Protection of the Environment Act 2003 (2003_act_27) | IE

ISB Act 2003-07-14

Schedule 1 Protection of the Environment Act 2003 Open official source

SCHEDULE 1 New First Schedule to Act of 1992

New First Schedule to Act of 1992

Section 18.

“FIRST SCHEDULE

Activities to which Part IV Applies

Interpretation

If 2 or more activities falling within the same paragraph under a particular heading of this Schedule are carried on in the same installation by the same person, then, for the purpose of any threshold specified in that paragraph, the capacities of those activities shall be aggregated.

1

Minerals and Other Materials

1.1.1

The production of asbestos.

1.1.2

The extraction, production and processing of raw asbestos, not included in paragraph 1.1.1.

1.2

The extraction of aluminium oxide from an ore, not included in paragraph 5.13.

1.3

The extraction and processing (including size reduction, grading and heating) of minerals within the meaning of the Minerals Development Acts 1940 to 1999, where an activity involves—

(a) a metalliferous operation, or (b) any other operation where either the level of extracted or processed minerals is greater than 200,000 tonnes per annum or the total operational yield is greater than 1,000,000 tonnes, and storage of related mineral waste.

(a) a metalliferous operation, or

(b) any other operation where either the level of extracted or processed minerals is greater than 200,000 tonnes per annum or the total operational yield is greater than 1,000,000 tonnes,

and storage of related mineral waste.

1.4

The extraction of peat in the course of business which involves an area exceeding 50 hectares.

2

Energy

2.1

The operation of combustion installations with a rated thermal input equal to or greater than 50 MW.

3

Metals

3.1.1

The production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour.

3.1.2

The initial melting or production of iron or steel, not included in paragraph 3.1.1.

3.2.1

The processing of ferrous metals: (a) hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour, (b) smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW, (c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.

The processing of ferrous metals

(a) hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour,

(b) smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW,

(c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.

3.2.2

The processing of iron and steel in forges, drawing plants and rolling mills where the production area exceeds 500 square metres, not included in paragraph 3.2.1.

3.3.1

The operation of ferrous metal foundries with a production capacity exceeding 20 tonnes per day.

3.3.2

The production, recovery, processing or use of ferrous metals in foundries having melting installations with a total capacity exceeding 5 tonnes, not included in paragraph 3.3.1.

3.4.1

The— (a) production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes, (b) smelting, including the alloyage, of non-ferrous metals, including recovered products, (refining, foundry casting, etc.) with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.

The—

(a) production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes,

(b) smelting, including the alloyage, of non-ferrous metals, including recovered products, (refining, foundry casting, etc.) with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.

3.4.2

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, not included in paragraph 3.4.1.

3.5

The reaction of aluminium or its alloys with chlorine or its compounds, not included in paragraph 5.13.

3.6.1

The roasting or sintering of metal ore (including sulphide ore).

3.6.2

The calcining of metallic ores in plants with a capacity exceeding 1,000 tonnes per year.

3.7

Swaging by explosives where the production area exceeds 100 square metres.

3.8

The pressing, drawing and stamping of large castings where the production area exceeds 500 square metres.

3.9

Boilermaking and the manufacture of reservoirs, tanks and other sheet metal containers where the production area exceeds 500 square metres.

4

Mineral Fibres and Glass

4.1

The processing of asbestos, and the manufacture and processing of asbestos-based products.

4.2.1

The melting of mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day.

4.2.2

The manufacture of glass fibre or mineral fibre, not included in paragraph 4.2.1 or 4.3.

4.3

The manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day or 5,000 tonnes per year.

4.4

The production of industrial diamonds.

5

Chemicals

Production, for the purposes of the activities mentioned in paragraph 5.12 to 5.17, means the production on an industrial scale by chemical processing of substances or groups of substances mentioned in any of those paragraphs.

5.1

The manufacture of chemicals in an integrated chemical installation, not included in paragraphs 5.12 to 5.17.

5.2

The manufacture of olefins and their derivatives or of monomers and polymers including styrene and vinyl chloride, not included in paragraphs 5.12 to 5.17.

