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7 1992

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

PART II

Environmental Protection Agency

Establishment of Environmental Protection Agency.

19. —(1) There shall be a body to be known as An Ghníomhaireacht um Chaomhnú Comhshaoil or, in the English language, the Environmental Protection Agency (in this Act referred to as the Agency) to perform the functions assigned to it by or under this Act.

(2) The Agency shall stand established on such day as the Minister by order appoints.

(3) The Agency shall consist of a Director General and four other directors.

Incorporation of Agency.

20. —(1) The Agency shall be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

(2) The Agency shall provide itself with a seal.

(3) The seal of the Agency shall be authenticated by the signature of the Director General or of some other director or of a person, being an employee of the Agency or a person whose services are availed of by, or supplied to, the Agency under section 44 , authorised by the Agency to act in that behalf.

(4) Judicial notice shall be taken of the seal of the Agency and every document purporting to be an instrument made by the Agency and to be sealed with the seal (purporting to be authenticated in accordance with subsection (3)) of the Agency shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

Director General.

21. —(1) The Director General shall be appointed by the Government.

(2) A committee shall be established consisting of—

(a) the Secretary to the Government,

(b) the Secretary of the Department of the Environment,

(c) the Chairperson of the Council of An Taisce—the National Trust for Ireland,

(d) the Managing Director of the Industrial Development Authority,

(e) the General Secretary of the Irish Congress of Trade Unions, and

(f) the Chief Executive of the Council for the Status of Women.

(3) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and—

(a) any of the persons aforesaid signifies at any time his unwillingness or inability to act for any period as a member of the committee, or

(b) any of the persons aforesaid is through ill-health or otherwise unable so to act for any period,

the Minister may appoint in the case of—

(i) the Secretary of the Government, some other officer of the Taoiseach who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 ,

(ii) the Secretary of the Department of the Environment, some other officer of the Minister for the Environment, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 ,

(iii) in any other case, some other person from the organisation or body referred to in subsection (2) to which the person referred to at paragraph (a) or (b) belongs,

to be a member of the committee in his place and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(4) Where the Minister makes a request under subsection (7), (9) or (10) or section 24 and at the time of making the request any of the offices specified in subsection (2) is vacant, the Minister may appoint a person to be a member of the committee and such person shall remain a member of the committee until such time as the selection by the committee pursuant to the request is made.

(5) Where pursuant to subsection (3) or (4), the Minister appoints a person to be a member of the committee, he shall, as soon as may be, cause a notice of the appointment to be published in Iris Oifigiúil.

(6) (a) The Minister may, by order, amend subsection (2).

(b) Where an order under this subsection is for the time being in force, subsection (2) shall be construed and have effect subject to the terms of the order.

(7) (a) The committee shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the Director General and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected.

(b) In selecting candidates the committee shall have regard to the special knowledge and experience and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the Director General.

(8) Except in the case of a reappointment under subsection (13), the Government shall not appoint a person to be the Director General unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (7) in relation to that appointment.

(9) Notwithstanding subsection (7) or (8), if the Government decide not to appoint to be the Director General any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request—

(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(10) Notwithstanding subsection (7) or (8), if the committee is unable to select any suitable candidate pursuant to a particular request—

(a) the Government shall appoint a person to be the Director General who was among those or, as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be the Director General a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(11) The Minister may make regulations as regards—

(a) the publication of notice that a request has been received by the committee under subsection (7), (9) or (10),

(b) applications for selection,

(c) any other matter which the Minister considers expedient for the purposes of this section.

(12) The Director General shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(13) Subject to the provisions of this section—

(a) the term of office of the Director General shall be seven years,

(b) the Director General may be reappointed by the Government for a second or subsequent term of office of seven years or less if, at the time of his reappointment, he is the outgoing Director General.

(14) (a) The Director General may resign his office by letter addressed to the Minister.

(b) The Director General shall vacate the office of Director General on attaining the age of sixty-five years.

(15) (a) The Director General shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister,with the consent of the Minister for Finance, may determine.

