Environmental Protection Agency Act, 1992

Special cases.

95.—(1) The Minister may, by order, require that any process, development or operation not specified in the First Schedule shall be licensable by the Agency under this Part in lieu of being the subject of—

(a) a licence under—

(i) Part III of the Air Pollution Act, 1987 ,

(ii) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or

(iii) section 171 of the Fisheries (Consolidation) Act, 1959 ,


(b) a permit under—

(i) the European Communities (Toxic and Dangerous Waste) Regulations, 1982 , or

(ii) the European Communities (Waste) Regulations, 1979,

and in such case the provisions of this Act shall apply in relation to the process, development or operation concerned as if it were an activity for so long as the relevant order remains in force.

(2) Without prejudice to the generality of subsection (1), an order may be made—

(a) because of the location of the process, development or operation, or the quality of the environment in the area in which the process, development or operation will be carried out,

(b) because, at the time of the enactment of this Act or the most recent amendment of the First Schedule , no such process, development or operation existed in the State, or

(c) evidence related to any impact on the environment of such process, development or operation which was not available has become available.