Waste Management Act 1996

Application for a waste licence or review of a waste licence.

42

42. (1) ( a) Where a person proposes to make an application to the Agency for the grant of a waste licence under section 40 or for the review of a waste licence under section 46 , he or she shall publish or give notice of his or her intention to do so in such form and to such persons as may be prescribed under section 45 .

( b) Where the Agency proposes to review a waste licence under section 46 (1) , it shall publish such notice as may be prescribed under section 45 for the purposes of this section, and shall give notice in writing to the holder of the licence and, where appropriate, to the local authority in whose functional area the activity, the subject matter of the licence, is carried on, and to such other persons (if any) as may be so prescribed, of its intention to conduct such a review.

F169 [ (1A) In subsections (1B) to F170 [ (1I) ]

application for a licence means an application made to the Agency

( a ) for a waste licence under section 40 , or

( b ) by the holder of a waste licence for a review under section 46 of the waste licence;

application for permission means

( a ) an application for permission for development under Part III of the Planning and Development Act 2000 ,

( b ) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of the Planning and Development Act 2000 , or

( c ) an application for substitute consent under section 177E of the Planning and Development Act 2000 ;

grant of permission means

( a ) a grant of permission for development under Part III of the Planning and Development Act 2000 ,

( b ) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Planning and Development Act 2000 , or

( c ) a grant of substitute consent under section 177K of the Planning and Development Act 2000 .

(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required the applicant shall furnish to the Agency

( a ) confirmation in writing from a planning authority or An Bord Plean á la, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Plean á la, and in that case shall also furnish to the Agency either

(i) a copy of the environmental impact statement where one is required by or under the Planning and Development Act 2000 relating to that application for permission, or

(ii) confirmation in writing from the planning authority or An Bord Plean á la that an environmental impact assessment is not required by or under the Planning and Development Act 2000 ,

or

( b ) a copy of a grant of permission comprising or for the purposes of the activity to which the application for the licence relates that was issued by the planning authority concerned or An Bord Plean á la and in that case shall also furnish to the Agency either

(i) where the planning authority or An Bord Plean á la, accepted or required the submission of an environmental impact statement in relation to the application for permission, a copy of the environmental impact statement, or

(ii) confirmation in writing from the planning authority or An Bord Plean á la that an environmental impact assessment was not required by or under the Planning and Development Act 2000 .

(1C) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required but the applicant does not comply with subsection (1B) , the Agency shall refuse to consider the application and shall inform the applicant accordingly.

(1D) The Agency, on receipt of an application for a waste licence where an environmental impact statement is required under subsection (1B)(a)(i) shall

( a ) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Plean á la, as the case may be, that it has received an application to which subsection (1B)(a)(i) applies and request the planning authority or An Bord Plean á la to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Plean á la has in relation to the application for a licence,

( b ) consider any observations furnished to the Agency by the planning authority or An Bord Plean á la following a request under paragraph (a) before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence,

( c ) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Plean á la in relation to any environmental impacts of the proposed development comprising or for the purposes of the activity to which the application for a licence relates,

( d ) ensure that a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Planning and Development Act 2000 has expired without an appeal being made before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence.

(1E) The Agency, on receipt of an application for a waste licence where an environmental impact statement is required under subsection (1B)(b)(i) shall

( a ) within 2 weeks of the date of receipt of such application notify the planning authority in whose functional area the activity is or will be situate or An Bord Plean á la, as the case may be, that it has received an application to which subsection (1B)(b)(i) applies and request the planning authority or An Bord Plean á la to respond to the Agency within 4 weeks of receipt of the notice

(i) stating whether the activity to which the application for a licence relates is permitted by the grant of permission referred to in subsection (1B)(b) , and

(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Plean á la in respect of the development or proposed development to which the grant of permission referred to in subsection (1B)(b) refers and any observations that the planning authority or An Bord Plean á la has in relation to the application for a licence,

( b ) consider any observations furnished to the Agency by the planning authority or An Bord Plean á la following a request under paragraph (a) before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence,

( c ) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Plean á la in relation to any environmental impacts of the proposed development or development in being, as the case may be, comprising or for the purposes of the activity to which the application for a licence relates.

(1F) Where

( a ) a planning authority concerned or An Bord Plean á la gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a waste licence under section 40 or a review, on the application of the holder of the licence, of a waste licence under section 46 , and

( b ) the application for permission is accompanied by an environmental impact statement or in relation to which an environmental impact statement was sought by the planning authority or An Bord Plean á la,

the Agency shall

(i) satisfy itself that the development or proposed development the subject of the application for permission is development comprising or for the purposes of an activity requiring a licence under section 40 or a review, on the application of the holder of the licence, of a waste licence under section 46 ,

(ii) forward to the planning authority or An Bord Plean á la, as the case may be, such observations as it has on the application for permission, including the environmental impact statement, and

(iii) enter into such consultations with the planning authority or An Bord Plean á la in relation to the environmental impacts of the proposed development as the Agency, or the planning authority or An Bord Plean á la, as the case may be, considers necessary to enable completion of the assessment.

