96UEffect of environmental standards

96U Effect of environmental standards

[Section 96U Inserted by No. 42 of 2022, s. 17, Applied:14 Dec 2022]

(1)  If the environmental standards indicate that a provision included, in accordance with section 96O(4)(a) , in the environmental standards is a provision to which the Board must have regard in determining whether to –

(a) grant or vary an environmental licence; or

(b) direct a planning authority, or the Commission, to refuse to grant a permit –

the Board, in making such a determination, must have regard to the provision and any related provision of the environmental standards.

(2)  If the environmental standards indicate that a provision included, in accordance with section 96O(4)(a) , in the environmental standards is a provision to which the Director must have regard in determining whether to –

(a) grant or vary an environmental licence; or

(b) issue or vary a notice under Part 5A or an environment protection notice under section 44  –

the Director, in making such a determination, must have regard to the provision and any related provision of the environmental standards.

(3)  If the environmental standards indicate that a provision included, in accordance with section 96O(4)(b) , in the environmental standards is a provision to which the Board and the Director must have regard in conducting an assessment, or making a decision, under this Act or another Act, the Board, or the Director, respectively, must have regard to –

(a) the provision; and

(b) any related provision of the environmental standards –

in conducting such an assessment, or making such a decision, under this Act or another Act.

(4)  If a provision of environmental standards is, in accordance with section 96O(4)(c) , an environmental standards offence provision, a person to whom the provision applies who contravenes the provision commits an offence.

Penalty:  In the case of –