Environment (Miscellaneous Provisions) Act 2026
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Applications for licences in certain emergency circumstances | ||
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26. The Act of 1996 is amended by the insertion of the following sections after section 44: | ||
“Exemption from EIA Directive for civil emergency or defence | ||
44A. (1) Subject to subsection (2), the Minister may by order declare that the requirements of the EIA Directive and paragraphs (b) and (c) of section 40(2A) shall not apply in respect of a waste disposal activity or a waste recovery activity for the purpose of the Agency’s consideration of— | ||
(a) an application for a waste licence to carry on the activity under section 40(1), or | ||
(b) an application by the holder of the licence for a review of a waste licence to carry on the activity under section 46(1)(b). | ||
(2) The Minister may make an order where— | ||
(a) the Minister has consulted with such other Minister of the Government as the first-mentioned Minister considers appropriate, | ||
(b) the Minister is satisfied that the carrying out of the activity is for the sole purpose of— | ||
(i) the defence of the State, or | ||
(ii) responding to a civil emergency, | ||
and | ||
(c) the Minister considers that applying the EIA Directive and paragraphs (b) and (c) of section 40(2A) to the consideration of the application would have an adverse effect on the purpose referred to in subparagraph (i) or (ii) of paragraph (b). | ||
(3) Where the Minister makes an order under subsection (1), the Minister shall, as soon as practicable after the making of the order— | ||
(a) cause a copy of the order to be laid before each House of the Oireachtas, | ||
(b) publish a notice of the making of the order and the reasons for the making of the order— | ||
(i) on a website maintained by or on behalf of the Minister, and | ||
(ii) in a national newspaper, | ||
and | ||
(c) cause a copy of the notice to be transmitted to the Agency and, as the Minister considers appropriate, to one or both of the following: | ||
(i) each planning authority in whose functional area the activity is proposed to be carried out; | ||
(ii) the Commission. | ||
Exemption from requirement for EIA in exceptional circumstances | ||
44B. (1) Before a person makes an application for a waste licence under section 40(1), or for a review of a waste licence under section 46(1)(b), the person may request the Agency to grant an exemption in respect of a waste disposal activity or a waste recovery activity the subject of the proposed application from the requirements of the EIA Directive and paragraphs (b) and (c) of section 40(2A), and the Agency may grant the exemption or refuse to grant the exemption, for the purposes of its consideration of the application. | ||
(2) Before making a decision in relation to a request under subsection (1), the Agency shall— | ||
(a) invite each planning authority in whose functional area the activity is proposed to be carried out to make observations to the Agency in relation to the request within such period as the Agency may specify, | ||
(b) consider whether any Member State or Transboundary Convention state should be informed about the application and, if the Agency considers that it should, invite that Member State or state to make observations to the Agency in relation to the request within such period as the Agency may specify, and | ||
(c) consider the observations (if any) made in accordance with an invitation under paragraph (a) or (b). | ||
(3) The Agency may, by notice to the person who made the request, request the person to provide to the Agency such further information in relation to the first-mentioned request as may be specified in the notice, and the person shall endeavour to provide such information within such period as the Agency may specify in the notice. | ||
(4) The Agency shall not grant the exemption unless it is satisfied that— | ||
(a) exceptional circumstances warrant the grant of the exemption, | ||
(b) applying the requirements of the EIA Directive and paragraphs (b) and (c) of section 40(2A) to the consideration of the application would adversely affect the purpose of the activity, and | ||
(c) the objectives of the EIA Directive will be achieved by other means. | ||
(5) Where a Member State or Transboundary Convention state is informed in accordance with subsection (2)(b), the Agency shall not grant an exemption where that Member State or state informs the Agency that— | ||
(a) it does not consider that the request for an exemption should be granted, or | ||
(b) it wishes to be given an opportunity to make observations on the likely significant effects of the activity on the environment. | ||
(6) Where the Agency grants the exemption, it shall— | ||
(a) specify requirements in relation to the assessment of the effects (if any) of the activity on the environment by the means referred to in subsection (4)(c), | ||
(b) publish a notice of the exemption, any requirements specified under paragraph (a), and the reasons for the exemption— | ||
(i) on a website maintained by it or on its behalf, and | ||
(ii) in a national newspaper, | ||
and | ||
(c) send a copy of the notice published in accordance with paragraph (b) to— | ||
(i) each planning authority in whose functional area the activity is proposed to be carried out, | ||
(ii) any Member State or Transboundary Convention state that the Agency invited to make observations in accordance with subsection (2)(b), and | ||
(iii) the European Commission. | ||
(7) The Agency shall comply with requirements specified in accordance with subsection (6)(a) in determining the application. | ||
(8) A person shall not apply for a waste licence for the activity under section 40(1), or for a review of a waste licence under section 46(1)(b), while the request under subsection (1) in respect of the activity is being considered by the Agency and such an application shall not be considered by the Agency until the Agency has made a decision in relation to the request. | ||
