I am pleased to be back in the Seanad to introduce the Environment (Miscellaneous Provisions) Bill 2025. The Environmental Protection Agency plays a pivotal role in protecting, improving and restoring our environment through monitoring, regulation and scientific knowledge. There are approximately 900 EPA licences in operation in Ireland, and they regulate large industrial installations in a wide range of sectors, including energy, waste, pharmaceuticals, chemicals, intensive agriculture and food and drink production. Installations carrying out these activities are required to have an EPA licence - an industrial emissions, integrated pollution control or waste licence - in place before they can operate.
The Bill addresses three problematic issues identified with the current legislation governing licensing. First, it currently takes too long - two years or more - for decisions to be made and there are no definitive timeframes within which decisions on licence applications are made. Second, even minor proposed changes to an installation require a full licence review, meaning that the full licence is examined. Third, the civil emergency and exceptional circumstances provisions of the environmental impact assessment, EIA, directive have not been transposed into national law to allow the agency to avail of those provisions in future emergency circumstances.
The Bill addresses these three areas of concern by, first, providing powers for regulations to be developed that will set timelines for proposed determinations on licence applications. It is the intention that the timeframe will be no longer than one year after planning is settled. A shorter timeline will be prescribed where the planning and licence applications are lodged simultaneously, and for partial licence reviews. These measures will address current uncertainty on timelines for decision-making. Second, it provides that the agency may carry out partial reviews of a licence in limited circumstances only where the agency determines that an environmental impact assessment is not required, and that the activity does not constitute a substantial change. Third, it provides scope for the agency to address licensing matters during challenging emergency circumstances in line with Articles 1(3) and 2(4) of the EIA directive.
The Bill also amends the Circular Economy and Miscellaneous Provisions Act 2022 in that it introduces provisions to that Act in relation to designating a public body for the purpose of preparation of green public procurement guidance and the reporting of public bodies in accordance with such guidance, and to allow the Minister to pay income that may arise from extended producer responsibility schemes into the circular economy fund.
Amendments to the Bill which were carried during the Dáil Committee Stage include the introduction of some new provisions to update the appointment and selection processes for the director general and directors of the EPA and bring them into line with more modern practices; the introduction of a new provision to amend section 99H of the EPA Act 1992 to strengthen the injunctive powers under the Act to mirror similar powers under planning legislation; and the introduction of an amendment to the Litter Pollution Act 1997 to remove the option of conviction on indictment. Fixed payment notices or "on the spot" fines will continue to apply to alleged offences.
I will now outline the provisions of the Bill, as amended, to clarify its content. The Bill comprises 31 sections in five Parts. Part 1 encompasses standard provisions related to the Short Title, construction and commencement, and outlines repeals that are consequential to the provisions under the Bill.
Part 2 concerns proposed amendments to the EPA Act 1992. Section 4 amends section 3 of the EPA Act to insert additional definitions consequential to the provisions of this Bill. Sections 5 to 8, inclusive, update the appointment and selection process for the director general and for directors of the EPA. Section 9 amends section 51 of the EPA Act to oblige the agency to report the number of licence decisions made within new timeframes as may be prescribed. Sections 10 to 15, inclusive, provide for licensing procedures in emergency circumstances, including the transposition of derogations under Articles 1(3) and 2(4) of the environmental impact assessment directive.
Section 16 proposes two new sections to the EPA Act. Section 90A, concerning review of part of licence or revised licence, allows the agency to review a part of a licence or revised licence, but only where EIA is not required, and the change does not constitute a substantial change. Section 90B, concerning periods for decision-making, enables the Minister to specify timeframes for proposed determination decisions of the agency.
Section 17 amends section 96 of the EPA Act to enable the agency to expand its consultation, as appropriate, to include the planning authority and other persons. Section 18 amends section 99A of the EPA Act to allow the Minister to make regulations providing for the payment to the agency of fees in relation to a request for an exemption under the new section 88D. Section 19 enables any person, including the agency, to apply to the High Court for an injunction on activity that has been, is being or is likely to be carried out in contravention of the EPA Act 1992.
Part 3 concerns amendments to the Waste Management Act 1996. Section 20 amends section 7 of the Waste Management Act 1996 to enable the Minister, by order, to make regulations prescribing for matters in emergency circumstances as set out under sections 44A and 44B without the need for such regulations to be laid before the Oireachtas. The provision also removes reference to section 72(12) from subsection (3) of section 7, as that section was repealed under the Circular Economy and Miscellaneous Provisions Act 2022.
Section 21 amends section 37 of the Waste Management Act to insert additional definitions consequential to the provisions of this Bill.
Sections 22 to 28 mirror sections 11 to 18 and amend the Waste Management Act to allow for similar provisions, including the introduction of an amended proposed determination procedure and new processes for applications for licences in certain emergency circumstances, allowing for partial reviews of waste licences and new timeframes for decisions.
In Part 4, section 29 amends the Litter Pollution Act 1997 to remove the option of conviction on indictment. Fixed payment notices or on-the-spot fines may continue to apply to alleged offences under the Litter Pollution Act 1997 and offences under that Act will continue to be punishable on summary conviction. More serious dumping offences may continue to be prosecuted under the Waste Management Act 1996.
Part 5 proposes amendments to the Circular Economy and Miscellaneous Provisions Act 2022. Section 30 proposes two new sections to that Act, which enable the Minister to designate a public body for the purpose of preparation of green public procurement guidance and criteria that may be applied by public bodies in respect of goods, services or works procured by such public bodies and require public bodies to outline in an annual report each procurement of goods, services or works in the previous calendar year where relevant green public procurement criteria were not integrated into the procurement process and explain the reasons why. Section 31 amends section 8 of the Circular Economy and Miscellaneous Provisions Act 2022 to allow the Minister to pay income that may arise from extended producer responsibility schemes into the circular economy fund.
I am sure the Members will be thankful that I have reached the conclusion and will soon sit down. This Bill provides a legislative framework that will give certainty around timeframes for EPA decisions while continuing to protect the environment, better regulate lower-risk activities and remove barriers to both competitiveness and investment in the critical infrastructure, helping us all to meet our future environmental and climate goals. By its nature as a miscellaneous Bill, it also aims to improve our environmental performance through the measures I have outlined this evening and to further protect the environment. I look forward to each and every Senator's contributions. I welcome the opportunity to engage on this important matter.