THE ENVIRONMENTAL PROTECTION AGENCY
Noise
Part VI of the Act deals with a number of miscellaneous matters. Section 106(1) gives the Minister power, after he has consulted with any Minister of the Government who, in the opinion of the Minister, is concerned and after consultation with the Agency, to make regulations for the purpose of preventing or limiting any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.
Section 107(1) of the Act gives a local authority or the Agency power to serve a notice on a person requiring that person to take the measures set out in the notice in order to prevent or limit noise. The person on whom the notice is served is required by s 107(4) to comply with the terms of the notice within the period specified in the notice. If the notice is not complied with within the time specified, the local authority, or Agency, is empowered by s 107(5) to take such steps as it thinks reasonable and necessary to comply with the notice and may recover the cost of doing so from that person. If the person is prosecuted for failure to comply with the notice, it shall be a good defense, pursuant to s 107(6), where the noise is caused in the course a trade or business, for that person to prove that he took all reasonable care to prevent or limit the noise, or that it was in accordance with the terms of a license granted or regulations made under the Act.
Under s 108(1) of the Act, a local authority, the Agency, or any person may complain to the District Court where any noise constitutes a nuisance to a person in any premises in the neighborhood or lawfully using any public place. The District Court may make an order requiring the person or body making, causing or responsible for the noise to take measures to prevent or limit the noise. It is an offence not to comply with such an order.
According to s 108(2), it shall be a good defense, in the case of proceedings under s 108(1) or in a prosecution for a contravention of that section, where noise is caused in the course of a trade or business, for the person being prosecuted to prove either that he took all reasonable care to prevent or limit the noise by providing, maintaining, using, operating and supervising facilities, or by employing practices and methods of operation which were suitable for the purposes of such prevention, or that the noise is in accordance with the terms of a license under the Act or with regulations made under s 106.
THE IRISH DEPARTMENT OF THE ENVIRONMENT
Background
The Department of Environment, Heritage, and Local Government (DoEHLG) is one of 15 Departments of State in Ireland. Each government department is headed by a Minister appointed by the Taoiseach (Irish Prime Minister). Through its Ministers, the Department is accountable to the Government, Parliament (the Oireachtas) and the public.
Mission
The mission of the Department, as set out in its Strategy Statement, is: … to promote sustainable development and improve the quality of life in Ireland through environmental protection, provision of infrastructure, balanced regional development and good local government … The Department’s primary task is to ensure that Ireland’s natural and built environment, key infrastructure and the associated quality of life are in line with our status as an advanced economy and society. The Department is responsible for policy, legislation, and programme formulation in relation to the environment, the development of financing of certain public infrastructure and public housing, and a number of regulatory functions. Most of the Department’s funding is channeled through local authorities; as such, local authorities are the main providers of public infrastructure and services locally.
The principal responsibilities of the Department include:
(a) Promotion of sustainable development;
(b) Ensuring environmental protection;
(c) Increasing environmental awareness;
(d) Waste management policy and legislation;
(e) Ensuring proper regulation of polluting activities;
(f) Development of policy and legislative framework for physical planning;
(g) Development of water and waste water services;
(h) Ensuring the development of services and policies for fire protection (i) overseeing the performance of the building industry;
(j) Maintenance of an effective system of construction control;
(k) Promotion of urban renewal;
(l) Overseeing the national housing programme;
(m) Funding and policy framework for social housing;
(n) Supporting the private housing sector, including owner occupation and private renting;
(o) Supporting the development of public amenities by local authorities;
(p) The electoral process;
(q) Development of policy in relation to local government, including fair and equitable funding and the development of modern human resources policy;
(r) Auditing public bodies in accordance with the Code of Local Government Audit Practice.
Staffing
Staff numbers in the Department have been on the increase in recent years. The total staffing complement in 1998 was around 800 and in 2001 this had increased to over 900. Today, following the transfer of most of the former Roads Division to the newly created Department of Transport as well as the assumption of responsibilities in relation to the built and natural heritage, the Department employs nearly 2,500 professional, technical, and administrative personnel. Some of this staff is, however, expected to move to other Departments as part of the ongoing organizational changes discussed below, in Section 5.4.
