Workshop on the Directive 96/61/EC concerning (IPPC) Integrated pollution prevention and control INFRA 32645

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Workshop on the Directive 96/61/EC concerning
(IPPC) Integrated pollution prevention and
controlINFRA 32645

• Public participation access to environmental
  information aspects of IPPC permitting in Ireland

Patrick Nolan pjnolan1_at_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
  NGOs, 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.

EPA must issue draft decision within 8 weeks
Draft Decision
An objection must be submitted within 28 days
Objections to draft decision
Final decision must be issued within 4 Months
Final Decision
Judicial review must be sought within 8 weeks
If no objection is received then final decision,
as per draft decision, is issued without delay.
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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
• an assessment of the complete application and
  associated documents and
• 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
• The consideration of written objections received
  within the specified timeframe
• Having regard to the issues and concerns
  expressed in an objection, the objector can
  request an oral hearing of the objection
• 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