Environmental Protection Agency (Extension of Powers) Order, 1994

• Jurisdiction: Ireland
• Citation: IR SI 206/1994
• Year: 1994

S.I. No. 206 of 1994.

ENVIRONMENTAL PROTECTION AGENCY (EXTENSION OF POWERS) ORDER, 1994.

In exercise of the powers conferred on the Minister for the Environment by sections 7 , 100 and 101 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), and after a draft of the Order having been laid before each House of the Oireachtas and having been approved by resolution of each such House, I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby order as follows: 1. This Order may be cited as the Environmental Protection Agency (Extension of Powers) Order, 1994. 2. This Order shall come into operation on the 1st day of August, 1994. 3. (1) In this Order, any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of this Order.

(2) In this Order—

"the Act" means the Environmental Protection Agency Act, 1992 ;

"the Act of 1977" means the Local Government (Water Pollution) Act, 1977 (No. 1 of 1977 );

"the Act of 1987" means the Air Pollution Act, 1987 (No. 6 of 1987);

"the Act of 1990" means the Local Government (Water Pollution) (Amendment) Act, 1990 (No. 21 of 1990). 4. The provisions of the Act of 1977, of that Act as amended by the Act of 1990, and of the Act of 1990, which are specified in the Table hereunder as modified by this Order

shall apply to the Agency in lieu of the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.

TABLE

Local Government (Water Pollution) Act, 1977

Section Provision 22 The whole section. 32 The whole section. Local Government (Water Pollution) Act, 1977 as amended by the Local Government (Water Pollution) (Amendment) Act, 1990 Section Provision 3 The whole section. 10 The whole section. 11 The whole section. 12 The whole section. 16 Subsections (7), (8), (13), (14) and (15). 23 The whole section. 28 The whole section. Local Government (Water Pollution) (Amendment) Act, 1990 Section Provision 26 The whole section. 27 The whole section. 28 The whole section. 5. For the purposes of article 4, a function conferred on a local authority or sanitary authority, or anything required to be done in relation to a local authority or sanitary authority, as the case may be, under any of the provisions of the Act of 1977, of that Act as amended by the Act of 1990 and of the Act of 1990 which are specified in that article shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority or sanitary authority. 6. (1) For the purposes of articles 4 and 5, for references to "local authority" or "sanitary authority" in any of the provisions therein referred to (other than section 10 (8) (f) of the Act of 1977), there shall be substituted the following—

"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force and, in any other case, a local authority, or sanitary authority, as the case may be",

and cognate words shall be construed accordingly.

(2) For the purposes of articles 4 and 5, the provisions of the Act of 1977 and the Act of 1990 which are specified in the said articles shall apply as modified in the manner set out in the First Schedule. 7. Section 14 of the Act of 1977 as modified by this Order shall apply to the Agency in addition to the local authority or sanitary authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of water pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force. 8. For the purposes of article 7—

( a ) anything required to be done in relation to the local authority or sanitary authority under section 14 of the Act of 1977 shall be done to the Agency in addition to the local authority or sanitary authority, as the case may be, and

( b ) a prosecution for an offence under section 14 of the Act of 1977 may be taken by the local authority, sanitary authority or the Agency. 9. For the purposes of articles 7 and 8, section 14 of the Act of 1977 shall apply as modified in the manner set out in the First Schedule. 10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.

TABLE

Air Pollution Act, 1987

Section Provision or Qualification 7 Subsection (1)...