Recruiting and retaining staff has presented a challenge to the Department as well as other public service employers. The success of the Irish economy in the recent past has increased competition in the labor market significantly. The relatively more difficult economic circumstances which now prevail also present challenges. Economic downturns have traditionally triggered a migration of labor to the public sector; however, the Department must always adhere to Government staffing objectives. Maintaining an appropriate staff balance is particularly important at present, in light of the increasing focus on the Department’s responsibilities relating to environmental protection, heritage policy and conservation. The increased pressures and requirements for additional staff necessary to support Ireland’s presidency of the European Union in the first half of 2004 also present new challenges in ensuring that staff resources meet the operational needs of
the Department, including the specific skills and expertise required5.1.3 Budget Exchequer funding in the Estimates for 2003 amounted to more than €2.3 billion. This was divided into a number of expenditure areas or programmes, with those relating specifically to environment, heritage and local government receiving approximately 45% (slightly less than €1.06 billion) and the remainder allocated to administration, housing, and other services.
In addition to the Exchequer funds provided in the Estimates, principal non-Exchequer capital allocations provided for in 2003 included €140 million for environmental services. Further revenue accrued to the Environment Fund from landfill levies and from plastic bag sales. In 2003, €55 million from the Environment Fund was expended on a range of environmental programmes.
The Department’s mandate
The Department is somewhat unique among Irish Departments of State in that its remit is extremely broad and diverse. It has general responsibility for policy in relation to environmental protection, including natural heritage, and has functions relating to, but not limited to, spatial planning, urban and village development, built heritage, water and wastewater services, nuclear safety, fire protection, and building control. From the quality of the environment to housing, water and other services, the programmes and activities of the Department have an effect on the everyday lives of all Irish citizens. Specifically in the area of environmental protection, the Department defines and prioritizes environmental policies and strategies and, based on these, prepares the legislation necessary for implementation.
Sustainable development is at the heart of the Department’s mandate and mission. The Department has the responsibility for the development and implementation of strong policies in support of the environment, for promoting integration of environmental considerations into economic/fiscal and sectoral policies and for promoting the achievement of balanced regional development. In addition, the Department’s responsibilities in the areas of built and natural heritage must be taken into consideration, for instance, in the context of the provision of housing and infrastructure, as Ireland’s heritage forms part of the national sense of identity and it provides resources of social, educational, recreational and aesthetic value.
Local government also continues to be a central element of the Department’s mandate. The Department has responsibility to provide, through local authorities and in partnership with the private sector, much of the infrastructure which Ireland needs to realize its full development potential. In the context of sustainable development, it must be provided in ways which minimize impacts on the environment and maximize environmental gain. The Department must therefore secure the objectives for the main areas of responsibility without significantly affecting economic activity or the growth prospects of individual sectors or regions of the economy, and with due regard to the social issues of equity and fairness.
History of the Department
The first Government agency with responsibility for local affairs in Ireland can be traced back to the passing of the Poor Relief (Ireland) Act in 1838, which established a network of poor law boards whose members were made up of justices and members elected by ratepayers. Initially, the boards operated under the control of Poor Law Commissioners sitting in London, with the Irish branch office in the Custom House, Dublin (in which the Department of Environment, Heritage and Local Government is now based). In 1872, the Poor Law Commission was transformed into the Local Government Board for Ireland.
This followed extended responsibilities of the Poor Law Commissioners from basic care for the poor into areas such as hospitals, disease eradication, medical services, sanitary services, and housing.
In 1920, the then underground Dáil Eireann set up a Department of Local Government. For a while there were actually two central entities competing for the allegiance of local authorities; however, the Department of Local Government had taken on the functions of a central authority and a majority of the local authorities soon broke with the Local Government Board.
In 1922, the Department of Local Government of the newly independent Free State took over the central administration. Shortly thereafter, the Department of Local Government and Public Health was established to take over the task of supervising the local government system, which had previously been performed by the Local Government Board under the former British administration. The focus of Department activities in the 1920s and 1930s was on reform of the operation of the local government system, expansion of the housing programme, development of other infrastructural services, introduction of town planning and growth in health and welfare services.
