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7 1992

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

PART V

General Pollution Control

Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977.

100. —(1) The Minister may, by order, provide that any provision of the Local Government (Water Pollution) Act, 1977 , specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.

(2) An order under subsection (1) in relation to a particular provision may provide that—

(a) a function conferred on a local authority or sanitary authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,

(b) anything required by the provision to be done in relation to a local authority or a sanitary authority may, in addition to or in lieu of that authority, be done in relation to the Agency,

(c) a reference in the provision to a local authority or to a sanitary authority may include or be substituted by a reference to the Agency.

(3) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of any provision of the Local Government (Water Pollution) Act, 1977 , as it applies in relation to the Agency.

Extension to Agency of certain powers under Air Pollution Act, 1987.

101. —(1) The Minister may, by order, provide that any provision of the Air Pollution Act, 1987 , specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.

(2) An order under subsection (1) in relation to a particular provision may provide that—

(a) a function conferred on a local authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,

(b) anything required by the provision to be done in relation to a local authority may, in addition to or in lieu of that authority, be done in relation to the Agency,

(c) a reference in the provision to a local authority may include or be substituted by a reference to the Agency.

(3) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate,including provision for the modification of any provision of the Air Pollution Act, 1987 , as it applies in relation to the Agency.

Management plans.

102. —(1) Without prejudice to the generality of sections 100 and 101 , the Minister may, by order, provide that the Agency may make an air quality management plan under section 46 of the Air Pollution Act, 1987 , or a water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977 .

(2) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of sections 46 , 47 and 48 of the Air Pollution Act, 1987 , or section 15 of the Local Government (Water Pollution) Act, 1977 , as they apply in relation to the Agency and in particular—

(i) the procedures to be followed by the Agency in making the plan,

(ii) consultation by the Agency with any local authority concerned in regard to the making of a plan,

(iii) provisions relating to the consent of a local authority before a plan is made,

(iv) provisions for the determination of matters where the Agency considers that the consent of a local authority is unreasonably withheld,

(v) provisions relating to the recovery of the costs of making a plan from the local authorities concerned.

Emission limit values and quality standards.

103. —(1) The Agency may, at any time, and shall when requested by the Minister to do so, make recommendations to the Minister in relation to—

(a) the specifying of air quality standards under section 50 of the Air Pollution Act, 1987 ,

(b) the specifying of emission limit values under section 51 of the Air Pollution Act, 1987 ,

(c) the prescribing of quality standards for waters, trade effluents and sewage effluents and standards in relation to methods of treatment of such effluents, under section 26 of the Local Government (Water Pollution) Act, 1977 .

(2) Before making regulations for any of the purposes referred to in subsection (1) the Minister shall have regard to any recommendations made by the Agency pursuant to that subsection.

(3) Recommendations under subsection (1), other than recommendations made at the request of the Minister, shall be published by the Agency.

Special reports and investigations.

104. —(1) The Agency may, and shall when requested by the Minister to do so, investigate the causes and circumstances surrounding any incident of environmental pollution and make a special report on such matter.

(2) (a) The Agency may cause a special report, or part thereof, to be published in such manner as it thinks fit.

(b) Before publication of a special report or part of such report prepared at the request of the Minister, the Agency shall submit such report to the Minister.

(3) The Minister may make regulations on any matter of procedure in relation to the operation of this section.

Inquiries.

105. —(1) (a) The Agency may, where after consultation with the Minister it considers it necessary to do so, arrange for an inquiry to be held into any incident of environmental pollution or any other matter related to environmental protection.

(b) The Minister may direct the Agency to arrange for an inquiry to be held into any specified incident of environmental pollution or any other matter related to environmental protection and the Agency shall comply with any such direction.

(2) The inquiry shall be conducted by a person appointed in that behalf by the Agency in such manner as the person thinks appropriate.

(3) The person conducting the inquiry may, for the purposes of the inquiry—

(a) investigate the circumstances in which the incident of environmental pollution or any other matter related to environmental protection occurred,

(b) enter (on production of the confirmation of his appointment if so demanded by the occupier or person in charge of the premises) at any reasonable time any premises, entry to which appears requisite for the said purposes,

(c) carry out such inspection and examination and do such things and make such enquiries as appear to him to be reasonably necessary for the said purposes and, in particular—

(i) require, by summons, any person to attend as a witness to give evidence,

(ii) require any person to produce such books, papers, other documents and any articles (being in that person's custody or under his control) which the person conducting the inquiry may consider relevant and retain such books, papers, documents and articles for such time as he may reasonably require them,

(iii) administer or cause to be administered an oath and take evidence under oath.

(4) If a person—

(a) on being duly summoned as a witness before an inquiry without just cause or excuse disobeys the summons,

(b) being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the person conducting the inquiry to do so, or to produce any documents or articles in his custody or control legally required by the person conducting the inquiry to be produced by him, or to answer any question to which the person conducting the inquiry may legally require an answer,

(c) wilfully gives evidence which is material to the inquiry and which he knows to be false or does not believe to be true,

(d) by act or omission, obstructs or hinders the person conducting the inquiry in the performance of his functions,

(e) fails, neglects or refuses to comply with any requirement provided for under subsection (3) (c) (ii), or

(f) does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court,

the person shall be guilty of an offence.

(5) A statement or admission made by a person before a person conducting an inquiry under this section shall not be admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4).

(6) Persons attending as witnesses at the inquiry shall be allowed such expenses to be paid out of moneys available to the Agency as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the person conducting the inquiry to a taxing master of the High Court, who, on request signed by the person conducting the inquiry, shall ascertain and certify the proper amount of the expenses.

(7) The person conducting the inquiry shall make a report to the Agency stating the causes and circumstances of the subject of the inquiry and may add any observations which he thinks right to make.

(8) The Agency may cause the report of a person who conducted an inquiry under this section to be made public at such time and in such manner as it thinks fit.

(9) The Agency may require that all or part of the expenses incurred by the Agency in relation to an inquiry under this section shall be paid in whole or in part by any person who appears to the Agency to be, by reason of any act or default on the part of such person or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry.

(10) The Agency shall give notice of an inquiry under this section by a notice published in Iris Oifigiúil and in at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.

(11) The Minister may make regulations for the purposes of this section.