Environmental Protection Agency (Licensing Fees) Regulations 2013

JurisdictionIreland
CitationIR SI 284/2013
Year2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd August, 2013.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 6 and section 99A of the Environmental Protection Agency Act 1992 (No. 7 of 1992) (inserted by section 15 of the Protection of the Environment Act 2003 (No. 27 of 2003)), and with the consent of the Minister for Public Expenditure and Reform (and the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 )) and the Minister for Jobs, Enterprise, and Innovation (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Environmental Protection Agency (Licensing Fees) Regulations 2013.

Interpretation

2. In these Regulations:

“the Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“the Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);

“the Act of 2003” means the Protection of the Environment Act 2003 (No. 27 of 2003);

“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;

“applicant” means an applicant for a licence or a review of a licence;

“application for a licence” means an application for a licence under section 83 of the Act of 1992 or by a licensee under section 90(1)(b) for a review of a licence or revised licence;

“licence” means a licence under section 82 of the Act of 1992;

“objection” means an objection under section 87 of the Act of 1992;

“review” means a review of a licence or revised licence under section 90 of the Act of 1992;

“revised licence” means a revised licence under section 90 of the Act of 1992.

Fee for application for a licence

3. (1) A fee shall be paid to the Agency by an applicant in respect of an application for a licence for an industrial emissions directive activity specified in paragraph 11.2, 11.3, 11.4, 11.5, 11.6 or 11.7 of the First Schedule to the Act of 1992.

(2) Subject to paragraph (3), the fee payable under paragraph (1) shall be the amount, as appropriate, indicated in column (2) of Part I of the Schedule opposite the relevant activity or class of activity in column (1) of Part I of the Schedule.

(3) Where a class of activity is identified more than once in column (1) of Part I of the Schedule, the fee payable under paragraph (1) shall be the highest of the fees specified in column (2) of Part I of the Schedule opposite the class of activity so identified in column (1) of the Schedule.

Fee for application for a review of a licence or revised licence

4. (1) A fee shall be paid to the Agency by a licensee in respect of an application for a review of a licence or revised licence under section 90(1)(b) of the Act of 1992 for an industrial emissions directive activity specified in paragraph 11.2, 11.3, 11.4, 11.5, 11.6 or 11.7 of the First Schedule to the Act of 1992.

(2) Subject to paragraph (3), the fee payable under paragraph (1) shall be the amount, as appropriate, indicated in column (3) of Part I of the Schedule opposite the relevant activity or class of activity in column (1) of Part I of the Schedule.

(3) Where a class of activity is identified more than once in column (1) of Part I of the Schedule, the fee payable under paragraph (1) shall be the highest of the fees specified in column (3) of Part I of the Schedule opposite the class of activity so identified in column (1) of the Schedule.

Fee for application for the transfer of a licence or revised licence

5. (1) A fee shall be paid to the Agency by a licensee in respect of an application under section 94 of the Act of 1992 for the transfer of a licence or revised licence.

(2) The fee payable under paragraph (1) shall be €2,000.

Fee for application for the surrender of a licence or revised licence

6. (1) A fee shall be paid to the Agency by the licensee in respect of an application under section 95 of the Act of 1992 for the surrender of a licence or revised licence.

(2) The fee payable under paragraph (1) shall be the amount, as appropriate, indicated in column (3) of Part I of the Schedule opposite the relevant activity or class of activity in column (1) of Part I of the Schedule.

Fee for an objection

7. (1) A fee shall be paid to the Agency in respect of an objection.

(2) Subject to paragraph (3), the fee payable under paragraph (1) shall be the amount indicated in column (3) of Part II of the Schedule opposite the appropriate mention of objection in column (2) of the said Part of the Schedule.

(3) Where an objection is made to the Agency by—

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