By the 1940s, the range of functions of the Department had become too large and separate Departments of Health and Social Welfare were created. The resulting department, renamed the Department of Local Government, concentrated on local government matters and the infrastructural programmes of housing, roads, and water/waste water services. In subsequent years, the range of functions expanded in line with changes in perceptions of the role of government in promoting national development as well as with broader economic and social change. New initiatives in the 1960s included comprehensive road traffic legislation, a renewed drive to meet demands for housing, and, significantly, a modern physical planning system for the whole country (from 1963).
In line with the worldwide increase in environmental awareness in the 1970s, the title of the Department was changed in 1977 to the Department of the Environment. This change reflected the developing role for the Department in the area of environmental promotion and protection, which, as previously mentioned, continues today. Another major priority in more recent years was the drive to modernize the local government system. As such, the Department’s name was changed again in 1997 to the Department of the Environment and Local Government.
The Department today
The broadening of the Department’s remit has continued over recent years to further encompass functions relating to Ireland’s built and natural heritage and to the environment. In June 2002, the heritage functions of Dúchas, the Heritage Service of the Department of Arts, Heritage, Gaeltacht and the Islands, were transferred to the Department. At the same time, almost all of the Roads Division of the Department (including functions relating to vehicle and driver licensing and driver testing) was transferred to a newly created Department of Transport. These changes were designed to facilitate and enhance the Department’s focus on environmental protection, heritage policy, and conservation. Given the continued focus on environmental sustainability, it was appropriate that heritage matters relating to nature conservation and biodiversity should become integrated into the Department.
Review of organizational arrangements in relation to the built and natural heritage
The transfer of Dúchas to the Department was considered as a first step and, to a certain extent, an interim measure while a comprehensive review of organizational arrangements with respect to built and natural heritage functions was completed. The Government intended to give responsibility for the management of operational aspects of Ireland’s built heritage to the Office of Public Works (OPW), and it was therefore necessary to conduct such a review in order to assess how best the state heritage functions should be managed, having regard to the strengths of the Department, the OPW and other public sector players. In addition, the organizational review involved the exploration of opportunities to formalize existing linkages between some of the heritage functions and activities in the Department’s Planning and Environment Divisions, and the identification of new linkages and avenues through which these could be best exploited, including possibilities for regulatory reform and rationalization. Based on the findings of the review, the Government took the decision in April 2003 to transfer functions relating to Historic Properties/Education, Visitor Services, and the operational side of National Monuments and Architectural Protection to the Office of Public Works. Akey theme of the report of the review was the need to secure an effective integration of the heritage functions within the organizations of which they are now a part. In that context, the findings of the review pointed to important linkages which exist between architecture, archaeology, and planning, and to the desirable synergies between biodiversity/nature conservation and the wider – and widening – environmental agenda for which the Department is responsible.
Current structure of the Department
Taking account of the factors identified in the review of the Department’s heritage functions and of the growing responsibilities arising from the international environmental agenda, significant changes have recently been made to the divisional structure of the Department. Accompanying changes were also made to the distribution of functions between divisions. One of the primary objectives of the reorganization was to facilitate a closer alignment of the Department’s staff working on the built environment. Other changes which have been introduced are intended to bring greater coherence between nature conservation and other functions relating to environmental protection. In line with the Department’s Statement of Strategy 2003–2005, some of the changes introduced are intended to encourage even wider integration, extending from that which takes place within the areas of built and natural environment to greater integration and co-ordination between these two areas.
The Department is organized into six Divisions, comprising administrative sections, and professional staff. Each Division is headed by an Assistant Secretary who, along with the Secretary General and the Legal Adviser, is member of the Management Advisory Committee. The Management Advisory Committee has a particular role in strategic planning, policy co-ordination and personnel and organization matters, and much of its work feeds directly back into the six Divisions.
