Protection of the Environment Act 2003

Amendment of section 5 of Act of 1996.

20.—(1) Section 5(1) of the Act of 1996 is amended—

(a) by substituting the following definition for the definition of “authorised person”:

“‘authorised person’ means a person who is appointed in writing by—

(a) the Minister,

(b) a local authority,

(c) the Agency,

(d) the Commissioner of the Garda Síochána (or a member of the Garda Síochána nominated by that Commissioner for the purposes of appointing authorised persons under this Act), or

(e) such other person as may be prescribed,

to be an authorised person for the purposes of this Act or any Part or section thereof;”,

(b) by inserting the following definition after the definition of “emission into the atmosphere”:

“ ‘emission limit value’ means the mass, expressed in terms of a specific parameter, concentration or level of an emission, or both a specific concentration and level of an emission, which may not be exceeded during one or more periods of time;”,


(c) by inserting the following definition after the definition of “waste licence”:

“ ‘waste service’ means any service, facility, approval or other thing which a local authority may or is required to render, supply, grant, issue or otherwise provide in the performance of any of its functions under this Act to any person or in respect of any premises;”.

(2) Section 5 of the Act of 1996 is amended by inserting the following subsection after subsection (1):

“(1A) In this Act, a reference to—

(a) the date on which a waste licence is granted is a reference to the date on which the licence is sealed with the seal of the Agency, and

(b) the date on which a decision by the Agency to refuse a waste licence is made is a reference to the date on which that decision, as reduced to writing, is so sealed.”.

(3) Section 5 of the Act of 1996 is amended by substituting the following subsection for subsection (2):

“(2) (a) A reference in this Act to ‘best available techniques’ shall be construed as meaning the most effective and advanced stage in the development of an activity and its methods of operation, which indicate the practical suitability of particular techniques for providing, in principle, the basis for emission limit values designed to prevent or eliminate, or where that is not practicable, generally to reduce an emission and its impact on the environment as a whole.

(b) For the purposes of paragraph (a)—

(i)   ‘best’, in relation to techniques, means the most effective in achieving a high general level of protection of the environment as a whole;

(ii)   ‘available techniques’ means those techniques developed on a scale which allows implementation in the relevant class of activity specified in the Third and Fourth Schedules, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the State, as long as they are reasonably accessible to the person carrying on the activity;

(iii) ‘techniques’ includes both the technology used and the way in which the installation is designed, built, managed, maintained, operated and decommissioned.

(c) In determining the best available techniques, special consideration shall be given to the matters for the time being specified in Annex IV of Council Directive 96/61/EC of 24 September, 1996 concerning integrated pollution prevention and control and such other matters as may be prescribed.”.