Dáil Éireann debate -
Wednesday, 3 Dec 2003

Vol. 576 No. 2

Written Answers. - Environmental Policy.

Richard Bruton

Question:

200 Mr. R. Bruton asked the Minister for the Environment Heritage and Local Government if his attention has been drawn to the fact that a business or agency which is required to apply to the Environmental Protection Agency for a pollution licence can continue its operations pending the assessment of the application, which can take many years, and that if it decides to withdraw the application and discontinue the operation before a decision is reached, the business or agency suffers no consequences for the years during which the operation was conducted in a hazardous way; if he has satisfied himself that this system of unhampered operation during the licence assessment is in accord with the precautionary principle in regard to environmental damage; and if he will make a statement on the matter. [29432/03]

Minister for the Environment, Heritage and Local Government (Mr. Cullen)

Section 82 of the Environmental Protection Agency Act 1992 provides, inter alia, that an activity which was in operation immediately prior to the introduction of integrated pollution control licensing may, pending determination by the agency of an application for a licence, continue in operation after the date on which a licence is required for that activity concerned, provided that, before that date, an application is made to the agency for a licence.

This provision was designed to ensure that activities could continue to operate in the period leading up to full mobilisation of the licensing system. However, the Act also makes it clear, including in section 99, that in this period any requirements imposed on the activity by other specified environmental legislation continue in force. In addition, section 85 of the Act requires the agency to give decisions on applications for licences as expeditiously as may be.

The operation of the licensing system is a matter for the agency and the Minister for the Environment, Heritage and Local Government is legally precluded from becoming involved in particular cases which fall under its remit. I am satisfied that the relevant legislative provisions are reasonable and appropriate.