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Number 7 of 1992
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ENVIRONMENTAL PROTECTION AGENCY ACT, 1992
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ARRANGEMENT OF SECTIONS
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PART I
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Preliminary and General
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Section
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1.
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Short title.
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2.
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Commencement.
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3.
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Interpretation.
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4.
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Environmental protection, environmental pollution and environmental medium.
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5.
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Best available technology not entailing excessive costs.
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6.
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Regulations.
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7.
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Orders.
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8.
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Offences.
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9.
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Penalties.
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10.
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Payment of certain fines to Agency.
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11.
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Prosecution of offences.
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12.
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Cost of prosecutions.
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13.
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Powers of authorised person.
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14.
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Service of notices.
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15.
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Immunity of Agency.
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16.
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Indemnification of Director General, directors and other persons.
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17.
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Expenses of Minister.
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18.
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Amendment of Act of 1963 and Air Pollution Act, 1987.
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PART II
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Environmental Protection Agency
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19.
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Establishment of Environmental Protection Agency.
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20.
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Incorporation of Agency.
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21.
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Director General.
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22.
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Deputy Director General.
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23.
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General functions of Director General and Deputy Director General.
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24.
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Directors.
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25.
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Meetings and procedure of Agency.
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26.
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Agency's quorum, vacancies, etc.
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27.
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Advisory Committee.
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28.
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Functions of Advisory Committee.
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29.
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Staff of the Agency.
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30.
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Transfer of staff of public authorities.
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31.
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Conditions related to transfer of staff.
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32.
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Dissolution of An Foras Forbartha Teoranta.
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33.
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Superannuation of Director General and directors.
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34.
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Superannuation of staff of Agency.
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35.
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Membership of House of Oireachtas or European Parliament.
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36.
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Membership of a local authority.
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37.
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Declaration of interests.
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38.
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Disclosure of interests.
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39.
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Disclosure of confidential information.
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40.
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Prohibition of certain communications.
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41.
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Committees and consultative groups.
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42.
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Consultants and advisers.
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43.
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Establishment of regional environmental units.
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44.
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Provision of services to Agency.
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45.
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Agreements between Agency and other public authorities.
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46.
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Grants to Agency.
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47.
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Borrowing by Agency.
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48.
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Acceptance of gifts by Agency.
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49.
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Charges for services.
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50.
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Accounts and audits.
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51.
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Annual report and information to Minister.
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PART III
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Functions of the Agency
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52.
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Functions generally.
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53.
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Assignment of additional functions.
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54.
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Transfer of functions.
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55.
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Advisory functions in relation to Ministers of the Government.
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56.
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Advisory functions in relation to local authorities.
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57.
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Assistance to local authorities.
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58.
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Drinking water.
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59.
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Sewage or other effluents.
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60.
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Agency functions in relation to water or sewage treatment.
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61.
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Monitoring in relation to sanitary authorities' effluents.
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62.
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Landfill sites for waste disposal.
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63.
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Performance of statutory functions by local authorities.
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64.
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Hydrometric programme.
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65.
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Environmental monitoring programme.
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66.
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Establishment of an accreditation scheme.
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67.
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Access to monitoring results.
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68.
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Monitoring activities of public authorities.
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69.
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Environmental quality data storage system.
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70.
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State of the environment reports.
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71.
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Environmental research.
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72.
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Environmental impact assessment.
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73.
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Environmental approval.
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74.
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Environmental audit.
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75.
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Environmental quality objectives.
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76.
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Codes of practice.
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77.
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Evidence of code of practice.
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78.
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Labelling of products and services.
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79.
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General policy directives.
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80.
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Consultation by the Agency.
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81.
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Consultation with the Agency.
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PART IV
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Integrated Pollution Control
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82.
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Licences.
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83.
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Grant of licences.
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84.
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Conditions attached to a licence.
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85.
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Processing of applications for licences or reviews of licences.
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86.
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Oral hearing and written report.
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87.
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Regulations regarding licences.
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88.
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Review of licences.
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89.
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Register of licences.
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90.
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Limit on duration of licence.
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91.
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Change of ownership of activity.
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92.
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Alterations of activity.
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93.
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Charges in relation to emissions.