(b) Subject to the provisions of this section, the Director General shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine.

(16) The Director General may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions and, in case the Director General is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

Deputy Director General.

22. —(1) The Agency shall appoint from among the directors a person to be Deputy Director General of the Agency and such appointment shall be for such period, not exceeding the current term of his office of director, as shall be specified in the appointment.

(2) If at any time the Deputy Director General ceases to be a director, he shall also cease to be Deputy Director General·

(3) The Deputy Director General may, in addition to his remuneration as a director, be paid such additional remuneration (if any) as the Minister, with the consent of the Minister for Finance, may determine.

(4) The Deputy Director General may resign his office by letter addressed to the Agency.

General functions of Director General and Deputy Director General.

23. —It shall be the function of the Director General or, where he is not available or where the office of Director General is vacant, of the Deputy Director General—

(a) to ensure the efficient discharge of the business of the Agency, and

(b) to arrange the distribution of the business of the Agency among its directors.

Directors.

24. —(1) The directors of the Agency shall be appointed by the Government.

(2) The Minister may, after consultation with the Director General (where a Director General is in office) or the Deputy Director General (where a Deputy Director General is in office) if there is no Director General in office, by order specify qualifications for all posts, or any particular post, of director.

(3) (a) Where a director is to be appointed pursuant to subsection (1), the committee provided for in section 21 shall, whenever so requested by the Minister, select three candidates, or if in the opinion of the committee there is not a sufficient number of suitable applicants, such lesser number of candidates as the committee shall determine, for appointment to be the director and shall inform the Minister of the names of the candidates, or, as may be appropriate, the name of the candidate, selected.

(b) In selecting candidates the committee shall have regard to the special knowledge and experience, including relevant experience in environmental matters, and other qualifications, including any qualifications which the Minister may by order specify, or personal qualities which the committee consider appropriate to enable a person effectively to perform the functions of the director.

(4) Except in the case of a reappointment under subsection (9), the Government shall not appoint a person to be a director unless the person was among those or, as may be appropriate, was the candidate selected by the committee, pursuant to a request under subsection (3) in relation to that appointment.

(5) Notwithstanding subsection (3) or (4), if the Government decide not to appoint to be a director any of the candidates or, as the case may be, the candidate selected by the committee pursuant to a particular request—

(a) the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(6) Notwithstanding subsection (3) or (4), if the Committee is unable to select any suitable candidate pursuant to a particular request—

(a) the Government shall appoint a person to be a director who was among those, or as the case may be, was the candidate, selected by the committee pursuant to a previous request (if any) in relation to that appointment, or

(b) the Minister shall make a further such request to the committee and the Government shall appoint to be a director a person who was among the candidates or, as the case may be, was the candidate selected by the committee pursuant to that request or pursuant to another such request made in relation to that appointment.

(7) The Minister may make regulations as regards—

(a) the publication of notice that a request has been received by the committee under subsection (3) or (5),

(b) applications for selection,

(c) any other matter which the Minister considers expedient for the purposes of this section.

(8) Each director shall be appointed in a wholetime capacity and shall not at any time during his term of office hold any other office or employment in respect of which emoluments are payable.

(9) Subject to the provisions of this section—

(a) a director shall hold office for such term (not exceeding five years) as shall be specified by the Government when appointing him,

(b) a director may be reappointed by the Government for a second or subsequent term of office for five years or less if at the time of his reappointment he is an outgoing director.

(10) (a) A director may resign his office by letter addressed to the Minister.

(b) A director shall vacate his office of director on attaining the age of sixty-five years.

(11) (a) A director shall be paid, out of moneys at the disposal of the Agency, such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

(b) Subject to the provisions of this section, each director shall hold office on such terms and conditions (including terms relating to allowances for expenses) as the Minister, with the consent of the Minister for Finance, may determine.

(12) A director may be removed from office by the Government if, in their opinion, he has become incapable through ill-health of effectively performing his duties, or for stated misbehaviour, or if his removal appears to the Government to be necessary or desirable for the effective performance by the Agency of its functions, and in case a director is removed from office under this subsection, the Government shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

Meetings and procedure of Agency.