(9) The Agency shall, where an exemption is granted and before the making of a decision in relation to the application to which the request under subsection (1) refers— | ||
(a) inform the European Commission in writing of the reasons justifying the exemption, and | ||
(b) provide the European Commission with the information that was made available to the public in relation to the application concerned, including the information obtained from the assessment of the effects (if any) of the activity on the environment by the means referred to in subsection (4)(c). | ||
(10) An assessment referred to in subsection (6)(a) shall be co-ordinated with any appropriate assessment of the activity that is carried out under Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ). | ||
(11) The Minister may by regulations specify— | ||
(a) the form and manner in which the request under subsection (1) shall be made, and | ||
(b) the information which shall accompany the request under subsection (1). | ||
Exemption from requirement to issue proposed decision | ||
44C. (1) The Minister may by order declare that subsections (2) to (11) of section 42 shall not apply to an application for a waste licence under section 40(1), or an application for a review of a waste licence under section 46(1)(b), where the Minister— | ||
(a) has consulted with the Agency, and | ||
(b) is satisfied of the matters referred to in subsection (2). | ||
(2) The matters referred to in subsection (1)(b) are: | ||
(a) that the carrying on of the waste disposal activity or the waste recovery activity the subject of the application is required due to an accident or an emergency, and that applying the requirements of subsections (2) to (11) of section 42 to the consideration of the application would adversely affect the purpose of the activity, | ||
(b) that a grant of permission (within the meaning of the Act of 2000 or the Act of 2024) has been made in respect of the development (within the meaning of the Act of 2000 or the Act of 2024, as the case may be) comprising or for the purposes of the activity, or is not necessary, and that— | ||
(i) any proceedings in relation to the grant of permission taken under section 50 of the Act of 2000 or Part 9 of the Act of 2024 have concluded, or | ||
(ii) the period for the bringing of such proceedings referred to in subsections (6) or (7) of section 50 of the Act of 2000 or section 281(1) of the Act of 2024, as the case may be, has expired without such proceedings being brought, | ||
and | ||
(c) that an environmental impact assessment is not necessary for the purposes of the consideration of the application. | ||
(3) Where the Minister makes an order under subsection (1), the Minister shall, as soon as practicable after the making of the order— | ||
(a) cause a copy of the order to be laid before each House of the Oireachtas, | ||
(b) publish a notice of the making of the order and the reasons for the making of the order— | ||
(i) on a website maintained by or on behalf of the Minister, and | ||
(ii) in a national newspaper, | ||
and | ||
(c) cause a copy of the notice to be transmitted to the Agency and, as the Minister considers appropriate, to one or both of the following: | ||
(i) each planning authority in whose functional area the activity is proposed to be carried out; | ||
(ii) the Commission. | ||
Agency to take account of information specified under section 44B | ||
44D. (1) Where an exemption is granted in respect of a waste disposal activity or a waste recovery activity under section 44B, before making a decision under section 40(1) in respect of the application for a waste licence, or under section 46(8) in respect of the application for a review of waste licence, the Agency shall take into account the assessment referred to in section 44B(6)(a) for the purpose of ensuring that the objectives of the EIA Directive are met. | ||
(2) The Agency may make any feature of the project or measure envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure incorporated into the decision, a condition of any waste licence granted on foot of the decision. | ||
(3) The Agency shall incorporate into a decision in relation to an application referred to in subsection (1) such documents relating to the assessment referred to in section 44B(6)(a) as the Agency may specify for the purposes of ensuring that the objectives of the EIA Directive are met, including a description of any features of the project or measures envisaged to avoid, prevent or reduce and, where possible, offset the significant adverse effects on the environment and any appropriate monitoring measures that relate to conditions to be attached to the licence to be granted on foot of the decision. | ||
Notice of decision in relation to application to which exemption under section 44B relates | ||
44E. When, having examined the submissions or observations (if any) made to the Agency, a decision is taken under section 40(1) or 46(8) in relation to an application for a licence or for a review of a licence for a waste disposal activity or a waste recovery activity in respect of which an exemption is granted under section 44B, the Agency shall inform the public, and such other particular persons as may be prescribed, in such form and manner as may be prescribed, of its decision and shall make available to the public the following information: | ||
(a) the content of the decision and any conditions attached to the decision; | ||
(b) the main reasons and considerations on which the decision is based; | ||
(c) any reports referred to in section 40(2A)(g); | ||
(d) information on the procedures to review the substantive and procedural legality of the decision; | ||
(e) such other information as the Agency considers appropriate.”. |