The Gazette 1994

GAZETTE

MARCH 1994

authorised person constitutes an

offence.

Investigations and reports

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.

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.

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.

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

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

concentrate on stricter planning and

development issues.

The Act has introduced enormous

potential to counter environmental

degratation.

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.

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.

Other aspects

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).

Conclusions

The EPA Act projects onto the

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

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

promotion and coordination of

research and liaison with the

European Environment Agency.

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.