Environmental Protection Agency Act, 1992

Monitoring activities of public authorities.

68.—(1) The Agency shall exercise general supervision over the monitoring carried out by local authorities (and such other public authorities as may be prescribed) for the purposes of any enactment relating to environmental protection.

(2) The Agency shall keep itself informed of the nature and extent of the monitoring carried out by each local authority and by each public authority prescribed under subsection (1).

(3) For the purposes of subsection (2), the Agency may require a local authority or other public authority prescribed under subsection (1) to provide information within a specified period on—

(a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring,

(b) the manner in which samples and measurements are taken and analyses are carried out,

(c) the equipment being used for the purposes of taking such samples and measurements or of carrying out such analyses,

(d) the results of such monitoring,

and the authority shall not unreasonably withhold the information sought.

(4) The Agency may, for the purposes of subsection (1), of its own volition, or at the request of a local authority or other public authority prescribed under subsection (1), advise the authority in relation to—

(a) the number and location of places within an area at which monitoring should be carried out and the frequency of such monitoring,

(b) the manner in which samples and measurements are to be taken and analyses are to be carried out,

(c) the equipment to be used for the purposes of taking such samples and measurements or of carrying out such analyses,

(d) the manner in which the results of such monitoring should be published or otherwise made available.

(5) The Agency may provide such services including general support, back-up, advice and assistance, as it considers necessary for the discharge by a local authority or other public authority prescribed under subsection (1) of its monitoring operations.

(6) The Agency may make arrangements with a local authority or other public authority prescribed under subsection (1) on such terms and conditions as may be agreed, for the provision of services under subsection (5).

(7) The Agency shall, at intervals not exceeding three years, prepare and publish a report on the monitoring operations of local authorities and other public authorities prescribed under subsection (1) and may, at more frequent intervals, report on monitoring operations related to particular environmental issues, or to particular areas, or to particular local authorities or to particular public authorities prescribed under subsection (1).

(8) A report under subsection (7) shall be laid by the Minister before each House of the Oireachtas.