Environmental Protection Agency Act, 1992
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Grant of licences. |
83.—(1) Where an application is made to the Agency in the prescribed manner for a licence under this Part it may, subject to section 94 and to compliance with any regulations under section 87 , grant the licence subject to, or without, conditions or refuse the application. | |
(2) In considering an application for a licence or the review of a licence or revised licence under this Part, the Agency shall have regard to— | ||
(a) any relevant air quality management plan under section 46 of the Air Pollution Act, 1987 , or water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977 , or waste management plan, | ||
(b) any relevant noise regulations under section 106 , | ||
(c) any special control area order under section 39 of the Air Pollution Act, 1987 , in operation in relation to the area concerned, and | ||
(d) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution as it considers necessary. | ||
(3) The Agency shall not grant a licence or revised licence for an activity unless it is satisfied that— | ||
(a) any emissions from the activity will not result in the contravention of any relevant air quality standard specified under section 50 of the Air Pollution Act, 1987 , and will comply with any relevant emission limit value specified under section 51 of the Air Pollution Act, 1987 , | ||
(b) any emissions from the activity will comply with, or will not result in the contravention of, any relevant quality standard for waters, trade effluents and sewage effluents and standards in relation to treatment of such effluents prescribed under section 26 of the Local Government (Water Pollution) Act, 1977 , | ||
(c) any emissions from the activity or any premises, plant, methods, processes, operating procedures or other factors which affect such emissions will comply with, or will not result in the contravention of, any relevant standard including any standard for an environmental medium prescribed under regulations made under the European Communities Act, 1972 , or under any other enactment, | ||
(d) any noise from the activity will comply with, or will not result in the contravention of, any regulations under section 106 , | ||
(e) any emissions from the activity will not cause significant environmental pollution, and | ||
(f) the best available technology not entailing excessive costs will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity, | ||
and, where appropriate, the Agency shall attach conditions relating to the matters specified in the foregoing paragraphs to the licence or revised licence. | ||
(4) A person shall not be entitled solely by reason of a licence or revised licence under this Part to make, cause or permit an emission to any environmental medium. | ||
(5) Where a licence or revised licence is required under this Part in respect of an activity— | ||
(a) a licence under— | ||
(i) Part III of the Air Pollution Act, 1987 , | ||
(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or | ||
(iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or | ||
(b) a permit under— | ||
(i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982 , or | ||
(ii) the European Communities (Waste) Regulations, 1979, | ||
shall not be granted in relation to such activity. | ||
(6) Where a licence or revised licence has been granted under this Part in respect of an activity— | ||
(a) a licence under— | ||
(i) Part III of the Air Pollution Act, 1987 , | ||
(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or | ||
(iii) section 171 of the Fisheries (Consolidation) Act, 1959 , or | ||
(b) a permit under— | ||
(i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982 , or | ||
(ii) the European Communities (Waste) Regulations, 1979, | ||
shall cease to have effect in relation to such activity. | ||
(7) It shall be a good defence— | ||
(a) to a prosecution for an offence under any enactment other than this Part, or | ||
(b) to proceedings under— | ||
(i) section 10 or 11 of the Local Government (Water Pollution) Act, 1977 , | ||
(ii) section 20 of the Local Government (Water Pollution) (Amendment) Act, 1990 , or | ||
(iii) section 28 , 28A or 28B of the Air Pollution Act, 1987 , | ||
to prove that the act complained of is authorised by a licence or revised licence granted under this Part. |