5.3

The manufacture, by way of chemical reaction processes, of organic or organo-metallic chemical products other than those specified in paragraph 5.2 and not included in paragraphs 5.12 to 5.17.

5.4

The manufacture of inorganic chemicals, not included in paragraphs 5.12 to 5.17.

5.5

The manufacture of artificial fertilisers, not included in paragraphs 5.12 to 5.17.

5.6

The manufacture of pesticides, pharmaceutical or veterinary products and their intermediates, not included in paragraphs 5.12 to 5.17.

5.7

The manufacture of paints, varnishes, resins, inks, dyes, pigments or elastomers where the production capacity exceeds 1,000 litres per week, not included in paragraphs 5.12 to 5.17.

5.8

The formulation of pesticides, not included in paragraphs 5.12 to 5.17.

5.9

The chemical manufacture of glues, bonding agents and adhesives, not included in paragraphs 5.12 to 5.17.

5.10

The manufacture of vitamins involving the use of heavy metals, not included in paragraphs 5.12 to 5.17.

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) and not included in paragraphs 5.12 to 5.17— methyl acrylate (20 tonnes); acrylonitrile (20 tonnes); toluene di-isocyanate (20 tonnes); anhydrous ammonia (100 tonnes); anhydrous hydrogen flouride (1 tonne).

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) and not included in paragraphs 5.12 to 5.17—

methyl acrylate (20 tonnes); acrylonitrile (20 tonnes); toluene di-isocyanate (20 tonnes); anhydrous ammonia (100 tonnes); anhydrous hydrogen flouride (1 tonne).

5.12

The production of basic organic chemicals, such as: (a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic), (b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins, (c) sulphurous hydrocarbons, (d) introgenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates, (e) phosphorus-containing hydrocarbons, (f) halogenic hydrocarbons, (g) organometallic compounds, (h) basic plastic materials (polymers, synthetic fibres and cellulose-based fibres), (i) synthetic rubbers, (j) dyes and pigments, (k) surface-active agents and surfactants.

The production of basic organic chemicals, such as

(a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic),

(b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins,

(c) sulphurous hydrocarbons,

(d) introgenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates,

(e) phosphorus-containing hydrocarbons,

(f) halogenic hydrocarbons,

(g) organometallic compounds,

(h) basic plastic materials (polymers, synthetic fibres and cellulose-based fibres),

(i) synthetic rubbers,

(j) dyes and pigments,

(k) surface-active agents and surfactants.

5.13

The production of basic inorganic chemicals, such as: (a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride, (b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids, (c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide, (d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, (e) non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.

The production of basic inorganic chemicals, such as

(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride,

(b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids,

(c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide,

(d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate,

(e) non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.

5.14

The production of phosphorous-based, nitrogen-based or potassium-based fertilisers (simple or compound fertilisers).

5.15

The production of basic plant health products and of biocides.

5.16

The use of a chemical or biological process for the production of basic pharmaceutical products.

5.17

The production of explosives.

6

Intensive Agriculture

6.1

The rearing of poultry in installations, whether within the same complex or within 100 metres of the same complex, where the capacity exceeds 40,000 places.

6.2

The rearing of pigs in an installation, whether within the same complex or within 100 metres of the same complex, where the capacity exceeds— 750 places for sows in a breeding unit, or 285 places for sows in an integrated unit, or 2,000 places for production pigs. In this paragraph— ‘breeding unit’ means a piggery in which pigs are bred and reared up to 30kg in weight; ‘integrated unit’ means a piggery in which pigs are bred and reared to slaughter; ‘production pig’ means any pig over 30kg in weight which is being fattened for slaughter; ‘sow’ means a female pig after its first farrowing.

The rearing of pigs in an installation, whether within the same complex or within 100 metres of the same complex, where the capacity exceeds—

750 places for sows in a breeding unit, or

285 places for sows in an integrated unit, or

2,000 places for production pigs.

In this paragraph—

‘breeding unit’ means a piggery in which pigs are bred and reared up to 30kg in weight;

‘integrated unit’ means a piggery in which pigs are bred and reared to slaughter;

‘production pig’ means any pig over 30kg in weight which is being fattened for slaughter;

‘sow’ means a female pig after its first farrowing.

