Environment Protection (Sea Dumping) Act 1984

Subject to this section, the Minister may, in his discretion, grant, or refuse to grant, a permit to a person who has made an application in accordance with section 14.

The Minister shall give a decision under subsection (1) on an application for a permit within ninety days after the application is made.

Subject to subsection (4), a permit for dumping or loading for dumping shall not be granted in respect of any wastes or other matter to which

The Minister may grant a permit for dumping or loading for dumping wastes or other matter to which Annex I to the Convention applies if, in the opinion of the Minister, there is an emergency posing an unacceptable risk relating to human health and admitting no other feasible solution.

In considering the granting of a permit for dumping or loading, the

the factors set forth in Annex III to the Convention;

in a case to which Section B of Annex II to the Convention applies—the matters set out in that Section; and

in a case to which Section D of Annex II to the Convention applies—any recommendations referred to in that Section.

A permit for incineration at sea of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to that Annex and, in considering the granting of such a permit, the Minister shall take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other

A permit for incineration at sea of wastes or other matter listed in Annex II to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at

Before granting a permit for dumping, the Minister may require the applicant to enter into an agreement with the State that includes one or more of the following provisions:

that the applicant will, at his own expense but subject to the direction and supervision of the Minister, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation of any contaminants;

that the applicant will investigate, as specified in the agreement and subject to the direction and supervision of the Minister, the possibility of avoiding or reducing the need for further dumping by him;

that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph;

that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement;

that, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement—

the State may undertake the necessary research, monitoring or investigation, as the case may be; and

in that event, the applicant will reimburse the State the amount, as ascertained by the Minister, of the expense incurred by the State in connection with such undertaking;

that the applicant is to give a security to the State for the payment of any amount that he may become liable to pay to the State under the agreement;

that the applicant will report to the Minister the results of any research, monitoring or investigation undertaken by him in accordance with the agreement.

A permit granted under this section shall be expressed, in accordance with the Convention, to be either a general permit or a special permit.