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7 1992

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

PART III

Functions of the Agency

Functions generally.

52. —(1) The functions of the Agency shall, subject to the provisions of this Act, include—

(a) the licensing, regulation and control of activities for the purposes of environmental protection,

(b) the monitoring of the quality of the environment, including the establishment and maintenance of data bases of information related to the environment and making arrangements for the dissemination of such information and for public access thereto,

(c) the provision of support and advisory services for the purposes of environmental protection to local authorities and other public authorities in relation to the performance of any function of those authorities,

(d) the promotion and co-ordination of environmental research, the provision of assistance and advice in relation to such research and the carrying out, causing to be carried out, or arranging for, such research,

(e) liaison with the European Environment Agency provided for under Council Regulation 1210/90/EEC1 ,

(f) such other functions in relation to environmental protection as may be assigned or transferred to it by the Minister under section 53 or 54 including functions arising from any obligations under any treaty governing the European Communities or an act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(2) In carrying out its functions, the Agency shall—

(a) keep itself informed of the policies and objectives of public authorities whose functions have, or may have, a bearing on matters with which the Agency is concerned,

(b) have regard to the need for a high standard of environmental protection and the need to promote sustainable and environmentally sound development, processes or operations,

(c) have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution,

(d) have regard to the need to give effect, insofar as it is feasible,to the “polluter pays” principle, as set out in Council Recommendation 75/436/EURATOM, ECSC, EEC of 3 March, 19751 , regarding cost allocation and action by public authorities on environmental matters,

(e) ensure, in so far as is practicable, that a proper balance is achieved between the need to protect the environment (and the cost of such protection) and the need for infrastructural, economic and social progress and development.

Assignment of additional functions.

53. —(1) The Minister may, following consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned, by regulations assign to the Agency such additional functions and, consequentially, modify any existing function in relation to environmental protection as from time to time he considers appropriate.

(2) Without prejudice to the generality of subsection (1), regulations under this section may assign to the Agency any function which relates to environmental protection and which arises from, or is necessary for, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(3) Any regulations made pursuant to this section may provide for the assignment to the Agency of such ancillary, incidental and supplementary functions as, in the opinion of the Minister, are necessary for, or in connection with, the implementation of any provision of the treaties governing the European Communities or any act adopted by the institutions of those Communities or other international convention or agreement to which the State is, or becomes, a party.

(4) (a) A charge may be made by the Agency, subject to regulations under this section, in connection with, incidental to, or for the purposes of, the effective performance of any function assigned to it under this section.

(b) The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from any such person any amount due and owing to it under paragraph (a).

Transfer of functions.

54. —(1) The Minister may, following consultation with the Agency, make regulations providing that any function relating to environmental protection conferred on a public authority under any enactment specified in the Second Schedule shall, where the Minister is satisfied that the function could be more effectively performed by the Agency, in addition to or in lieu of being performed by that authority, be performed by the Agency with effect from a date specified in the regulations.

(2) Regulations under subsection (1) shall not be made save with the agreement of any other Minister of the Government directly responsible for the function concerned or under whose aegis the public authority responsible for the function operates.

(3) Whenever regulations under this section are in force in relation to a particular function, a reference in any enactment to the public authority concerned shall be construed as including a reference to the Agency and the function to which the regulations relate shall be a function of the Agency.

(4) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying any provision of this Act or of any other enactment) as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations.

Advisory functions in relation to Ministers of the Government.

55. —(1) The Agency may, of its own volition, and shall when requested by a Minister of the Government, give information or advice or make recommendations for the purposes of environmental protection to any such Minister on any matter relating to his functions or responsibilities and that Minister shall have regard to any such information or advice given or recommendations made.

(2) Without prejudice to the generality of subsection (1), the Agency—

(a) may, and shall when requested by a Minister of the Government—

(i) prepare and submit to the Minister concerned an assessment of any proposal for, or any proposal for the amendment or the implementation of, any treaty governing the European Communities or any act of the institutions of those Communities or other international convention or agreement to which the State is, or may become, a party having a bearing on environmental protection,

(ii) advise the Minister concerned in relation to any proposals for legislative change, or on any other policy matters, concerning environmental protection and related matters,

(iii) submit to the Minister concerned any proposals it may consider appropriate for amendment of any enactment, or for new enactments, concerning environmental protection,

(iv) prepare and submit information to, or advise, the Minister concerned in relation to guidelines, standards and other matters including management of coastal areas in relation to environmental protection,

(v) report on and make recommendations to the Minister concerned on particular environmental issues or problems,

(b) may, and shall when requested by the Minister, make recommendations to the Minister in relation to any modification or extension of the functions of the Agency which it considers appropriate.

