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S.I. No. 278 of 2006
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ENVIRONMENTAL PROTECTION AGENCY
(LICENSING FEES) (AMENDMENT) REGULATIONS 2006
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The Minister for the Environment, Heritage
and Local Government, in exercise of the powers conferred on him by sections
6 and 99A of the Environmental Protection Agency Act 1992 (No. 7 of 1992)
(as amended by the Protection of the Environment Act 2003 (No. 27 of 2003))
hereby makes the following Regulations:-
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Citation
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1. (a) These
Regulations may be cited as the Environmental Protection Agency (Licensing
Fees) (Amendment) Regulations 2006.
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(b) These
Regulations, the Environmental Protection Agency (Licensing Fees)
Regulations 1994, the Environmental Protection Agency (Licensing Fees)
(Amendment) Regulations 1996 and the Environmental Protection Agency
(Licensing Fees) (Amendment) Regulations 2004 may be cited together as the
Environmental Protection Agency (Licensing Fees) Regulations 1994 to 2006.
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Commencement
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2. These Regulations shall come into operation
on 1 June 2006.
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Interpretation
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3. In these Regulations, unless the context
otherwise requires-
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“the Regulations of 1994” means the Environmental Protection Agency
(Licensing Fees) Regulations 1994;
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“the Regulations of 1996” means the Environmental Protection Agency
(Licensing Fees) (Amendment) Regulations 1996;
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“the Regulations of 2004” means the Environmental Protection Agency
(Licensing Fees) (Amendment) Regulations 2004.
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Insertion of
article 7D into the Regulations of 1994
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4. The Regulations of 1994 are amended by
inserting after article 7C (as inserted by the Regulations of 2004) the
following-
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“Fee for review of a licence or revised licence pursuant to a
determination by the Agency under section 82(10)(b) of the Act
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7D (1) A fee shall be paid to the
Agency by a licensee in respect of a review of a licence or revised licence
pursuant to a determination by the Agency under section 82(10)(b) of the
Act.
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(2) The fee payable under sub-article (1) shall
be either of the amounts, as appropriate, indicated in column (3) of Part I
of the Schedule opposite the relevant activity or class of activity in
column (1) of Part I of the Schedule.”.
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Substitution
for article 9 of the Regulations of 1994
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5. The Regulations of 1994 are amended by
substituting for article 9 the following-
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“Refund or waiver of fees
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9. (1) Notwithstanding any other provision of
these Regulations, the Agency shall have an absolute discretion to refund or
waive the fee payable in accordance with these Regulations where it is
satisfied that payment in full of the fee would not be just and reasonable.
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(2) A decision under sub-article (1) shall
contain a statement specifying the reasons for the decision.”.
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Amendment of
Schedule to the Regulations of 1994
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6. The Schedule to the Regulations of 1994, (as
substituted by the Regulations of 1996 and amended by the Regulations of
2004) is amended by substituting for the heading of column (3) of Part I the
following-
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“Amount of fee for a review of a licence or revised licence or an
application for the surrender of a licence or revised licence (articles 6,
7B and 7D)”.
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Revocations
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7. Articles 10, 11, 12 and 13 of the Regulations
of 1994 are revoked.
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GIVEN under the Official Seal of the
Minister for the Environment, Heritage and Local Government this 25th
day of May 2006.
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L.S.
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Dick Roche
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Minister for the Environment, Heritage and
Local Government.
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The Minister for Finance hereby consents, in accordance with section
99A of the Act, to these Regulations.
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GIVEN under the Official Seal of the
Minister for Finance this 26th day of May 2006.
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L.S.
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Brian Cowen
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Minister for Finance.
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The Minister for Enterprise, Trade and Employment hereby consents,
in accordance with section 99A of the Act, to these Regulations.
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GIVEN under the Official Seal of the
Minister for Enterprise, Trade and Employment this 31st day of
May 2006.
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L.S.
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Micheál Martin
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Minister for Enterprise, Trade and
Employment.
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EXPLANATORY NOTE
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(This note is not part of the Instrument and does not purport to be a
legal interpretation)
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These Regulations extend the fee scales set in accordance with the
Environmental Protection Agency (Licensing Fees) Regulations 1994 to 2004 to
reviews of licences under section 82(10) of the Environmental Protection
Agency Act 1992 (as amended by the Protection of the Environment Act 2003 )
which are for the purposes of ensuring that licences conform with the
requirements of Council Directive 96/61/EC concerning integrated pollution
prevention and control.
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The Regulations also provide the Agency with
a more flexible framework than heretofore to abate or refund licensing fees.
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