25. —(1) The Agency shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Director General and each director shall have one vote at a meeting of the Agency.

(3) At a meeting of the Agency—

(a) the Director General shall, if present, chair the meeting,

(b) if and for so long as the Director General is not present, or if the office of Director General is vacant, the Deputy Director General shall, if present, chair the meeting,

(c) in any other case, the directors who are present shall choose one of their number to chair the meeting.

(4) Every question at a meeting of the Agency shall be determined by a majority of votes of the directors present and, in the event that voting is equally divided and there are more than two directors present, the person chairing the meeting shall have a casting vote.

(5) Subject to the requirements of this Act and any regulations made thereunder the Agency shall regulate its own procedure and business.

(6) (a) Subject to paragraph (b), the Agency may perform or exercise any of its functions through or by any director of the Agency or other person or body who, in either case, has been duly authorised by the Agency in that behalf.

(b) Paragraph (a) shall not be construed as enabling the Agency to authorise a person who is not a director of the Agency finally to determine a decision on the granting, whether with or without conditions, or a refusal, of a licence or revised licence or on any prescribed matter.

Agency's quorum, vacancies, etc.

26. —(1) The quorum for a meeting of the Agency shall be not less than two.

(2) Subject to subsection (1), the Agency may act notwithstanding a vacancy or vacancies in the office of Director General or among the directors.

(3) Where a vacancy occurs in the office of Director General, or among the directors, the Minister shall, as soon as may be, take steps to fill the vacancy.

(4) (a) Where, owing to the illness of the Director General or of a director, or for any other reason, a sufficient number of directors of the Agency is not available to enable the Agency effectively to perform its functions, the Minister may, as an interim measure, appoint from among the officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Act, 1956 , one or more persons to be a director and, where necessary, one to be Deputy Director General.

(b) A person shall not be appointed to be a director or Deputy Director General under this subsection for a term in excess of six months and may not be reappointed on more than three occasions.

Advisory Committee.

27. —(1) There shall be a committee (hereinafter called the Advisory Committee) to perform the functions assigned to it by or under this Act.

(2) The number of members of the Advisory Committee shall, subject to subsection (11), be twelve.

(3) (a) The Director General, or the Deputy Director General if and for so long as the Director General is not present or if the office of the Director General is vacant, shall, ex officio, be a member and shall chair the meetings of the Advisory Committee.

(b) In the event of the offices of Director General and Deputy Director General being vacant the Minister shall designate one of the other directors of the Agency to be a member of the Advisory Committee and to chair its meetings until either the Director General or the Deputy Director General is appointed.

(4) The directors other than the Director General shall be entitled to attend and be heard at meetings of the Advisory Committee but shall not be eligible to vote.

(5) The Minister may prescribe for the purposes of subsection (6)

(a) organisations which in his opinion are representative of persons whose professions or occupations relate to environmental protection,

(b) organisations which in his opinion are concerned with environmental protection,

(c) organisations which in his opinion are concerned with the promotion of economic or other development,

(d) organisations which in his opinion are concerned with the promotion in relation to the community of social, economic or general interests,

(e) organisations which in his opinion are representative of persons concerned with environmental education or research.

(6) The members of the Advisory Committee shall be appointed by the Minister as follows—

(a) not less than one shall be so appointed from among persons selected by the organisations which for the time being stand prescribed under a particular paragraph of subsection (5), subject to seven persons being appointed in all,

(b) four other members shall be appointed by the Minister.

(7) The organisations prescribed under a particular paragraph of subsection (5) shall, whenever so requested by the Minister, select such number (not being less than four) of candidates as the Minister may specify for appointment and shall inform the Minister of the names of the candidates selected.

(8) Except in the case of an appointment pursuant to subsection (6) (b) and subject to subsection (10), the Minister shall not appoint a person to be a member of the Advisory Committee unless the person was among those selected pursuant to a request under subsection (7) in relation to that appointment.

