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7 1992

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

PART IV

Integrated Pollution Control

Licences.

82. —(1) A person shall not carry on an activity, other than an established activity, on or after such day as may be prescribed unless a licence or revised licence under this Part is in force in relation to the activity.

(2) The Minister may, by order, provide that an established activity of any class specified in the order shall not be carried on, on or after such date as may be specified in the order, unless a licence or revised licence under this Part is in force in relation to the activity.

(3) Where an order under subsection (2) comes into operation, the carrying on of an established activity to which the order relates shall, in the period before a licence in relation to the activity is granted or refused, be deemed not to have contravened the provisions of this Part provided that, before the date specified in the order an application has been made for a licence in respect of that activity and the requirements of regulations made under section 87 in relation to the application for the licence have been complied with by the applicant therefor.

Grant of licences.

83. —(1) Where an application is made to the Agency in the prescribed manner for a licence under this Part it may, subject to section 94 and to compliance with any regulations under section 87 , grant the licence subject to, or without, conditions or refuse the application.

(2) In considering an application for a licence or the review of a licence or revised licence under this Part, the Agency shall have regard to—

(a) any relevant air quality management plan under section 46 of the Air Pollution Act, 1987 , or water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977 , or waste management plan,

(b) any relevant noise regulations under section 106 ,

(c) any special control area order under section 39 of the Air Pollution Act, 1987 , in operation in relation to the area concerned, and

(d) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution as it considers necessary.

(3) The Agency shall not grant a licence or revised licence for an activity unless it is satisfied that—

(a) any emissions from the activity will not result in the contravention of any relevant air quality standard specified under section 50 of the Air Pollution Act, 1987 , and will comply with any relevant emission limit value specified under section 51 of the Air Pollution Act, 1987 ,

(b) any emissions from the activity will comply with, or will not result in the contravention of, any relevant quality standard for waters, trade effluents and sewage effluents and standards in relation to treatment of such effluents prescribed under section 26 of the Local Government (Water Pollution) Act, 1977 ,

(c) any emissions from the activity or any premises, plant, methods, processes, operating procedures or other factors which affect such emissions will comply with, or will not result in the contravention of, any relevant standard including any standard for an environmental medium prescribed under regulations made under the European Communities Act, 1972 , or under any other enactment,

(d) any noise from the activity will comply with, or will not result in the contravention of, any regulations under section 106 ,

(e) any emissions from the activity will not cause significant environmental pollution, and

(f) the best available technology not entailing excessive costs will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity,

and, where appropriate, the Agency shall attach conditions relating to the matters specified in the foregoing paragraphs to the licence or revised licence.

(4) A person shall not be entitled solely by reason of a licence or revised licence under this Part to make, cause or permit an emission to any environmental medium.

(5) Where a licence or revised licence is required under this Part in respect of an activity—

(a) a licence under—

(i) Part III of the Air Pollution Act, 1987 ,

(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or

(iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or

(b) a permit under—

(i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or

(ii) the European Communities (Waste) Regulations, 1979,

shall not be granted in relation to such activity.

(6) Where a licence or revised licence has been granted under this Part in respect of an activity—

(a) a licence under—

(i) Part III of the Air Pollution Act, 1987 ,

(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or

(iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or

(b) a permit under—

(i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or

(ii) the European Communities (Waste) Regulations, 1979,

shall cease to have effect in relation to such activity.

(7) It shall be a good defence—

(a) to a prosecution for an offence under any enactment other than this Part, or

(b) to proceedings under—

(i) section 10 or 11 of the Local Government (Water Pollution) Act, 1977 ,

(ii) section 20 of the Local Government (Water Pollution) (Amendment) Act, 1990 , or

(iii) section 28 , 28A or 28B of the Air Pollution Act, 1987 ,

to prove that the act complained of is authorised by a licence or revised licence granted under this Part.

Conditions attached to a licence.