(3) The Minister may, by order made after consultation with any other Minister of the Government concerned, provide that a function performable by the Agency under subsection (1) or subsection (2) (a) shall be performable also in relation to any other public authority for which that other Minister is responsible.

(4) The Agency may, for any Minister of the Government or any public authority designated by order under subsection (3) or for any other person or body, organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations,training courses or publications for persons involved in environmental protection.

Advisory functions in relation to local authorities.

56. —(1) The Agency may, and shall when requested by the Minister, give information or advice or make recommendations for the purposes of environmental protection, to a local authority or to local authorities generally in relation to the performance of any of its or their functions and the authority or authorities shall have regard to any such information or advice given or recommendations made.

(2) Without prejudice to the generality of subsection (1), information, advice or recommendations under this section may relate to—

(a) the provision of laboratory facilities and equipment, and related services,

(b) the preparation of legal proceedings in respect of any contravention of an enactment relating to environmental protection,

(c) the standards, conditions or criteria to be applied, or the guidelines, codes of practice or procedures to be followed, for the purposes of environmental protection in relation to any development, process or practice either generally or of a particular class,

(d) the management of coastal areas for the purposes of environmental protection,

(e) the monitoring of emissions and environmental quality,

(f) methods of sampling, measuring and analysis, and the equipment to be used for such sampling, measurement and analysis.

(3) The Agency may organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations, training courses or publications for staff of local authorities involved in environmental protection or for members of local authorities.

(4) In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941 .

Assistance to local authorities.

57. —(1) The Agency shall provide such general support and assistance for the purposes of environmental protection to local authorities in relation to the performance of any of their functions as it considers necessary and feasible.

(2) The Agency may, for the purposes of subsection (1), make arrangements with a local authority, on such terms and conditions as may be agreed, for the provision of services, including services relating to staffing and equipment, to that local authority.

(3) In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941 .

Drinking water.

58. —(1) (a) The Agency may require a sanitary authority to submit to it in such manner and at such times as it may direct, such information as the Agency may specify about the monitoring of the quality of water intended for human consumption pursuant to the European Communities (Quality of Water Intended for Human Consumption) Regulations, 1988, or any enactment amending or replacing those regulations or any other enactment relating to drinking water as may be prescribed.

(b) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify information (including monitoring results) transmitted to it under paragraph (a).

(2) The Agency shall, in relation to each year, prepare and submit to the Minister a report on the monitoring, and an assessment of the results, referred to in subsection (1), and shall include in the report such recommendations as seem to it to be appropriate.

(3) Each report under subsection (2) shall be laid by the Minister before each House of the Oireachtas and shall be published by the Agency.

Sewage or other effluents.

59. —(1) The Minister may, for the purposes of environmental protection and, in particular, for the purpose of giving full effect to Council Directive 91/271/EEC1 , make regulations for the collection, treatment, discharge or disposal of sewage or other effluents to waters from—

(a) any plant or drainage pipe vested in or controlled or used by a sanitary authority for the treatment of drinking water, or

(b) any plant, sewer or drainage pipe vested in or controlled or used by a sanitary authority for the treatment and disposal of sewage or other effluents.

(2) Without prejudice to the generality of subsection (1), regulations may provide for all or any of the following—

(a) the time within which specified systems or classes of systems for the collection and treatment of sewage effluents shall be provided,

(b) the design, construction and maintenance of collection and treatment systems,

(c) standards or other requirements for effluents specified in subsection (1),

(d) criteria for the designation of areas or classes of areas or waters or classes of waters by such person as may be specified and the times within which such designations shall be made or reviewed for the purposes of subsection (3),

(e) monitoring of sewage or other effluents and of waters to which sewage or other effluents are discharged,

(f) re-use and disposal of effluents.

(3) Standards or other requirements prescribed under subsection (2) may relate to—

(a) all, or specified classes of, or specified volumes of, effluents,

(b) effluents in designated areas or classes of areas or specified plant, sewers or drainage pipes, or specified classes of plant, sewers or drainage pipes, or

(c) effluents discharged to designated waters or classes of waters,

and different standards or other requirements may be prescribed in relation to different effluents or classes of effluents, different areas or classes of areas, different waters or classes of waters or different plant, sewers or drainage pipes or classes of plant, sewers or drainage pipes.

(4) In prescribing standards or other requirements under subsection (2) the Minister shall have regard to any criteria specified and published by the Agency under section 60 .

