Darragh O'Brien (Dublin Fingal East, Fianna Fail)

We will get a copy of it. Apologies, we will circulate that. Tá brón orm faoi sin.

Before changes that affect emissions from an existing installation can be made, the operator is required to amend or review the existing EPA licence. This is an important system overall which protects our natural environment and human health. While strong licensing procedures are critical to protect our environment, the legislation should be proportionate and support decisions being made in an efficient manner, within predictable timeframes. To operate otherwise hampers investment in infrastructure and presents a disproportionate burden on all licensees. In engaging with industry and those operating under these licences, it has become apparent that there are a number of issues identified with the current legislation.

This Bill addresses four problematic issues identified with the current legislation governing licences: there is no definite timeframe within which decisions on licence applications are made; it is taking too long - in some instances, two years or more - for decisions to be made; even minor proposed changes to an installation require a full licence review meaning that the full licence is examined; and the civil emergency and exceptional circumstances provisions of the environmental impact assessment directive have not yet been transposed into national law to allow the agency to avail of those provisions in future emergency circumstances. Improving the legislation in these areas will incentivise investment and allow for more efficient delivery of infrastructure, including the infrastructure necessary to meet many of our climate objectives and deliver the transition to a circular and more resource-efficient economy.

The Bill aims to stimulate sustainable development and sustainable economic activity within a licensing system that is designed to protect our environment. This includes the deployment of improved emissions abatement and other progressive environmental protection technologies which require amendments to existing licences.

The Bill will do this by providing powers for regulations to be developed which will set timelines for proposed determinations on EPA industrial and waste licence applications. It is my intention that such regulations will set out a timeframe of no longer than one year after planning is settled for the agency to examine an application and make its proposed determination, which, if no objections are received, becomes the final decision on that licence. I intend a shorter timeline where the planning and licence applications are lodged simultaneously and for limited licence reviews.

In line with the general scheme, the Bill proposes that the agency may carry out partial reviews of a licence in limited circumstances only where, in accordance with Part IV of the Environmental Protection Agency Act 1992 or Part V of the Waste Management Act 1996, the agency determines that an environmental impact assessment is not required and that the activity does not constitute a substantial change as defined in the industrial emissions directive. Setting out the detail in regulations allows the flexibility to amend timelines, including shortening them, to meet current and future demands. Indeed, the future is already here, and the direction of travel is set in terms of the EU legislation that requires environmental authorisation decisions to be made in definite and shorter timeframes, including under the Critical Raw Materials Act and the Net-Zero Industry Act.

Through providing shorter and predictable timeframes for decisions, the Bill aims to improve our competitiveness and remove barriers to investment in infrastructure, and its provisions align with the Government’s action plan on competitiveness and productivity. The Bill also seeks to facilitate the timely development of critical infrastructure in the energy sector, which will facilitate the transition to renewables and reduce the potential need for emergency generation, as well as the delivery of the national biomethane strategy.

The Bill further proposes some changes to the Circular Economy and Miscellaneous Provisions Act 2022 in relation to green public procurement and a provision to allow income that may arise from extended producer responsibility, EPR, schemes to be paid into the circular economy fund. The main objectives of the provisions on green public procurement are to put the preparation of national green public procurement guidance and criteria on a statutory footing; and to require reporting on the use of green public procurement criteria in order for public bodies to demonstrate transparency in implementing green public procurement policy in line with the “comply or explain” approach.

I will now outline the provisions of the Bill, section by section, to clarify its content. The Bill comprises 25 sections in four Parts. I will begin with Part 1. Section 1 contains standard provisions relating to the Short Title, construction and commencement of the Bill. Section 2 provides definitions for the purpose of this Bill. Section 3 repeals certain provisions of the Environmental Protection Agency Act 1992. These repeals are consequential amendments as a result of the provisions of this Bill.

Part 2 concerns amendments to the Environmental Protection Agency Act 1992, including the amendment of section 3 of that Act. Section 4 amends section 3 of the 1992 Act to insert additional definitions consequential to the provisions of this Bill. Section 5 amends section 51 of the 1992 Act to oblige the agency to capture the number of licence decisions made within the new timeframes as may be prescribed. This provision also covers the Waste Management Act 1996. Section 6 amends section 82D of the 1992 Act to oblige the agency, when considering applications in emergency circumstances, to do so in a manner consistent with the objectives of section 15(1) of the Climate Action and Low Carbon Development Act 2015 to the extent that it is practicable, considering the emergency nature of the application.

Section 7 amends section 83 of the 1992 Act to allow derogation from the obligation on the agency to carry out an environmental impact assessment, EIA, in line with derogations provided for under Articles 1(3) and 2(4) of the environmental impact assessment directive. Section 8 amends section 85 of the 1992 Act to ensure transboundary consultation where an activity is likely to have transboundary effects on another transboundary convention state outside of the European Union.

Section 9 amends section 87 of the 1992 Act to refer to a new section 87B and is a consequential amendment. Section 10 proposes a new section 87B to the 1992 Act to remove the obligation to issue proposed determinations in emergency situations where a derogation from an EIA has been granted either under planning legislation or under this Bill.