84. —(1) Without prejudice to the generality of section 83 (1), conditions attached to a licence or revised licence granted under this Part may—

(a) specify the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission,

(b) specify the periods during which an emission may, or may not, be made,

(c) specify limits to the effects of an emission,

(d) specify the concentration of a pollutant in an environmental medium or a deposition or discharge rate which shall not be exceeded,

(e) specify any matters relating to the design, construction, dimensions of pipes, chimneys, flues, stacks or other outlets through which an emission is to be made,

(f) specify the means (including the provision, operation, maintenance and supervision of plant and other facilities and the use of specified procedures or codes of practice) to be used for controlling an emission,

(g) specify requirements or limits in relation to the amount or composition of any substance produced by or utilised in the activity in any period,

(h) require the provision, operation and maintenance of meters,gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effects of emissions,

(i) require the taking and analysis of samples, the making of measurements, the keeping of records and the furnishing of information to the Agency or to any other person or body who may be specified, including confirmation by the licensee of compliance with the conditions attached to a licence or revised licence and indicating any breaches of such conditions,

(j) specify the measures to be taken if there is a breakdown of any plant or other equipment or procedures which may affect emissions from the activity concerned,

(k) specify the type of fuel to be, or not to be, used, as the case may be,

(l) specify the nature of any treatment to be applied to waste and the manner in which it shall be held or disposed of,

(m) specify measures to be taken after an emission, which is not in accordance with other conditions attached to the licence or revised licence, has taken place or after an activity ceases operation,

(n) require the making of payments to the Agency in relation to costs incurred in monitoring, or otherwise in relation to, emissions,

(o) require the payment to the Agency of a charge or charges prescribed under or calculated in accordance with section 93 ,

(p) require the payment to the sanitary authority concerned of a charge in relation to a discharge to a sewer as provided for under section 97 ,

(q) specify the latest date for complying with any conditions which are attached.

(2) It shall be an offence not to comply with any condition attached to a licence or revised licence.

(3) The Agency, or the sanitary authority, as the case may be, may recover the amount of any payment due to it arising from a condition attached to a licence or revised licence as a simple contract debt in any court of competent jurisdiction.

(4) Where a permission under Part IV of the Act of 1963 has been granted or an application has been made for such permission in relation to an activity, the Agency—

(a) shall consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under Part IV of the Act of 1963, and

(b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of pollution.

Processing of applications for licences or reviews of licences.

85. —(1) (a) Where an application is to be made to the Agency for a licence under section 83 the applicant shall notify the planning authority in whose functional area the activity is or will be situate and such other person (if any) as may be prescribed, and shall publish or give such notices as may be prescribed under section 87 .

(b) Where the Agency proposes to review a licence or revised licence under section 88 , it shall publish or give such notice as may be prescribed under section 87 , and shall notify in writing the licensee and the planning authority in whose functional area the activity is situate and such other person (if any) as may be prescribed, of its intention to review the licence or revised licence.

(2) Before making its decision under section 83 (1) on an application for a licence, or under section 88 (2) on the review of a licence or revised licence, the Agency shall notify—

(a) the planning authority in whose functional area the activity is or will be situate,

(b) the applicant or the licensee, as the case may be, and

(c) any person who made a written submission in relation to the application or the review,

indicating the manner in which it proposes to determine the application or the review and, where it is proposed to grant a licence or revised licence, specifying where a copy of the proposed licence or proposed revised licence may be obtained.

(3) A notification provided for under subsection (2) shall be given within two months of the date of the application for a licence under section 83 or the date of the publication of a notice under subsection (1) (b), as the case may be.

(4) The Agency shall, in relation to an application for a licence, or the review of a licence or revised licence—

(a) in case no objection is taken against the proposed determination as indicated under subsection (2), or

(b) in case an objection or objections is or are taken against the proposed determination as indicated under subsection (2) and the objection or objections is or are withdrawn,

make its decision in accordance with the proposed determination as indicated under subsection (2) and, where it is proposed to grant a licence or revised licence, grant the licence or revised licence as soon as may be after the expiration of the appropriate period.

(5) Any person may, subject to compliance with the requirements of any regulations under sections 87 and 94 at any time before the expiration of the appropriate period, object to the proposed determination as indicated under subsection (2), and shall include with the objection the grounds for the objection.

