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7 1992

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992

PART VI

Miscellaneous

Regulations for control of noise.

106. —(1) The Minister may, following consultation with any Minister of the Government who in the opinion of the Minister is concerned and with the Agency, make regulations for the purpose of the prevention or limitation of any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following—

(a) controlling sources of noise,

(b) (i) specifying maximum limits for noise either generally or in specified areas or classes of areas,

(ii) specifying maximum limits for noise emissions, from or into premises or classes of premises, either generally or at specified periods, or

(iii) specifying maximum limits of noise levels in prescribed premises,

(c) regulating the operation, including licensing, of trades, processes or works, including the timing and control of movements of vehicles and the operation of engines and plant which are, or may be, sources of noise,

(d) limiting or prohibiting the use of loudspeakers in or adjoining public places, including different provisions for different places or classes of places and at different times, and subject to such exceptions as may be specified,

(e) the measurement of noise and the investigation of noise effects, or

(f) the imposition of charges or the payment of fees for the purposes of the regulations or for services performed thereunder.

(3) The Act of 1963 is hereby amended by the addition at the end of Part IV of the Third Schedule of the entry: “14. Securing the reduction or prevention of noise.”.

Power of local authority or Agency to require measures to be taken to prevent or limit noise.

107. —(1) Where it appears to—

(a) a local authority in relation to any premises, processes or works, other than an activity for which a licence is required under Part IV , or

(b) the Agency in relation to an activity for which a licence is required under Part IV but has not been issued,

that it is necessary to do so for the prevention or limitation of noise, the local authority or the Agency, as the case may be, may serve a notice on the person in charge.

(2) A notice pursuant to this section shall indicate requirements for the prevention or limitation of the noise and may—

(a) specify the measures which appear to the local authority or the Agency, as the case may be, to be necessary in order to prevent or limit the noise,

(b) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or limit the noise, and

(c) specify a period, which the local authority or the Agency, as the case may be, considers reasonable in all the circumstances of the case, within which such measures are to be taken.

(3) A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority or the Agency, as the case may be, concerning the terms of the notice, and the local authority or the Agency, as the case may be, having considered any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation.

(4) A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(5) If a person on whom a notice under this section has been served by a local authority or the Agency, as the case may be, does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice or the notice as amended, the local authority or the Agency, as the case may be, may take such steps as it considers reasonable and necessary to secure compliance with the notice and may recover any costs and expenses thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.

(6) It shall be a good defence, in a prosecution for a contravention of this section in the case of noise caused in the course of a trade or business, for the accused to prove that—

(a) he took all reasonable care to prevent or limit the noise to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or

(b) the noise is in accordance with—

(i) the terms of a licence under this Act, or

(ii) regulations under section 106 .

(7) A register of notices issued, amended or revoked by the local authority or the Agency shall be kept at the office of the local authority or the Agency, as the case may be, and be available for public inspection free of charge during office hours and copies of entries shall be provided on request to any person on payment by him to the local authority or the Agency, as the case may be, of such fee (if any) as the local authority or the Agency, as the case may be, shall fix not exceeding the reasonable cost of making the copy.

Noise as a nuisance.

108. —(1) Where any noise which is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to a person in any premises in the neighbourhood or to a person lawfully using any public place, a local authority, the Agency or any such person may complain to the District Court and the Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned shall comply with such order.

(2) It shall be a good defence, in the case of proceedings under subsection (1) or in a prosecution for a contravention of this section, in the case of noise caused in the course of a trade or business, for the accused to prove that—

(a) he took all reasonable care to prevent or limit the noise to which the complaint relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or

(b) the noise is in accordance with—

(i) the terms of a licence under this Act, or

(ii) regulations under section 106 .

(3) Before a complaint is made to the District Court under subsection (1) the local authority or the person concerned, as the case may be, shall serve a notice in the prescribed form of the intention to make such a complaint, within such time as may be specified in the notice, on the person alleged to have made or have caused or have been responsible for the noise.