(9) Notwithstanding subsection (7) or (8)

(a) if the appropriate organisations prescribed under a particular paragraph of subsection (5) refuse or fail to select any candidate pursuant to a particular request under subsection (7), or

(b) if the Minister decides not to appoint as a member any of the candidates selected by such organisations pursuant to the request,

then either—

(i) the Minister shall appoint as a member a person who was among those selected by such organisations pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii) the Minister shall make a further such request and he shall appoint as a member a person who was among those selected pursuant to that request or pursuant to another such request made in relation to that appointment.

(10) Where a request is made pursuant to subsection (7), failure or refusal by any or all of the organisations of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by any of the aforesaid organisations or by any other organisation.

(11) The Advisory Committee may act notwithstanding vacancies in its membership.

(12) A member of the Advisory Committee shall be appointed for such term (not exceeding three years) as shall be specified by the Minister when appointing him (on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines) and a member whose term of office expires by the effluxion of time shall be eligible for reappointment.

(13) A member of the Advisory Committee shall be paid, out of moneys at the disposal of the Agency, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(14) The Advisory Committee may regulate, by standing orders or otherwise, its procedure or business.

(15) The Minister may fix the date, time and place of the first meeting of the Advisory Committee.

(16) The Minister may make regulations as regards—

(a) the period within which the Minister is to be informed in accordance with subsection (7),

(b) any other matter which the Minister considers expedient for the purposes of this section.

(17) (a) A member of the Advisory Committee may resign from office by letter addressed to the Minister.

(b) The Minister may remove from office a member of the Advisory Committee if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or for stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Advisory Committee of its functions.

Functions of Advisory Committee.

28. —(1) (a) It shall be the duty of the Advisory Committee to make recommendations to the Agency or to the Minister relating to the functions of the Agency.

(b) The Agency or the Minister, as may be appropriate, shall have regard to any recommendations made by the Advisory Committee.

(2) Without prejudice to the generality of subsection (1), the Advisory Committee may make recommendations—

(a) to the Agency in relation to—

(i) general staff requirements of the Agency but excluding decisions in relation to particular posts, individual employees, pay, grading and conditions,

(ii) the provision of services, including laboratory facilities, required by the Agency,

(iii) the provision of services, including laboratory facilities, by the Agency,

(iv) standards, guidelines and codes of practice in relation to environmental protection,

(v) the research programme of the Agency, its financing and priorities,

(vi) the annual work programme of the Agency and priorities for different elements of the work programme,

(vii) the organisation and promotion of training conferences and related matters for the purposes of environmental protection,

(viii) any other matters related to the functions of the Agency,

(b) to the Minister in relation to—

(i) the assignment of specific functions to the Agency,

(ii) the financing of the Agency,

(iii) the activities or classes of activities for which the Agency should have licensing functions under Part IV ,

(iv) the assignment to the Agency of responsibility for specific environmental matters,

(v) any other matter which, in the opinion of the Advisory Committee, is relevant to the effective performance by the Agency of its functions.

(3) The Minister may consult the Advisory Committee on any matter arising in relation to his functions with respect to environmental protection.

(4) The Advisory Committee shall be entitled to be informed at its meetings by the Director General, or a person appointed by him for the purpose, about the work of the Agency but (subject to section 110 ) not in relation to the detail of particular cases, and provided always that disclosure of such information shall not be in breach of section 39 .

(5) Subject to section 110 , the Advisory Committee shall not as of right be entitled—

(a) to receive specific information in relation to the processing of an application for, or the review of, an individual licence or revised licence under Part IV , or

(b) to have any recommendations regarding such a licence taken into account.

Staff of the Agency.

29. —(1) The Agency may appoint such persons to be employees of the Agency as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading.

(2) (a) An employee of the Agency shall be paid, out of moneys at the disposal of the Agency, such remuneration and allowances for expenses as the Agency, with the consent of the Minister and the Minister for Finance, may determine.