(6) Where an objection has been lodged, the Agency shall have an absolute discretion to hold an oral hearing and, if it so decides, the Agency shall notify, in writing, the applicant or, in the case of a review, the licensee, the planning authority in whose functional area the activity the subject of a licence application or review will be or is situate and all those from whom objections in compliance with subsection (5) were received.

(7) It shall be a duty of the Agency to ensure that a decision by it to hold an oral hearing, and a decision by it on the application for a licence or on the review of a licence or revised licence whether or not an oral hearing has been held, shall be given as expeditiously as may be and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the consideration of objections.

(8) A person shall not by any application for judicial review or in any other legal proceedings whatsoever question the validity of a decision of the Agency to grant or refuse a licence or revised licence unless the proceedings are instituted within the period of two months commencing on the date on which the decision is given.

(9) The provisions of this section shall not, to such extent as may be prescribed, apply to an application for a licence or to the review of a licence or revised licence to discharge to a sewer.

(10) In this section—

the appropriate period” means—

(a) in the case of the applicant or the licensee, the period of 28 days beginning on the day of the giving of the notification under subsection (2),

(b) in any other case, the period of 21 days beginning on the day of the giving of the notification under subsection (2).

Oral hearing and written report.

86. —(1) An oral hearing provided for in section 85 shall be conducted by a person appointed for that purpose by the Agency.

(2) The person appointed under subsection (1) shall make a written report on the hearing to the Agency and shall include in the report a recommendation relating to the grant or refusal of a licence or to the grant of a revised licence and, where appropriate, the conditions (if any) to be attached to the licence or revised licence.

(3) The Agency shall consider a report made under subsection (2) before making a decision on the application for a licence or on the review of a licence or revised licence.

(4) The Minister may make regulations in relation to the conduct of an oral hearing and the procedures at such a hearing.

Regulations regarding licences.

87. —(1) The Minister may make regulations in relation to applications for licences or for the review of licences or revised licences and the grant and review of licences or revised licences.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following—

(a) the form of application and of licence,

(b) the time within which an application for a licence shall be made relative to publication of a notice under section 85 (1) and relative to an application for a permission under Part IV of the Act of 1963,

(c) the publication by applicants, licensees or the Agency of such notices as may be specified,

(d) specifying the submissions, plans, documents and other information and particulars to be forwarded to the Agency or other specified person by applicants, licensees, objectors, or other persons within such periods as may be specified,

(e) requiring applicants, licensees, objectors or other persons to furnish to the Agency or any other specified person, within such period as may be specified, such additional information or particulars relating to applications or reviews as the Agency may request,

(f) extending the period within which a notification to which section 85 (3) refers shall be published—

(i) to two months from the date on which a request for additional information, particulars or evidence under paragraph (e) or (g) is complied with,

(ii) to any period with the consent of the applicant or licensee,

(g) requiring the production, within such period as may be specified, of evidence to verify any information and particulars given by an applicant, licensee, objector or other person,

(h) procedures to be followed by the Agency in the processing of applications or reviews, whether or not an oral hearing is held, and the times within which such procedures shall be carried out,

(i) the publishing of decisions on applications or reviews and the reasons therefor and of any specified documents or other information in relation thereto, or

(j) requiring an applicant or licensee to defray or contribute towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to an application or review.

(3) (a) A person who in relation to an application for a licence, or to a review of a licence or revised licence, under this Part, makes a statement in writing which to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

(b) Where a person is convicted of an offence under this subsection, any licence or revised licence granted to that person, or to some other person on whose behalf the convicted person was authorised to act, consequent on the application or review in relation to which the information was furnished, shall stand revoked from the date of the conviction.

(4) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying the European Communities (Environmental Impact Assessment) Regulations, 1989, and the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988) as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the first mentioned regulations.

(5) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

Review of licences.

88. —(1) The Agency may review a licence or revised licence granted under this Part at any time with the consent or on the application of the licensee, or at a time not less than three years from the date on which the licence or revised licence was granted.

(2) As soon as may be after it has completed a review under this section, the Agency may grant a revised licence in substitution for the licence reviewed.