(4) This section shall not apply to noise caused by—

(a) aircraft, or

(b) such statutory undertaker or local authority, as may be prescribed, in the exercise of powers conferred on it by or under any enactment in such circumstances as may be prescribed.

Safety, Health and Welfare at Work Act, 1989.

109. —The provisions of sections 106 , 107 and 108 shall be without prejudice to the provisions of the Safety, Health and Welfare at Work Act, 1989 .

Access to information on the environment.

110. —(1) The Minister shall, following consultation with any other Minister of the Government who in the opinion of the Minister is concerned, make regulations for the making available by such public authorities as may be specified of specified information relating to the environment to any person upon request and, in particular, for the purpose of giving full effect to Council Directive 90/313/EEC1 .

(2) Without prejudice to the generality of subsection (1), regulations may provide for all or any of the following—

(a) the type, format or subject matter of specified information or specified classes of information to be made available,

(b) the public authorities by whom information, or particular kinds of information, is to be made available,

(c) procedures, conditions and restrictions relating to the provision of information generally or of specified information,

(d) classes of circumstances in which requests for information, or specified kinds of information, may be refused,

(e) procedures for the review of a decision to refuse to provide, whether in whole or in part, information requested and the giving of directions to public authorities following such reviews, or

(f) the making of charges for the provision of information by public authorities.

(3) In this section, “information relating to the environment” means any available information in written, visual, aural or data base form on the state of water, atmosphere, soil, fauna, flora, land and natural sites, and on actions (including those which give rise to nuisances such as noise) or measures adversely affecting, or likely to so affect, these and on actions or measures designed to protect these, including administrative measures and environmental management programmes.

Genetically modified organisms.

111. —(1) The Minister may, for the purposes of environmental protection, for the prevention of danger to health or damage to property or for the preservation of amenities, and, in particular, for the purpose of giving full effect to Council Directives 90/219/EEC1 and 90/220/EEC2 , following consultation with the Minister for Industry and Commerce and any other Minister of the Government who in the opinion of the Minister is concerned, make regulations for the control, management, regulation or prohibition of any process or action or class of processes or actions, involving a genetically modified organism.

(2) Without prejudice to the generality of subsection (1), regulations may provide for all or any of the following—

(a) assignment of functions for the purposes of subsection (1), to such person (including the Minister) as may be specified,

(b) placing of duties, obligations or responsibilities on a person engaged in genetically modifying any organism or who is importing, acquiring, keeping, using or releasing to the environment any genetically modified organism or on any other person in relation to genetically modified organisms,

(c) consultation with such person, whether in or outside the State, (if any) as may be specified,

(d) licensing of a person engaged in genetically modifying any organism or who is importing, acquiring, keeping, using or releasing to the environment any genetically modified organism and prohibiting the engagement in any such actions of a person other than a licensed person,

(e) regulating, including licensing, the establishment and operation of any process or action involving a genetically modified organism and prohibiting any such process or action unless a licence has been obtained,

(f) the information including information on personnel, premises and waste management, to be furnished with an application for a licence and provision for seeking additional information as necessary to determine the application,

(g) the conditions that may or shall be attached to a licence under paragraph (d) or (e) including—

(i) the period for which the licence shall be valid,

(ii) the organisms covered by the licence,

(iii) any limitations or prohibitions regarding any process or action involving any specified organisms,

(iv) the continuation of specified conditions after a licence expires, is cancelled or suspended, or after the process or action for which a person is licensed is completed,

(v) restrictions or limits on any releases to the environment or any emissions arising from any process or action involving a genetically modified organism or specifying the methods of treatment or disposal of any releases or emissions to any environmental medium, or

(vi) arrangements for monitoring and for making available to the Minister or such other person as may be specified the results of such monitoring,

(h) specifying procedures for the grant, review, cancellation or suspension of a licence, for the making of representations relating to these matters and for the consideration of such representations,