(b) An employee of the Agency referred to in paragraph (a) shall hold his employment on such other terms (including terms specifying the duration of such employment) and conditions as the Agency, with the consent of the Minister and the Minister for Finance, may determine.

Transfer of staff of public authorities.

30. —(1) The Minister may, from time to time, following consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned, request a public authority to designate for employment by the Agency employees of that authority whose principal duties relate to a function assigned or transferred to the Agency under this Act, or to be so assigned or transferred to the Agency, and the authority shall comply with such request.

(2) A public authority may, with the consent of the Minister who shall consult with the Agency on the matter, designate for employment by the Agency any person employed by the public authority.

(3) A public authority shall not designate an employee under subsection (1) or (2), without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intention to do so and considered any representations made by him, or by them or by any of them, in relation to the matter within such time as may be specified in the notification.

(4) The Agency shall, with the consent of the Minister who shall consult with the Agency on the matter, accept into its employment a person designated under subsection (1) or (2) for employment by the Agency.

(5) Acceptance into the employment of the Agency of a person designated under this section shall have effect on such day as may be specified by the Minister after consultation with the Agency and any other Minister of the Government who in the opinion of the Minister is concerned.

Conditions related to transfer of staff.

31. —(1) The terms and conditions relating to tenure which are granted by the Agency in relation to a person accepted into its employment under section 30 or 32 shall not, while the person is in the employment of the Agency, be less favourable to him than those prevailing immediately before his acceptance into such employment save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned; and if a dispute arises between the Agency and any such person as to terms and conditions prevailing immediately before his acceptance into the employment of the Agency, the matter shall be determined by the Minister for Finance, after consultation with the Minister.

(2) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (1) shall not, while in the employment of the Agency, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure) to which he was subject immediately before the day on which he was so accepted.

(3) Until such time as the scale of pay and the terms and conditions of service (other than those relating to tenure) of a person referred to in subsection (1) are varied by the Agency, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which such a person was entitled and the terms and conditions of service (other than those relating to tenure), restrictions, requirements and obligations to which the person was subject immediately before such acceptance shall continue to apply and may be applied or imposed by the Agency, while the person is in the employment of the Agency; no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to an employee immediately before he was accepted into the employment of the Agency, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(4) Previous service of any person in a public authority from which he was accepted into the employment of the Agency under section 30 or 32 shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 and 1991.

Dissolution of An Foras Forbartha Teoranta.

32. —(1) The National Institute for Physical Planning and Construction Research Limited (An Foras Forbartha Teoranta) shall, on such date as may be specified by order of the Minister, made with the consent of the Minister for Finance, be dissolved by virtue of this section.

(2) An order under subsection (1) may provide for any consequential or ancillary matter or any other matter which the Minister considers necessary or expedient including, in particular—

(a) the transfer of staff of An Foras Forbartha Teoranta to the Agency,

(b) the transfer or distribution of property, rights and liabilities to the Agency, the Environmental Research Unit established under the Environmental Research Unit (Establishment) Order, 1988, the Minister, or any other public authority specified in the order,

(c) the preservation of continuing contracts related to environmental protection made by An Foras Forbartha Teoranta,

(d) the continuance of pending legal proceedings,

(e) the superannuation of former staff of An Foras Forbartha Teoranta.

(3) The Minister shall not make an order under subsection (2) (a) without having notified in writing any recognised trade unions or staff associations concerned of his intention to do so and considered any representations made by them or by any of them in relation to the matter within such time as may be specified in the notification.

(4) The Agency shall accept into its employment in accordance with the terms of this Act a person who is transferred under subsection (2) (a).

Superannuation of Director General and directors.

33. —(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities or other allowances to or in respect of the Director General and other directors ceasing to hold office.

(2) A scheme under this section may provide that the termination of the appointment of the Director General or of a director during that person's term of office shall not preclude the award to him under the scheme of a pension, gratuity or other allowance.

(3) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.

(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity, or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance whose decision shall be final.

(5) A scheme under this section shall be carried out by the Agency in accordance with its terms.

