STATUTORY INSTRUMENTS

S.I. No. 498 of 2003

PROTECTION OF THE ENVIRONMENT ACT 2003 (COMMENCEMENT)(NO. 3) ORDER 2003

S.I. No. 498 of 2003

Protection of the Environment Act 2003 (Commencement) (No. 3) Order 2003

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 2 of the Protection of the Environment Act 2003 ( No. 27 of 2003 ), hereby orders as follows:

1.         This Order may be cited as the Protection of the Environment Act 2003 (Commencement) (No. 3) Order 2003.

2.         On 22 October 2003, the following provisions of the Protection of the Environment Act 2003 shall come into operation:

a) Subsection (2) of section 1;

b) Sections 10, 11, 12, 13 and 14;

c) Subsection (1)(a) of section 20; and

d) Sections 22, 23, 24, 25, 29, 34, 46, 47, 48, 49 and 50.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order brings into effect specified provisions of the Protection of the Environment Act 2003 relating to environmental enforcement including increases in fines, use of modern information storage devices for gathering of evidence on site, service of notices, EPA supervision of local authorities and environmental inspections. In addition, it commences provisions which provide, for the purposes of prosecutions, unless the contrary can be shown, that it will be a reasonable inference, in certain circumstances, that the land owner consented to the use of land for an illegal waste activity, and where a waste licence was not in force or not complied with in any respect by a holder of waste, that the carrying on of the activity was likely to cause environmental pollution. The Order also commences a provision enabling the EPA to determine, where a waste activity is carried on in a facility associated or connected with an IPPC licensable activity, that a licence under the Environmental Protection Agency Acts or the Waste Management Acts, but not under both codes, shall be required. Finally, provision is made for the charging of interest on late payments of environmental levies.