Environment (Miscellaneous Provisions) Act 2015
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Part IA of Act of 1987 | ||
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24. (1) The Act of 1987 is amended by the insertion of the following Part after Part I: | ||
“PART IA | ||
Fuels Register | ||
Registration on fuels register | ||
22A.(1) The Agency shall— | ||
(a) cause to be established a register (in this section referred to as the ‘fuels register’) of persons who produce, treat, import, place on the market, distribute, store or sell fuel of any type or description, or who carry on any combination of those activities (in this section referred to as a ‘fuel activity’), | ||
(b) enter in the fuels register the name of every person specified under section 53(1)(ca) (in this Part referred to as a ‘specified person’) granted registration by the Agency, the address at which or the area within which the fuel activity is carried on and any other information that it considers appropriate, | ||
(c) maintain the fuels register, and | ||
(d) if necessary divide the fuels register into divisions for different classes of person. | ||
(2) A specified person shall apply to the Agency to be entered on the fuels register and the application shall— | ||
(a) be made in writing or by electronic means, | ||
(b) specify the name of the specified person and the address at which he or she ordinarily resides, and for the purposes of this paragraph, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business, | ||
(c) specify the fuel activity to which the application relates, | ||
(d) specify the address at which or the area within which that fuel activity is carried on, | ||
(e) be accompanied by such other information as may be provided for under section 53, and | ||
(f) be accompanied by the fee provided for in regulations under section 53. | ||
(3) Where the Agency receives an application for registration under this section it shall, subject to subsections (4) and (5), register the specified person on the fuels register, issue a registration number to that person and accordingly shall enter the following in that register: | ||
(a) the name of the person, | ||
(b) the registration number issued to that person, | ||
(c) the fuel activity to which the registration relates, | ||
(d) the address at which or the area within which that fuel activity is carried on, and | ||
(e) any conditions specified under section 53 attaching to the registration. | ||
(4) The Agency shall not register a specified person on the fuels register if— | ||
(a) the application does not comply with subsection (2), | ||
(b) the person does not possess a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 , or | ||
(c) the person fails to satisfy conditions for entry on the register. | ||
(5) The Agency may refuse to register a specified person on the fuels register if by reason of— | ||
(a) the commission by the person of an offence under this Act, or | ||
(b) the contravention by the person of a provision of this Act or regulations made under this Act, | ||
the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution. | ||
(6) The Agency shall not make a decision to— | ||
(a) refuse to register a specified person, or | ||
(b) register the specified person subject to conditions, | ||
until it has considered any representations made by the specified person under subsection (7). | ||
(7) Where the Agency proposes to— | ||
(a) refuse to register a specified person, or | ||
(b) register the specified person subject to conditions, | ||
it shall notify the specified person 14 days before making its decision and the specified person on whom a notice is served may, not later than 14 days after receiving the notice make representations in writing to the Agency in relation to the proposal. | ||
Tax clearance certificate | ||
22B. (1) A person registered on the fuels register and not in possession of a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 shall, as soon as practicable, so notify the Agency in writing. | ||
(2) If, within 28 days of a person notifying the Agency under subsection (1), the Agency is not satisfied that the person possesses a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 , the Agency shall remove that person from the fuels register. | ||
(3) Where, in accordance with this section a person is removed from the fuels register— | ||
(a) the Agency shall enter a statement in the fuels register that the person has been so removed and a statement of the reasons for that removal, and | ||
(b) the person concerned shall immediately surrender their registration number to the Agency. | ||
(4) A person who contravenes subsection (1) or (3)(b) shall be guilty of an offence. | ||
Appeals relating to fuels register | ||
22C. (1) The Agency, with the consent of the Minister, may appoint a person who in the opinion of the Agency has the relevant knowledge and experience in relation to fuel activities and air pollution, and procedures relating to registration and inspections, to be an appeals officer for the purposes of this section (in this section referred to as an ‘appeals officer’), who shall be independent in the performance of his or her functions under this section. | ||
(2) Where the Agency, having considered any representations under section 22A(7) decides to— | ||
(a) refuse to register a specified person, or | ||
(b) register the specified person subject to conditions, | ||
the Agency shall notify the specified person in writing of the decision and the reasons therefor and shall inform the person that he or she may appeal the decision to an appeals officer not later than 14 days from the date on which the notice issued to the specified person. | ||
(3) (a) Where the specified person appeals the decision of the Agency, notified under subsection (2), he or she shall do so in writing within 14 days from the date on which the notice issued to the specified person, and the appeals officer shall consider all information furnished with the original application, representations under section 22A(7), and any additional information that the appeals officer considers necessary. | ||
(b) Following consideration under paragraph (a), the appeals officer shall decide to either— | ||
(i) annul the decision of the Agency referred to in subsection (2)(a) and direct the Agency to register the specified person and enter the information referred to at paragraphs (a) to (d) of section 22A(3) on the register, | ||
(ii) annul or amend the decision of the Agency referred to in subsection (2)(b) and direct the Agency to register the prescribed person without any conditions, or subject to conditions other than those imposed by the Agency, and enter the information referred to at paragraphs (a) to (d) of section 22A(3) on the register, or | ||
(iii) confirm the decision of the Agency referred to in paragraph (a) or (b), as the case may be, of subsection (2). | ||
