Changes to legislation: as of 3 September 2024, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries here. Note that some amendments may not be in force until commenced by a commencement order or other provision.
This Revised Act is an administrative consolidation of the Environmental Protection Agency Act 1992. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Environmental Protection Agency (Designated Development) (Industrial Emissions) (Licensing) Regulations 2023 (S.I. No. 186 of 2023), made 18 April 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
Number 7 of 1992
ENVIRONMENTAL PROTECTION AGENCY ACT 1992
Updated to 18 April 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Environmental Protection Agency
Functions of the Agency
Integrated Pollution Control
Environmental Inspection Plan
General Pollution Control
Activities to which Part IV applies
Enactments in respect of which Functions may be Transferred to the Agency
Amendment of Air Pollution Act, 1987
Acts Referred to
Petty Sessions (Ireland) Act, 1851
Public Health (Ireland) Act, 1878
The Dublin Corporation Waterworks Act, 1861
Waterworks Clauses Act, 1847
Waterworks Clauses Act, 1863
European Communities Regulations Referred to
S.I. No. 30 of 1990
S.I. No. 31 of 1990
S.I. No. 221 of 1988
S.I. No. 349 of 1989
S.I. No. 81 of 1988
S.I. No. 33 of 1982
S.I. No. 248 of 1988
S.I. No. 390 of 1979
S.I. No. 108 of 1984
Number 7 of 1992
ENVIRONMENTAL PROTECTION AGENCY ACT 1992
Updated to 18 April 2023
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE PROTECTION OF THE ENVIRONMENT AND THE CONTROL OF POLLUTION, TO ESTABLISH AN ENVIRONMENTAL PROTECTION AGENCY, FOR THESE AND OTHER PURPOSES TO INCREASE CERTAIN EXISTING MONETARY PENALTIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [23rd April, 1992]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
Functions transferred and references to Department of and Minister for the Environment, Community and Local Government construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.
(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.
3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,are transferred to the Minister for Communications, Energy and Natural Resources.
(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.
Environmental Protection Agency Act 1992 (No. 7 of 1992) (other than sections 73, 99F and 99G of that Act and sections 6 and 7 of that Act insofar as those sections relate to the making of regulations or orders, as the case may be, under sections 73, 99F or 99G)
Provision for co-ordination of permit requirements for activities carried out under Act with integrated pollution prevention and control Licensing made (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 2(1).
Co-ordination with Integrated Pollution Prevention and Control Licensing
9. (1) The Agency shall ensure that where installations carry out activities that are included in Schedule 1 to the 1992 Act, the conditions of, and procedure for, the issue of a greenhouse gas emissions permit are co-ordinated with those for integrated pollution prevention and control licences provided for in the 1992 Act and the 1996 Act.
(2) The Agency may integrate the requirements of Regulations 6, 7 and 8 into the procedures for integrated pollution prevention and control licensing provided for in the 1992 Act and the 1996 Act.
Application of Act and collectively cited Environmental Protection Agency Acts 1992 and 2003 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies
Review of existing plans
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
General provisions regarding licences etc
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.