Environmental Protection Agency Act, 1992
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Interpretation. |
3.—(1) In this Act, unless the context otherwise requires— | |
“activity” means any process, development or operation specified in the First Schedule ; | ||
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ; | ||
“authorised person” means a person who is— | ||
(a) appointed in writing by a Minister, a local authority or the Agency or by such other person or body as may be prescribed, as the case may be, to be an authorised person for the purposes of this Act or any Part or section thereof, or | ||
(b) appointed in writing to be an authorised person pursuant to regulations under this Act by a person specified in those regulations; | ||
“development” has the meaning assigned to it by section 3 of the Act of 1963; | ||
“disposal”, in relation to waste, includes the collection, sorting, carriage, treatment, storage and tipping above or under ground, and the transformation operations necessary for its recovery, reuse or recycling; | ||
“emission” means— | ||
(a) an emission into the atmosphere of a pollutant within the meaning of the Air Pollution Act, 1987 , | ||
(b) a discharge of polluting matter, sewage effluent or trade effluent within the meaning of the Local Government (Water Pollution) Act, 1977 , to waters or sewers within the meaning of that Act, | ||
(c) the disposal of waste, or | ||
(d) noise; | ||
“employee of the Agency” does not include the Director General or other director of the Agency; | ||
“enactment” includes any instrument made under an enactment; | ||
“environmental medium”, “environmental pollution” and “environmental protection” have the meanings respectively assigned to them by section 4 ; | ||
“established activity” means an activity— | ||
(a) in respect of which a permission under Part IV of the Act of 1963 is granted prior to such day (in this paragraph and in paragraph (b) referred to as “the relevant day”) as may be prescribed by the Minister and which on the relevant day has not ceased to have effect, in accordance with the provisions of sections 2 and 4 of the Local Government (Planning and Development) Act, 1982 , or | ||
(b) which is, on the day immediately prior to the relevant day, or was, at any time during the period of twelve months ending on the day immediately prior to the relevant day, carried on, other than an activity which involves or is associated with an unauthorised structure or an unauthorised use within the meaning of the Act of 1963; | ||
“functions” includes powers and duties; | ||
“local authority” means— | ||
(a) in the case of the administrative county of Dublin, other than the borough of Dún Laoghaire, the council of the county of Dublin, | ||
(b) in the case of the borough of Dún Laoghaire, the corporation of the borough, | ||
(c) in the case of a county borough, the corporation of the county borough, and | ||
(d) in the case of any other administrative county, the council of the county, | ||
and references to the functional area of a local authority shall be construed accordingly; | ||
“the Minister” means the Minister for the Environment; | ||
“monitoring” includes the inspection, measurement, sampling or analysis for the purposes of this Act of any emission, or of any environmental medium in any locality, whether periodically or continuously; | ||
“noise” includes vibration; | ||
“occupier”, in relation to any premises, includes the owner, a lessee, any person entitled to occupy the premises and any other person having, for the time being, control of the premises; | ||
“person in charge” includes an occupier of a premises or a manager, supervisor or operator of an activity; | ||
“planning authority” has the meaning assigned to it by the Act of 1963; | ||
“plant” includes any equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used for the purposes of, or incidental to, any activity specified in the First Schedule ; | ||
“premises” includes any messuage, building, vessel, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“public authority” means— | ||
(a) a Minister of the Government, | ||
(b) the Commissioners of Public Works in Ireland, | ||
(c) a local authority for the purposes of the Local Government Act, 1941 , | ||
(d) a harbour authority within the meaning of the Harbours Act, 1946 , | ||
(e) a health board established under the Health Act, 1970 , | ||
(f) a board or other body established by or under statute, | ||
(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or | ||
(h) a company in which all the shares are held by a board, company, or other body referred to in paragraph (f) or (g) of this definition; | ||
“public place” includes any place to which the public have access, whether by right or by permission, or whether subject to, or free of charge; | ||
“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964; | ||
“statutory undertaker” has the meaning assigned to it by the Act of 1963; | ||
“vessel” means a waterborne craft of any type, whether self propelled or not, and includes an air cushion craft and any structure in or on water; | ||
“waste management plan” means a waste plan prepared under Article 4 (2) of the European Communities (Waste) Regulations, 1979, or a special waste plan within the meaning assigned to it under the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ; | ||
“works”, in relation to sections 90 , 106 and 107 , has the meaning assigned to it by the Act of 1963. | ||
(2) In this Act a reference to a section, Part or Schedule, is a reference to a section, Part or Schedule of this Act, unless there is an indication that a reference to any other enactment is intended. | ||
(3) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless there is an indication that a reference to some other provision is intended. | ||
(4) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment. | ||
(5) This Act applies, inter alia, to activities operated by or in the charge of the State. |