S.L. 549.172 Art. 35Transitory provisions.   Amended: L.N. 233 of 2025. for a new for each Permit; €750 €1,500 €1,500 1.5 1.6 1.7 1.8 1.9 €1,500 €1,500 €2,500 and a fee per as established Authority €2,500 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 Micro- of in the Use of Micro- andthe Release into the of

(1) Permits which have been issued by the Authority

APPLICATIONS AND THEIR DETERMINATION)

prior to the coming into force of these regulations and which are still valid, shall be construed as authorised under these regulations, unless they have expired or have been superseded by a permit issued in accordance with these regulations.

(2) The provisions of sub-regulation (1) shall also be applicable to conditions, specifications and obligations related to such permit, including any requirement to renew the validity of the permit.

(3) Applications that have been submitted before the coming into force of these regulations shall be exempt from the fee prescribed in the respective Schedule, unless a fee was already applicable in accordance with any other regulations issued under the Act.

(4) Where it is proven to the satisfaction of the Authority that the operation, intervention or activity specified in the Second Schedule, was already exercised prior to the coming into force of these regulations, such operation, intervention or activity may be deemed cleared by the Authority subject to such terms and conditions as the Authority may impose.

(5) An application for clearance of an operation, intervention or activity specified in sub-regulation (4) and in the Second Schedule shall be submitted to the Authority within six (6) months from the coming into force of these regulations.

(6) The Authority shall determine an application for clearance for an operation, intervention or activity specified in sub-regulation (4) and the Second Schedule without delay and may refuse any such application on any grounds valid at law:

Provided that the determination of an application for clearance shall not be subject to appeal, except by the applicant, from a refusal of a clearance or from a condition imposed in the clearance.

(7) A clearance issued in terms of sub-regulation (4) shall be valid for four (4) years:

Provided that prior to the expiration of the clearance, the applicant shall apply for a permit to cover the operation, intervention or activity subject of the clearance, which application shall be deemed as an application for the renewal of a permit for all intents and purposes of these regulations:

Provided further that upon expiration of the clearance, the operation, intervention or activity shall continue subject to a permit issued under these regulations and in line with any such conditions stipulated in the permit.

First Schedule

Operations, Interventions And Activities Falling Within The Scope Of These Regulations (Regulations 4, 9, 11, 13, 15, 18, 25) The following operations, interventions and activities shall require a permit in accordance with these regulations, and the level type and application fee payable for each category shall be applicable as indicated in the table: The following notations shall be interpreted as follows: # Identifies those categories which shall be published on the Authority’s website for representations in accordance with regulations 9(3) and 13(1) and which require a decision to be taken in public in accordance with regulation 15(2); † Identifies those categories which may be exempt from the application fee for reasons of research or educational purposes as stipulated in regulation 25.

Category Operation, intervention or Type of Fee activity application or application permit

Waste management operations

€100 Consignment authorisation on 1.1 Level I Consignment land

Mobile unit for treatment of 1.2 Level I waste on the site of generation

Storage of hazardous wastes in 1.3 quantities of more than 5 tonnes Level II per day (#)

Quarry operations, which may include stone extraction and, or 1.4 the recycling of inert waste or Level II construction and demolition waste (#) APPLICATIONS AND THEIR DETERMINATION)

Backfilling of excavation voids as defined by the Waste Management (Management of Level II €1,000 Waste from Extractive Industries and Backfilling) Regulations (S.L. 549.50.) (#)

Category 1.5 operations which include crushing prior to Level II €750 backfilling (#) Civic amenity site (#) Level II €1,500 €500 or as otherwise Producer Responsibility established in Level II Organisation relevant subsidiary legislation

Other waste management operations, not listed elsewhere in this Schedule, and other operations within the scope of the Waste Regulations (S.L. 549.63), except works requested Level II €1,500 by the Authority for the purpose of site remediation or restoration, stabilisation of material or other environmental improvement (#) Non-hazardous waste collection, treatment, disposal, temporary storage and, or preparation for reuse (including packaging, 1.10 Level II sorting and, or processing of waste prior to reuse or recovery), except waste generated on the same site (#)

