Dumping at Sea (Amendment) Act 2004

Amendment of section 5 of Principal Act.

4.—Section 5 of the Principal Act is amended—

(a) in subsection (1)(a), by the substitution for “the Minister for the Environment, the Minister for Enterprise and Employment, the Minister for Transport, Energy and Communications” of “the Minister for the Environment, Heritage and Local Government, the Minister for Enterprise, Trade and Employment”,

(b) in subsection (1)(b)(ii), by the substitution for “as may be appropriate.” of “as may be appropriate, and”,

(c) in subsection (1)(b), by the insertion of the following after subparagraph (ii):

“(iii) in relation to the proposed dredging and dumping of any substance or material, any submission or observations made by a person, and comments made by an applicant, under section 5A.”,

(d) in subsection (4), by the substitution for “the Minister for the Environment, the Minister for Enterprise and Employment, the Minister for Transport, Energy and Communications” of “the Minister for the Environment, Heritage and Local Government, the Minister for Enterprise, Trade and Employment”,

(e) by the substitution for subsection (5) of the following subsection:

“(5)  (a) An application for a permit under this section or for amendment of any such permit shall be subject to such fee payable in such manner, as the Minister may, with the consent of the Minister for Finance, prescribe by regulations.

(b) Regulations under this subsection may provide for fees of different amounts in respect of applications of different categories and in different circumstances.

(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 Department of Communications, Marine and Natural Resources is in receipt of the fee or the appropriate part thereof, as the case may be.

(d) Every regulation made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”,

(f) by the insertion of the following after subsection (7):

“(7A) In this section references to an application for a permit include references to an application for an amendment of a permit.”,

and

(g) in subsection (9), paragraph (b), by the insertion after “reasonable times.” of the following:

“The Minister shall cause the register to be published by electronic means.”.