Waste Management Act 1996

76A

F245 [ Transitional matters for activities not licensed under this Act consequent upon Industrial Emissions Directive.

76A. ~ (1) In this section

earlier Part V means Part V as it had effect before the coming into operation of the European Union (Industrial Emissions) Regulations 2013;

licence or revised licence means a licence or revised licence under Part IV of the Act of 1992.

(2) On or after 7 January 2014 a person shall not carry on an activity to which subsection (3) applies unless

( a ) on the coming into operation of this section a waste licence or revised waste licence under the earlier Part V is in force in relation to the activity, or

( b ) in respect of the activity

(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and

(ii) on or before 7 January 2014

(I) a waste licence or revised waste licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i), subject to subsection (6) , is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and

(II) the licensee concerned commences carrying on the activity.

(3) Subsection (2) applies to any of the following activities:

( a ) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EU 1 1 of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (in this section referred to as Directive 2008/1/EC ) applies to the activity;

( b ) an activity specified in paragraph 11.4( a )(i) or (ii) or paragraph 11.5 of the First Schedule to the Act of 1992.

(4) On or after 7 July 2015 a person shall not continue to carry on an activity to which subsection (5) applies unless

( a ) on the coming into operation of this section a waste licence or revised waste licence granted under the earlier Part V is in force in relation to that activity, or

( b ) in respect of the activity

(i) on the coming into operation of this section an application has been made to the Agency under the earlier Part V for a waste licence or revised waste licence and the requirements of regulations made under section 45 in relation to the application for the waste licence or revised waste licence have been complied with by the applicant, and

(ii) on or before 7 July 2015

(I) a waste licence or revised waste licence licence, or, as the case may be, a licence or revised licence, on foot of the application referred to in subparagraph (i) , subject to subsection (7) , is granted if required, under the earlier Part V or, as the case may be, Part IV of the Act of 1992, and

(II) the licensee concerned commences carrying on the activity.

(5) Subsection (4) applies to any of the following activities:

( a ) an activity specified in paragraph 11.2 or 11.3 of the First Schedule to the Act of 1992 provided that Directive 2008/1/EC does not apply to the activity;

( b ) an activity specified in paragraph 11.4( a )(iii), 11.4( a )(iv), 11.4( a )(v), 11.4( b ), 11.6 or 11.7 of the First Schedule to the Act of 1992.

(6)( a ) Where an application to which subsection (2)( b ) refers is determined or completed by the Agency before 30 September 2013 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V .

( b ) Where an application to which subsection (2)( b ) refers is determined or completed by the Agency on or after 30 September 2013, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.

(7)( a ) Where an application to which subsection (4)( b ) refers is determined or completed by the Agency before 28 February 2014 it shall be dealt with by the Agency, and be determined or completed by it under the earlier Part V .

( b ) Where an application to which subsection (4)( b ) refers is determined or completed by the Agency on or after 28 February 2014, it shall, subject to this section, be dealt with by the Agency, and be determined or completed by it, under Part IV of the Act of 1992 and the licence or revised licence concerned shall be deemed to have been granted under Part IV of the Act of 1992 and shall not be a waste licence or a revised waste licence.

(8) A waste licence or revised waste licence referred to in subsection (2)( a ) in force on the coming into operation of this section or (2)( b ) and granted in accordance with subsection (6)( a ) under the earlier Part V , shall continue in force as if this section had not come into operation until the Agency, not later than 7 January 2014, shall have

( a ) examined the terms of every waste licence and revised waste licence referred to in subsection (2)( a ) or (2)( b ) which was granted under the earlier Part V and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and

( b ) if

(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11) , or

(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(9) A waste licence or revised waste licence referred to in subsection (4)(a) in force on the coming into operation of this section or (4)(b) and granted, in accordance with subsection (7)(a) under the earlier Part V , shall continue in force as if this section had not come into operation until the Agency, not later than 7 July 2015, shall have

( a ) examined the terms of every waste licence and revised waste licence referred to in subsection (4)(a) or (4)(b) which was granted under the earlier Part V and for the time being in force and determined whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence or revised waste licence is to be amended to bring it into conformity with that Directive, and

( b ) if

(i) it has determined that the waste licence or revised waste licence requires to be so amended, completed the amendment in accordance with subsection (11) , or

(ii) it has determined that the waste licence or revised waste licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.

(10)( a ) None of the requirements of section 90 of the Act of 1992 shall apply to the exercise of the power under subsection (8) or (9) but the Agency shall, where appropriate, consult with the licensee before exercising the power.

( b ) Where the Agency considers that it is necessary for the purpose of performance of the functions conferred on the Agency under subsection (8) or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.

( c ) The Agency shall, as soon as may be after the exercise of the power under subsection (8) or (9) , 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 or revised waste licence concerned.

(11) If the bringing into conformity with the Industrial Emissions Directive of a waste licence or revised waste licence under subsection (8) or (9) can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the waste licence or revised waste licence (and the making of the amendment will not significantly alter the character of the licence) then the Agency shall make those amendments of the conditions of or schedules to the waste licence or revised waste licence (which, by virtue of this subsection, it has power to do).

(12) On and from the performance of its functions by the Agency under subsection (8) or (9)

( a ) Part IV of the Act of 1992 applies to the licence in relation to which the Agency has made its determination under either subsection,

( b ) the licence concerned shall be deemed to have been granted under Part IV of the Act of 1992, and

( c ) the licence concerned shall not be a waste licence or a revised waste licence. ]

Annotations:

Amendments:

F245

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 28.

1 O.J. No. L24, 29.1.2008, p.8