Depot carrying out temporary storage of construction and 1.11 demolition waste and Level II preparation for reuse, recycling or recovery of such waste (#)

Hazardous waste collection, temporary storage, treatment, (including packaging sorting and, or processing of waste prior 1.12 to preparation for reuse, recy- Level III cling or recovery), preparation for reuse, recycling and, or dis-posal except waste generated on the same site (#)

Consignment and disposal at €1,500 1.13 sea, including operations in Level II tonne association with Category 2.1 by the

Waste incineration or co-incin-1.14 Level III eration (#) APPLICATIONS AND THEIR DETERMINATION)

Decontamination and, or disposal as regulated by the Waste Management Level III €2,500 (Polychlorinated Biphenyls and Polychlorinated Terphenyls) Regulations (S.L. 549.28.) (#)

Transboundary movements of waste subject to the prior informed consent procedure pursuant to Regulation (EU) 2024/1157 of the European As established in Parliament and of the Council of the Waste 11 April 2024 on shipments of Trans-frontier Management waste, amending Regulations shipment permit (Shipments of

(EU) No 1257/2013 and (EU) Waste) Regulations 2020/1056 and repealing (S.L. 549.65.) Regulation (EC) No 1013/2006 and the Waste Management (Shipments of Waste) Regulations (S.L. 549.65.)

Modifications to written consents for transboundary movements of waste subject to the prior informed consent procedure pursuant to Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024 on €100 for every Not applicable shipments of waste, amending amendment Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 and the Waste Management (Shipments of Waste) Regulations (S.L. 549.65) Interventions and activities in relation to biodiversity and the natural environment APPLICATIONS AND THEIR DETERMINATION)

As established in the Trees and Registration as licensed tree Woodlands specialist Protection Regulations (S.L. 549.123.) Activity involving fifty (50) €100 persons or more, or other Provided that clean-activities falling with the scope up activities may, at of the Flora, Fauna and Natural the discretion of the Habitats Protection Regulations Authority, be (S.L. 549.44) within a protected exempt from paying area (†) such fee.

Operations, structural or permanent interventions, in a €100 protected area (†)

Taking of species protected under the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44.) (†), € 20 other than hunting, trapping, scientific ringing or geo-tagging of birds Level I

Interventions on up to 10 €20 protected trees

Interventions on more than 10 €100 protected trees (#)

Importation of, and operations related to, invasive alien species of national or European concern, other than the control or €100 removal of such species in accordance with the methodology approved by the Authority (#) (†)

Interventions and activities for the purpose of access to genetic resources through prior €100 informed consent for wildlife, except birds (#) (†) Use of genetically modified organisms Notification of the following as defined in the Contained Use of Genetically Modified Organisms Regulations (S.L.549.49) and the Deliberate Release into the Environment Genetically Modified Organisms Regulations (S.L. 549.60):

First-time use of premises for As established 1.26 contained use of genetically Contained modified organisms (#) Genetically Level I Modified Individual contained use of Organisms 1.27 genetically modified organisms Regulations (#) (S.L.549.49) Deliberate Deliberate release of genetically

1.28 modified organisms, other than Environment placing on the market (#) Genetically Level III Modified Placing on the market of Regulations 1.29 genetically modified organisms

(#) Others

Hull cleaning and propeller registration; 1.30 polishing on vessels greater than Level I €50 30 metres notification Renewal of existing quarrying 1.31 Level I licence As established Limitation Operations covered by the Emissions Limitation of Emissions of Certain Certain Pollutants into the air 1.32 Level II into from Medium Combustion

Plants Regulations (S.L. Combustion 549.122) Regulations

APPLICATIONS AND THEIR DETERMINATION)

Fuel terminals including those within scope of the Control of Volatile Organic Compound -VOC Emissions (Storage and Level III €2,500 Distribution of Petrol from Terminals to Service Stations) Regulations (S.L. 549.52) (#)

