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Workshop on the Directive 96/61/EC concerning (IPPC)

Integrated pollution prevention and control

INFRA 32645

Public participation & access to environmental information aspects of

IPPC permitting in IrelandPatrick Nolan

pjnolan1@gmail.com

00 353 53 9139561

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Introduction & Objectives of presentation

To provide an overview of the public participation requirements of the IPPC Directive

Highlight certain requirements that are of specific importance to operators

Outline the statutory provisions and procedures in Ireland

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Public participation aspects of EU Directives IPPC permitting system must

incorporate the public participation aspects of each of the following Directives- EIA Directive 85/337/EC

Environmental Impact Statement Public access to environmental

information Directive 2003/4/EC Access to information, decision making and

justice

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Fundamental Principles for permitting system

An IPPC permitting system should incorporate the following fundamental principles - Openness Transparency and Accountability

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Access to information

Public authorities must ensure that environmental information is systematically available and distributed to the public and in particular information relating to:-

data on activities affecting the environment

environmental authorisations and agreements

environmental impact studies and risk assessments

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Access to information

Public authorities must make environmental

information held by or for them available to any person, without the person having to state an interest

ensure that officials assist the public in seeking access to information

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Access to information (cont.)

Public authorities must put in place measures to ensure the

right of access to environmental information can be effectively exercised

see to it that all information held them relating to imminent threats to human health or the environment is immediately distributed to the public likely to be affected.

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IPPC Permitting Process in Ireland IPPC Directive (96/61/EC) was transposed

into national legislation in 2003 Protection of the Environment Act 2003 EPA (Licensing) Regulations 2004 underpin the

2003 Act Waste Management Act 1996 as amended

The Environmental Protection Agency is the sole competent authority for the permitting and enforcement for all IPPC activities.

Permitting legislation in Ireland extends to other activities not included in Annex 1 of IPPC Directive e.g. Mining

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IPPC Permitting Process in Ireland (cont.) The EPA has adopted a proactive

approach to the exchange of information with the Public on the permitting and enforcement process and procedures. To this end it has - Published application

documentation for applicants Circulated information booklets

and leaflets to NGO’s, Local Authorities and interested Community groups

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Organised a series of seminars at various locations that were open to the public and any interested organisation

Developed its website to provide copies of the documentation for each application received together with all submissions and objections received [See www.epa.ie]

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IPPC Permitting Process in Ireland (cont.)

Where necessary the EPA convenes special meetings that are open to the public in advance of the application being submitted to ensure that they fully understand the process and have every opportunity to participate in the process

The EPA identifies contact personnel within the Agency for each application and thus makes it easier for the public to obtain information without undue delay

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IPPC Permitting Legislation The permitting legislation provides

for the following- All documentation relating to each

application must be made available for public inspection after receipt by EPA

Submissions can be made by the public, free of charge, in relation to all applications prior to the issuing of the draft decision

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IPPC Permitting Legislation (cont.) The permitting legislation provides

for the following (cont)- Copies of any application can be

obtained by the public for a reasonable charge, generally related to the cost of copying

Sets timeframes for issuing the draft decision, the making of submissions by the public, the making of objections to the draft decision and issuing / publication of the final decision

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TIMEFRAMES FOR FINAL DECISION

•Complete application received•Public submissions

•All examined, considered and assessed by EPA.

Draft Decision

EPA must issue draft decision within 8 weeks

Objections to draft decision

An objection must be submitted within 28 days

Final Decision

Final decision must be issued within 4 Months

If no objection is received then final decision, as per draft decision, is issued without delay.

Judicial review must be sought within 8 weeks

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IPPC Permitting Legislation (cont.) The permitting legislation provides for

the following (cont)- Sets fees for written objections to the

draft decision or any aspect of the draft decision

Each objector is given an opportunity to make a written submission on any other objection

The holding of an oral hearing of the objections to a draft decision and the issuing / publication of the final decision

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IPPC Permitting Legislation (cont.)

The permitting legislation provides for the following (cont)- Each objector and those who make

written submissions must be supplied with a copy of the final decision

In the interest of natural justice any person can request the courts for a judicial review of the decision or any aspect of the decision making process for a particular permit application within 2 months of final decision

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IPPC Permitting Process in Ireland - Stage 1 Prior to application being submitted

the applicant must Publish a notice in a newspaper

circulating in the area informing the public that it proposes to submit an application to the EPA within 2 weeks of the date of the notice

Erect a site notice informing the public that an application is being made for a permit and stating, inter alia, if the application is accompanied by an EIS

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IPPC Permitting Process in Ireland - Stage 2 Once a permit application is

received by the EPA the permitting process officially begins.

The EPA publishes a notice confirming receipt of the application where a copy of the application can be

viewed or copied that submissions can be made by any

person to the EPA prior to a draft decision being issued

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IPPC Permitting Process in Ireland (cont.) The EPA then proceeds with

(a) an assessment of the complete application and associated documents and

(b) the consideration of all written submissions from the public.

On completion of (a) & (b) it issues a draft decision.

Any person who made a submission must be notified and given a copy of the draft decision.

The timeframe for making a written objection to the draft decision must be notified to the applicant and public. There is no discretion to extend this timeframe

A copy of the draft decision is made available for public inspection by any person.

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Public submissions and objections

Total applications (since 1994) 1,347

Submissions from third parties 18,931

Objections to draft permits

Third party 524 Applicants 619

1,143

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IPPC Permitting Process in Ireland – Stage 3

This stage provides for(a) The consideration of written

objections received within the specified timeframe

(b) Having regard to the issues and concerns expressed in an objection, the objector can request an oral hearing of the objection

(c) If an oral hearing is not granted then the objections are considered by the EPA and final decision made

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IPPC Permitting Process in Ireland (cont.)

If an oral hearing is held The EPA notifies all objectors and

those who made written submissions The EPA appoints a chairperson who

conducts the hearing The hearing must be open to any

person of the public to attend

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IPPC Permitting Process in Ireland (cont.)

If an oral hearing is held (cont) Each objector has the right to

make an oral submission to the hearing or provide experts to make such a submission on their behalf.

question any person giving oral evidence before the hearing

The Chairperson submits a report and recommendations to the EPA. The chairpersons recommendations can be accepted or rejected by the EPA when making the final decision

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Final decision When issuing the final decision the

EPA must notify and copy the final decision to the

applicant, the relevant local authority, certain specified bodies and any person who made a submission or objection

make the final decision available for public inspection and copying

publish a notice that the decision has been made and where copies of the decision can be inspected or copied

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Judicial review of final decision

The final decision may be appealed to the High Court on a number of grounds including-

failure of the EPA to adhere to the procedural and process requirements set out in the national legislation

failure of EPA to give adequate and fair consideration to the issues raised in the permitting process

failure of State to transpose the requirements of the Directive correctly

The High Court judicial review decision can be appealed to the Supreme Court on a point of law.

Finally an appeal can be made to the European Court of Justice (ECJ)

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Conclusion

I hope this presentation has been of interest to you

If I can be assistance to you please contact me

Thank you for your attention