Environmental Law Enforcement in Ireland

This report engages in an assessment of the enforcement strategy of the Environmental Protection Agency of Ireland with special reference to the national priority sites system. The report provides a background to Irish environmental law and the roles and responsibilities of the EPA after which it proceeds to discuss in detail how enforcement strategies are implemented with regard to the national sites of Ireland.

Running head: ENVIRONMENTAL LAW ENFORCEMENT IN IRELAND
Environmental Law Enforcement in Ireland
Name of the Student
Name of the University
Author Note

1ENVIRONMENTAL LAW IN IRELAND
Table of Contents
Introduction...........................................................................................................................................2
1. Background – Understanding Irish Environmental Law.................................................................2
2. Understanding the Work and the Responsibilities of the EPA.......................................................3
2.2. Primary Responsibilities of the EPA.......................................................................................3
2.2.1. Licensing............................................................................................................................3
2.2.2. Monitoring and Evaluation of the Environment................................................................4
2.2.3. Regulation of Greenhouse Gas Emissions in Ireland..........................................................4
2.2.4. Research and Development on the Environment..............................................................4
2.2.5. Strategic Assessment of the Environment.........................................................................5
2.2.6. Protection against Radiation..............................................................................................5
2.2.7. Raising Awareness about the Environment.......................................................................5
2.2.8. Guidance and Education about Environmental Wellbeing.................................................5
2.2.9. Enforcement of the National Environment........................................................................6
3. Environmental Protection Agency and the National Priority Sites System....................................6
Conclusion.............................................................................................................................................7
References.............................................................................................................................................9

2ENVIRONMENTAL LAW IN IRELAND
Introduction
The Environmental Protection Agency of Ireland is a body which is responsible for
both protecting as well as improving natural environment, in a way that it always serves as a
valuable asset for the people of the country. The Environmental Protection of Agency of
Ireland is particularly committed to protecting the land and the people of Ireland from the
dangerous toxic effects associated with pollution and radiation. There are a number of duties
exercised by the Environmental Protection Agency of Ireland, all of which are in keeping
with the basic provisions of Irish Environmental Law and the International law on the
Environment. This report engages in an assessment of the enforcement strategy of the
Environmental Protection Agency of Ireland with special reference to the national priority
sites system. The report provides a background to Irish environmental law and the roles and
responsibilities of the EPA after which it proceeds to discuss in detail how enforcement
strategies are implemented with regard to the national sites of Ireland.1 The report concludes
that the EPA enforcement strategies are always implemented in a disciplined and organized
fashion, with the ulterior motive of such strategies always being to ensure public good and
the protection of the environment.
1. Background – Understanding Irish Environmental Law
Environmental law as well as policies in the country of Ireland is for the most part
implemented by the laws of the European Union, specifically through implementation of
European Directives. Some of the important instruments of Irish Environmental Law include
the Waste Management Act of 1996 to 2011, Local Government Act of 1997 to 2007
pertaining to Water Pollution, the Water Services Act that was implemented from 2007 to
2002 and the Protection of the Environment Act of 2003 among others. Principle regulatory
authorities for environmental protection in the country of Ireland are the Environmental
Protection Agency, known also as the EPA, the Inland Fisheries of Ireland, local authorities
and the Department of Environment of the Government of Ireland.2 Some of the measures by
which environmental protection schemes and agendas are enforced on the part of the
1 Commissioner for Environmental Information, Mr Peter Tyndall, speech at Irish Centre for European Law
(ICEL) conference, 22 November 2018
2 O'Sullivan, L., Bampa, F., Knights, K., & Creamer, R. E. (2017). Soil protection for a sustainable future:
options for a soil monitoring network for Ireland. Soil Use and Management, 33(2), 346-363

