, Wexford): I move:
That Dáil Éireann approves the following Order in draft:
Environmental Protection Agency (Extension of Powers) Order, 1994.
a copy of which order in draft was laid before the Dáil on 21st June, 1994."
The Environmental Protection Agency (Extension of Powers) Order, 1994, laid in draft before this House is designed to extend to the agency in relation to licensed activities, a number of the enforcement powers already available to local authorities under air and water pollution legislation. The agency already has extensive enforcement powers under its own legislation, the Environmental Protection Agency Act, 1992, in respect of the integrated pollution control licences which it will issue. This order will supplement and complement those powers; it will give the agency a wider framework of action in relation to licensed activities as envisaged under sections 100 and 101 of the Act.
I would like to place today's draft order in context for the House. Last April I made regulations providing for the commencement of integrated pollution control licensing by the Environmental Protection Agency. The licensing regulations provide that new activities in eight of the 13 classes of activity scheduled in the Environmental Protection Agency Act require integrated licences from the Environmental Protection Agency on or after 16 May 1994. Classes of new activity for which Environmental Protection Agency licences are now required include chemicals, minerals, energy, food and drink, waste, wood, paper, textiles and leather.
In April last, I also made an order identifying large-scale manufacture of pesticides, pharmaceutical or veterinary products, and the incineration of hazardous waste as the first priorities among established activities to be subject to Environmental Protection Agency control from 1 September 1994. I intend that new activities in the remaining classes scheduled in the Act, and existing activities in all classes, will be phased into the Environmental Protection Agency licensing system on a progressive basis. In the initial phases of licensing, I am satisfied that a focused approach is the right one, so that the anticipated level of activity matches the build-up of Environmental Protection Agency competences in this complex area, and that there will be no delays in processing new licence applications. It is my intention to closely monitor the early performance of the licensing system and the capacity of the agency to deal with further categories of activity.
Since formal establishment of the agency in July 1993 considerable progress has been made in building up its organisational capacity. The agency now has 102 staff based in its temporary headquarters in Wexford, Dublin and other regions. In 1994 it had a budget of £4.4 million, exclusive of any licence fee income, for its day to day operation. There is a substantial body of work underway in the four divisions of the organisation. In addition to the range of functions previously undertaken by the Environmental Research Unit, the agency has, for example, commenced preparation of a state of the environment report with a view to publication of a full report next year. It has also advanced preparation of national hydrometric and environmental monitoring programmes and of guidelines for local authorities in relation to sewage treatment and landfill sites. Data have already been published in respect of drinking water and river water quality. With the start-up of licensing, the development of monitoring systems and advisory services, its liaison with the newly established European Environmental Agency, and its obligations to provide public access to environmental information, the agency will place particular emphasis on establishment of environmental data bases.
Integrated pollution control licensing has introduced a new concept into Irish environmental management. It goes beyond the traditional framework of pollution control by providing for one licence to cover air, water, waste and noise. Recognising the interdependence of environmental media, IPC licensing seeks to prevent or solve pollution problems without transferring them from one medium to another. In carrying out its licensing and other functions the agency must have regard to the need to promote sustainable and environmentally sound development, the need for precaution in relation to the potentially harmful effects of emissions, the polluter pays principle and the balance to be achieved between environmental protection and economic and social development.
The Environmental Protection Agency Act and the licensing regulations make comprehensive and detailed provision for licence application and review procedures; substantial work has been undertaken by the agency to facilitate a smooth transition to the new regulatory framework. The agency will license activities on the basis that best available technology not entailing excessive cost — BATNEEC — will be used to prevent or eliminate, or where that is not practicable, to limit, abate or reduce emissions. In defining BATNEEC, pollution prevention techniques, including cleaner technologies and waste minimisation, are emphasised, rather than end of pipe treatment. BATNEEC notes are being prepared and will be published by the agency to provide guidance to license applicants and other interested parties. Draft notes for the chemical, waste and energy sectors have already been widely circulated by the agency for comment. A guide to the implementation and enforcement of IPC licensing has been published and the agency is now holding regional seminars at six locations to promote a clear understanding and appreciation of its licensing function. A small number of licence applications which had been with local authorities at the commencement date of 16 May have been transferred to the agency and pre-application discussions have been held with 19 companies.
The Environmental Protection Agency already has significant enforcement powers in respect of new and existing licences held by established activities in the transitional period from the date of application to the agency until a licence is granted. In effect, when an established activity becomes licensable, the agency takes over responsibility for the enforcement of current air and water licences or waste permits held by that activity.
For the purposes of ensuring that existing licence or permit conditions are met in the transitional period between the application for, and the granting of an IPC licence, relevant enforcement provisions of air, water and waste legislation were already extended to the agency under the licensing regulations.
Once a licence is granted by the agency, the conditions of the licence are fully enforceable by the agency. Deputies will be aware that the Act grants very extensive discretion to the agency in regard to the kind of conditions which may be attached to a licence, and that failure to comply with any condition is an offence under the Act. The legal processes already available to the agency under the Act to pursue non-compliance include summary prosecution or indictment; conviction on indictment carries heavy penalties — a fine of up to £10 million, or imprisonment for up to ten years or both fine and imprisonment. The agency has made clear that a strong and active policy will be adopted in relation to enforcement of licence conditions, with pursuit of legal processes where clear breaches occur.
Access to relevant pollution control provision of the air and water pollution acts, as provided for under the draft order now before the House, will strengthen and extend the enforcement powers of the agency in relation to licensed activities. I have brought forward the order so that the agency can act, if necessary, within the wider context of air and water pollution legislation as soon as it has issued its first IPC licence.
The powers being extended to the agency include application to the High Court for an order requiring the prohibition, termination or reduction of a discharge or emission, and in the event of non-compliance, the agency may undertake the actions specified in the court order and recover its costs from the offender; the service of notices specifying the measures, and the periods within which they shall be undertaken, necessary to prevent air or water pollution; prosecution of offences under general prohibitions on air and water pollution that is from emissions or circumstances not dealt with in the integrated licence; entry, inspection, monitoring, the gathering of information and prosecutions for the purposes of the proposed extended powers and the recovery of the agency's costs of taking proceedings and the payment of fines to the agency in certain circumstances.
This proposed comprehensive package of enforcement powers, together with the substantial powers and penalties already contained in the Environmental Protection Agency Act, 1992, will complete the process in providing the agency with the teeth necessary to carry out its functions effectively under any circumstances. I strongly commend the resolution approving of the Draft Order to this House.