38. — (1) The occupier of industrial plant—

(a) in respect of which a licence is in force under this Act, or

(b) which is existing industrial plant the operation of which is not required to be licensed under regulations made under section 30 ,

shall give notice in writing to the local authority in whose functional area the industrial plant is situate if he proposes to—

(i) effect any alteration to, or reconstruction of, the plant, or

(ii) effect any alteration in the processes being carried out therein,

and such alteration or reconstruction would, or is likely to, materially increase emissions from the plant or cause new emissions therefrom.

(2) Whenever a local authority receive a notice under this section, the local authority, notwithstanding any other provision of this Act, may—

(a) if there is a licence in force in respect of the industrial plant concerned, either review the licence under section 33 or direct the occupier to apply for a new licence, or

(b) if there is no such licence in force, direct the occupier to apply for a licence,

and the occupier shall not effect the alteration or reconstruction until the review has been completed or the new licence or licence, as the case may be, has been granted.

(3) Where a local authority decide pursuant to subsection (2) to review a licence or to direct the occupier concerned to apply for a new licence or, as the case may be, a licence, the local authority shall, within one month of the receipt by them of the notice under this section, inform the occupier concerned accordingly and, if such occupier is not so informed, subsection (2) shall cease to have effect in relation to the alteration or reconstruction specified in the notice.