3ENVIRONMENTAL LAW IN IRELAND
regulatory bodies include statutory notices that require specific actions to be taken on the part
of the people or bodies against whom such notices are being directed, warning letters, the
threat of prosecution and court prosecution as well as the seeking of court orders.3 The
majority of the responsibilities for the protection of the environment are entrusted to the
Environmental Protection Agency or EPA as it is commonly known as well as with local
authorities that work with wildlife service and national parks. A Network for Environmental
Compliance and Enforcement in Ireland has also been developed for the provision of
integrated national approaches to environmental legislation enforcement.4 The country of
Ireland is also serviced by an Office of Environmental Enforcement or OEE with concerns
itself with the implementation as well as the enforcement of different types of legislations
pertaining to the environment. Both local authorities and the EPA conduct most of the
enforcement actions annually, with these actions usually being related to agriculture, waste
water, wastes, noise and air.5
2. Understanding the Work and the Responsibilities of the EPA
The functions of the Environmental Protection Agency of Ireland can be placed under three
broad categories.
Regulation
The EPA delivers effective regulations as well as environmental compliance systems
that are designed to deliver environmental outcomes that are positive in nature and which also
target bodies as well as individuals that do not comply with the environmental protection
standards being implemented in Ireland. 6
Knowledge
3 Daly, D., Deakin, J., Craig, M., & Mockler, E. M. (2016, April). Progress in implementation of the Water
Framework Directive in Ireland. In International Association of Hydrogeologists (IAH)(Irish Group) Sustaining
Ireland’s Water Future: The Role of Groundwater, Tullamore, Co. Offaly, Ireland, 12-13 April 2016.
4 Ryan-Fogarty, Y., O'Regan, B., & Moles, R. (2016). Greening healthcare: Systematic implementation of
environmental programmes in a university teaching hospital. Journal of cleaner production, 126, 248-259
5 Office of the Commissioner for Environmental Information, Annual Report 2017
6 Ryall, Á, “Access to Information on the Environment: the Evolving EU and National Jurisprudence” (2016) 23
Irish Planning and Environmental Law Journal 3 (text available on Blackboard)

4ENVIRONMENTAL LAW IN IRELAND
High quality, targeted and timely data is provided on the part of the Environmental
Protection Agency, in addition to information and assessment, for the purpose of informing
decision making at every level. 7
Advocacy
The EPA works well with others, be it NGO’s or government bodies especially
regulatory bodies, to advocate for a clean and green environment in Ireland, while promoting
sustainable environment behavior at the same given time.8
2.2. Primary Responsibilities of the EPA
2.2.1. Licensing
The following activities are regulated on the part of the EPA so that these do not harm the
environment or put human health in any danger. 9
 Waste facilities, such as water transfer facilities, incinerators and landfills are
regulated on the part of the EPA on a regular basis
 Industrial activities that are carried out on a large scale such as power plants, cement
manufacturing projects and pharmaceutical projects are regulated by the EPA.
 The EPA regulates the controlled release of and contained use of organisms that are
genetically modified.
 Ionizing radiation sources are regulated on the part of the EPA as are large sized
petrol storage facilities and waste water discharges.
 The EPA also engages in the regulation of waste dumping activities at sea.
2.2.2. Monitoring and Evaluation of the Environment
 Air quality in Ireland is regulated on the part of the Environmental Protection Agency
while clean air directives as envisaged and drawn up by the EU are also implemented
at the same given time.
 Independent reporting is carried out for the purpose of informing decision making on
the part of local government bodies and national government bodies with periodic
reporting being done on the state of the environment in Ireland.
7 Rau, H., Hynes, M., & Heisserer, B. (2016). Transport policy and governance in turbulent times: Evidence
from Ireland. Case studies on transport policy, 4(2), 45-56
8 Longphuirt, S. N., O'Boyle, S., & Stengel, D. B. (2015). Environmental response of an Irish estuary to
changing land management practices. Science of the Total Environment, 521, 388-399.
9 Ibid