(i) the studies and assessments to be carried out on the nature of, or the process or action involving, a genetically modified organism, the possible risks to the environment from the organism or the process or action involving the organism and the potential effects of a release of such organism whether planned or accidental,

(j) the precautions to be taken, including the setting up of bio-safety committees, the information to be provided to the public, emergency response arrangements (both on-site and off-site), the notification of emergency incidents to the proper authorities, the taking of urgent measures by those authorities for the purposes of environmental protection, for the prevention of danger to health or damage to property or for the preservation of amenities, and the recovery of the costs of such measures by those authorities, and the controls to be observed either generally or in relation to particular organisms or classes of organisms, processes or classes of processes or actions or classes of actions, involving a genetically modified organism,

(k) providing for an application to the High Court by the Minister or such other person as may be prescribed under subsection (1) for an order prohibiting or restricting any process or action involving a genetically modified organism in such circumstances as may be specified,

(l) prohibiting any specified process or action involving, or any importation, acquisition, keeping, using or releasing to the environment of, a specified genetically modified organism, or any specified genetic modification of an organism,

(m) the grant of exemptions—

(i) to a specified class of persons,

(ii) for specified research or in specified circumstances, or

(iii) as regards specified organisms or classes of organisms, processes or classes of processes or actions or classes of actions involving specified organisms or classes of organisms,

from any of the requirements of the regulations in such circumstances as are specified in relation to specified processes or actions involving a genetically modified organism and subject to such conditions as may be specified,

(n) requiring the giving of notice, the information to be included in such notice, and the period within which such notice shall be given, to the Minister or such other person, whether in or outside the State, as may be specified, regarding the introduction or modification of such process or action involving a genetically modified organism as may be specified,

(o) the keeping of records and the provision of such information as may be specified to the Minister or such other person, whether in or outside the State, as may be specified,

(p) the maintenance of a register including the information related to licences and other matters to be contained in such register, and the provision of public access to such register and any restrictions as regards confidential information,

(q) the provision of advice and the preparation and publication, or approval of guidelines and codes of practice, or

(r) the imposition of charges or the payment of fees for the purposes of the regulations or the services provided thereunder.

(3) It shall be an offence not to comply with any condition attached to a licence issued pursuant to regulations made under this section.

(4) The person in charge of any process or action involving a genetically modified organism shall use the best available technology not entailing excessive costs for the purposes of environmental protection, for the prevention of danger to health or damage to property, or for the preservation of amenities, arising from any process or action involving a genetically modified organism.

(5) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying any provision of this Act or of any other enactment) as appear to the Minister to be necessary for the purposes of, in consequence of, or to give full effect to, the regulations.

(6) For the purposes of this section an authorised person, in addition to the powers given under section 13 , may require, in relation to any premises or part of a premises which he has power to enter or in relation to any process or action or part of a process or action on such premises, or in relation to anything in or on such premises, that it should be maintained without disturbance or in such a manner as he may specify for so long as is reasonable in order to carry out his investigations or tests.

(7) In this section—

genetically modified organism” means—

(a) an organism derived from the formation of a combination of genetic material by artificial techniques, or

(b) an organism inheriting such combination of genetic material, or

(c) an organism that results from the replication of an organism described in paragraph (a), or

(d) such other matter as may be prescribed by the Minister;

organism” means any multicellular, unicellular, subcellular or acellular entity capable of replication or of transferring genetic material whether by natural or artificial processes or such other matter as may be prescribed by the Minister;

environment” includes atmosphere, land, soil, water and all living organisms;

licence” includes a consent or any other form of authorisation and cognate words shall be construed accordingly.

Register kept in computer or other non-legible form and evidence of entries.

112. —(1) The Agency may keep a register under any provision of this Act otherwise than in legible form so that the register is capable of being used to make a legible copy or reproduction (a “copy record”) of any entry in the register.

