I propose to take Questions Nos. 782 to 786, inclusive, together.
The Waste Management Act 1996 and the Waste Management (Licensing) Regulations 2004 govern the process under which waste licences are applied for and maintained. Once granted, each waste licence defines the nature of environmentally acceptable activities that can take place at a waste facility, including the acceptable types of waste that can be received. This is done by the conditions of the licence, which are set by the Environmental Protection Agency (EPA). I have no function in relation either to the setting of operating conditions, including financial provision requirements attached, or their enforcement; and under section 60(3) of the Waste Management Act 1996, as Minister, I am precluded from exercising any power or control in relation to the performance by the EPA, in particular circumstances, of a statutory function vested in it.
It is a key aspect of the legislation, passed by the Oireachtas, to establish the EPA, that the Agency is entirely independent of the Minister in the exercise of its functions. With respect to other authorisations issued by the EPA, such as industrial emissions directive and integrated pollution control licences, I am constrained by the provisions of Sections 79(3) and 86(5) of the Environmental Protection Agency Acts from becoming involved in any way with the licensing of installations under the EPA Acts or in the control of installations so licensed.
The prevention and remediation of environmental damage at contaminated sites, and from the closure of authorised activities, is a strategic priority for the EPA. To this end, operators under various authorisation regimes (such as waste, industrial emissions directive and integrated pollution control licensing) are required to make adequate financial provision for the potential environmental liabilities associated with closure and restoration/aftercare and response to, and completion of remedial measures in the event of, an incident. A range of financial instruments including secured funds, bonds, parental company guarantees and insurance policies can be used for this purpose.
Irrespective of the type of financial instrument used, all financial provisions must be:
- Secure for the duration of the licensee's obligations (including in the event of insolvency) under a licence so that funds are available to discharge the licensee's obligations;
- Sufficient to meet all of the licensee's obligations and adequate to cover the cost of closure and environmental liability risks;
- Available to the EPA when required to discharge the licensee's obligations at the relevant time.
In cases where it is proposed to transfer a licence, the proposed transferee is required to demonstrate that he/she is in a position to meet any financial commitments or liabilities incurred in carrying out the activity or in consequence of ceasing to carry on the activity. A proposed financial provision, in accordance with guidance issued by EPA, to address the financial liabilities as specified must be submitted and approved by the EPA prior to the completion of transfer of the licence.
In relation to petroleum authorisations granted, details of such are published on my Department's website www.dccae.gov.ie on a quarterly basis. In addition, I lay before the Houses of the Oireachtas, as required under Section 57 of the Petroleum and Other Minerals Development Act 1960, half yearly reports detailing all petroleum authorisations extant and granted during the period of the report. The last such report under this Act was in respect of the six-month period ending 31 December 2017. A Petroleum Lease is the form of petroleum authorisation under which oil and gas production is permitted. There are three extant Petroleum Leases i.e. the Kinsale/Ballycotton, Seven Heads and Corrib gas fields. In addition to the insurance, indemnity and joint and several liability obligations under a Petroleum Lease, the Minister requires a parent company guarantee from each of the parties to a Petroleum Lease to cover any liability arising in respect of the fulfilment of obligations arising under the Lease.
Comprehensive detail on EPA licences including the type of financial provision that each licensee has is in place is available on the EPA’s website at http://www.epa.ie/licensing/ and further information is also available from the EPA’s Office of Environmental Sustainability at Licensing@epa.ie.
Between 2013 and 2017, the landfill remediation scheme has provided funding to local authorities in respect of remedial work associated with projects licensed by the Environment Protection Agency as follows:
|
Year
|
Paid to local authorities in respect of EPA licensed sites
|
|
2017
|
€3,829,003
|
|
2016
|
€4,325,995
|
|
2015
|
€1,462,214
|
|
2014
|
€583,250
|
|
2013
|
€0
|
My Department continues to work closely with the local authorities and the EPA to ensure that all the necessary resources are in place to ensure that sites which pose a threat to our environment are addressed appropriately. In 2018, I have provided €11 million for remediation projects generally, most of which relate to the remediation of historic municipal landfills by the local authority sector.