7

Food and Drink

7.1

The manufacture of vegetable and animal oils and fats where the capacity for processing raw materials exceeds 40 tonnes per day, not included in paragraph 7.8.

7.2.1

The treatment and processing of milk, the quantity of milk received being greater than 200 tonnes per day (average value on a yearly basis).

7.2.2

The manufacture of dairy products where the processing capacity exceeds 50 million gallons of milk equivalent per year, not included in paragraph 7.2.1.

7.3.1

Brewing (including cider and perry production) in installations where the production capacity exceeds 25 million litres per year, not included in paragraph 7.8.

7.3.2

Distilling in installations where the production capacity exceeds the equivalent of 1,500 tonnes per year measured as pure alcohol, not included in paragraph 7.8.

7.3.3

Malting in installations where the production capacity exceeds 100,000 tonnes per year, not included in paragraph 7.8.

7.4.1

The operation of slaughterhouses with a carcass production capacity greater than 50 tonnes per day.

7.4.2

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, and not included in paragraph 7.4.1.

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,

and not included in paragraph 7.4.1.

7.5

The manufacture of fish-meal and fish-oil, not included in paragraph 7.8.

7.6

The manufacture of sugar, not included in paragraph 7.8.

7.7.1

The disposal or recycling of animal carcasses and animal waste with a treatment capacity exceeding 10 tonnes per day.

7.7.2

The processing (including rendering) of animal carcasses and by-products, not included in paragraph 7.7.1.

7.8

Treatments or processes for the purposes of the production of food products from— (a) animal raw materials (other than milk) with a finished product production capacity greater than 75 tonnes per day, (b) vegetable raw materials with a finished product production capacity greater than 300 tonnes per day (average value on a quarterly basis).

Treatments or processes for the purposes of the production of food products from—

(a) animal raw materials (other than milk) with a finished product production capacity greater than 75 tonnes per day,

(b) vegetable raw materials with a finished product production capacity greater than 300 tonnes per day (average value on a quarterly basis).

8

Wood, Paper, Textiles and Leather

8.1

The production of paper pulp, paper or board (including fibre-board, particle-board and plywood) with a production capacity exceeding 20 tonnes per day.

8.2

The production of pulp from timber or other fibrous materials.

8.3

The treatment or protection of wood, involving the use of preservatives, with a capacity exceeding 10 tonnes of wood per day.

8.4

The manufacture of synthetic fibres, not included in paragraph 5.12.

8.5.1

The pre-treatment (operations such as washing, bleaching, mercerization) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tonnes per day.

8.5.2

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, not included in paragraph 8.5.1.

8.6.1

The tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day.

8.6.2

The fell-mongering of hides and tanning of leather in installations where the capacity exceeds 100 skins per day, not included in paragraph 8.6.1.

9

Fossil Fuels

9.1

The extraction, other than offshore extraction, of petroleum, natural gas, coal or bituminous shale.

9.2

The handling or storage of crude petroleum, not included in paragraph 9.3.1 or 9.3.2.

9.3.1

The operation of mineral oil and gas refineries.

9.3.2

The refining of petroleum or gas, not included in paragraph 9.3.1.

9.4.1

The operation of coke ovens.

9.4.2

The operation of coal gasification and liquefaction plants.

9.4.3

The production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization.

9.4.4

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, not included in paragraph 9.4.1, 9.4.2 or 9.4.3.

10

Cement

10.1

The production of cement.

11

Waste

11.1

The recovery or disposal of waste in a facility, within the meaning of the Act of 1996, which facility is connected or associated with another activity specified in this Schedule in respect of which a licence or revised licence under Part IV is in force or in respect of which a licence under the said Part is or will be required.

12

Surface Coatings

12.1

Operations involving coating with organo-tin compounds, not included in paragraph 12.2.1 or 12.2.2.

12.2.1

The surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

12.2.2

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, not included in paragraph 12.2.1.

12.3

The surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3.

13

Other Activities

13.1

The testing of engines, turbines or reactors where the floor area exceeds 500 square metres.

13.2

The manufacture of integrated circuits and printed circuit boards.

