall, (subject to subsection (2)), in lieu of any monetary penalty, forfeiture or fine so provided, be liable to a fine not exceeding the maximum fine specified in column (4) of that Table at that reference number, and the sections and Acts specified in columns (2) and (3) of that Table shall be construed and have effect accordingly.
(2) (a) Where a penalty, forfeiture or fine is expressed in any section specified in column (2) of the Table as being for a day, each contravention to which it relates shall constitute a separate offence.
(b) Where an offence referred to in subsection (1) is described as a continuing or further offence the penalty for each day on which the contravention continues shall, in lieu of any other monetary penalty, forfeiture or fine provided in respect thereof, be a fine not exceeding £200.
(3) This section shall have effect in relation to offences committed after the commencement of this section.
TABLE
Ref No.
Section
Act
Maximum Fine
(1)
(2)
(3)
(4)
1.
55
Waterworks Clauses Act, 1847
£1,000
2.
58
Waterworks Clauses Act, 1847
£1,000
3.
60
Waterworks Clauses Act, 1847
£1,000
4.
50
The Dublin Corporation Waterworks Act, 1861
£1,000
5.
51
The Dublin Corporation Waterworks Act, 1861
£1,000
6.
17
Waterworks Clauses Act, 1863
£1,000
7.
18
Waterworks Clauses Act, 1863
£1,000
8.
19
Waterworks Clauses Act, 1863
£1,000
9.
20
Waterworks Clauses Act, 1863
£1,000
10.
70
Public Health (Ireland) Act, 1878
£1,000
11.
112
Public Health (Ireland) Act, 1878
£1,000
12.
114
Public Health (Ireland) Act, 1878
£200
13.
119
Public Health (Ireland) Act, 1878
£1,000
14.
171
Public Health (Ireland) Act, 1878
£1,000
15.
220
Public Health (Ireland) Act, 1878
£1,000
16.
272
Public Health (Ireland) Act, 1878
£1,000
17.
273
Public Health (Ireland) Act, 1878
£1,000
18.
31
Local Government (Sanitary Services) Act, 1948
£1,000
19.
33
Local Government (Sanitary Services) Act, 1948
£1,000
20.
34
Local Government (Sanitary Services) Act, 1948
£1,000
21.
37
Local Government (Sanitary Services) Act, 1948
£1,000
22.
42
Local Government (Sanitary Services) Act, 1948
£1,000
23.
44
Local Government (Sanitary Services) Act, 1948
£1,000
24.
46
Local Government (Sanitary Services) Act, 1948
£1,000
25.
47
Local Government (Sanitary Services) Act, 1948
£1,000
26.
4
Local Authorities (Works) Act, 1949
£1,000
27.
8
Local Government (Sanitary Services) Act, 1962
£1,000
28.
3
Local Government (Sanitary Services) Act, 1964
£1,000
29.
16
Local Government (Sanitary Services) Act, 1964
£1,000
Annotations:
Editorial Notes:
E348
The fines listed above are subject to the changes made by the Fines Act 2010 (8/2010), Part 2. Note that Irish Pound values were converted to Euro (1.01.1999) at 1.26973.
A fine of £1,000 (€1,269.73) translates into a class C fine not exceeding €2,500 as provided (1.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6(2), table ref. no. 2, S.I. No. 662 of 2010.
A fine of £200 (€253.94) translates into a class E fine not exceeding €500 as provided (1.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 8(2), table ref. no. 2, S.I. No. 662 of 2010.
F218[