S.L. 643.5 Art. 4Greenhouse gas emissions permits.

(1) From 1 January 2025, no regulated entity shall carry out the activity listed in Schedule 1 resulting in emissions specified in relation to that activity unless such regulated entity holds a permit issued by the Authority in accordance with regulation 6.

(2) Where a regulated entity carries out the activity listed in Schedule 1 without holding a permit in accordance with sub-regulation (1), the regulated entity shall be liable to the imposition of an administrative penalty:

(a) when emissions of a regulated entity during that year are equal to, or less than fifty thousand (50,000) tonnes carbon dioxide equivalents, of ten thousand euro (€10,000), and one hundred euro (€100) for each day of non-compliance from the date of a notice given by the Authority to the regulated entity;

(b) when emissions of a regulated entity during that year are more than fifty thousand (50,000) tonnes of carbon dioxide equivalents, of fifty thousand euro (€50,000), and three hundred euro (€300) for each day of non-compliance from the date of a notice given by the Authority to the regulated entity.

(3) For the purposes of determining the administrative penalty under sub-regulation (2), when the emissions of the regulated entity are not known or are not reported or where the Authority is satisfied that there is no reasonable possibility that the quantity of emissions shall be reported by the regulated entity, the Authority may determine itself the emissions of that regulated entity. The Authority shall use the best available data and ensure that a conservative estimate is made that does not underestimate emissions. The regulated entity shall be liable to the imposition of an administrative penalty equal to the amounts established in sub-regulation (2) in respect of the quantity of emissions estimated in accordance with this sub-regulation.

(4) A permit issued by the Authority in accordance with sub-regulation (1) shall be valid for the duration of the performance of an activity listed in Schedule 1 in respect of which the permit is issued, unless the permit is surrendered in accordance with regulation 8 or revoked in accordance with regulation 9.

(5) The Authority shall ensure that permits issued by it in accordance with sub-regulation (1) shall be made publicly available.