(2) In any proceedings a certificate signed by an officer of the Agency, stating that a copy record of an entry in a register under a specified provision of this Act has been made in accordance with subsection (1) shall be evidence of the fact of the making of the entry and that the copy or reproduction of the entry attached to the certificate is a true copy record of the entry until the contrary is shown.

(3) A document purporting to be a certificate under subsection (2) shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.

(4) In any proceedings any copy record may be given in evidence and shall be prima facie evidence of any fact therein stated:

Provided that the court is satisfied of the reliability of the system used to make the copy record and the original entry on which it was based.

Increase of certain penalties.

113. —(1) A person convicted of an offence for which a penalty, forfeiture or fine is provided in a section specified in column (2) of the Table to this section of an Act specified in column (3) of that Table at a particular reference number in column (1) of that Table shall, (subject to subsection (2)), in lieu of any monetary penalty, forfeiture or fine so provided, be liable to a fine not exceeding the maximum fine specified in column (4) of that Table at that reference number, and the sections and Acts specified in columns (2) and (3) of that Table shall be construed and have effect accordingly.

(2) (a) Where a penalty, forfeiture or fine is expressed in any section specified in column (2) of the Table as being for a day, each contravention to which it relates shall constitute a separate offence.

(b) Where an offence referred to in subsection (1) is described as a continuing or further offence the penalty for each day on which the contravention continues shall, in lieu of any other monetary penalty, forfeiture or fine provided in respect thereof, be a fine not exceeding £200.

(3) This section shall have effect in relation to offences committed after the commencement of this section.

TABLE

Ref No.

Section

Act

Maximum Fine

(1)

(2)

(3)

(4)

1.

55

Waterworks Clauses Act, 1847

£1,000

2.

58

Waterworks Clauses Act, 1847

£1,000

3.

60

Waterworks Clauses Act, 1847

£1,000

4.

50

The Dublin Corporation Waterworks Act, 1861

£1,000

5.

51

The Dublin Corporation Waterworks Act, 1861

£1,000

6.

17

Waterworks Clauses Act, 1863

£1,000

7.

18

Waterworks Clauses Act, 1863

£1,000

8.

19

Waterworks Clauses Act, 1863

£1,000

9.

20

Waterworks Clauses Act, 1863

£1,000

10.

70

Public Health (Ireland) Act, 1878

£1,000

11.

112

Public Health (Ireland) Act, 1878

£1,000

12.

114

Public Health (Ireland) Act, 1878

£200

13.

119

Public Health (Ireland) Act, 1878

£1,000

14.

171

Public Health (Ireland) Act, 1878

£1,000

15.

220

Public Health (Ireland) Act, 1878

£1,000

16.

272

Public Health (Ireland) Act, 1878

£1,000

17.

273

Public Health (Ireland) Act, 1878

£1,000

18.

31

Local Government (Sanitary Services) Act, 1948

£1,000

19.

33

Local Government (Sanitary Services) Act, 1948

£1,000

20.

34

Local Government (Sanitary Services) Act, 1948

£1,000

21.

37

Local Government (Sanitary Services) Act, 1948

£1,000

22.

42

Local Government (Sanitary Services) Act, 1948

£1,000

23.

44

Local Government (Sanitary Services) Act, 1948

£1,000

24.

46

Local Government (Sanitary Services) Act, 1948

£1,000

25.

47

Local Government (Sanitary Services) Act, 1948

£1,000

26.

4

Local Authorities (Works) Act, 1949

£1,000

27.

8

Local Government (Sanitary Services) Act, 1962

£1,000

28.

3

Local Government (Sanitary Services) Act, 1964

£1,000

29.

16

Local Government (Sanitary Services) Act, 1964

£1,000

O.J. No. L158/56 of 23 June, 1990.

O.J. No. L117/1 of 8 May, 1990.

O.J. No. L117/15 of 8 May, 1990.