IE
ENVIRONMENTAL PROTECTION AGENCY ACT, 1992
Statutory Text (3 Articles)
FIRST SCHEDULE Activities to which Part IV applies
Activities to which Part IV applies
Sections 3 and 82.
1.
1.
Minerals and Other Materials
Minerals and Other Materials
1.1
1.1
The extraction, production and processing of raw asbestos.
The extraction, production and processing of raw asbestos.
1.2
1.2
The extraction of aluminium oxide from an ore.
The extraction of aluminium oxide from an ore.
1.3
1.3
The extraction and processing (including size reduction, grading and heating) of minerals within the meaning of the Minerals Development Acts, 1940 to 1979, and storage of related mineral waste.
The extraction and processing (including size reduction, grading and heating) of minerals within the meaning of the Minerals Development Acts, 1940 to 1979, and storage of related mineral waste.
1.4
1.4
The extraction of peat in the course of business which involves an area exceeding 50 hectares.
The extraction of peat in the course of business which involves an area exceeding 50 hectares.
2.
2.
Energy
Energy
2.1
2.1
The production of energy in combustion plant the rated thermal input of which is equal to or greater than 50MW other than any such plant which makes direct use of the products of combustion in a manufacturing process.
The production of energy in combustion plant the rated thermal input of which is equal to or greater than 50MW other than any such plant which makes direct use of the products of combustion in a manufacturing process.
2.2
2.2
The burning of any fuel in a boiler or furnace with a nominal heat output exceeding 50MW.
The burning of any fuel in a boiler or furnace with a nominal heat output exceeding 50MW.
3.
3.
Metals
Metals
3.1
3.1
The initial melting or production of iron or steel.
The initial melting or production of iron or steel.
3.2
3.2
The processing of iron and steel in forges, drawing plants and rolling mills where the production area exceeds 500 square metres.
The processing of iron and steel in forges, drawing plants and rolling mills where the production area exceeds 500 square metres.
3.3
3.3
The production, recovery, processing or use of ferrous metals in foundries having melting installations with a total capacity exceeding 5 tonnes.
The production, recovery, processing or use of ferrous metals in foundries having melting installations with a total capacity exceeding 5 tonnes.
3.4
3.4
The production, recovery or processing of non-ferrous metals, their compounds or other alloys including antimony, arsenic, beryllium, chromium, lead, magnesium, manganese, phosphorus, selenium, cadmium or mercury, by thermal, chemical or electrolytic means in installations with a batch capacity exceeding 0.5 tonnes.
The production, recovery or processing of non-ferrous metals, their compounds or other alloys including antimony, arsenic, beryllium, chromium, lead, magnesium, manganese, phosphorus, selenium, cadmium or mercury, by thermal, chemical or electrolytic means in installations with a batch capacity exceeding 0.5 tonnes.
3.5
3.5
The reaction of aluminium or its alloys with chlorine or its compounds.
The reaction of aluminium or its alloys with chlorine or its compounds.
3.6
3.6
The roasting, sintering or calcining of metallic ores in plants with a capacity exceeding 1,000 tonnes per year.
The roasting, sintering or calcining of metallic ores in plants with a capacity exceeding 1,000 tonnes per year.
3.7
3.7
Swaging by explosives where the production area exceeds 100 square metres.
Swaging by explosives where the production area exceeds 100 square metres.
3.8
3.8
The pressing, drawing and stamping of large castings where the production area exceeds 500 square metres.
The pressing, drawing and stamping of large castings where the production area exceeds 500 square metres.
3.9
3.9
Boilermaking and the manufacture of reservoirs, tanks and other sheet metal containers where the production area exceeds 500 square metres.
Boilermaking and the manufacture of reservoirs, tanks and other sheet metal containers where the production area exceeds 500 square metres.
4.
4.
Mineral Fibres and Glass
Mineral Fibres and Glass
4.1
4.1
The processing of asbestos and the manufacture and processing of asbestos-based products.
The processing of asbestos and the manufacture and processing of asbestos-based products.
4.2
4.2
The manufacture of glass fibre or mineral fibre.
The manufacture of glass fibre or mineral fibre.
4.3
4.3
The production of glass (ordinary and special) in plants with a capacity exceeding 5,000 tonnes per year.
The production of glass (ordinary and special) in plants with a capacity exceeding 5,000 tonnes per year.
4.4
4.4
The production of industrial diamonds.
The production of industrial diamonds.
5.
5.
Chemicals
Chemicals
5.1
5.1
The manufacture of chemicals in an integrated chemical installation.
The manufacture of chemicals in an integrated chemical installation.
5.2
5.2
The manufacture of olefins and their derivatives or of monomers and polymers, including styrene and vinyl chloride.