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94.
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Fees.
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95.
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Special cases.
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96.
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Monitoring of environmental quality and emissions.
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97.
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Discharges to sewers.
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98.
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Application of other Acts.
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99.
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Transitional arrangements.
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PART V
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General Pollution Control
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100.
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Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977.
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101.
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Extension to Agency of certain powers under Air Pollution Act, 1987.
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102.
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Management plans.
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103.
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Emission limit values and quality standards.
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104.
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Special reports and investigations.
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105.
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Inquiries.
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PART VI
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Miscellaneous
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106.
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Regulations for control of noise.
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107.
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Power of local authority or Agency to require measures to be taken to prevent or limit noise.
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108.
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Noise as a nuisance.
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109.
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Safety, Health and Welfare at Work Act, 1989.
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110.
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Access to information on the environment.
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111.
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Genetically modified organisms.
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112.
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Register kept in computer or other non-legible form and evidence of entries.
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113.
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Increase of certain penalties.
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FIRST SCHEDULE
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Activities to which Part IV applies
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SECOND SCHEDULE
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Enactments in respect of which Functions may be Transferred to the Agency
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THIRD SCHEDULE
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Amendment of Air Pollution Act, 1987
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Acts Referred to
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Air Pollution Act, 1987
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1987, No. 6
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Civil Service Regulation Act, 1956
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1956, No. 46
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Criminal Procedure Act, 1967
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1967, No. 12
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European Assembly Elections Act, 1977
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1977, No. 30
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European Assembly Elections Act, 1984
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1984, No. 6
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European Communities Act, 1972
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1972, No. 27
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Fisheries (Consolidation) Act, 1959
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1959, No. 14
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Harbours Act, 1946
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1946, No. 9
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Health Act, 1970
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1970, No. 1
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Holidays (Employees) Act, 1973
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1973, No. 25
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Local Authorities (Works) Act, 1949
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1949, No. 17
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Local Government Act, 1941
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1941, No. 23
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Local Government (Planning and Development) Act, 1963
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1963, No. 28
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Local Government (Planning and Development) Act, 1982
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1982, No. 21
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Local Government (Roads and Motorways) Act, 1974
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1974, No. 6
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Local Government (Sanitary Services) Act, 1948
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1948, No. 3
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Local Government (Sanitary Services) Act, 1962
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1962, No. 26
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Local Government (Sanitary Services) Act, 1964
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1964, No. 29
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Local Government (Water Pollution) Act, 1977
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1977, No. 1
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Local Government (Water Pollution) (Amendment) Act, 1990
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1990, No. 21
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Petty Sessions (Ireland) Act, 1851
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1851, c. 93
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Public Health (Ireland) Act, 1878
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1878, c. 52
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Safety, Health and Welfare at Work Act, 1989
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1989, No. 7
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The Dublin Corporation Waterworks Act, 1861
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1861, c. 172
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Unfair Dismissals Act, 1977
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1977, No. 10
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Waterworks Clauses Act, 1847
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1847, c. 17
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Waterworks Clauses Act, 1863
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1863, c. 93
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European Communities Regulations Referred to
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Number 7 of 1992
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ENVIRONMENTAL PROTECTION AGENCY ACT, 1992
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AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE PROTECTION OF THE ENVIRONMENT AND THE CONTROL OF POLLUTION, TO ESTABLISH AN ENVIRONMENTAL PROTECTION AGENCY, FOR THESE AND OTHER PURPOSES TO INCREASE CERTAIN EXISTING MONETARY PENALTIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [23rd April, 1992]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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PART I
Preliminary and General
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Short title.
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1.—This Act may be cited as the Environmental Protection Agency Act, 1992.
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Commencement.
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2.—(1) Part I (other than section 18 (1)), Part II (other than section 43 ), Part III , Part IV (other than section 93 ) and Part VI will come into operation on the passing of this Act.
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(2) The remaining provisions of this Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision or with reference to a particular area or areas, and different days may be so fixed for different purposes and different provisions of this Act and for different areas.
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Interpretation.
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3.—(1) In this Act, unless the context otherwise requires—
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“activity” means any process, development or operation specified in the First Schedule ;
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“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ;
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