(3) Without prejudice to subsection (1), a licence or revised licence may be reviewed by the Agency if—

(a) the Agency considers that any emission from the activity to which the licence or revised licence relates constitutes a significant risk of environmental pollution,

(b) there has been a material change in the nature or the extent of an emission,

(c) there has been a material change, which could not have reasonably been foreseen when the licence or revised licence was granted, in the condition of the environment in the area in which the activity to which the licence or revised licence relates is situate, or

(d) evidence, which was not available when the licence or revised licence was granted, has become available, or new standards relating to the contents or nature of the emission concerned or the effects of the emission on the environment or the means for the better control of the emissions are prescribed.

(4) If—

(a) a special control area order under section 39 of the Air Pollution Act, 1987 , affecting any emission from the activity to which the licence relates comes into operation in relation to the area in which the activity is situate,

(b) an air quality standard is specified in regulations made under section 50 of the Air Pollution Act, 1987 , in relation to any emission from the activity to which the licence relates,

(c) a relevant emission limit value is specified in regulations under section 51 of the Air Pollution Act, 1987 , in relation to any emission from the activity to which the licence relates,

(d) regulations under section 26 of the Local Government (Water Pollution) Act, 1977 , relate to an effluent the discharge of which is authorised by such a licence or to the waters to which such effluent is discharged,

(e) a relevant standard is prescribed under regulations made under the European Communities Act, 1972 , or any other enactment, or

(f) relevant regulations under section 106 are made in relation to any noise emissions from the activity to which the licence relates,

the Agency shall, where necessary, and as soon as may be after the regulations are made, the order comes into operation or the directions are given, as the case may be, review the licence or revised licence.

(5) In the review of a licence or revised licence under this section the Agency shall have regard to—

(a) any change in environmental quality in the area in which the activity to which the licence or revised licence relates is situate, and

(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution,

since the licence or revised licence was granted or last reviewed.

Register of licences.

89. —(1) The Agency shall, as soon as may be after the coming into operation of this Part, establish and maintain a register (in this Act referred to as the “register of licences”) for the purposes of this Part and shall make therein all such entries and additions as may, from time to time, be prescribed.

(2) The register of licences shall be kept at the offices of the Agency and shall be made available for inspection by any person free of charge during office hours.

(3) When a request is made to the Agency for a copy of an entry in the register of licences, the copy shall be issued to the person requesting it on the payment by him to the Agency of such fee (if any) as the Agency shall fix not exceeding the reasonable cost of making the copy.

(4) Every document purporting to be a copy of an entry in the register of licences and purporting to be certified by an officer of the Agency to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, unless the contrary is shown, be deemed to be a true copy of the entry and be evidence of the terms of the entry.

(5) Evidence of an entry in the register of licences may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register of licences itself.

(6) Every entry in the register of licences relating to an activity in the functional area of a planning authority shall be notified to that planning authority by the Agency as soon as may be and the planning authority shall maintain a copy of these notifications in a register which shall be made available for inspection by any person free of charge during office hours.

Limit on duration of licence.

90. —(1) Subject to subsection (2), where an activity to which a licence or revised licence under this Part relates—

(a) has not commenced within three years after the date on which the licence or revised licence was granted, or

(b) has ceased for a period of not less than three years,

the licence or revised licence shall cease to have effect.

(2) Without prejudice to subsection (1), the Agency may, having regard to the nature of the works and arrangements necessary in connection with the activity and any other relevant consideration—

(a) specify a period being a period of more than three years during which the licence or revised licence is to have effect,

(b) on an application which complies with the requirements (if any) which may be prescribed, extend the period so specified.

Change of ownership of activity.

91. —(1) Where a licence or revised licence is granted under this Part, the grant of the licence or revised licence shall, except as may be otherwise provided by the licence or revised licence, enure for the benefit of the activity and of all persons for the time being interested therein.

(2) Where a licensee ceases to hold, or transfers to another person, his interest in the activity to which the licence or revised licence relates, he shall forthwith give notice to that effect to the Agency, specifying, in the case of the transfer of his interest, the name of the person to whom his interest in the activity has been transferred.

