Environmental Protection Agency Act, 1992

Transitional arrangements.

99.—(1) Where the Agency proposes to grant a licence or revised licence in respect of an established activity for which—

(a) a licence has been granted 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 ,

or

(b) a permit has been issued under—

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

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

the Agency shall, if the licence or revised licence under this Part is being granted during the period of three years from the grant of a licence under paragraph (a) or the issue of a permit under paragraph (b), have regard to the conditions (if any) attached to such licence or permit and the costs in relation to the activity which would be incurred if different conditions were attached to the licence or revised licence to be granted by the Agency.

(2) On and after the commencement of this section the Agency shall ensure that an activity for which a licence is required under this Part is carried on in accordance with the enactments mentioned in subsection (1) until a licence under this Part is granted in respect of the activity and any reference to a local authority, sanitary authority or the Minister for the Marine in any licence or permit or any conditions attached to a licence or permit issued under the above-mentioned enactments in relation to such activity shall be deemed to be a reference to the Agency.

(3) The Minister may, for the purposes of subsection (2), make regulations providing that any provision of the enactments mentioned in subsection (1) as are specified in the regulations shall, to such extent as may be so specified, be exercisable by the Agency in lieu of the local authority, sanitary authority or the Minister for the Marine in relation to the activities concerned.

(4) Where, immediately before the commencement of section 82 , there is an application for a licence or permit, or a review of a licence or permit, to which subsection (1) relates in respect of an activity for which a licence under that section is required, and the application or review has yet to be determined, the application or review shall be dealt with and decided under this Part by the Agency as if it were an application to the Agency for a licence, or a review by the Agency of a licence, under this Part and the local authority or sanitary authority or the Minister for the Marine, as the case may be, shall furnish the Agency, within a period of one month from the commencement of section 82 or fourteen days from the date of a request from the Agency for any documents or information, whichever shall be the later, with all such documents and information in its or his possession as it may require for this purpose.

(5) The day or the last of the days, as may be appropriate, on which all the documents and information referred to in subsection (4) are furnished to the Agency in accordance with that subsection by the local authority, sanitary authority or the Minister for the Marine, as the case may be, shall, in relation to an application for a licence or permit, be deemed to be the date of an application for a licence under this Part.

(6) Notwithstanding the provisions of this section, this Part shall not apply to an activity where an appeal to An Bord Pleanála under section 34 of the Air Pollution Act, 1987 , or section 8 or 20 of the Local Government (Water Pollution) Act, 1977 , as inserted by the Local Government (Water Pollution) (Amendment) Act, 1990 , has been or may still be made, until the time for making the appeal has expired or the appeal has been determined or withdrawn and the licence (if any) issued, as the case may be.