5ENVIRONMENTAL LAW IN IRELAND
2.2.3. Regulation of Greenhouse Gas Emissions in Ireland
The Environmental Protection Agency of Ireland is one that has a crucial role to play
when it comes to the regulation of Green House gas emissions. Green House gas projections
as well as inventories are prepared on the part of the EPA and emissions trading directives are
implemented for as many as a hundred or more producers of CO2 in Ireland. 10
2.2.4. Research and Development on the Environment
A leading role is played on the part of the Environmental Protection Agency when it
comes to researching on the environment and undertaking development activities for the
promotion of environmental wellbeing and the preservation of the environment in general.
Environmental research is funded to a considerable extent by the EPA for the purpose of
identifying pressures, for informing policies, as well as for providing solutions in a number of
different areas such as water, sustainability as well as climate. 11
2.2.5. Strategic Assessment of the Environment
The Environmental Protection Agency of Ireland engages in an assessment of proposed plans
as well as programs on environment in Ireland and the impact that these are likely to have on
the wellbeing of the environment. 12
2.2.6. Protection against Radiation
Radiation levels in Ireland are those that are regulated by the Environmental Protection
Agency very regularly in order to make sure that the people of the country are not continually
exposed to the harmful effects that are associated with ionizing radiation. The EPA assists
with the development of several national plans that are drawn up to handle emergency
situations that are likely to arise in the event that a nuclear accident takes place.13
Developments abroad are monitored on the part of the EPA with regard to installation of
nuclear plants and actions pertaining to nuclear safety from radiation. Specialist services for
protection from the harmful effects of radiation both in Ireland as well as abroad are provided
by the Environmental Protection Agency of the country, as well. 14
10 Ibid
11 Ryall, Á, “Realising Environmental Information Rights: The Impact of the Aarhus Convention in Ireland”
(2015) 4 Environmental Law and Practice Review 1 (text available on Blackboard)
12 Scott, M. (2017). Renewing urban communities: Environment, citizenship and sustainability in Ireland.
Routledge
13 Owen, R. P., & Parker, A. J. (2018). Citizen science in environmental protection agencies. UCL Press.
14 Ibid

6ENVIRONMENTAL LAW IN IRELAND
2.2.7. Raising Awareness about the Environment
An active role is played on the part of the Environmental Protection Agency of Ireland to
generate awareness about the environment as much as possible. Positive behavioral change is
something that is definitely influenced by the EPA and every effort is made on the part of the
EPA to support communities, householders as well as businesses, to become a lot more
resource efficient than they had been before. Radon testing at workplaces as well as at the
homes of people is also something that is undertaken and promoted by the Environmental
Protection Agency in Ireland, encouraging remediation as and when it is regarded as
necessary.15
2.2.8. Guidance and Education about Environmental Wellbeing
Regular guidance as well as information is provided to both industries as well as people
in Ireland by the EPA regarding environmental protection and wellbeing. Environmental
information that is easy to comprehend and which is also easy to access is made available to
people by the EPA in a timely fashion, and public participation is something that is greatly
encouraged by this body when it comes to environmental decision making.16 The government
is advised by the EPA on a variety of matters when it comes to emergency response and
radiological safety. National level hazard and waste management plans are developed by the
EPA as well that are aimed at preventing as well as managing hazardous wastes of many
different types and kinds. 17
2.2.9. Enforcement of the National Environment
The protection duties that are exercised by local bodies regarding environmental
wellbeing are overseen by the Environmental Protection Agency. Drinking water supplies as
made available on the part of public water suppliers in Ireland is supervised by the EPA and
every effort is made to work with local authorities and regulatory bodies to keep
environmental crimes in check, by targeting offender as well as by overseeing remediation. 18
15 Hickey, A., Arnscheidt, J., Joyce, E., O'Toole, J., Galvin, G., O'Callaghan, M., ... & Walsh, K. (2018). An
assessment of the performance of municipal constructed wetlands in Ireland. Journal of environmental
management, 210, 263-272
16 Ball, C., Burt, G., De Vries, F., & MacEachern, E. (2018). How environmental protection agencies can
promote eco-innovation: The prospect of voluntary reciprocal legitimacy. Technological Forecasting and Social
Change, 129, 242-253.
17 Ryall, Á, “Realising Environmental Information Rights: The Impact of the Aarhus Convention in Ireland”
(2015) 4 Environmental Law and Practice Review 1 (text available on Blackboard)
18 Dey, S., Caulfield, B., & Ghosh, B. (2018). The potential health, financial and environmental impacts of
dieselgate in Ireland. Transportation Planning and Technology, 41(1), 17-36.