(1G)( a ) The environmental impact assessment required to be carried out by the Agency under section 40(2A) , where an application for a waste licence is in respect of an activity that involves development or proposed development that is the subject of an environmental impact assessment by the planning authority concerned or An Bord Plean á la under the Planning and Development Act 2000 , may be carried out by the Agency in part or in whole by way of consultation with, or the submission of observations to, that planning authority or An Bord Plean á la.

( b ) Where an application for permission relates to development or proposed development comprising or for the purposes of an activity in respect of which a waste licence under this Part is required

(i) in relation to which a grant of permission is required, which development is of a class prescribed by regulations made under section 176 of the Planning and Development Act 2000 but does not exceed a quantity, area or limit prescribed under those regulations, and

(ii) in respect of which, the planning authority concerned or An Bord Plean á la is obliged under the Planning and Development Act 2000 to make a determination whether an environmental impact assessment is required,

the Agency shall, when requested by the planning authority concerned or An Bord Plean á la, consult with or provide observations to the planning authority or An Bord Plean á la to assist the planning authority or An Bord Plean á la in its deliberations in relation to the determination referred to in paragraph (ii) and shall accept the determination of the planning authority or An Bord Plean á la so made.

(1H)( a ) Where the Agency receives an application for a licence in respect of an activity that involves development or proposed development for which a grant of permission is not required and the Agency, under section 40(2A) , decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit an environmental impact statement and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

( b ) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (a) , the application for a licence shall be deemed to be made on the date of receipt by the Agency of the environmental impact statement.

( c ) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (a) , the Agency shall do the following

(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the date of the notice and furnish any observations that the planning authority has in relation to the application including the environmental impact statement,

(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before giving notice under section 42(2) of the decision it proposes to make in relation to the application for a licence, and

(iii) enter into consultations, as the Agency considers appropriate, with the planning authority in relation to any environmental impacts of the proposed activity to which the application for a licence relates.

( d ) For the purposes of this subsection, section 5 , insofar as it refers to the definition of environmental impact statement , shall be read as if activity were substituted for development and with any other necessary modifications. ]

F171 [ (1I)( a ) This subsection applies

(i) notwithstanding subsections (1B) to (1H) ,

(ii) to an application for a licence made to the Agency before 30 September 2012,

(iii) where the Agency has not made a decision under section 40(1) or section 46(2) , including an application for a licence, within the meaning of subsection (1A) , to which section 40(2A) applies.

( b ) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 40(2A)(c)(ii) determines that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if an environmental impact statement was not submitted with the application for a licence, request the applicant to submit an environmental impact statement and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

( c ) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (b)

(i) the Agency shall consider the content of the environmental impact statement and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes and assesses the direct and indirect effects of the proposed development on the environment, and

(ii) if the Agency determines that the environmental impact statement and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall

(I) identify the manner in which the content of the environmental impact statement and other material is inadequate, and

(II) require the applicant for the licence to furnish, within the period specified in the notice, to the Agency, additional information required to correct the inadequacy so identified.

( d ) Where the applicant concerned fails to comply with a requirement under paragraph (c) , the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing, of such failure and that the application for a licence cannot be considered by the Agency.

( e ) Where an environmental impact statement is submitted to the Agency in accordance with a request under paragraph (b) and having complied with the requirements under paragraph (c) , the Agency shall do the following

(i) within 2 weeks of the date of receipt of such statement notify the planning authority in whose functional area the activity is or will be situate that it has received an application to which this subsection applies and request the planning authority concerned to respond to the Agency within 4 weeks of the receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the environmental impact statement,

(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 40(1) or section 46(2) in relation to the application for a licence, and

(iii) enter into consultations, as the Agency considers appropriate, with the planning authority or any person or body that it considers appropriate in relation to any environmental impacts of the proposed activity to which the application for a licence relates. ]

(2) Before making a decision under section 40 in respect of an application made to it for the grant of a waste licence, or under section 46 (2) in consequence of a review of a waste licence that has been conducted by it under that section F172 [ including an application for a licence, within the meaning of subsection (1A) , to which section 40(2A) applies ], the Agency shall give notice in writing to—

( a) the applicant or the holder of the licence, as the case may be,

F172 [ ( aa ) where a planning authority concerned or An Bord Plean á la is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to which section 40(2A) applies is required, the planning authority or An Bord Plean á la, ]

( b) any person who has made a written submission to it in relation to the application or the review, in accordance with regulations under this Part,

( c) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on, and

( d) such other persons as may be prescribed,

of the decision it proposes to make in respect of the application or in consequence of the review and, where the decision so notified is a decision to grant a waste licence or a revised waste licence, shall specify where a copy of the proposed licence or revised licence may be obtained.

(3) Any person may, subject to compliance with the requirements of any regulations under sections 45 and 50 , and at any time before the expiration of the appropriate period, make an objection to the Agency in relation to a decision referred to in subsection (2) that it proposes to make.

(4) An objection shall—

( a) be made in writing,

( b) state the name and address of the objector,

( c) state the subject matter of the objection,

( d) state in full the grounds of objection and the reasons, considerations and arguments on which they are based, and

( e) be accompanied by such fee (if any) as may be payable in respect of the making of such objection in accordance with regulations under section 50 .