(6) No pension, gratuity or other allowance shall be granted by the Agency to or in respect of any person referred to in subsection (1) ceasing to hold office otherwise than in accordance with a scheme under this section.

(7) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Superannuation of staff of Agency.

34. —(1) The Agency may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of such persons appointed under section 29 to, or accepted under section 30 or 32 into, wholetime employment of the Agency.

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) The Agency may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final.

(5) No superannuation benefit shall be granted by the Agency on the resignation, retirement or death of an employee of the Agency otherwise than in accordance with a scheme under this section.

(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) A scheme or schemes under subsection (1) shall, as respects a person accepted into wholetime employment of the Agency under section 30 or 32 , provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so accepted into the employment of the Agency in relation to the grant of such benefits.

(8) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person accepted into wholetime employment of the Agency under section 30 or 32 , in respect of his employment with the public authority concerned, the superannuation benefits shall be granted and paid to or in respect of the person by the Agency and, for that purpose, his pensionable service with the Agency shall be aggregated with his previous pensionable service.

(9) In this section and in sections 35 and 36 superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

Membership of House of Oireachtas or European Parliament.

35. —(1) Where the Director General or other director of the Agency—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be the Director General or a director of the Agency, as the case may be.

(2) Where a person who is an employee of the Agency—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period commencing on such acceptance, nomination or election, as the case may be, and ending when he fails to be elected to, withdraws his candidature for, or ceases to be a member of, either such House or such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming the Director General or a director of the Agency or an employee of the Agency.

(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits.

Membership of a local authority.

36. —(1) Where the Director General or other director of the Agency becomes a member of a local authority he shall thereupon cease to be the Director General or a director of the Agency, as the case may be.

(2) Subject to subsection (4), where a person who is an employee of the Agency becomes a member of a local authority, he shall be released on special leave and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances in respect of the period of his membership of the local authority.

(3) A person who is for the time being a member of a local authority shall be disqualified from becoming the Director General or a director of the Agency or an employee of the Agency.

(4) The Minister may by order designate a class, description or grade of employment to which the provisions of subsection (2) or (3) shall not apply while such order is in force.

(5) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Agency for the purposes of any superannuation benefits.

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

Declaration of interests.

37. —(1) It shall be the duty of a person to whom this section applies to give to the Agency a declaration in the prescribed form, signed by him and containing particulars of every interest of his which is an interest to which this section applies and for so long as he continues to be a person to whom this section applies it shall be his duty where there is a change regarding any such interest or where he acquires any other interest to which this section applies, to give to the Agency a new declaration in the prescribed form.

(2) (a) This section applies to—

(i) the Director General or other director, and

(ii) an employee of the Agency or any other person whose services are availed of by the Agency and who is of a class, description or grade prescribed for the purposes of this section.

(b) This section applies to the following interests—

(i) any estate or interest which a person to whom this section applies has in any land or in any activity,

(ii) any business of dealing in or developing land, or any activity, in which such a person is engaged or employed and any such business carried on by a company or other body of which he, or any nominee of his, is a member,

(iii) any profession, business or occupation in which such a person is engaged, whether on his own behalf or otherwise, and which relates to dealing in or developing land or to an activity.

(3) A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if, and only if, he gives to the Agency a declaration mentioned in that subsection within the period of twenty-eight days beginning—

(a) in case the person is such a person on the commencement of this section, on such commencement,

(b) in case the person becomes such a person after the commencement of this section, on the day on which he becomes such a person,

(c) in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies, on the day on which the change occurs or the other such interest is acquired.

(4) For the purposes of this section, a person shall be regarded as having an estate or interest in land or an activity if he, or any nominee of his, is a member of a company or other body which has an estate or interest in the land or the activity.

(5) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Agency or in performing any function in relation to any such matter.

(6) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or by his nominee and the total nominal value of those shares does not exceed the lesser of—

(a) one thousand pounds, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he has an interest,

subsection (1) of this section shall not have effect in relation to that interest.