(5) The Minister may make regulations providing for the grant of an authorisation to a sanitary authority by the Agency in respect of the discharge of:

(a) all, or specified classes of, or specified volumes of, effluents,

(b) effluents in designated areas or classes of areas or specified plant, sewers or drainage pipes, or specified classes of plant, sewers or drainage pipes, or

(c) effluents discharged to designated waters or classes of waters,

requiring compliance by such sanitary authority with such standards or other requirements as have been specified under subsection (2) (c).

(6) Where a standard or other requirement is prescribed under subsection (2), the sanitary authority shall, where necessary, take steps as soon as is practicable, or within such period as may be prescribed for compliance with such standard or other requirement, to ensure that the said effluent complies with the standard or other requirement.

(7) It shall be a good defence to a prosecution for an offence under any enactment other than this Act that the act constituting the alleged offence was in compliance with a standard or other requirement specified under subsection (2) (c) or an authorisation granted under this section.

(8) Section 26 of the Local Government (Water Pollution) Act, 1977 , is hereby amended by the insertion of the following subsection after subsection (1):

“(1 A) Regulations under this section shall not relate to sewage or other effluents from any works, apparatus, treatment plant, sewer or drainage pipe vested in, or controlled or used by, a sanitary authority for the disposal of sewage or other effluents to any waters.”.

Agency functions in relation to water or sewage treatment.

60. —(1) The Agency may, and shall if so directed by the Minister, specify and publish criteria and procedures, which in the opinion of the Agency are reasonable and desirable for the purposes of environmental protection, in relation to the management, maintenance, supervision, operation or use of all or specified classes of plant, sewers or drainage pipes vested in or controlled or used by a sanitary authority for the treatment of drinking water or for the treatment or disposal of any sewage or other effluent to any waters and a sanitary authority shall, in the performance of its functions, have regard to such criteria and procedures.

(2) Without prejudice to subsection (1), specified criteria and procedures may relate to—

(a) site selection,

(b) the location of effluent discharges, the periods during which discharges may be made or may not be made and the design and construction of outlets for discharges,

(c) the provision and maintenance of meters, gauges, other apparatus, manholes and inspection chambers.

Monitoring in relation to sanitary authorities' effluents.

61. —(1) (a) A sanitary authority in which is vested or which has control over, or the use of, any plant, sewer or drainage pipe from which effluent is discharged to waters and in respect of which standards or other requirements have been prescribed or an authorisation issued under section 59 , or criteria and procedures have been specified under section 60 , shall carry out, cause to be carried out, or arrange for, such monitoring of the effluent or of the waters concerned or in connection with the management or operation of the plant, sewer or drainage pipe—

(i) as may be necessary or prescribed under section 59 (2) (e) to assess compliance with standards or other requirements prescribed, or authorisation issued, under section 59 , or

(ii) as the Agency shall direct in relation to criteria and procedures specified under section 60 , and shall transmit the results of such monitoring to the Agency in such manner and at such times as the Agency shall direct.

(b) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).

(2) Where the Agency—

(a) is of the opinion that the monitoring being carried out in accordance with the provisions of subsection (1) (a) (i) is inadequate for the purposes of assessing compliance with standards or other requirements prescribed, or authorisation issued, under section 59 , or

(b) is not satisfied with the response of a sanitary authority to a direction under subsection (1) (a) (ii),

it shall consult with the sanitary authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the sanitary authority as a simple contract debt in any court of competent jurisdiction.

(3) The Agency shall, from time to time, or at such intervals not exceeding two years and in such manner as may be prescribed for the purposes of monitoring compliance with specified standards or other requirements prescribed or authorisations issued under section 59 , prepare and publish reports on the quality of effluents being discharged from plant, sewers or drainage pipes vested in, or controlled or used by, sanitary authorities and shall include in such reports such recommendations as it considers appropriate.

Landfill sites for waste disposal.

62. —(1) The Agency shall, as soon as is practicable, for the purposes of environmental protection, specify and publish criteria and procedures for the selection, management, operation and termination of use of landfill sites for the disposal of domestic and other wastes.

(2) Without prejudice to the generality of subsection (1), specified criteria and procedures may relate to—

(a) site selection,

(b) design and bringing into operation of sites,

(c) impacts on the environment,

(d) leachate management, treatment and control,

(e) control and recovery of landfill gas,

(f) operational guidelines, including classification of wastes and establishment of acceptance criteria for landfill,

(g) acceptance of different classes of wastes at different classes of sites,

(h) fire, pest and litter control,

(i) appropriate recovery, reuse and recycling facilities,

(j) co-disposal of industrial and other wastes,

(k) monitoring of leachate, other effluents and emissions,

(l) termination of use and subsequent monitoring.