(5) ( a) An objection which does not comply with the requirements of subsection (4) shall be invalid.

( b) The requirement of subsection (4) (d) shall apply whether or not the objector requests, or proposes to request, under subsection (9) an oral hearing of the objection.

(6) An objection shall be accompanied by such documents, particulars, or other information relating to the objection as the objector considers necessary or appropriate.

(7) Without prejudice to the provisions of any regulations under section 45 , an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of objection stated in the objection, and any such elaboration, submissions or further grounds of objection that is or are received by the Agency shall not be considered by it.

(8) Any documents, particulars or other information submitted by an objector, other than such documents, particulars or other information which accompanied the objection or which were furnished to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45 , shall not be considered by the Agency.

(9) ( a) A person making an objection under subsection (3) may request an oral hearing of the objection.

( b) (i) A request for an oral hearing of an objection shall be made in writing to the Agency and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations under section 50 .

(ii) A request for an oral hearing of an objection which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Agency.

( c) A request for an oral hearing of an objection shall be made within the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.

(10) An objection, or a request for an oral hearing under subsection (9), shall be made—

( a) by sending the objection or request by prepaid post to the Agency, or

( b) by leaving the objection or request with an employee of the Agency, at the principal office of the Agency, during office hours, or

( c) by such other means as may be prescribed.

(11) ( a) Where a request for an oral hearing of an objection is made in accordance with subsection (9), or otherwise where an objection has been made, the Agency shall have an absolute discretion to hold an oral hearing in relation to the objection and, if it decides to hold such a hearing, it shall give notice in writing of that decision to—

(i) the applicant or the holder of the licence, as the case may be,

(ii) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on,

F173 [ ( aa ) where a planning authority concerned or An Bord Plean á la is considering or has considered an application for permission for development comprising or for the purposes of the activity in relation to which the application for a waste licence to which section 40(2A) applies is required, the planning authority or An Bord Plean á la, ]

(iii) any person who requested an oral hearing, and

(iv) such other person as may be prescribed.

( b) Where the Agency decides not to hold an oral hearing under this subsection, it shall give notice in writing of its decision to the person who requested the oral hearing.

F174 [ (11A) When

( a ) in relation to an application for a waste licence under section 40 , a decision to grant or refuse a waste licence has been taken, or

( b ) a decision is made in consequence of a review on an application of the holder of the licence, of a waste licence under section 46 ,

the Agency, in accordance with regulations under section 45 , shall inform the persons referred to in or prescribed under subsection (2) , including the public, of its decision and shall make available the following information:

(i) the content of the decision and any conditions attached thereto;

(ii) an evaluation, subject to section 40(2A) , of the projects direct and indirect effects of the activity or proposed activity on the factors referred to in paragraphs (i) to (iii) of the definition of environmental impact assessment in section 40(2A)(a) and the interaction between those factors;

(iii) having examined any submission or observation made to the Agency

(I) the main reasons and considerations on which the decision is based, and

(II) the main reasons and considerations for the attachment of any conditions,

including reasons and considerations arising from or related to submissions or observations made by a member of the public;

(iv) a description, where necessary, of the main measures to be taken to avoid, reduce and, if possible, offset the major adverse effects of the activity or proposed activity;

(v) any reports referred to in section 40(2A)(g) ;

(vi) information on the procedures available to the persons referred to in or prescribed under subsection (2) , including the public, to review the substantive and procedural legality of the decision. ]

(12) In this section “ the appropriate period” means the period of 28 days beginning on the day on which notification is sent under subsection (2) in respect of the matter concerned.

Annotations:

Amendments:

F169

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(a), in effect as per reg. 1(2).

F170

Substituted (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2011), reg. 4(1)(a).

F171

Inserted (26.11.2013) by European Union (Environmental Impact Assessment) (Waste) Regulations 2013 (S.I. No. 505 of 2011), reg. 4(1)(b).

F172

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(b), in effect as per reg. 1(2).

F173

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(c), in effect as per reg. 1(2).

F174

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 7(1)(d), in effect as per reg. 1(2).

Modifications (not altering text):

C20

Application of subs. (7) restricted (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 24, in effect as per reg. 1(2).

Power of Agency to request a further submission by an objector.

24. Where the Agency is of the opinion that, in the particular circumstances of an objection, it is appropriate in the interests of justice to enable the objector to make a further submission in relation to any matter which has arisen in relation to the objection, the Agency may, at its discretion and notwithstanding section 42(7) of the Act, give a notice under this article—

( a) requesting that objector, within a period specified in the notice (not being less than fourteen or more than twenty-eight days beginning on the date of the giving of the notice) to make to the Agency a submission in writing in relation to the matter in question, and

( b) stating that, if a submission in writing is not received before the expiration of the period specified in the notice, the Agency will, after the expiration of that period and without further notice to the objector, proceed with its consideration of the objection and make a decision in respect of the application or in consequence of the review in question, as the case may be.

Editorial Notes:

E441

Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).

E442

Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).

E443

Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).

E444

Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.

E445

Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.