S.I. No. 382/2008 - Environmental Protection Agency (Licensing) (Amendment) Regulations 2008


S.I. No. 382 of 2008

ENVIRONMENTAL PROTECTION AGENCY (LICENSING) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th September, 2008.

I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 6 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by the Protection of the Environment Act 2003 (No. 27 of 2003) and section 89 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) (as substituted by section 15 of the Protection of the Environment Act 2003 (No. 27 of 2003)) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 )) hereby make the following regulations:

1. These Regulations may be cited as the Environmental Protection Agency (Licensing) (Amendment) Regulations 2008.

2. These Regulations shall come into operation on 23 September 2008.

3. The Environmental Protection Agency (Licensing) Regulations 1994 ( S.I. No. 85 of 1994 ) are amended by substituting for Regulation 41(2)(g) (inserted by Regulation 4(l) of the Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 ( S.I. No. 394 of 2004 ) the following:

“(g) where

(i) the content of the decision, including a copy of the licence or revised licence and of any conditions and any subsequent updates, and

(ii) having examined the concerns and opinions expressed by any person, the reasons and considerations on which the decision is based, including information on the public participation process,

may be obtained, and”.

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GIVEN under my Official Seal,

23 September 2008

JOHN GORMLEY

Minister for the Environment, Heritage and Local Government

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are for the purpose of giving full effect to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and to the amendments arising in relation to Council Directive 96/61/EC concerning integrated pollution prevention and control.