(3) (a) A local authority which manages or operates a landfill site to which specified criteria and procedures apply shall carry out, cause to be carried out, or arrange for, such monitoring in connection with the management or operation of the landfill site as the Agency shall direct, and shall transmit the results of such monitoring and such information on the management or operation of the site to the Agency in such manner and at such times as the Agency shall direct.

(b) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).

(4) Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.

(5) Where criteria and procedures specified under this section relate to a landfill site managed or operated by a local authority, the authority shall, where necessary, take steps as soon as is practicable to ensure that the management or operation of such landfill site complies with the specified criteria and procedures.

(6) The Agency shall, from time to time, prepare and publish reports on the management and operation of local authority landfill sites and shall include in such reports such recommendations as it considers appropriate.

(7) In this section “local authority” means a public waste collector for the purposes of the European Communities (Waste) Regulations, 1979.

Performance of statutory functions by local authorities.

63. —(1) Where the Agency is of opinion that a local authority has failed to perform a statutory function of that authority in relation to environmental protection, or has performed that function in an unsatisfactory manner, the Agency may request a report within a specified period from the authority in relation to the matter and the local authority shall comply with the request.

(2) The Agency, having considered any report of the local authority may, with a view to ensuring the satisfactory performance of the function in question—

(a) issue such advice and recommendations to the local authority as it considers necessary, or

(b) provide, on such terms and conditions as may be agreed, such assistance or support as the Agency considers, in consultation with the local authority concerned, would be helpful.

(3) (a) Where the Agency is of the opinion that the response of the local authority to advice or recommendations issued or assistance or support offered under subsection (2) is inadequate for the purposes of environmental protection it may, without prejudice to any of its powers under this Act or any other enactment, direct the local authority to carry out, cause to be carried out, or arrange for, such action related to the function in question as the Agency considers necessary for the purposes of environmental protection within such period as may be specified.

(b) Where a local authority fails without reasonable cause to comply with a direction under paragraph (a) the Agency shall carry out, cause to be carried out, or arrange for, such action related to the function in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction

(c) The Agency shall not give a direction under paragraph (a) unless the local authority, with due regard to its other statutory functions, has the necessary funds to comply with the direction or those funds can reasonably be made available by it.

(4) Nothing in this section shall be construed as enabling the Agency to exercise any power or control under this section in relation to the making of a decision on an application for a permission under Part IV of the Act of 1963.

(5) In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941 .

Hydrometric programme.

64. —(1) The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, prepare a national programme for the collection, analysis and publication of information on the levels, volumes and flows of water in rivers, lakes and groundwaters in the State (in this Act referred to as “hydrometric data”), and a copy of such programme shall, as soon as may be, be sent by the Agency to the Minister.

(2) A programme under this section may, after consultation with the persons or bodies (if any) referred to in subsection (1), be revised from time to time by the Agency and shall be reviewed at least every five years.

(3) It shall be the duty of the Agency to take appropriate steps to ensure that a programme under this section is implemented and for that purpose the Agency may—

(a) direct a local authority to provide, operate and maintain such gauges and other equipment as it may specify and to furnish specified information to the Agency in such manner and at such times as it may specify,

(b) make arrangements with any public authority, or other person or body to provide, operate and maintain such gauges and other equipment as it may specify and to furnish specified information to the Agency in such manner and at such times as it may specify,

(c) provide, operate and maintain gauges and other equipment for recording hydrometric data.

(4) Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.

Environmental monitoring programme.

65. —(1) The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, prepare programmes for monitoring the quality of the environment and a copy of each such programme shall, as soon as may be, be sent by the Agency to the Minister and shall be published by the Agency.

(2) A programme under this section shall specify—

(a) the nature and extent of the monitoring to which the programme relates and the reasons why, in the opinion of the Agency, the monitoring should be carried out,

(b) the persons or bodies (including the Agency) by which the intended monitoring is to be carried out,

(c) the resources, including equipment, other facilities and staff, required to carry out the monitoring and the cost thereof,

(d) the arrangements which the Agency considers appropriate for access to, dissemination of, and publication of the results of the monitoring.

(3) It shall be the duty of the Agency to take appropriate steps to ensure that a programme under this section is implemented and for that purpose the Agency may—

(a) give such directions as it considers appropriate to any local authority in relation to the carrying out of monitoring by that authority,

(b) make arrangements with any public authority, or other person or body, for the carrying out of specified monitoring,

(c) carry out, cause to be carried out, or arrange for, such monitoring as it may consider necessary for the purposes of the programme,

(d) assist any person or body in the carrying out of any part of the approved monitoring programme.

(4) The Minister may make regulations specifying the monitoring, or classes of monitoring in relation to which the Agency shall consult with him and obtain his agreement prior to giving any directions under subsection (3) (a).

(5) Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.