Bodies operating under the aegis of the Department
The programmes and policies of the Department are implemented largely through the local government system and through 17 agencies and semi-state bodies. Some of these administrative bodies are responsible for ensuring that environmental effects of the policies, programmes and projects are fully considered before decisions are taken. Conversely, others are responsible for taking decisions in relation to matters other than specifically environmental issues (eg, planning, development of housing or infrastructure), which could have environmental implications. Bodies most likely to be involved or otherwise concerned with environmental considerations include:
1. An Bord Pleanála, the Planning Appeals Board
An Bord Pleanála was established in 1977 under the Local Government (Planning and Development) Act 1976, and is an independent body responsible for the determination of appeals and certain other matters under the Planning and Development Acts 2000 to 2002, and with appeals under the Building Control Act 1990, the Local Government (Water Pollution) Acts 1977 and 1990 and the Air Pollution Act 1987.
2. Environmental Protection Agency (EPA)
The EPA is an independent body set up under the Environmental Protection Agency Act 1992. It is responsible for the licensing and control of large-scale activities having the potential to cause significant environmental pollution and for the licensing of landfill sites and other significant waste activities carried out by either private operators or local authorities. The EPA also provides guidance and support to local authorities in relation to management of sewage treatment plants and drinking water quality and, together with local authorities; it constitutes the primary enforcement body with respect to environmental regulation.
EPA is advised by a widely representative Committee, appointed by the Minister for the Environment, Heritage and Local Government from nominees of all the main sectors with environmental interests.
3. Comhar, the national sustainable development partnership
Comhar was established in 1999 to encourage greater sectoral and public participation in advancing sustainable development. It is a forum for national dialogue between the State, economic sectors, environmental and social NGOs and academics. Comhar also plays an important role in the legislative consultation process, which is discussed further below.
4. The Heritage Council
The Heritage Council was established as a statutory body under the Heritage Act 1995. Its role is to propose policies and priorities for the identification, protection, preservation, and enhancement of the national heritage. The Council has a particular responsibility to promote interest, education, knowledge, and pride in the national heritage. In addition, in partnership with the local government system, the Council has put in place a programme of engaging Heritage Officers within local authorities.
The focus of the Heritage Council has changed in recent years. For example, whereas it might have been involved in the planning process at a fairly detailed or specific level (for example, commenting on individual planning applications), it is now more concerned with securing more effective integration of heritage issues at a policy level. Further changes can be expected in the future; the policy roles and functions of the Council are being reviewed in the light of a preliminary review of the Heritage Act 1995, which was completed in 2003, and in the context of a much more fundamental review of the respective heritage policy roles and functions of both the Department and the Heritage Council.
5. Radiological Protection Institute of Ireland (RPII)
The RPII provides the Department with scientific advice on all matters relating to radiological safety and undertakes research in relation to such matters. It also operates an extensive monitoring function in relation to the presence and origin of environmental radioactivity and regulates the provision, use and disposal of radioactive substances employed in health and other industries.
6. Co-operation with the private sector
A major objective of the Department is to adopt new and innovative methods of working with the private sector, for example through public private partnerships (PPPs). The PPP approach is designed to promote efficiency in the delivery of infrastructural projects, to stimulate competition and to improve service standards. The Department supports the PPP process through development of strategy documents, such as the Framework for Public Private Partnerships, as well as guidance documents and technical notes. In this capacity the Department’s objective is to ensure an efficient competitive process and a fair balance in division of responsibilities between the public and private sectors.
The Framework for Public Private Partnerships requires that risks associated with the provision of infrastructure and the deliveries of services are shared fairly between the public and the private sectors. The Department implements this strategy through the development of policy frameworks and other guidance at sectoral level, which takes account of the national PPP Framework and the experience, gained through promotion of pilot projects. The Department provides funding for innovative PPP projects within the local government sector and supports communication and training programmes to encourage continued engagement in PPP projects by both private and public sector bodies. In addition, the Department provides extensive direct and indirect guidance for local authorities on the procurement and negotiation of PPP contracts, particularly in the areas of financial and legal advice, and it encourages awareness for both local government and private sector audiences through regular publication of circulars, newsletters, and briefings.