The manufacture of olefins and their derivatives or of monomers and polymers, including styrene and vinyl chloride.
5.3
5.3
The manufacture, by way of chemical reaction processes, of organic or organo-metallic chemical products other than those specified at 5.2.
The manufacture, by way of chemical reaction processes, of organic or organo-metallic chemical products other than those specified at 5.2.
5.4
5.4
The manufacture of inorganic chemicals.
The manufacture of inorganic chemicals.
5.5
5.5
The manufacture of artificial fertilizers.
The manufacture of artificial fertilizers.
5.6
5.6
The manufacture of pesticides, pharmaceutical or veterinary products and their intermediates.
The manufacture of pesticides, pharmaceutical or veterinary products and their intermediates.
5.7
5.7
The manufacture of paints, varnishes, resins, inks, dyes, pigments or elastomers where the production capacity exceeds 1,000 litres per week.
The manufacture of paints, varnishes, resins, inks, dyes, pigments or elastomers where the production capacity exceeds 1,000 litres per week.
5.8
5.8
The formulation of pesticides.
The formulation of pesticides.
5.9
5.9
The chemical manufacture of glues, bonding agents and adhesives.
The chemical manufacture of glues, bonding agents and adhesives.
5.10
5.10
The manufacture of vitamins involving the use of heavy metals.
The manufacture of vitamins involving the use of heavy metals.
5.11
5.11
The storage, in quantities exceeding the values shown, of any one or more of the following chemicals (other than as part of any other activity)—
The storage, in quantities exceeding the values shown, of any one or more of the following chemicals (other than as part of any other activity)—
methyl acrylate (20 tonnes); acrylonitrile (20 tonnes); toluene di-isocyanate (20 tonnes); anhydrous ammonia (100 tonnes); anhydrous hydrogen fluoride (1 tonne).
methyl acrylate (20 tonnes); acrylonitrile (20 tonnes); toluene di-isocyanate (20 tonnes); anhydrous ammonia (100 tonnes); anhydrous hydrogen fluoride (1 tonne).
6.
6.
Intensive Agriculture
Intensive Agriculture
6.1
6.1
The rearing of poultry in installations, whether within the same complex or within 100 metres of that complex, where the capacity exceeds 100,000 units and where units have the following equivalents—
The rearing of poultry in installations, whether within the same complex or within 100 metres of that complex, where the capacity exceeds 100,000 units and where units have the following equivalents—
1 broiler 1 unit,
1 broiler 1 unit,
1 layer, turkey or other fowl 2 units.
1 layer, turkey or other fowl 2 units.
6.2
6.2
The rearing of pigs in installations, whether within the same complex or within 100 metres of that complex, where the capacity exceeds 1,000 units on gley soils or 3,000 units on other soils and where units have the following equivalents—
The rearing of pigs in installations, whether within the same complex or within 100 metres of that complex, where the capacity exceeds 1,000 units on gley soils or 3,000 units on other soils and where units have the following equivalents—
1 pig 1 unit,
1 pig 1 unit,
1 sow 10 units.
1 sow 10 units.
7.
7.
Food and Drink
Food and Drink
7.1
7.1
The manufacture of vegetable and animal oils and fats where the capacity for processing raw materials exceeds 40 tonnes per day.
The manufacture of vegetable and animal oils and fats where the capacity for processing raw materials exceeds 40 tonnes per day.
7.2
7.2
The manufacture of dairy products where the processing capacity exceeds 50 million gallons of milk equivalent per year.
The manufacture of dairy products where the processing capacity exceeds 50 million gallons of milk equivalent per year.
7.3
7.3
Commercial brewing and distilling, and malting in installations where the production capacity exceeds 100,000 tonnes per year.
Commercial brewing and distilling, and malting in installations where the production capacity exceeds 100,000 tonnes per year.
7.4
7.4
The slaughter of animals in installations where the daily capacity exceeds 1,500 units and where units have the following equivalents—
The slaughter of animals in installations where the daily capacity exceeds 1,500 units and where units have the following equivalents—
1 sheep 1 unit, 1 pig 2 units, 1 head of cattle 5 units.
1 sheep 1 unit,
1 pig 2 units,
1 head of cattle 5 units.
7.5
7.5
The manufacture of fish-meal and fish-oil.
The manufacture of fish-meal and fish-oil.
7.6
7.6
The manufacture of sugar.
The manufacture of sugar.
7.7
7.7
The rendering of animal by-products.
The rendering of animal by-products.
8.
8.
Wood, Paper, Textiles and Leather
Wood, Paper, Textiles and Leather
8.1
8.1
The manufacture of paper pulp, paper or board (including fibre-board, particle board and plywood) in installations with a production capacity equal to or exceeding 25,000 tonnes of product per year.