(6) The Agency may, after consultation with the persons or bodies (if any) referred to in subsection (1), amend or revoke a programme.

Establishment of an accreditation scheme.

66. —(1) (a) The Agency may, for the purposes of assessing analytical performance and ensuring the validity and comparability of environmental data, establish, or arrange for the establishment of, an analytical quality control programme involving its own laboratories, laboratories provided and operated by local authorities, and such other laboratories as it deems appropriate from which data are submitted to the Agency in connection with the performance of any of its functions.

(b) The Agency may require any such laboratory to furnish it with such data as it may request for the purposes of any such programme.

(c) Without prejudice to the generality of paragraph (a), the Agency may establish different analytical quality control programmes for different laboratories or for different tests.

(2) The Agency may require any laboratory which supplies environmental data to the Agency or in connection with any function under this Act to be accredited in accordance with Irish Standard I.S./EN 45001: 1989—General Criteria for the Operation of Testing Laboratories—or equivalent and with such other or further standards as may be set, from time to time, by the National Standards Authority of Ireland or equivalent standards.

(3) The Agency may provide for the imposition of charges and the payment of fees in connection with the provision of services or any procedural matters under this section.

(4) The Agency shall maintain a register of laboratories which comply with the requirements of subsection (1) or which are required to be accredited under subsection (2).

(5) The register shall include a list of tests to which such compliance or accreditation relates and shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

Access to monitoring results.

67. —The Agency shall keep and maintain, or cause to be kept and maintained, such records, including such summary records, of the results of any monitoring carried out, caused to be carried out, or arranged by it under this Act as it considers necessary for the purposes of any of its functions and shall, subject to section 39 , make such records available, or cause such records to be made available, for inspection by the public at all reasonable times, and, as the Agency considers appropriate, publish, or cause to be published, such records.

Monitoring activities of public authorities.

68. —(1) The Agency shall exercise general supervision over the monitoring carried out by local authorities (and such other public authorities as may be prescribed) for the purposes of any enactment relating to environmental protection.

(2) The Agency shall keep itself informed of the nature and extent of the monitoring carried out by each local authority and by each public authority prescribed under subsection (1).

(3) For the purposes of subsection (2), the Agency may require a local authority or other public authority prescribed under subsection (1) to provide information within a specified period on—

(a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring,

(b) the manner in which samples and measurements are taken and analyses are carried out,

(c) the equipment being used for the purposes of taking such samples and measurements or of carrying out such analyses,

(d) the results of such monitoring,

and the authority shall not unreasonably withhold the information sought.

(4) The Agency may, for the purposes of subsection (1), of its own volition, or at the request of a local authority or other public authority prescribed under subsection (1), advise the authority in relation to—

(a) the number and location of places within an area at which monitoring should be carried out and the frequency of such monitoring,

(b) the manner in which samples and measurements are to be taken and analyses are to be carried out,

(c) the equipment to be used for the purposes of taking such samples and measurements or of carrying out such analyses,

(d) the manner in which the results of such monitoring should be published or otherwise made available.

(5) The Agency may provide such services including general support, back-up, advice and assistance, as it considers necessary for the discharge by a local authority or other public authority prescribed under subsection (1) of its monitoring operations.

(6) The Agency may make arrangements with a local authority or other public authority prescribed under subsection (1) on such terms and conditions as may be agreed, for the provision of services under subsection (5).

(7) The Agency shall, at intervals not exceeding three years, prepare and publish a report on the monitoring operations of local authorities and other public authorities prescribed under subsection (1) and may, at more frequent intervals, report on monitoring operations related to particular environmental issues, or to particular areas, or to particular local authorities or to particular public authorities prescribed under subsection (1).

(8) A report under subsection (7) shall be laid by the Minister before each House of the Oireachtas.

Environmental quality data storage system.

69. —(1) The Agency shall, after consultation with such persons or bodies (if any) as may be prescribed, establish and maintain, or arrange to have established and maintained, a data base related to environmental quality.

(2) Without prejudice to the generality of subsection (1), the data base shall include information on—

(a) ambient air quality,

(b) the quality of inland waters, estuarial and coastal waters, and groundwaters,

(c) soil quality,

(d) noise levels,

(e) inventories of emissions to the environment, and

(f) such other matters as may be prescribed.

(3) For the purposes of this section, the Agency may require any public authority to make available to it, in such manner and at such times as it may specify, any information related to environmental quality in the control or possession of that authority and the authority shall not unreasonably withhold such information.

(4) (a) The Agency may make arrangements for information related to environmental quality held by any person or body to be supplied to it in such manner and on such terms and conditions as may be agreed and for such information to be included in the data base.