7ENVIRONMENTAL LAW IN IRELAND
3. Environmental Protection Agency and the National Priority Sites
System
A National Priority Sites system is employed on the part of the Environmental Protection
Agency of Ireland, for the purpose of identifying licensed sites that are likely to play a vital
role when it comes to enforcement of national policies and programs for the protection of the
environment. The National Priority Sites System is one that is comprised of four major parts.
The first is compliance investigations, the second is complaints, the third is incidents and the
fourth, is, non-compliances. Every licensee is seen to receive a score that is based on their
compliance status and this is placed against the four different criteria that has been
mentioned. Any licensee that has a compliance investigation score which is equal to the
number ten or which is greater than ten and which scores more than 30 points is considered to
be a national priority site by the EPA. The sites that have an investigation score between
twenty points and thirty points are regarded to be candidate national priority sites. The system
of national priority sites is one that was launched on the website of the EPA in the month of
July in 2017. Further updates were provided in the month of September 2017 for the purpose
of coinciding with a conference on environmental protection that was being held in Ireland.
In the year of 2018, an update on the national priorities site was published by the
Environmental Protection Agency, first in January and then again in April.19
As many as twenty sites were designated by the EPA as national priority sites in 2017.
Fourteen out of these twenty sites were considered national priority sites in just one quarter
out of the four quarters of the year of 2017. One out of the twenty sites was regarded as a
national priority site for all the four quarters of 2017. As much as sixty five percent of the
complaints that were received by the Environmental Protection Agency in 2017 were those
that were related to the national priority sites. Noise and odor in these sites appeared to be the
most important issues that were being faced by the public living in and around these sites.
The food as well as beverages sector is the one that had the maximum number of national
priority sites in the year of 2017, that is, as many as nine sites out of the total number of
twenty sites. 20
19 Cullen, P., Ryan, M., O'Donoghue, C., & Kilgariff, P. (2018). The Economics of Agri-Environment Scheme
Design: An Irish Case Study (No. 2111-2018-4148).
20 Ryall, Á, “Realising Environmental Information Rights: The Impact of the Aarhus Convention in Ireland”
(2015) 4 Environmental Law and Practice Review 1 (text available on Blackboard)

8ENVIRONMENTAL LAW IN IRELAND
The demarcation of the national priority sites is definitely a major step undertaken on
the part of the Environmental Protection Agency of Ireland when it comes to looking after
areas of the country that require the most protection and reform. The national priority sites
are clearly areas that are characterized by very high levels of air and noise pollution,
requiring the Environmental Protection Agency to put plans and programs into place
immediately to ensure that the people living here do not suffer the ill consequences of such
pollution for too long. As the statistics appear to reveal, the food and drinks industry is a
sector that has contributed the most to the pollution that prevails in the national priority sites.
A lot of the odor problems that are being faced by the people living or occupying these sites
are in need of immediate assistance from the EPA to fight the pollution that is keeping them
from leading a healthy and happy existence.21 The EPA has taken an active role in identifying
the sites and putting surveillance measures in place to detect what it is that is causing
pollution to occur in these areas. By prioritizing these sites, the EPA intends on bringing most
of the environmental problems in Ireland that are caused by pollution, under control. The
people living in and around the national priority sites are being provided with the guidance
and the help that they need to come to terms with the problems that they are facing on a day
to day basis. Information is being made available to them at all times, as to what it is that they
can do in order to keep themselves from suffering from the noise and odor pollution that
appears to be all pervasive in these areas. Experts are also being deployed by the EPA and
efforts are being undertaken in collaboration with other governmental and regulatory bodies,
including local authorities, to determine what it is that can be done to bring the pollution
levels under control in the national priority sites. It is hoped by the EPA that the national
priority sites are areas that will be devoid by much of the pollution that these are currently
plagued by, in the span of the next few years. 22
Conclusion
The Environmental Protection Agency is undoubtedly the most important body in the
country of Ireland that deals with environmental wellbeing. This is a body that clearly acts
directly in accordance with both Irish environmental law and international law on
environment as established by the EU to undertake surveillance and regulatory measures to
21 Steger, T., & Drehobl, A. (2018). The anti-fracking movement in Ireland: Perspectives from the media and
activists. Environmental Communication, 12(3), 344-356
22 Ryall, Á, “Realising Environmental Information Rights: The Impact of the Aarhus Convention in Ireland”
(2015) 4 Environmental Law and Practice Review 1 (text available on Blackboard)

