When applying to the Environmental Protection Agency (EPA) for an IPPC licence, you must satisfy a number of legislative requirements. These are largely set out in:
The application process involves a number of stages:
Before making an application you must:
The content of the notices is set out in the EPA (Licensing) Regulations, 1994 (S.I. No. 85 of 1994)
This stage includes EPA assessment of the the application and submissions on the application. In making an application, make sure that:
We have eight weeks to assess your application before making a "proposed determination".
The eight-week period only starts when the necessary request(s) have been complied with. This period may be extended in certain circumstances, including by agreement with the applicant/licensee.
Before making a proposed determination we must take into account any written submissions received.
We are required to indicate how we propose to determine an application, and will:
Any person or body (including the applicant for a licence or a licensee) can make an objection within 28 days of the proposed determination being issued.
The applicant and those submitting a valid objection will be issued with a copy of all valid objections. Submissions in relation to an objection can be made within one month of copies of the objection being circulated.
We cannot consider submissions on objections received after this one-month period, and cannot consider further submissions or elaborations.
We do, however, have the discretion, in the interests of justice and where in particular circumstances we consider appropriate, to request a party to an objection to make a submission in relation to any matter arising in the course of the objection.
Where appropriate, we may request a party to an objection to submit further information within a specified period.
Where no valid objection is made within the prescribed period, we will issue our decision as per the Proposed Determination.
A person making a valid objection may request an oral hearing.
In arriving at our decision, we will consider the application and all objections, submissions received and, where an oral hearing has been held, the report and recommendation of the person/s who conducted the hearing.
When a final determination (decision) has been made, we will notify:
The decision will be made available for inspection on this website and published in a newspaper circulating in the area. Waivers and refunds for applications and objections of the fees may be allowed in certain limited circumstances.
Once a Decision has issued, a person can apply to the High Court and seek a judicial review of the validity of the Decision. Please see Stage 7 below.
What is a judicial review? Judicial review is a form of court proceedings in which a judge reviews the lawfulness of a decision of action by a public body. It is a challenge to the way in which a decision has been made. It is not so much concerned with the decision itself and whether it was right but with whether the law has been correctly applied and whether the correct procedures were followed. It is not an appeals process. The court will not substitute its opinion for that of the public authority.
Whose decisions can be challenged by judicial review? The types of public bodies whose decisions may be challenged include among others:Government ministers and departmentsLocal authorities and health authoritiesThe Environmental Protection Agency
Who can apply for a judicial review?
A person who feels that a decision of the Agency has violated his/her rights may apply to the High Court for a judicial review of the decision.
Time Limit
In accordance with Section 87(10) of the EPA Acts 1992, as amended, a person may institute proceedings within a period of 8 weeks beginning on the date the Agency issues its Decision.
What makes a decision unlawful?
Judicial review looks at the lawfulness of decisions and actions. These can be challenged on a number of grounds which are often described as follows: Illegality, Irrationality and Unfairness Illegality: Public bodies must correctly understand and apply the law that regulates their decision making powers. If the decision maker had no power to make it or exceeded the powers given to him/her/it an action or decision may be unlawful. Irrationality: The court can reverse a decision if it is so unreasonable as to be “perverse” or “irrational” Unfairness: This generally deals with the process by which a decision was reached and includes the right to a fair hearing
Remedies or what can a judicial review do for me? If an application for a judicial review is successful, the court can grant a remedy by making one of a number of orders:
Proceedings
There are two stages in proceedings for a judicial review:1. Leave to apply for a judicial review2. Where leave is granted, the substantial application is heard.
All requests from Licensees to carry out alterations or reconstruction works that effect emissions on site should be considered in the first instance by the Office of Environmental Enforcement. If the Office of Environmental Enforcement is of the view that the works or measures cannot be accommodated within the terms of the existing Licence, the Licensee is notifed accordingly by the Office of Environmental Enforcement.
If a review is necessary, a formal request by the Licensee for a review of a Licence must be made in writing to the Environmental Licensing Programme of the Office of Climate, Licensing & Resource Use, in accordance with Article 15 of the EPA (Licensing) Regulations 1994 to 2008 and accompanied by the review request fee of €126 in accordance with the EPA (Licensing Fees) Regulations 1994 to 2006. Such a request must state the grounds on which it is made. Where the Agency accedes to the request, the Licensee must supply all the necessary documentation requested in accordance with Section 90 of the EPA Acts 1992 to 2011 and pay the required review fee.
Once the decision is made by the Agency to review a Licence, the review process follows the same general procedures as those for an application for a Licence.
The Agency can also initiate a review of a Licence in certain circumstances as outlined in Section 87(1)(b) of the EPA Acts 1992 to 2011.
For further information, contact our Environmental Licensing Programme at:
Office of Climate, Licensing & Resource UsePO Box 3000Johnstown Castle Estate County WexfordTelephone Locall 1890 33 55 99 or 053 91 60600Email info@epa.ie for the attention of the Environmental Licensing Programme.