(b) The Agency may compile and maintain a register of sources of data related to environmental quality and the register shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

(5) The Agency shall, subject to subsection (4) and section 39 and on such terms and conditions as it thinks fit, make arrangements for public access to information contained in a data base prepared under this section.

State of the environment reports.

70. —The Agency shall—

(a) within a period of five years after it is established and in every fifth year thereafter, or

(b) within such other periods as may be prescribed,

prepare and publish a report on the quality and condition of the environment in the State.

Environmental research.

71. —(1) The functions of the Agency in relation to environmental research shall include the matters specified in this section.

(2) (a) The Agency shall advise the Minister on the need for environmental research and shall, at such intervals as the Minister may specify (or, where for the time being no intervals are specified by the Minister, at such intervals as it thinks fit) prepare programmes of such research.

(b) Programmes under this section shall specify—

(i) the subjects in relation to which research is necessary and the objectives of such research,

(ii) the manner in which and the persons or bodies by which such research could be carried out,

(iii) the estimated cost of particular research projects or operations.

(c) Programmes under this section shall be prepared after consultation with such persons or bodies as may be prescribed.

(3) (a) The Agency shall, from time to time, prepare and publish registers of environmental research projects and operations being carried out, or proposed to be carried out, in the State and which shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

(b) The Agency shall, insofar as is practicable, co-ordinate environmental research in the State and, for that purpose, may advise any public authority or any other person or body at the request of such person or body in relation to the allocation of financial support or other facilities for such research.

(4) The Agency may assist by money or in kind, or by the provision of services and facilities (including the services of staff), any person or body carrying out, or proposing to carry out, environmental research.

(5) The Agency may carry out, cause to be carried out, or arrange for, environmental research in accordance with a programme prepared under subsection (2).

(6) The Agency shall, in consultation with the Minister, establish and maintain liaison with the Commission of the European Communities and any other international organisation in relation to programmes of environmental research carried out, promoted, or assisted by the Commission or such other organisation, and shall promote and facilitate, as far as possible, participation in such programmes by persons and bodies in the State.

Environmental impact assessment.

72. —(1) (a) Subject to Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, and subsections (3) and (3A) of section 4 of the Local Government (Roads and Motorways) Act, 1974 , or to any provision amending or replacing that Article or those subsections, the Agency may, and shall at the request of the Minister, or of any other Minister of the Government in relation to those matters for which that Minister is the competent authority, prepare guidelines on the information to be contained in environmental impact statements in respect of development to which this section applies.

(b) The Agency shall, in preparing such guidelines, consult with the Minister and with any other Minister who in the opinion of the Agency is concerned.

(2) Guidelines under subsection (1) may relate to all development, or to any particular class of development, to which this section applies.

(3) (a) Regard shall be had, in the preparation of an environmental impact statement in respect of development to which this section applies, to any guidelines under subsection (1) which relate to the development concerned.

(b) A competent authority to which an environmental impact statement is submitted in respect of development to which this section applies shall, in considering the said statement, have regard to any guidelines under subsection (1) which relate to the development concerned.

(4) (a) A copy of an environmental impact statement prepared in respect of any development or class of development to which this section applies other than an activity for which a licence or revised licence under Part IV is required, shall be sent to the Agency by the person or body on whose behalf the environmental impact statement is prepared, at such time as may be prescribed.

(b) (i) The Agency may, having considered an environmental impact statement received pursuant to paragraph (a), make to the competent authority concerned such submissions or observations as it considers appropriate within such period as may be prescribed.

(ii) Where an environmental impact statement received by the Agency pursuant to paragraph (a) relates to development other than development by a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, a copy of any submissions or observations submitted to the competent authority under subparagraph (i) shall be sent by the Agency to the person or body by whom the environmental impact statement was sent pursuant to paragraph (a).

(c) A competent authority which receives submissions or observations from the Agency under paragraph (b) (i) shall, notwithstanding the provisions of any other enactment as to the matters to which that authority is to have regard in dealing with a case involving an environmental impact statement, have regard to such submissions or observations.

(5) The Agency shall be consulted and regard shall be had to its views, in the case of any development to which this section applies, before—

(a) a decision is made on an application for an exemption from a requirement of any enactment to prepare an environmental impact statement, or

(b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, decides that Article 23 (1) (a) shall not apply in relation to the proposed development.

(6) Any submissions or observations made by the Agency under subsection (4) (b) (i) or subsection (5) shall be available for inspection by any person free of charge at the Agency's headquarters during office hours.

(7) This section shall apply to—

(a) development which is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any enactment amending or replacing that Article, and

(b) a motorway which has the meaning assigned to it by the Local Government (Roads and Motorways) Act, 1974 .