9ENVIRONMENTAL LAW IN IRELAND
ensure that the environment of the country is protected at all times. Every effort is made on
the part of the EPA to keep the public of Ireland free from the harmful effects of radiation.
Toxic wastes elimination is a process that is well regulated by the EPA to ensure that the
surrounding environment does not get infected with hazardous elements that could in turn
endanger the health of the public. The Environmental Protection Agency in Ireland acts in
close coordination with other regulatory bodies in the country and with local authorities in
particular to make sure that waste management and the elimination of wastes is something
that takes place in an organized and timely manner, and that the people of the country are
educated as adequately as possible for participating in the entire process of environmental
wellbeing.

10ENVIRONMENTAL LAW IN IRELAND
References
Ball, C., Burt, G., De Vries, F., & MacEachern, E. (2018). How environmental protection
agencies can promote eco-innovation: The prospect of voluntary reciprocal
legitimacy. Technological Forecasting and Social Change, 129, 242-253.
Commissioner for Environmental Information, Mr Peter Tyndall, speech at Irish Centre for
European Law (ICEL) conference, 22 November 2018
Cullen, P., Ryan, M., O'Donoghue, C., & Kilgariff, P. (2018). The Economics of Agri-
Environment Scheme Design: An Irish Case Study (No. 2111-2018-4148).
Daly, D., Deakin, J., Craig, M., & Mockler, E. M. (2016, April). Progress in implementation
of the Water Framework Directive in Ireland. In International Association of
Hydrogeologists (IAH)(Irish Group) Sustaining Ireland’s Water Future: The Role of
Groundwater, Tullamore, Co. Offaly, Ireland, 12-13 April 2016.
Dey, S., Caulfield, B., & Ghosh, B. (2018). The potential health, financial and environmental
impacts of dieselgate in Ireland. Transportation Planning and Technology, 41(1), 17-
36.
Hickey, A., Arnscheidt, J., Joyce, E., O'Toole, J., Galvin, G., O'Callaghan, M., ... & Walsh,
K. (2018). An assessment of the performance of municipal constructed wetlands in
Ireland. Journal of environmental management, 210, 263-272
https://www.ocei.ie/publications/annual-reports/
https://www.ocei.ie/publications/press-releases/speech-of-mr.-peter-tynda/
Longphuirt, S. N., O'Boyle, S., & Stengel, D. B. (2015). Environmental response of an Irish
estuary to changing land management practices. Science of the Total
Environment, 521, 388-399.
Office of the Commissioner for Environmental Information, Annual Report 2017
O'Sullivan, L., Bampa, F., Knights, K., & Creamer, R. E. (2017). Soil protection for a
sustainable future: options for a soil monitoring network for Ireland. Soil Use and
Management, 33(2), 346-363
Owen, R. P., & Parker, A. J. (2018). Citizen science in environmental protection agencies.
UCL Press.

11ENVIRONMENTAL LAW IN IRELAND
Rau, H., Hynes, M., & Heisserer, B. (2016). Transport policy and governance in turbulent
times: Evidence from Ireland. Case studies on transport policy, 4(2), 45-56
Ryall, Á, “Access to Information on the Environment: the Evolving EU and National
Jurisprudence” (2016) 23 Irish Planning and Environmental Law Journal 3 (text
available on Blackboard)
Ryall, Á, “Realising Environmental Information Rights: The Impact of the Aarhus
Convention in Ireland” (2015) 4 Environmental Law and Practice Review 1 (text
available on Blackboard)
Ryan-Fogarty, Y., O'Regan, B., & Moles, R. (2016). Greening healthcare: Systematic
implementation of environmental programmes in a university teaching
hospital. Journal of cleaner production, 126, 248-259
Scott, M. (2017). Renewing urban communities: Environment, citizenship and sustainability
in Ireland. Routledge
Steger, T., & Drehobl, A. (2018). The anti-fracking movement in Ireland: Perspectives from
the media and activists. Environmental Communication, 12(3), 344-356

12ENVIRONMENTAL LAW IN IRELAND