Waste Management Act 1996

42B

F176 [ Amendments of waste licence of clerical or technical nature. ]

F176 [ 42B . (1) The Agency may amend a waste licence for the purpose of

( a ) correcting any clerical error therein,

( b ) facilitating the doing of any thing pursuant to a condition attached to the licence where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the condition or the terms of the licence taken as a whole but which was not expressly provided for in the F177 [ condition, ]

F178 [ ( bb ) facilitating compliance by the holder of a licence with technical requirements that may be established, or amended, arising from the introduction of new Community acts or amendments to existing Community acts, or ]

( c ) otherwise facilitating the operation of the licence and the making of the amendment does not result in the relevant requirements of section 40(4) ceasing to be satisfied.

(2) None of the requirements of section 46 or of any other provision of this Part shall apply to the exercise of the power under subsection (1) but the Agency shall, where appropriate, consult with the holder of the licence before exercising the power.

(3) The Agency shall, as soon as may be after the exercise of the power under subsection (1) , notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency under section 42(3) in relation to any exercise of the powers under section 40 or 46 as respects the waste licence concerned. ]

Annotations:

Amendments:

F176

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 38, S.I. No. 393 of 2004.

F177

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 22(a).

F178

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 22(b).