S.I. No. 393/2004 - Protection of the Environment Act 2003 (Commencement) Order 2004

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 2 of the Protection of the Environment Act 2003 (No. 27 of 2003), hereby orders as follows:

1. This Order may be cited as the Protection of the Environment Act 2003 (Commencement) Order 2004.

2. On 12 July 2004, the following provisions of the Protection of the Environment Act 2003 shall come into operation:

(a) Sections 3, 5, 6, 7, 8, 9, 15, 16, 18 and 19;

(b) Subsections (1)(b), (2) and (3) of section 20;

(c) Section 21;

(d) Subsection (2)(d) of section 26;

(e) Sections 28, 31, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 51, 53, 54 and 55;

(f) Sections 59 (insofar as it relates to the Environmental Protection Agency Act 1992 and the Waste Management Act 1996 ), 60 and 61;

(g) Schedules 1, 2, 3 and 4 to the Act.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order brings into effect specified provisions of the 2003 Act with effect from 12 July 2004 for the purposes of ensuring that the licensing systems operated by the Environmental Protection Agency under the Environmental Protection Agency Act 1992 and the Waste Management Act 1996 comply in all respects with the provisions of Council Directive 96/61/EC concerning integrated pollution prevention and control.

In commencing the relevant provisions, the Order inter alia:

•  changes the technical basis of the licensing systems from best available technology not entailing excessive costs (BATNEEC) to best available techniques (BAT),

•  gives explicit recognition to emission limits values as the operational basis for licensing,

•  places increased emphasis on energy efficiency in the carrying on of operations.

In relation to integrated licensing under the 1992 Acts, the Order extends the scope of licensing for the purpose of fully implementing the Directive. In addition, it provides that, for established activities (generally those in operation on 29 October 1999, the relevant date for the purposes of the Directive), IPPC licensing will be phased in over the period to 2007. For new activities, IPPC licensing will generally apply from the date specified in the Order.

The Order introduces a requirement on planning authorities and An Bord Pleanála to ensure, through the planning system, that appropriate arrangements are made within developments for waste management and recycling. It also places an obligation on landfill operators to impose charges which will be not less than the cost of the acquisition, development, operation and restoration, remediation or aftercare of the facility.

The commencement also enables the introduction of a producer responsibility initiative in relation to the recovery of end of life vehicles in accordance with the European Parliament and Council Directive 2000/53/EC.

Finally, the Order commences the provisions of section 16 of the Act which provides a statutory basis for the implementation in full of the Groundwater Directive (Council Directive 80/68/EEC).