13.3

The production of lime in a kiln.

13.4.1

The manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, or with a kiln capacity exceeding 4 m3 and a setting density per kiln exceeding 300 kg/m3.

13.4.2

The manufacture of coarse ceramics including refractory bricks, stoneware pipes, facing and floor bricks and roof tiles, not included in paragraph 13.4.1.”.

ISB Act 2003-07-14

Schedule 2 Protection of the Environment Act 2003 Open official source

SCHEDULE 2 Repeals and Revocations

SCHEDULE 2

Repeals and Revocations

Section 3.

PART 1 Enactments Repealed

PART 1

Enactments Repealed

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 10 of 1996

Waste Management Act 1996

Section 64; Section 65(1); Subsections (2) and (4) of section 68.

Section 64;

Section 65(1);

Subsections (2) and (4) of section 68.

No. 30 of 2000

Planning and Development Act 2000

Section 256.

PART 2 Statutory Instruments Revoked

PART 2

Statutory Instruments Revoked

S.I. Number and Year

Citation

Extent of Revocation

(1)

(2)

(3)

S.I. No. 84 of 1994

European Communities (Environmental Impact Assessment) (Amendment) Regulations 1994

Part III.

ISB Act 2003-07-14

Schedule 3 Protection of the Environment Act 2003 Open official source

SCHEDULE 3 New Third Schedule to Act of 1996

New Third Schedule to Act of 1996

Section 54.

“THIRD SCHEDULE

WASTE DISPOSAL ACTIVITIES

1. Deposit on, in or under land (including landfill).

2. Land treatment, including biodegradation of liquid or sludge discards in soils.

3. Deep injection of the soil, including injection of pumpable discards into wells, salt domes or naturally occurring repositories.

4. Surface impoundment, including placement of liquid or sludge discards into pits, ponds or lagoons.

5. Specially engineered landfill, including placement into lined discrete cells which are capped and isolated from one another and the environment.

6. Biological treatment not referred to elsewhere in this Schedule which results in final compounds or mixtures which are disposed of by means of any activity referred to in paragraphs 1 to 5 or paragraphs 7 to 10 of this Schedule.

7. Physico-chemical treatment not referred to elsewhere in this Schedule which results in final compounds or mixtures which are disposed of by means of any activity referred to in paragraphs 1 to 5 or paragraphs 8 to 10 of this Schedule (including evaporation, drying and calcination).

8. Incineration on land or at sea.

9. Permanent storage, including emplacement of containers in a mine.

10. Release of waste into a water body (including a seabed insertion).

11. Blending or mixture prior to submission to any activity referred to in a preceding paragraph of this Schedule.

12. Repackaging prior to submission to any activity referred to in a preceding paragraph of this Schedule.

13. Storage prior to submission to any activity referred to in a preceding paragraph of this Schedule, other than temporary storage, pending collection, on the premises where the waste concerned is produced.”.

ISB Act 2003-07-14

Schedule 4 Protection of the Environment Act 2003 Open official source

SCHEDULE 4 New Fourth Schedule to Act of 1996

New Fourth Schedule to Act of 1996

Section 55.

“FOURTH SCHEDULE

Waste Recovery Activities

1. Solvent reclamation or regeneration.

2. Recycling or reclamation of organic substances which are not used as solvents (including composting and other biological processes).

3. Recycling or reclamation of metals and metal compounds.

4. Recycling or reclamation of other inorganic materials.

5. Regeneration of acids or bases.

6. Recovery of components used for pollution abatement.

7. Recovery of components from catalysts.

8. Oil re-refining or other re-uses of oil.

9. Use of any waste principally as a fuel or other means to generate energy.

10. The treatment of any waste on land with a consequential benefit for an agricultural activity or ecological system.

11. Use of waste obtained from any activity referred to in a preceding paragraph of this Schedule.

12. Exchange of waste for submission to any activity referred to in a preceding paragraph of this Schedule.

13. Storage of waste intended for submission to any activity referred to in a preceding paragraph of this Schedule, other than temporary storage, pending collection, on the premises where such waste is produced.”.

Protection of the Environment Act 2003

Statutory Text (4 Articles)

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