(8) In this section, unless the context otherwise requires—

competent authority” means—

(a) a Minister of the Government or other public authority or body to which an environmental impact statement in respect of development to which this section applies is required by or under any enactment to be submitted, or

(b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, by which an environmental impact statement in respect of development to which this section applies is required to be prepared;

environmental impact statement” includes an “environmental impact study” for the purposes of the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988.

Environmental approval.

73. —(1) The Minister shall, with the consent of the Minister for the Marine, make regulations providing, in relation to all or any leases, licences, permits, or other authorisations which the Minister for the Marine is empowered under law to grant, or to the renewal of any such leases, licences, permits or other authorisations, that such leases, licences, permits or other authorisations, or specified classes thereof, shall, for the purposes of environmental protection, be subject to the approval of the Agency and such approval may be given either without conditions or subject to such conditions related to the purposes of environmental protection as the Agency shall specify.

(2) Any conditions attached to an approval of the Agency under subsection (1) shall be attached by the Minister for the Marine to the grant by him of the relevant authorisation.

(3) The Minister for the Marine shall, following consultation with the Minister, by regulations specify the procedures under which the approval of the Agency under this section shall be obtained, including the period within which the Agency shall give a decision with regard to an approval, and different procedures or different periods may be prescribed in relation to different leases, licences, permits, or other authorisations or to different classes thereof.

(4) The Minister for the Marine may, where he is of opinion that it is in the public interest to do so and with the consent of the Minister, by order provide that any class of case not provided for by regulations under subsection (1), should, for the purposes of environmental protection, be subject to the approval of the Agency and the requirements of subsection (1) shall apply to such class of case so long as the relevant order remains in force.

(5) An order under subsection (4) may, following the agreement of the Minister, include such matters as may be prescribed under subsection (3) in relation to the class of case concerned.

(6) The Minister for the Marine may, by order, with the consent of the Minister, amend or revoke an order under subsection (4).

Environmental audit.

74. —(1) In this section, “environmental audit” means in relation to any process, development or operation, a systematic, documented and objective periodic assessment of the organisational structure, management systems, processes and equipment pertaining to, or incidental to, that process, development or operation, for the purposes of environmental protection and, in particular for the purposes of—

(a) facilitating management control of practices which may have an impact on environmental protection,

(b) assessing compliance with enactments related to environmental protection and with such environmental conditions as may be attached to any licence or permit granted or issued in connection with the aforesaid process, development or operation, and

(c) minimising the impact of the process, development or operation on the environment.

(2) (a) The Agency may promote the carrying out of environmental audits.

(b) The Agency may, and shall at the request of the Minister, prepare and publish guidelines on the carrying out of environmental audits, and such guidelines may relate to all processes, developments or operations or to any particular class of process, development or operation or to processes, developments or operations in particular areas or classes of areas.

(3) Without prejudice to the generality of subsection (2), guidelines may relate to—

(a) the aims of an environmental audit,

(b) the expertise to be included in an environmental audit team,

(c) the criteria to be considered and procedures to be followed in carrying out an environmental audit.

(4) For the purposes of promoting the carrying out of environmental audits, the Agency may, in relation to any process, development or operation or classes of processes, developments or operations—

(a) provide such assistance and support, on such terms and conditions as may be agreed with any person or body, for the purposes of developing and carrying out environmental audits or pilot or demonstration projects, and

(b) organise and promote, or assist in organising and promoting, conferences, seminars, lectures, demonstrations, training courses or publications.

Environmental quality objectives.

75. —(1) The Agency shall, in relation to any environmental medium and without prejudice to its functions under section 103 , specify and publish quality objectives which the Agency considers reasonable and desirable for the purposes of environmental protection.

(2) Without prejudice to subsection (1), the Agency may—

(a) prepare guidelines or recommendations on the manner and the period within which quality objectives could be achieved,

(b) identify the public authorities or other bodies which may contribute to the achievement of such objectives,

(c) assess the resources, including staff and funding, which would be required to achieve such objectives, or

(d) arrange for the dissemination of information on any of the matters provided for by this subsection or any other relevant matter to the Minister or any other Minister of the Government or other public authority or other body which in the opinion of the Agency may contribute to the achievement of such objectives.

(3) Without prejudice to the operation or effect of any standard, limit value, order or other matter specified or prescribed or otherwise in force by or under any enactment, the Minister and any other Minister of the Government and any other public authority shall take into account any quality objective drawn up and published by the Agency in the formulation of policy, in the setting of standards or in the exercise of any of their other functions concerning environmental protection.

Codes of practice.