The manufacture of paper pulp, paper or board (including fibre-board, particle board and plywood) in installations with a production capacity equal to or exceeding 25,000 tonnes of product per year.
8.2
8.2
The manufacture of bleached pulp.
The manufacture of bleached pulp.
8.3
8.3
The treatment or protection of wood, involving the use of preservatives, with a capacity exceeding 10 tonnes per day.
The treatment or protection of wood, involving the use of preservatives, with a capacity exceeding 10 tonnes per day.
8.4
8.4
The manufacture of synthetic fibres.
The manufacture of synthetic fibres.
8.5
8.5
The dyeing, treatment or finishing (including moth-proofing and fireproofing) of fibres or textiles (including carpet) where the capacity exceeds 1 tonne per day of fibre, yarn or textile material.
The dyeing, treatment or finishing (including moth-proofing and fireproofing) of fibres or textiles (including carpet) where the capacity exceeds 1 tonne per day of fibre, yarn or textile material.
8.6
8.6
The fell-mongering of hides and tanning of leather in installations where the capacity exceeds 100 skins per day.
The fell-mongering of hides and tanning of leather in installations where the capacity exceeds 100 skins per day.
9.
9.
Fossil Fuels
Fossil Fuels
9.1
9.1
The extraction, other than offshore extraction, of petroleum, natural gas, coal or bituminous shale.
The extraction, other than offshore extraction, of petroleum, natural gas, coal or bituminous shale.
9.2
9.2
The handling or storage of crude petroleum.
The handling or storage of crude petroleum.
9.3
9.3
The refining of petroleum or gas.
The refining of petroleum or gas.
9.4
9.4
The pyrolysis, carbonisation, gasification, liquefaction, dry distillation, partial oxidation or heat treatment of coal, lignite, oil or bituminous shale, other carbonaceous materials or mixtures of any of these in installations with a processing capacity exceeding 500 tonnes per day.
The pyrolysis, carbonisation, gasification, liquefaction, dry distillation, partial oxidation or heat treatment of coal, lignite, oil or bituminous shale, other carbonaceous materials or mixtures of any of these in installations with a processing capacity exceeding 500 tonnes per day.
10.
10.
Cement
Cement
10.1
10.1
The production of cement.
The production of cement.
11.
11.
Waste
Waste
11.1
11.1
The incineration of hazardous waste.
The incineration of hazardous waste.
11.2
11.2
The incineration of hospital waste.
The incineration of hospital waste.
11.3
11.3
The incineration of waste other than that mentioned in. 11.1 and 11.2 in plants with a capacity exceeding 1 tonne per hour.
The incineration of waste other than that mentioned in. 11.1 and 11.2 in plants with a capacity exceeding 1 tonne per hour.
11.4
11.4
The use of heat for the manufacture of fuel from waste.
The use of heat for the manufacture of fuel from waste.
12.
12.
Surface Coatings
Surface Coatings
12.1
12.1
Operations involving coating with organo-tin compounds.
Operations involving coating with organo-tin compounds.
12.2
12.2
The manufacture or use of coating materials in processes with a capacity to make or use at least 10 tonnes per year of organic solvents, and powder coating manufacture with a capacity to produce at least 50 tonnes per year.
The manufacture or use of coating materials in processes with a capacity to make or use at least 10 tonnes per year of organic solvents, and powder coating manufacture with a capacity to produce at least 50 tonnes per year.
12.3
12.3
Electroplating operations.
Electroplating operations.
13.
13.
Other Activities
Other Activities
13.1
13.1
The testing of engines, turbines or reactors where the floor area exceeds 500 square metres.
The testing of engines, turbines or reactors where the floor area exceeds 500 square metres.
13.2
13.2
The manufacture of integrated circuits and printed circuit boards.
The manufacture of integrated circuits and printed circuit boards.
13.3
13.3
The production of lime in a kiln.
The production of lime in a kiln.
13.4
13.4
The manufacture of coarse ceramics including refractory bricks, stoneware pipes, facing and floor bricks and roof tiles.
The manufacture of coarse ceramics including refractory bricks, stoneware pipes, facing and floor bricks and roof tiles.
SECOND SCHEDULE Enactments in respect of which Functions may be Transferred to the Agency
Enactments in respect of which Functions may be Transferred to the Agency
Section 54.
Air Pollution Act, 1987 (Emission Limit Value for Use of Asbestos) Regulations, 1990.
Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations, 1989.
European Communities (Asbestos Waste) Regulations, 1990.
European Communities (Control of Water Pollution by Asbestos) Regulations, 1990.
European Communities (Lead Content of Petrol) Regulations, 1985 to 1988.
