Environmental Protection Agency Act, 1992

Performance of statutory functions by local authorities.

63.—(1) Where the Agency is of opinion that a local authority has failed to perform a statutory function of that authority in relation to environmental protection, or has performed that function in an unsatisfactory manner, the Agency may request a report within a specified period from the authority in relation to the matter and the local authority shall comply with the request.

(2) The Agency, having considered any report of the local authority may, with a view to ensuring the satisfactory performance of the function in question—

(a) issue such advice and recommendations to the local authority as it considers necessary, or

(b) provide, on such terms and conditions as may be agreed, such assistance or support as the Agency considers, in consultation with the local authority concerned, would be helpful.

(3) (a) Where the Agency is of the opinion that the response of the local authority to advice or recommendations issued or assistance or support offered under subsection (2) is inadequate for the purposes of environmental protection it may, without prejudice to any of its powers under this Act or any other enactment, direct the local authority to carry out, cause to be carried out, or arrange for, such action related to the function in question as the Agency considers necessary for the purposes of environmental protection within such period as may be specified.

(b) Where a local authority fails without reasonable cause to comply with a direction under paragraph (a) the Agency shall carry out, cause to be carried out, or arrange for, such action related to the function in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction

(c) The Agency shall not give a direction under paragraph (a) unless the local authority, with due regard to its other statutory functions, has the necessary funds to comply with the direction or those funds can reasonably be made available by it.

(4) Nothing in this section shall be construed as enabling the Agency to exercise any power or control under this section in relation to the making of a decision on an application for a permission under Part IV of the Act of 1963.

(5) In this section “local authority” has the meaning assigned to it by the Local Government Act, 1941 .