(7) The Agency shall for the purposes of this section keep a register (which register is in this section referred to as the register of interests) and shall enter therein the particulars contained in declarations given to the Agency pursuant to this section.

(8) The register of interests shall be available for inspection by any person at the Agency's headquarters during office hours and a copy of the register or any entry in the register may be obtained by any person on the payment to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making the copy.

(9) Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the Agency pursuant to this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the said register by the Agency.

(10) Subject to subsection (11), a person who fails to comply with subsection (1) or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or which to his knowledge are misleading in a material respect, shall be guilty of an offence.

(11) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he believed, in good faith and upon reasonable grounds, that—

(a) the relevant particulars were true,

(b) there was no matter as regards which he was then required to make a declaration under subsection (1), or

(c) that the matter in relation to which the offence is alleged was not one as regards which he was so required to make such declaration.

(12) In this section “land” includes land covered by water.

Disclosure of interests.

38. —(1) Where the Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45 , has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Agency, committee or consultative group or the person concerned, he shall comply with the following requirements—

(a) he shall disclose to the Agency, committee or consultative group, as the case may be, the nature of his interest in advance of any consideration of the matter,

(b) he shall neither influence nor seek to influence a decision in relation to the matter,

(c) he shall take no part in any consideration of the matter,

(d) if he is a director of the Agency, or a member of a committee or consultative group he shall withdraw from the meeting for so long as the matter is being discussed or considered by the Agency, committee or consultative group and shall not vote or otherwise act as such director or member in relation to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) he or any member of his household, or any nominee of his or of any member of his household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or any member of his household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) he or any member of his household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates,

(d) any member of his household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him to comply with the requirements of subsection (1), the question shall be determined by the Agency and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made to the Agency, a committee or consultative group pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

Disclosure of confidential information.

39. —(1) A person shall not disclose confidential information obtained by him in his capacity as Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency, or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45 , unless he is duly authorised to do so.

(2) In this section—

confidential information”, without prejudice to the provisions of section 110 , includes information that is expressed by the Agency to be confidential either as regards particular information or as regards information of a particular class or description;

duly authorised” means authorised by the Agency or by some person authorised in that behalf by the Agency for the purposes of this section.

Prohibition of certain communications.

40. —(1) A person shall not communicate with the Director General, other director, an employee of the Agency, a member of the Advisory Committee or of a committee or consultative group established by the Agency, a consultant, adviser or other person engaged by the Agency, or a person whose services are availed of by, or supplied to, the Agency under section 44 or who exercises or performs any function on behalf of the Agency under an agreement under section 45 , for the purpose of influencing improperly his consideration of any matter which falls to be considered or decided by the Agency, committee or consultative group.

(2) If any person referred to in subsection (1) to whom a communication is made becomes of opinion that the communication is in contravention of that subsection, it shall be his duty not to entertain the communication further and he shall inform forthwith the Agency in writing of the substance of such communication and the Agency shall acknowledge in writing the receipt of such information.

Committees and consultative groups.

41. —(1) The Agency may from time to time appoint such and so many committees and consultative groups for such period and subject to such terms of reference as it thinks proper.

(2) The Agency may, subject to section 25 (6), delegate to a committee appointed under this section any of its functions which, in its opinion, can be better or more conveniently performed by a committee.

(3) The Agency shall appoint a person to chair the meetings of a committee or consultative group under this section and a person to act in the absence of the person so appointed.

(4) The Agency may at any time dissolve a committee or consultative group appointed under this section or remove a member of a committee or consultative group from such membership.

(5) Each member of a committee or consultative group appointed under this section shall be paid, out of moneys at the disposal of the Agency, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

(6) A committee or consultative group appointed under this section may regulate, by standing orders or otherwise, its procedure or business.

Consultants and advisers.

42. —(1) The Agency may from time to time engage such consultants or advisers as it may consider necessary for the discharge of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Agency out of moneys at its disposal.