Section 11 proposes five new sections to the 1992 Act, as follows. Section 88C enables the Minister to make an order allowing a derogation for certain licence applications from the requirements of the EIA directive and the obligation to carry out an EIA. This will apply only where a licence is required for an activity in the event of a civil emergency or for the defence of the State. The provision mirrors a similar enabling provision for development consent in civil emergencies under section 228 of the Planning and Development Act 2024. Section 88D allows an applicant to apply to the agency to grant an exemption from the requirements of the EIA directive before making an application for a licence. This exemption will apply in exceptional circumstances only. The provision obliges the agency to ensure that the objectives of the EIA directive will be achieved by other means. The provision mirrors a similar enabling provision for development consent in exceptional circumstances under section 227 of the Planning and Development Act 2024. Section 88E removes the obligation for the agency to issue a proposed determination in certain emergency circumstances where the Minister has made an order to that effect. Section 88F provides details of the information that the agency shall consider for applications where an exemption is granted under section 88D. This information will include the assessment as may be specified under section 88D(6)(a) and details of the documentation that the agency shall incorporate into its decision. Section 88G outlines notification procedures for a licence application where an exemption under section 88D has been granted.

Section 12 proposes two new sections to the 1992 Act. Section 90A allows the agency to review a part of a licence or revised licence, but only where an EIA is not required and any change does not constitute a "substantial change", as defined within this provision. Section 90B enables the Minister to specify timeframes for proposed determination decisions of the agency. This new section includes the potential to prescribe a stop-the-clock provision to allow for requests for further information and a response from the applicant. Time periods will be specified in subsequent regulations.

Section 13 amends section 96 of the 1992 Act to enable the agency to expand its consultation, as appropriate, to include planning authorities and other persons. Section 14 amends section 99A of the 1992 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, which is outlined at section 11 of this Bill.

Section 15 amends section 7 of the Waste Management Act 1996 at subsection (3) to enable the Minister, by order, to make regulations prescribing matters in the emergency circumstances as set out under sections 44A and 44B without need for such regulations to be laid before the Oireachtas. The provision also removes a 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 16 amends section 37 of the 1996 Act to insert additional definitions consequential to the provisions of this Bill. Section 17 amends section 40 of the Waste Management Act to allow exemption from the obligation on the agency to carry out an EIA in emergency circumstances. This provision mirrors the provision at section 7.

Section 18 amends section 42 of the 1996 Act to refer to the new section 42C. This is a consequential amendment to support the provision introduced under section 20 of the Bill. This provision mirrors the provision at section 9.

Section 19 amends section 42B of the 1996 Act to enable the agency to expand its consultation, as it deems appropriate, to include planning authorities and other persons. This provision mirrors the provision at section 13.

Section 20 proposes a new section, section 42C, of the 1996 Act to introduce an amended proposed determination procedure. This provision mirrors the provision at section 10.

Section 21 proposes five new sections to the 1996 Act. Section 44A enables the Minister to make an order allowing a derogation for certain licence applications from the requirements of the EIA directive and the obligation to carry out an EIA. Section 44B allows an applicant to apply to the agency to grant an exemption in exceptional circumstances from the requirements of the EIA directive before making an application for a licence.

Section 44C removes the obligation for the agency to issue a proposed determination in certain emergency circumstances where the Minister has made an order to that effect. Section 44D provides details of the information the agency shall consider for applications where an exemption is granted under the new section 44B. Section 44E outlines notification procedures for a licence application where an exemption under the new section 44B has been granted. These provisions mirror those at section 11.

Section 22 proposes two new sections to the 1996 Act: section 46A, which allows the agency to review a part of a licence or revised licence but only where an EIA is not required; and section 46B, which enables the Minister to specify timeframes for proposed determination of decisions of the agency. These provisions are mirrored at section 12. Section 23 amends section 50 of the 1996 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 44B, which is outlined at section 21 of this Bill and mirrors the provision at section 14.

In Part 4, section 24 proposes two new sections to the Circular Economy and Miscellaneous Provisions Act 2022. Section 7A enables 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 State bodies. Section 7B provides and requires 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 it was considered appropriate and proportionate not to include any of those green public procurement criteria in the procurement process. Section 25 amends section 8 of the 2022 Act to allow the Minister to pay income that may arise from extended producer responsibility schemes into the Circular Economy Fund.

The Bill is intended to streamline the EPA licensing legislation. It will ensure we continue to protect our environment but also provide more certainty around the timeframes of decisions on applications for EPA licences for the energy, food, pharma, chemicals, waste and other sectors and industrial sectors. It will provide more options for the agency to efficiently regulate lower-risk activities and to efficiently process minor changes to existing licences. It will remove barriers to competitiveness and investment in the infrastructure critical to our sustainable development and will help us to meet our environmental and climate goals. It will provide us with a legislative framework that ensures environmental protection while being proportionate with the flexibility to adapt to future demands.

I look forward to Members' contributions and welcome the opportunity to engage in a productive discussion this evening as we move this Bill through Second Stage. We will be open to suggestions from Members on Committee Stage as well.

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