76. —(1) The Agency may—

(a) prepare and publish codes of practice, or

(b) approve of a code of practice or any part of a code of practice drawn up by any other body,

for the purpose of providing practical guidance with respect to compliance with any enactment or otherwise for the purposes of environmental protection.

(2) The Agency shall, before publishing or approving of a code of practice or approving of any part of a code of practice, consult and have regard to any views of the Minister and any other Minister of the Government or other person or body that appears to the Agency to be appropriate, or that may be prescribed.

(3) Where the Agency publishes or approves of a code of practice or approves of any part of a code of practice it shall publish a notice to that effect in Iris Oifigiúil, specifying the enactment or matter in relation to which the code is published or approved of and the date from which the code shall have effect.

(4) The Agency may, following consultation with the Minister and any other Minister of the Government or any other person or body that appears to the Agency to be appropriate, or that may be prescribed—

(a) revoke or revise the whole or part of any code of practiceprepared and published by it, or

(b) withdraw its approval of any code of practice or any part of a code of practice.

(5) Where the Agency revokes or revises, or withdraws its approval of, a code of practice or any part of a code of practice it shall publish a notice to that effect in Iris Oifigiúil.

Evidence of code of practice.

77. —A document under the seal of the Agency purporting to be a code, or part of a code, of practice published or approved of by the Agency under section 76 , shall be received in evidence without further proof.

Labelling of products and services.

78. —(1) The Agency shall, if it considers it necessary or desirable to do so, having regard to any act of an institution of the European Communities relating to a Community labelling scheme, establish or arrange for the establishment of a scheme or schemes for the use of a special symbol or symbols on the labels of specified products or in connection with specified services which meet specified criteria and standards as to their impact on the environment.

(2) Without prejudice to the generality of subsection (1), the Agency may—

(a) set the criteria and standards under which a special symbol can be used on the labels of products or in connection with services,

(b) provide for procedures and other matters in relation to the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol including fees relating to such use or to accompany such applications,

(c) carry out, cause to be carried out, or arrange for, the testing and analysis of products or services related to their use of a special symbol to ensure compliance with the said criteria and standards,

(d) provide for charges for the carrying out of tests or analyses,

(e) carry out, cause to be carried out, or arrange for, monitoring of the use of a special symbol,

(f) determine the product categories or services to which such a scheme would apply,

(g) prepare and publish periodic reports on the scheme,

(h) publicise details of the scheme.

(3) The Agency shall consult with such public authorities and such other persons and bodies, as may be prescribed, in the preparation, amendment or revocation of a scheme under this section.

(4) It shall be an offence—

(a) to use a symbol provided for in a scheme under this section, or under a Community environmental labelling scheme in force in the State, or a similar symbol, on the labelling of a product or in connection with a service which has not been approved under the scheme or for which the approval has been withdrawn or, if approved, no longer meets the standards and criteria of the scheme, or

(b) for a person to make a statement or claim in writing or otherwise in connection with the use, or an application or an appeal against a refusal for the use, or for the withdrawal, of a special symbol which to his knowledge is false or misleading in a material respect.

(5) The Agency may amend or revoke a scheme under subsection (1).

General policy directives.

79. —(1) The Minister may, whenever he thinks proper, give such general directives in writing to the Agency as to policy in relation to environmental protection.

(2) In performing its functions the Agency shall have regard to any directives given by the Minister under this section.

(3) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency of a function assigned to it by or under this Act.

(4) Where the Minister gives a directive under this section he shall—

(a) as soon as may be cause a copy of the directive to be laid before each House of the Oireachtas,

(b) cause a notice of the issue of the directive to be published in Iris Oifigiúil and in at least one daily newspaper circulating in the State, and

(c) cause a copy of the directive to be transmitted to the Agency and to each planning authority.

(5) A notice under subsection (4) (b) shall specify where a copy of the directive to which it relates may be obtained and the fee (if any) payable in respect of such copy which shall not exceed the reasonable cost of making the copy.

Consultation by the Agency.

80. —The Agency shall consult with such public authorities, persons or bodies as it considers necessary or as may be prescribed in relation to the performance of its functions under this Act or such of those functions as may be prescribed and shall have regard to any views given or recommendations made by such public authority, person or body.

Consultation with the Agency.

81. —The Agency shall be consulted by such public authorities prior to the discharge of such functions related to the environment as the Minister, following consultation with any other Minister of the Government who in the opinion of the Minister is concerned, may, by regulations, specify and such public authorities shall have regard to the views of the Agency prior to carrying out the functions specified.

O.J. No. L120/1 of 11 May, 1990.

O.J. No. L194/1 of 25 July, 1975.

O.J. No. L135/40 of 30 May, 1991.