Alterations of activity.

92. —(1) The person in charge of—

(a) an activity in respect of which a licence or revised licence is in force or required under this Part, or

(b) an established activity which for the time being is not required to be licensed under this Act,

shall give notice in writing to the Agency if he proposes to effect any alteration to, or reconstruction in respect of, the activity and such alteration or reconstruction would, or is likely to, materially change or increase emissions from the activity or cause new emissions therefrom.

(2) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration or reconstruction referred to in subsection (1), the Agency, notwithstanding any other provision of this Act, may—

(a) if there is a licence or revised licence in force in respect of the activity concerned, either review that licence under section 88 or direct the person in charge to apply for a new licence in substitution for that licence, or

(b) if there is no such licence in force, direct the person in charge to apply for a licence,

and the person in charge shall not effect the alteration or reconstruction until the review has been completed or the new licence or licence, as the case may be, has been granted.

(3) Where the Agency decides pursuant to subsection (2) to review a licence or revised licence or to direct a person to apply for a new licence or, as the case may be, a licence, the Agency shall, within one month of the receipt by it of the notice under this section, or the date on which the Agency otherwise becomes aware of the matters referred to at subsection (1) inform the person accordingly and if such person is not so informed subsection (2) shall cease to have effect in relation to the alteration or reconstruction specified in the notice or of which the Agency otherwise became aware.

Charges in relation to emissions.

93. —(1) The Agency may, in accordance with regulations made by the Minister, subject to the consent of the Minister for Finance and the Minister for Industry and Commerce, under this section, make charges in relation to such emissions to the environment from such activities as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters—

(a) specify the emissions in relation to which a charge under this section may be imposed,

(b) specify the manner in which such a charge is to be imposed,

(c) specify the method by which the amount of such charge is to be calculated,

(d) enable the Agency to make different charges under this section in respect of different emissions and in different circumstances,

(e) specify the manner in which representations may be made to the Agency regarding the imposition of a charge under this section and provide for the procedures to be followed in respect of such representations,

(f) provide for the amendment, revocation or review of charges imposed under this section.

(3) The Agency may recover the amount of any charges made by it under this section from the person by whom they are payable as a simple contract debt in any court of competent jurisdiction.

Fees.

94. —(1) The Minister may make regulations providing for the payment to the Agency, or such other public authority or other body as may be specified, of fees in relation to—

(a) licences under section 83 or reviews of licences under section 88 ,

(b) the operation of an accreditation scheme or an analytical quality control programme under section 66 ,

(c) the operation of a labelling scheme under section 78 ,

(d) the operation of a system of control for the prevention or limitation of noise under section 106 , or

(e) the operation of a system of control over genetically modified organisms under section 111 ,

and the regulations may provide for different fees or for exemption from the payment of fees or for the waiver, remission or refund (in whole or in part) of fees in different circumstances or classes of circumstances or for different cases or classes of cases and for the manner in which fees are to be disposed of.

(2) Where under regulations under this section a fee is payable in respect of any application or matter, the application or matter shall be invalid and shall not be decided or otherwise dealt with, as may be appropriate, by the Agency or such other public authority or other body as may be concerned unless the Agency or other public authority or other body, as the case may be, is in receipt of the fee.

(3) Regulations under subsection (1) (a) shall be subject to the consent of the Minister for Finance and the Minister for Industry and Commerce.

Special cases.

95. —(1) The Minister may, by order, require that any process, development or operation not specified in the First Schedule shall be licensable by the Agency under this Part in lieu of being the subject of—

(a) a licence under—

(i) Part III of the Air Pollution Act, 1987 ,

(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or

(iii) section 171 of the Fisheries (Consolidation) Act, 1959 ,

or

(b) a permit under—

(i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or

(ii) the European Communities (Waste) Regulations, 1979,

and in such case the provisions of this Act shall apply in relation to the process, development or operation concerned as if it were an activity for so long as the relevant order remains in force.

