96OPurpose and contents of environmental standards

96O Purpose and contents of environmental standards

[Section 96O Repealed by No. 75 of 2007, s. 16, Applied:01 Jul 2008]

(1)  Environmental standards may be made for the purpose of –

(a) assisting in managing, mitigating, avoiding or reducing potential environmental harm; or

(b) giving effect to best practice environmental management in relation to an activity.

(2)  Environmental standards must specify the purposes or intent of provisions of the environmental standards.

(3)  Environmental standards may include any of the following:

(a) provisions that may be included in environmental standards in accordance with this section;

(b) provisions that are necessary or convenient for the effective operation of the environmental standards.

(4)  Environmental standards may include –

(a) a provision –

(i) to which the Board must have regard in determining whether to direct a planning authority, or the Commission, to refuse to grant a permit; or

(ii) to which the Board and the Director must have regard in determining whether to grant or vary an environmental licence; or

(iii) to which the Director must have regard in determining whether to issue or vary a notice under Part 5A or an environment protection notice under section 44 ; and

(b) 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; and

(c) a provision (an environmental standards offence provision) with which a person to whom the provision applies must comply or else the person will be guilty of an offence against section 96U(4) ; and

(d) a provision (an environmental standards condition) that may be imposed as a condition or restriction on a permit, an environmental licence, a notice under or an environment protection notice under .