S.I. No. 239/1996:

ENVIRONMENTAL PROTECTION AGENCY (LICENSING FEES) (AMENDMENT) REGULATIONS, 1996

ENVIRONMENTAL PROTECTION AGENCY (LICENSING FEES) (AMENDMENT) REGULATIONS, 1996

The Minister for the Environment, in exercise of the powers conferred on him by sections 6 , 82 and 94 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), hereby makes the following Regulations:

1. These Regulations may be cited as the Environmental Protection Agency (Licensing Fees) (Amendment) Regulations, 1996.

2. These Regulations shall come into operation on the 3rd day of September, 1996.

3. The Environmental Protection Agency (Licensing Fees) Regulations, 1994 [ S.I. No. 130 of 1994 ], are hereby amended:--

(a) by the substitution for the definition of "large activity" in article 3(3) thereof of the following definition

'"large activity" means

(a) in relation to an activity to which Part IV of the Act applies, other than an activity specified in paragraph 6 of the First Schedule to the Act

-- an activity, being an established activity or an activity which is the subject of a review of a licence or revised licence under section 88 of the Act, which has more than 50 employees and other persons working or engaged in connection with the activity on the date after which a licence is required by that activity under section 82(2) of the Act or the date a notice is given under section 85(1) (b) of the Act, as appropriate, or during normal levels of operation, whichever is greater,

-- in any other case, an activity where the capital cost to which the application relates exceeds £3 million,

(b) in relation to an activity to which paragraph 6 of the First Schedule to the Act applies

-- an activity mentioned in paragraph 6.1 where the capacity exceeds 100,000 units,

-- an activity mentioned in paragraph 6.2 where the capacity exceeds 4,000 units;

(b) by the substitution for the definition of "small activity" in Article 3(3) thereof of the following definition

'"small activity" means

(a) in relation to an activity to which Part IV of the Act applies, other than an activity specified in paragraph 6 of the First Schedule to the Act

-- an activity, being an established activity or an activity which is the subject of a review of a licence or revised licence under section 88 of the Act, which has not more than 50 employees and other persons working or engaged in connection with the activity on the date after which a licence is required by that activity under section 82(2) of the Act or the date a notice is given under section 85(1) (b) of the Act, as appropriate, or during normal levels of operation, whichever is greater,

-- in any other case, an activity where the capital cost to which the application relates does not exceed £3 million,

(b) in relation to an activity to which paragraph 6 of the First Schedule to the Act applies

-- an activity mentioned in paragraph 6.2 where the capacity does not exceed 4,000 units.'.

4. The Environmental Protection Agency (Licensing Fees) Regulations, 1994 [ S.I. No. 130 of 1994 ], as amended by the Environmental Protection Agency (Licensing Fees) (Amendment) Regulations, 1995 [ S.I. No. 60 of 1995 ], are hereby amended by the subs0titution for the Schedule thereto of the following Schedule:

"

SCHEDULE

Given under the Official Seal

of the Minister for the Environment

this 2nd day of August, 1996.

BRENDAN HOWLIN

______________________

Minister for the Environment.

The Minister for Finance hereby consents, in accordance with section 94(3) of the Act, to these Regulations.

Given under the Official Seal

of the Minister for Finance

this 2nd day of August, 1996.

RUAIRÍ QUINN

________________

Minister for Finance.

The Minister for Enterprise and Employment hereby consents, in accordance with section 94(3) of the Act, to these Regulations.

Given under the Official Seal

of the Minister for Enterprise and Employment

this 2nd day of August, 1996.

RICHARD BRUTON

_______________________________

Minister for Enterprise and Employment.

EXPLANATORY NOTE

These Regulations amend the Environmental Protection Agency (Licensing Fees) Regulations, 1994 ( S.I. No. 130 of 1994 ), as amended by the Environmental Protection Agency (Licensing Fees) (Amendment) Regulations, 1995 ( S.I. No. 60 of 1995 ), by

-- amending the definition of "large activity" and "small activity" in the interpretation of the Regulations and by

-- substituting for the schedule to those Regulations a schedule which includes fees payable to the Agency for applications for licences, reviews of licences or revised licences, and objections, in respect of the full range of activities in the First Schedule to the Environment Protection Agency Act, 1992.