(c) The appeals officer, as soon as may be after he or she makes a decision under paragraph (b), shall notify the specified person in writing of the decision and the reason therefor. | ||
(4) (a) A person affected by a decision of an appeals officer under subsection (3) may, not later than 28 days after he or she receives a copy of the decision, appeal to the Circuit Court against the decision. | ||
(b) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides, and for the purposes of this paragraph a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. | ||
(c) The appeal shall be determined by the Circuit Court— | ||
(i) confirming the decision of the appeals officer under subsection (3) to which the appeal relates, or | ||
(ii) substituting its determination for that decision. | ||
(d) A decision of the Circuit Court under this section shall be final, save that, by leave of that Court, an appeal shall lie to the High Court on a point of law. | ||
Removal from fuels register | ||
22D. (1) If, upon an application by the Agency under this section, the District Court considers that the removal of a person from the fuels register is necessary by reason of the commission by the person of an offence under this Act or, the contravention by the person of a provision of this Act or regulations made under this Act such that the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution, the court shall make an order directing the Agency to remove the person from the fuels register. | ||
(2) If, in an application by the Agency under this section, the District Court is satisfied that the person has committed an offence under this Act or contravened a condition attached to registration on the fuels register, or a condition specified in an order under this section and is of the opinion that the prevention or limiting of air pollution can be secured by means other than the making of an order under subsection (1) it may, for the purposes of such prevention or limiting, make an order requiring the person to comply with such conditions as it considers appropriate. | ||
(3) Where the Agency proposes to apply to the District Court under this section, the Agency shall notify the person registered on the fuel register concerned in writing thereof. | ||
(4) Where in accordance with this section a person is removed from the fuels register— | ||
(a) the Agency shall enter a statement in the fuels register that the person has been so removed and a statement of the reasons for that removal, and | ||
(b) the person concerned shall immediately surrender the registration number issued to him or her under section 22E by the Agency. | ||
(5) An application for an order under this section shall be made to a judge of the District Court sitting in the District Court district in which the specified person concerned ordinarily resides, and for the purposes of this paragraph a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of person shall be deemed to be ordinarily resident at its principal office or place of business. | ||
(6) The Agency shall comply with a direction in an order under this section. | ||
(7) A person who contravenes subsection (4)(b) or a condition specified in an order under this section shall be guilty of an offence. | ||
Further matters relating to fuels register | ||
22E.(1) As soon as practicable following the registration of a specified person on the fuels register, the Agency shall issue to that person a document containing a registration number relating to the registration and the information entered in the fuels register. | ||
(2) The specified person shall comply with any conditions provided for under section 53 relating to display or maintenance of a record of the registration number issued under this section. | ||
(3) If a particular entered in the fuels register by the Agency is incorrect, the specified person to whom the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the Agency thereof accordingly. | ||
(4) The Agency shall, upon becoming aware that any particular entered in the fuels register is incorrect or has ceased to be correct, make such alterations to that register as it considers necessary. | ||
Authorised person for purpose of fuels register | ||
22F.(1) An authorised person shall have and may exercise all the powers conferred on an authorised person under section 13 of the Environmental Protection Agency Act 1992 for any purpose connected with the functions conferred on the Agency under sections 22A to 22E. | ||
(2) A person who— | ||
(a) refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section, | ||
(b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him or her by this section, | ||
(c) gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or | ||
(d) fails or refuses to comply with any requirement of this section, | ||
shall be guilty of an offence. | ||
(3) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or where he or she has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant authorising such entry. | ||
(4) The Minister may make regulations for the purposes of this section. | ||
(5) Without prejudice to the generality of subsection (4), regulations under this section may provide for all or any of the following matters: | ||
(a) the taking of samples and the carrying out of tests, examinations and analyses; | ||
(b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses; | ||
(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given. | ||
(6) Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown. | ||
(7) In this section ‘authorised person’ means an authorised person within the meaning of the Environmental Protection Agency Act 1992 standing appointed under that Act for the time being.”. | ||
(2) (a) A person with existing registration (in this subsection referred to as “existing registration”) on a register established and maintained by the Agency in accordance with the Regulations of 2012 on the coming into operation of subsection (1) shall, subject to paragraph (b), on that coming into operation be deemed registered on the fuels register under and in accordance with Part IA of the Act of 1987. | ||
(b) The period of time for which a registration referred to in paragraph (a) shall have effect shall be for any unexpired part of the period of the existing registration but in any event shall not exceed— | ||
(i) in the case of a bagging operator, within the meaning of the Regulations of 2012, the period of 12 months from the coming into operation of subsection (1), or | ||
(ii) in the case of a solid fuel supplier, within the meaning of the Regulations of 2012, the period of 24 months from the coming into operation of subsection (1). | ||
(c) In this subsection “Regulations of 2012” means the Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 ( S.I. No. 454 of 2012 ). |