(2) Any person may notify the Agency in writing of his willingness to be engaged by the Agency as a consultant or adviser pursuant to this section and such person when so notifying the Agency shall give to the Agency particulars of his qualifications and experience.

(3) The Agency shall maintain a list of the persons who duly give to the Agency a notification pursuant to subsection (2).

(4) The Agency shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3), but nothing in this subsection shall be construed as precluding the Agency from engaging as a consultant or adviser a person whose name is not on the said list.

(5) The Agency shall include in its annual report a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.

Establishment of regional environmental units.

43. —(1) The Agency shall establish such number of units (in this Act referred to as regional environmental units) as may be approved of by the Minister and shall, as far as is practicable, arrange for the performance of its functions, or particular functions, through such units.

(2) Each regional environmental unit shall comprise such number and types of employees and such facilities for the performance of its functions as the Agency considers necessary.

Provision of services to Agency.

44. —(1) For the purposes of enabling the Agency to perform its functions on and from the appropriate day, the Minister may, as an interim measure, supply to the Agency any services, including services of staff, required by the Agency and the Agency may avail of such services for which arrangements are made under this section.

(2) A local authority or any other public authority may supply to the Agency any services required by the Agency, including services of staff, for the performance of any of its functions under this Act on such terms and conditions as may be agreed.

Agreements between Agency and other public authorities.

45. —(1) Subject to section 25 (6), where—

(a) the Agency is of the opinion that any function or any service which may be exercised or performed by it should be exercised or performed on its behalf, whether generally or in a particular case, by a public authority, and

(b) the public authority is able and willing so to exercise or perform the function or service,

the Agency and the public authority may enter into an agreement that the function or service shall be so exercised or performed on behalf of the Agency by the public authority, and it shall thereupon become so exercisable or performable by the public authority.

(2) Where—

(a) consequent upon an agreement under subsection (1) a function or service becomes exercisable or performable by a public authority, and

(b) the Agency would, if it exercised or performed the function or service, be authorised by law to do any act or thing in relation to such exercise or performance,

the public authority shall be authorised to do that act or thing in relation to the exercise or performance by it of the function or service as if it were the Agency.

(3) The Agency shall furnish the Minister with a copy of an agreement to which this section applies.

(4) Any agreement under this section may contain such terms and conditions (including terms as to payment or otherwise) as may be decided between the parties to the agreement.

(5) Entry into an agreement under this section by a local authority shall be a reserved function.

(6) In this section—

local authority” has the meaning assigned to it by the Local Government Act, 1941 ;

reserved function” means—

(a) with respect to the council of a county (or an elective body for the purposes of the County Management Acts, 1940 to 1991) a reserved function for the purposes of the County Management Acts, 1940 to 1991,

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

Grants to Agency.

46. —The Minister may in each financial year, after consultation with the Agency in relation to its proposed work programme and expenditure for that year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Agency in the performance of its functions.

Borrowing by Agency.

47. —The Agency may, for the purposes of the performance of its functions, borrow money, but shall not do so without the consent of the Minister and the Minister for Finance.

Acceptance of gifts by Agency.

48. —(1) The Agency may accept gifts of money, land or other property upon such trusts or conditions (if any) as may be specified by the donor.

(2) The Agency shall not accept a gift if the trusts or conditions attached to it would be inconsistent with, or prejudice, the effective performance of its functions.

(3) The Agency shall publish in its annual report details of all gifts accepted by it during the period of the report.

Charges for services.

49. —(1) The Agency may determine charges or scales of charges in relation to the provision by it of services.

(2) The Agency may make such charges as it considers appropriate in accordance with the scales of charges provided for under subsection (1) in consideration of the provision by it of services.

(3) The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (2).

Accounts and audits.

50. —(1) The Agency shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance, directs and those accounts when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

Annual report and information to Minister.

51. —(1) As soon as may be after the end of each financial year, but not later than six months thereafter, the Agency shall cause a report on the performance of its functions during that year to be laid before each House of the Oireachtas.

(2) The Agency shall supply the Minister with such information relating to the performance of its functions as he shall from time to time request.