Results 9,901-9,920 of 10,035 for speaker:Martin Cullen

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: Does the Senator not realise the effect of his amendment would be that where somebody is in default, to make good what he or she has done, the licence could still not be surrendered? That would not make sense, the Senator is insisting that an offender retain a licence. The logic of this has been lost somewhere.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: That is provided for in the Bill.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: While I do not mean to be argumentative, section 86(1)(a)(vii) provides that licence conditions have to be included in the licence on cessation and abandonment. The licence stays in force under section 95(1) and can only be surrendered if agreed to by the EPA. Furthermore, the EPA can keep enforcing the licence and adding conditions to it to make sure there is full compliance. There is more...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: This section is a new provision which introduces new controls on the surrender of an IPPC licence. The 1992 Act contained no such provision. As it is important that there are such controls and that they are used, I have provided accordingly in the Bill. After the necessary inspection, monitoring and assessment, the EPA is called on in subsection (7) to decide whether the relevant installation...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: Section 90 of the new Part 4 deals comprehensively with the mandatory circumstances, from Article 13 of the directive, in which a licence must be reviewed. These circumstances, in section 90(4)(a), are as follows: if emissions from the activity are deemed to be of such significance that existing emission limit values, parameters or technical measures need to be reviewed; if substantial...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I am sympathetic to the intention of this amendment. I propose to consider its implications further, in order to be certain, and to return on Report Stage with a suitably revised text for inclusion in the Bill. The points made by all Senators are reasonable, and I will certainly introduce that greater flexibility if possible.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I take it the Senator is referring to paragraph (b) on pages 28 and 29 of the Bill. Those provisions are all part of the 1992 Act and are being repeated in this Bill to maintain consistency.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: These provisions already exist in legislation. The only addition is environmental management systems; the rest was in the original Act. I added this merely to give certainty and a legal basis to what is already happening.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: Anything we can do to improve the environment, be it by systems, standards, technology or activity is obviously important, as I am sure the Senator would agree. I wanted to give certainty and maintain continuity between the 1992 Act and this Bill. Areas of activity that should be in place or that are in fact happening are being added to legislation to give them certainty, but the changes are...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: The Environmental Protection Agency is of course independent. All the normal protections that the courts offer any citizen or organisation are available. The purpose of the Environmental Protection Agency, however, is to serve as an independent expert body. I have provided, for instance, that there would be more access for the public to an oral hearing on a particular activity. If people...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: Anybody can bring in an independent assessor if he or she wishes. It is up to the individual. People can obviously also put forward their own point of view.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: Planning authorities deal with planning matters and the EPA deals with all matters under the IPPC licensing system. The EPA would not be involved in planning matters because they are a matter for planning authorities. The separation of functions in this regard is important. The answer to the Senator's question is "No", but for the right reasons.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: It is not necessary or relevant to elaborate in this manner. This section deals with genetically modified organisms and the subsection is intended to grant a broad power to make such regulations. We are at cross-purposes. We are dealing with genetically modified organisms in this section and, while I could go into detail on the Senator's amendment, I would only delay proceedings. The...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I understand why the Senator tabled the amendment, but I do not propose to accept it. Obviously discretion would be exercised by the EPA regarding an offence. Two issues have arisen in the application of this section. Having discovered an unauthorised waste disposal activity, it is incumbent on a local authority to undertake potentially time consuming and expensive investigations to establish...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: As the Senator knows, my position on this is pretty well defined. I do not propose to accept the amendment which, in effect, would require a local authority to continue to collect household waste from a person even when he or she fails to pay a relevant waste charge. In other words, people would subsidise their neighbours. Councillors from all political parties wanted this corrected as a...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I will deal with the waiver when we come to section 35. Amendment, by leave, withdrawn. Section 22 agreed to. Sections 23 and 24 agreed to. SECTION 25.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: The intention behind section 39A(7) is to allow a person who proposes to carry on two related activities, that is, an activity involving the recovery or disposal of waste and an activity to which the First Schedule of the 1992 Act applies, to request the Environmental Protection Agency to make a determination as to which licensing regime shall apply before, obviously, the prospective...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I think it is.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: Yes, it will make a determination beforehand.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Martin Cullen: I appreciate the point. Amendment, by leave, withdrawn. Section 25 agreed to. Sections 26 to 29, inclusive, agreed to. SECTION 30. Question proposed: "That section 30 stand part of the Bill."