Circular Economy and Miscellaneous Provisions Act 2022

PART 6

Amendment of Environmental Protection Agency Act 1992

Amendment of section 87 of Environmental Protection Agency Act 1992

41. Section 87 of the Environmental Protection Agency Act 1992 is amended—

(a) in subsection (1A), in paragraph (b) of the definition of “application for permission”, by the insertion of “181(2A),” after “177AE,”,

(b) in subsection (1B)—

(i) by the insertion of “or that involves development that is carried out or is proposed to be carried out by or on behalf of a Minister of the Government pursuant to an order made, or proposed to be made, under section 181(2)(a) of the Act of 2000 (in this section referred to as a ‘section 181(2)(a) order’),” after “grant of permission is required”,

(ii) in paragraph (a)(ii), by the insertion of “or was exempted, in accordance with that Act, from being so required” after “Act of 2000”, and

(iii) in paragraph (b)—

(I) by the insertion of “, or where a section 181(2)(a) order has been made, a copy of that order,” after “by the planning authority concerned or An Bord Pleanála”, and

(II) in subparagraph (ii), by the insertion of “or was exempted, in accordance with that Act, from being so required” after “Act of 2000”,

(c) by the substitution of the following subsection for subsection (1C):

“(1C) Where an application for a licence is made to the Agency in respect of an activity referred to in subsection (1B) but the applicant does not comply with that subsection, the Agency shall refuse to consider that application and shall inform the applicant accordingly.”,

(d) in subsection (1D), by the substitution of the following paragraph for paragraph (d):

“(d) ensure that—

(i) a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence, or

(ii) a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for the licence relates or An Bord Pleánala has refused to grant approval under section 181(2L) of the Act of 2000 in respect of the development before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence.”,

(e) in subsection (1E)—

(i) in paragraph (a)(i), by the insertion of “or by an approval granted under section 181(2L) of the Act of 2000, as the case may be,” after “referred to in subsection (1B)(b) ”, and

(ii) in paragraph (a) (ii), by the insertion of “or an approval granted under section 181(2L) of the Act of 2000, as the case may be,” after “referred to in subsection (1B)(b) ”,

(f) in subsection (2), by the insertion of the following paragraph after paragraph (aa):

“(ab) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,”, and

(g) in subsection (8) (a)—

(i) in subparagraph (iia), by the substitution of “An Bord Pleanála,” for “An Bord Pleanála.”, and

(ii) by the insertion of the following subparagraph after subparagraph (iia):

“(iib) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,”.