European Communities (Toxic and Dangerous Waste) Regulations, 1982.
European Communities (Transfrontier Shipment of Hazardous Waste) Regulations, 1988.
European Communities (Waste) Regulations, 1984.
Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations, 1985.
Local Government (Water Pollution) Act, 1977 (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations, 1986.
THIRD SCHEDULE Amendment of Air Pollution Act, 1987
Amendment of Air Pollution Act, 1987
Section 18.
1. The Air Pollution Act, 1987 (“the Act”) shall be amended in accordance with the following paragraphs.
2. Section 7 (1) of the Act shall be amended by the substitution of the following for the definition of “pollutant”
“‘pollutant’ means any substance specified in the First Schedule or any other substance (including a substance which gives rise to odour) or energy which, when emitted into the atmosphere either by itself or in combination with any other substance, may cause air pollution;”.
3. Section 32 of the Act shall be amended by the substitution for subsection (3) of the following subsection
“(3) A local authority shall not grant a licence in relation to industrial plant unless they are satisfied that—
(a) the best practicable means will be used to prevent or limit any emissions from the plant,
(b) any emissions from the plant will comply with any relevant emission limit value,
(c) any emissions from the plant will not result in the contravention of any relevant air quality standard,
(d) any emissions from the plant will not cause significant air pollution,
and, where appropriate, the local authority shall attach conditions relating to the matters specified in paragraphs (a), (b), (c) and (d) to the licence.”.
4. The Act shall be amended by the insertion of the following sections after section 28
“Remedies for unauthorised emissions.
28A. (1) (a) Where there is an emission from any premises, other than an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act, any person may make application to the appropriate court which may make an order requiring the occupier of the premises concerned to do one or more of the following, that is to say
(i) to terminate the emission within such period as may be specified in the order, or
(ii) to mitigate or remedy any effects of the emission concerned in such manner and within such period as may be specified in the order, or
(iii) to pay to the applicant or such other person as may be specified in the order a specified amount to defray all or part of any costs incurred by the applicant or that other person in investigating, mitigating or remedying the effects of the emission concerned.
(b) In this subsection ‘appropriate court’, in relation to an application under paragraph (a) means—
(i) in case the estimated cost of complying with the order to which the application relates does not exceed £5,000, the District Court,
(ii) in case the estimated cost aforesaid does not exceed £30,000, the Circuit Court, and
(iii) in any case, the High Court.
(c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed £5,000, it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid.
(ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed £30,000, it may, if it so thinks fit, by order transfer the application to the High Court.
(iii) This paragraph is without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this section in relation to which it was, at the time of the making of the application, the appropriate court.
(2) (a) An application for an order under this section shall be brought in a summary manner and the court when considering the matter may make such interim or interlocutory order as it considers appropriate.
(b) Where an application is transferred under paragraph (c) of subsection (1), the court to which it is transferred shall be deemed to have made any order made under this subsection by the court from which it is so transferred in the proceedings in relation to the application.
(3) (a) An order shall not be made by a court under this section unless the person named in the order has been given an opportunity of being heard by the court in the proceedings relating to the application for the order.
(b) The court concerned may make such order as to the costs of the parties to or persons heard by the court in proceedings relating to an application for an order under this section as it considers appropriate.
(4) (a) Where a person does not comply with an order under subsection (1), a local authority may, in respect of their functional area, take any steps specified in the order to mitigate or remedy the effects of the emission concerned.
(b) The amount of any expenditure incurred by a local authority in relation to steps taken by them under paragraph (a) shall be a simple contract debt owed to the authority and may be recovered by them from the person as a simple contract debt in any court of competent jurisdiction.
(5) (a) An application under subsection (1) to the District Court shall be made to the Justice of the District Court for the District Court district in which the premises concerned are situated or in which the emission concerned takes place.
(b) An application under subsection (1) to the Circuit Court shall be made to the Judge of the Circuit Court for the circuit in which the premises concerned are situated or in which the emission concerned takes place.
(6) An application under subsection (1) may be made whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned.
Civil liability for pollution.
28B. (1) Where an emission causes injury, loss or damage to a person or to the property of a person, the person may, without prejudice to any other cause of action that he may have in respect of the injury, loss or damage, recover damages in any court of competent jurisdiction in respect of such injury, loss or damage—
(a) from the occupier of the premises from which the emission originated unless the emission was caused by an act of God or an act or omission of a third party over whose conduct such occupier had no control, being an act or omission that such occupier could not reasonably have foreseen and guarded against, or
(b) if the emission was occasioned by an act or omission of any person that, in the opinion of the court, constitutes a contravention by the person of a provision of this Act, from that person.
(2) Subsection (1) does not apply to an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act.”.