The Gazette 1994

GAZETTE

MARCH 1994

authorised person constitutes an offence.

concentrate on stricter planning and development issues. 15

Conclusions

The EPA Act projects onto the 1 Agency the leading national role in protecting the State's environment. In addition to its bread and butter licensing control, monitoring and advisory functions, there are two further aspects of the EPA's activities which should be closely observed. First, as the Act clearly states, the EPA is competent to take direct action, not only on cases of actual pollution but on all matters concerned ' with environmental protection. After I its section 104 initiation in Ringaskiddy, the Agency will 1 undoubtedly be working at the | heart of investigations into future incidents with environmental ! repercussions. Second, the EPA is authorised to accumulate the widest range of information. Armed with this power, the Agency will be in a position to disseminate large volumes of data and documentation to professionals, researchers, enterprises and the general public. As such, it is the ideal catalyst in opening up lines of communication between all environmental players. From this author's perspective, this information aspect will be the most exciting development in Irish environmental law, policy and administration in the years to come. References 1. Environmental Protection Agency (Establishment) Order (SI No. 213/1993), 22 July 1993. This order established the EPA on 26 July 1993. 2. Other stipulated functions are the 3. See section 5. BATNEEC is a policy compromise between the use of best available technology (BAT) and the resources which are available to counteract a given type of environmental degradation. The broad purpose of BATNEEC is to provide a technical yardstick in language which will be understood by researchers, innovators, producers and authorities alike. promotion and coordination of research and liaison with the European Environment Agency.

Investigations and reports

The Act has introduced enormous potential to counter environmental degratation.

Where a pollution incident occurs, or a matter of environmental protection j needs to be examined, the Act has laid down important provisions. Section 104 empowers the EPA to hold investigations into specific occurrences of pollution to uncover the circumstances surrounding their causes. 12 On concluding an investigation, the EPA may draw up a special report. Any report is to be transmitted to the Minister and may ! be published at the Agency's discretion. The investigative powers granted to the EPA under section 105 are more sweeping. Where a pollution incident has occurred, or where a matter of environmental protection is at stake, the EPA may set an inquiry in train. 11 A section 105 inquiry is conducted by a person appointed by the EPA. In order to perform the requisite duties, that person is conferred with wide : statutory powers including the right to enter onto premises, summons witnesses, discover documents and administer oaths. Persons not complying with the proper inquiries of the EPA shall be guilty of an offence (section 105(4)) and consequently subject to section 9 penalties. On the conclusion of the inquiry a report is to be drawn up. Again, its publication is at the Agency's discretion.

Transfer of functions - the example of waste

Local authorities retain their prominent role in the collection and disposal of domestic, business and certain industrial wastes. Nevertheless, the EPA shall exercise strong control over landfill policy and practice. The Agency is to both impose and monitor criteria and procedures for the selection and operation of landfill sites (section 62). Further modifications to the local authority waste management role may in future be sanctioned by the Minister who is empowered to transfer to the EPA functions in respect of the hazardous waste regulations listed in the Second Schedule to the Act. 16 This is a particularly interesting aspect of the relationship between the EPA and local authorities. These transfers are an indication of the progressive vesting in the EPA of responsibility for higher risk economic activities. This is a desirable trend as, even in the short term, it will be the EPA's mandate to develop a professional expertise on these more specialist matters of environmental protection. In the fields of air and water quality, competences may be vested by Ministerial order in the Agency, including the power to draw up management plans (section 102) and the exercise of certain powers under complementary pollution legislation (sections 100 and 101). The EPA also performs a watchdog role with respect to the statutory functions and monitoring activities of local authorities. Accordingly, it may make recommendations, provide assistance and ultimately direct certain courses of action (sections 63 and 68). Other aspects

The Relationship between the EPA and Local Authorities

The planning

process

The establishment of the EPA has created a complex interaction of Agency and local 14 functions. The most striking impact of the EPA Act on local government will be on the planning process. Up to now, air emission and effluent licences and waste permits have been granted by planning authorities. The allocation of IPC licensing to a specialised agency will relieve the authorities of these complex duties, permitting them to

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