Foreshore and Dumping at Sea (Amendment) Act 2009
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Amendment of section 5 (permits in relation to dumping) of Act of 1996. |
33.— In addition to the amendment provided for by section 29 (1) and Schedule 2 , section 5 of the Act of 1996 is amended— | |
(a) in subsection (1) by substituting the following for paragraph (a): | ||
“(a) The Agency may, after consultation with the Minister for the Environment, Heritage and Local Government, the Minister for Enterprise, Trade and Employment, the Minister for Agriculture, Fisheries and Food and such other Minister of the Government as the Agency considers appropriate, grant, or refuse to grant, a permit to a person who applies to the Agency for a permit authorising the dumping of a specified vessel, aircraft or offshore installation, or a specified quantity of a specified substance or material in a specified place within a specified period of time or the loading onto the vessel or aircraft, of a specified quantity of a specified substance or material at a specified place within a specified period of time, which is intended to be dumped from the vessel or aircraft concerned.”, | ||
(b) by substituting the following for subsections (2) to (4): | ||
“(2) A person who applies to the Agency for a permit under this section shall furnish to the Agency such information as the Agency may consider necessary for the purpose of the exercise of functions under this section, including, where so requested by the Agency, information that will satisfy the Agency that there is no suitable alternative means of disposal of the vessel, aircraft, offshore installation, substance or material concerned. | ||
(3) A permit under this section shall contain such conditions as the Agency thinks appropriate. Without prejudice to the generality of the foregoing, a permit under this section shall include a condition that the person to whom it is granted shall indemnify the Agency against all reasonable costs incurred by him arising out of a breach of a condition of the said permit. | ||
(4) The Agency may, after consultation with the Minister for the Environment, Heritage and Local Government, the Minister for Agriculture, Fisheries and Food, the Minister for Enterprise, Trade and Employment and such other Minister of the Government as the Agency considers appropriate, revoke or amend a permit under this section, whenever the Agency deems it appropriate.”, | ||
(c) in subsection (5) by substituting the following for paragraph (c): | ||
“(c) Where under regulations made under this subsection a fee is payable in respect of any application, the application shall not be considered or decided unless the Agency is in receipt of the fee or the appropriate part thereof, as the case may be.”, | ||
and | ||
(d) by deleting subsection (11). |