(2) Without prejudice to the generality of subsection (1), an order may be made—

(a) because of the location of the process, development or operation, or the quality of the environment in the area in which the process, development or operation will be carried out,

(b) because, at the time of the enactment of this Act or the most recent amendment of the First Schedule , no such process, development or operation existed in the State, or

(c) evidence related to any impact on the environment of such process, development or operation which was not available has become available.

Monitoring of environmental quality and emissions.

96. —(1) The Agency shall, in relation to an activity, carry out, cause to be carried out, or arrange for, such monitoring of—

(a) environmental quality, and

(b) the nature, extent and effects of emissions to the environment,

as the Agency may consider necessary for the performance of its functions under this Part.

(2) The Agency may, as it considers necessary, require the person in charge of an activity from which there is an emission to the environment to carry out such monitoring of the nature, extent and effect of the emission and of the quality of any environmental medium likely to be affected by such emission, and to keep and to supply to the Agency such records of the monitoring as the Agency considers necessary.

(3) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring or other measures as it considers necessary to verify the monitoring or records of such monitoring provided for under subsection (2).

(4) The Agency shall require the making of such measurements, calculations or estimates, and the keeping of such records, as may be prescribed in relation to emissions of prescribed substances by such activities as may be prescribed and shall make such records available or cause such records to be made available for inspection by the public at all reasonable times and publish or cause to be published such records.

(5) The Agency shall, if so directed by the Minister, supply to him or to any person specified by him, at such intervals and in such manner as the Minister may direct, records of any monitoring carried out under this section.

Discharges to sewers.

97. —(1) Where the Agency proposes to grant a licence (including a revised licence) which involves a discharge of any trade effluent or other matter (other than domestic sewage or storm water) to a sewer, it shall obtain the consent of the sanitary authority in which the sewer is vested or by which it is controlled.

(2) A sanitary authority may consent to a discharge under subsection (1) subject to such conditions as it considers appropriate and the Agency shall include such conditions or stricter conditions in the licence or revised licence.

(3) Without prejudice to the generality of subsection (2), conditions attached to a consent by a sanitary authority under this section may—

(a) relate to—

(i) the nature, composition, temperature, volume, level, rate, method of treatment and location of a discharge and the period during which a discharge may, or may not, be made,

(ii) the provision, operation, maintenance and supervision of meters, gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effect of emissions,

(iii) the taking and analysis of samples, the keeping of records and furnishing of information to the sanitary authority,

(b) provide for the payment by the licensee to the sanitary authority concerned of such amount or amounts as may be determined by the sanitary authority having regard to the expenditure incurred or to be incurred by it in monitoring, treating and disposing of discharges of trade effluent, sewage effluent and other matter to sewers in its functional area or a specified part of its functional area,

(c) specify a date not later than which any conditions shall be complied with.

(4) A sanitary authority may request the Agency to review a licence or revised licence to which this section relates—

(a) at intervals of not less than three years from the date of the licence or the last review of the licence,

(b) at any time with the consent, or on the application, of the person making, causing or permitting the discharge, or

(c) at any time if—

(i) the sanitary authority has reasonable grounds for believing that the discharge authorised by the licence or revised licence is, or is likely to be, injurious to public health or is likely to render the waters to which the sewer concerned discharges unfit for use for domestic, commercial, industrial, fishery (including fish-farming), agricultural or recreational uses or is, or is likely to be otherwise, a serious risk to the quality of the waters,

(ii) there has been a material change in the nature or volume of the discharge,

(iii) there has been a material change in relation to the waters to which the sewer concerned discharges, or

(iv) further information has become available since the date of the grant of the licence or revised licence relating to polluting matter present in the discharge concerned or relating to the effects of such matter,

and the Agency shall consider and may comply with such request and shall have regard to any submission on the matter received from the sanitary authority.

Application of other Acts.