Retail and wholesale of fuel, including petrol stations covered by the Control of Volatile Organic Compound - VOC Level III €2,500 Emissions (Storage and Distribution of Petrol from Terminals to Service Stations) Regulations (S.L. 549.52) (#)

Operations covered by the Urban Waste Water Treatment Level III €2,500 Regulations (S.L. 549.22)

Treatment plants of domestic sewage, industrial effluent or Level II €1,500 farmyard waste, not covered by Category 1.35 (#)

Ancillary aquaculture facilities Level II €1,500 (#) Marine aquaculture, including Level III €2,500 fish farms (#) Onshore aquaculture (#) Level III €2,500 Operations covered by the Industrial Emissions (Limitation 1.40 of Emissions of Volatile Level III Organic Compounds) Regulations (S.L. 549.79)

1.41 Crematorium (#) Level III

As established Operations falling within scope regulation of Schedule 1 to the Industrial Schedule Emissions (Integrated Pollution Industrial Prevention and Control) 1.42 IPPC permit (Integrated Regulations (S.L. 549.77) and Prevention the Industrial Emissions

(Framework) Regulations Regulations (S.L.549.76) (#)

Extended Producer Responsibility not covered under Category 1.8 Category Activity Type of Fees application or permit 1.43 Producer €500 + Responsibility Level I producer Organisation for every Batteries thereafter 1.44 Self-compliant €100 + producer for Batteries Level I every thereafter

SECOND SCHEDULE Operations, interventions and activities for which clearance in accordance regulation 35(4) may be granted The following operations, interventions and activities shall require within six (6) months from entry into force of these regulations, and subsequently clearance under these regulations. The level type and application fee each category shall be applicable as indicated in the table: The following note shall be interpreted as follows: APPLICATIONS AND THEIR DETERMINATION)

Identifies those categories that at the stage of renewal of the clearance are to be published on the Authority’s website for representations in with regulations 9(3) and 13(1) and which require a decision to be taken accordance with regulation 15(2);

Operation, Intervention or Type of application Fee for a Activity orpermit new appli-cation €2,500 and Reclamation on land or at sea, a fee per using inert waste or stabilised metre cubed waste that has reached end-of-Level III 3 (m ) as waste status, in association with established Category 1.13 where reclamation by the or dumping is at sea (#) Authority Animal slaughterhouse (#) Level II €1,500 Rendering plant (#) Level II €1,500 Quarrying operations not covered Level II €1,500 by category 1.4 or 1.31 (#) Manufacture of computer, elec-tronic and electrical equipment Level II €1,500 and optical products Manufacture or processing of asphalt or other non-metallic min-products, including batching Level II €1,500 plants, but excluding temporary plants (#) Manufacture and blending of chemical and fuel products and man-made fibres, excluding dilu-tion with water only and not Level II €1,500 involving chemical or biological processes, and also excludes fire-works factories (#) Operations involving galvanising Level II €1,500 sand blasting of materials exceeding 10 tonnes every day (#) Manufacture of rubber and plastic Level II €1,500 products Manufacture of animal feed with a Level II €1,500 production of more than 10 tonnes day (#) 2.11 Yards and other premises on land Level II for repair and maintenance of vessels, aircraft and other transport, exceeding 1000 square meters and not covered by Category 1.40

2.12 Operations with a discharge of Level II trade effluent to sea, land, storm or rainwater drains or culverts, falling within the scope of the Water Policy Framework Regulations (S.L. 549.100) Note: Trade effluent means any liquid, with or without other material in suspension or dissolved in it, which is discharged from trade premises, other than uncontaminated storm water run-off and domestic sewage.

2.13 Marine container terminals (#) Level III

2.14 Shipyards and ancillary operations Level III (#) 2.15 Wholesale of solid, liquid and Level III gaseous fuels, industrial gases and related products (#)

2.16 Cement packaging facility (#) Level II

2.17 Cement terminal (#) Level III APPLICATIONS AND THEIR DETERMINATION)

Manufacture of pharmaceutical Level III €2,500 products and pharmaceutical preparations, excluding: (a) production of active pharmaceutical ingredients and intermediates; and

(b) operations that are limited to repackaging only.