Environmental Law Enforcement in Ireland

Running head: ENVIRONMENTAL LAW ENFORCEMENT IN IRELAND
Environmental Law Enforcement in Ireland
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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)