98. —(1) Notwithstanding section 26 of the Act of 1963, or any other provision of the Local Government (Planning and Development) Acts, 1963 to 1991, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, in respect of any development comprising or for the purposes of the activity—

(a) decide to refuse a permission or an approval under Part IV of the Act of 1963 for the reason that the development would cause environmental pollution, or

(b) decide to grant such permission subject to conditions which are for the purposes of the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity,

and, accordingly—

(i) a planning authority in dealing with an application for a permission or for an approval for any such development shall not consider any matters relating to the risk of environmental pollution from the activity;

(ii) An Bord Pleanála shall not consider any appeal made to it against a decision of a planning authority in respect of such an application, or any submissions or observations made to it in relation to any such appeal, so far as the appeal, or the submissions or observations, as the case may be, relates or relate to the risk of environmental pollution from the activity.

(2) Notwithstanding the provisions of the Minerals Development Acts, 1940 to 1979, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a lease granted by the Minister for Energy under the said Acts in respect of the same activity shall not contain conditions which are for the purpose of the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity.

(3) Without prejudice to subsections (1) and (2), where a licence or revised licence under this Part is granted in relation to an activity and—

(a) a permission under Part IV of the Act of 1963, or

(b) a lease under the Minerals Development Acts, 1940 to 1979,

has been granted in respect of the same activity, any conditions attached to that permission or contained in that lease, as the case may be, shall, so far as they are for the purposes of the prevention, limitation, elimination, abatement or reduction of environmental pollution, cease to have effect.

(4) The grant of a permission or lease under any of the Acts referred to in subsections (1) and (2) in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such activity.

Transitional arrangements.

99. —(1) Where the Agency proposes to grant a licence or revised licence in respect of an established activity for which—

(a) a licence has been granted under—

(i) Part III of the Air Pollution Act, 1987 ,

(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or

(iii) section 171 of the Fisheries (Consolidation) Act, 1959 ,

or

(b) a permit has been issued under—

(i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982, or

(ii) the European Communities (Waste) Regulations, 1979,

the Agency shall, if the licence or revised licence under this Part is being granted during the period of three years from the grant of a licence under paragraph (a) or the issue of a permit under paragraph (b), have regard to the conditions (if any) attached to such licence or permit and the costs in relation to the activity which would be incurred if different conditions were attached to the licence or revised licence to be granted by the Agency.

(2) On and after the commencement of this section the Agency shall ensure that an activity for which a licence is required under this Part is carried on in accordance with the enactments mentioned in subsection (1) until a licence under this Part is granted in respect of the activity and any reference to a local authority, sanitary authority or the Minister for the Marine in any licence or permit or any conditions attached to a licence or permit issued under the above-mentioned enactments in relation to such activity shall be deemed to be a reference to the Agency.

(3) The Minister may, for the purposes of subsection (2), make regulations providing that any provision of the enactments mentioned in subsection (1) as are specified in the regulations shall, to such extent as may be so specified, be exercisable by the Agency in lieu of the local authority, sanitary authority or the Minister for the Marine in relation to the activities concerned.

(4) Where, immediately before the commencement of section 82 , there is an application for a licence or permit, or a review of a licence or permit, to which subsection (1) relates in respect of an activity for which a licence under that section is required, and the application or review has yet to be determined, the application or review shall be dealt with and decided under this Part by the Agency as if it were an application to the Agency for a licence, or a review by the Agency of a licence, under this Part and the local authority or sanitary authority or the Minister for the Marine, as the case may be, shall furnish the Agency, within a period of one month from the commencement of section 82 or fourteen days from the date of a request from the Agency for any documents or information, whichever shall be the later, with all such documents and information in its or his possession as it may require for this purpose.

(5) The day or the last of the days, as may be appropriate, on which all the documents and information referred to in subsection (4) are furnished to the Agency in accordance with that subsection by the local authority, sanitary authority or the Minister for the Marine, as the case may be, shall, in relation to an application for a licence or permit, be deemed to be the date of an application for a licence under this Part.

(6) Notwithstanding the provisions of this section, this Part shall not apply to an activity where an appeal to An Bord Pleanála under section 34 of the Air Pollution Act, 1987 , or section 8 or 20 of the Local Government (Water Pollution) Act, 1977 , as inserted by the Local Government (Water Pollution) (Amendment) Act, 1990 , has been or may still be made, until the time for making the appeal has expired or the appeal has been determined or withdrawn and the licence (if any) issued, as the case may be.