87.—(1) Without prejudice to the requirements of any regulations under section 85 or 89—

(a) where an application F143[, other than a designated application,] is to be made to the Agency for a licence under section 83, or the review of a licence or a revised licence under section 90, the applicant shall notify in writing the planning authority in whose functional area the activity is or will be situate and such other person (if any) as may be prescribed, and shall publish or give such notices as may be prescribed under section 89, and

(b) where the Agency proposes to review a licence or revised licence under section 90 of its own volition, it shall publish or give such notice as may be prescribed under section 89, and shall notify in writing the licensee and the planning authority in whose functional area the activity is situate and such other person (if any) as may be prescribed, of its intention to review the licence or revised licence.

F144[(1A) In subsections (1B) to F145[(1I)]—

“application for a licence” means an application F143[other than a designated application] made to the Agency—

(a) for a licence or a revised licence under this Part, or

(b) by the licensee under section 90(1)(b) for a review of a licence or a revised licence.

“application for permission” means—

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

(b) an application for approval for development under section 175, 177AE, F146[181(2A),] 181A, 182A, 182C or 226 of the Act of 2000, or

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

“grant of permission” means—

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

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

(c) a grant of substitute consent under section 177K of the Act of 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 F146[or that involves development that is carried out or is proposed to be carried out F147[…] pursuant to an order made, or proposed to be made, under section 181(2)(a) of the Act of 2000 (in this section referred to as a "section 181(2)(a) order"),] the applicant shall furnish to the Agency—

(a) confirmation in writing from a planning authority or An Bord Pleanála, 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 Pleanála, and in that case shall also furnish to the Agency either—

(i) a copy of the F148[environmental impact assessment report] where one is required by or under the Act of 2000 relating to that application for permission, or

(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required by or under the Act of 2000 F146[or was exempted, in accordance with that Act, from being so required,]

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 Pleanála F146[or where a section 181(2)(a) order has been made, a copy of that order,] and in that case shall also furnish to the Agency either—

(i) where the planning authority or An Bord Pleanála, accepted or required the submission of an F148[environmental impact assessment report] in relation to the application for permission, a copy of the F148[environmental impact assessment report], or

(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment was not required by or under the Act of 2000 F146[or was exempted, in accordance with that Act, from being so required].

F149[(1C) Where an application for a licence is made to the Agency in respect of an activity referred to in subsection (1B) but the applicant does not comply with that subsection, the Agency shall refuse to consider that application and shall inform the applicant accordingly.]

(1D) The Agency, on receipt of an application for a licence where an F148[environmental impact assessment report] 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 Pleanála, 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 Pleanála to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,

(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence,

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála 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,

F149[(d) ensure that—

(i) 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 Act of 2000 has expired without an appeal being made before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence, or

(ii) a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for the licence relates or An Bord Pleánala has refused to grant approval under section 181(2L) of the Act of 2000 in respect of the development before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence.]

(1E) The Agency, on receipt of an application for a licence where an F148[environmental impact assessment report] 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 Pleanála, 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 Pleanála 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) F146[or by an approval granted under section 181(2L) of the Act of 2000, as the case may be,] and

(ii) furnishing all documents relating to the environmental impact assessment carried out by the planning authority or An Bord Pleanála in respect of the development or proposed development to which the grant of permission referred to in subsection (1B)(b) F146[or an approval granted under section 181(2L) of the Act of 2000, as the case may be,] refers and any observations that the planning authority or An Bord Pleanála has in relation to the application for a licence,

(b) consider any observations furnished to the Agency by the planning authority or An Bord Pleanála following a request under paragraph (a) before notifying under section 87(2) indicating its proposed determination in relation to the application for a licence,

(c) enter into consultations, as the Agency considers appropriate, with the planning authority or An Bord Pleanála 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 Pleanála gives notice to the Agency of an application for permission comprising or for the purposes of an activity requiring a licence under section 83 or a review on the application of the licensee, under section 90(1)(b), of a licence or a revised licence, and

(b) the application for permission is accompanied by an F148[environmental impact assessment report] or in relation to which an F148[environmental impact assessment report] was sought by the planning authority or An Bord Pleanála,

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 or a revised licence under section 83 or a review, on the application of the licensee under section 90(1)(b) of a licence or a revised licence,

(ii) forward to the planning authority or An Bord Pleanála, as the case may be, such observations as it has on the application for permission, including the F148[environmental impact assessment report], and

(iii) enter into such consultations with the planning authority or An Bord Pleanála in relation to the environmental impacts of the proposed development as the Agency, or planning authority or An Bord Pleanála, 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 83(2A), where an application for a 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 Pleanála under the Act of 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 Pleanála.

(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 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 Act of 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 Pleanála is obliged under the Act of 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 Pleanála, consult with or provide observations to the planning authority or An Bord Pleanála to assist the planning authority or An Bord Pleanála 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 Pleanála 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 83(2A) decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall request the applicant to submit an F148[environmental impact assessment report] and where the applicant fails to submit F150[such report] 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 F148[environmental impact assessment report] 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 F148[environmental impact assessment report].

(c) Where an F148[environmental impact assessment report] 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 F150[such report] 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 for a licence including the F148[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before notifying under section 87(2) indicating its proposed determination 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.]

F151[(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.

(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 83(2A) decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if an F148[environmental impact assessment report] was not submitted with the application for a licence, request the applicant to submit an F148[environmental impact assessment report] 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 F148[environmental impact assessment report] is submitted to the Agency with the application for a licence or in accordance with a request under paragraph (b)—

(i) the Agency shall consider the content of the F148[environmental impact assessment report] 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 activity on the environment, and

(ii) if the Agency determines that the F148[environmental impact assessment report] 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 F148[environmental impact assessment report] 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 F148[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (b), the application for a licence shall be deemed to be made on the date of receipt by the Agency of the F148[environmental impact assessment report] and this subsection shall continue to apply to the application for a licence notwithstanding that the date of receipt shall be on or after 30 September 2012.

(f) Where an F148[environmental impact assessment report] is submitted to the Agency in accordance with a request under paragraph (b), 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 F148[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 83(1) or section 90(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.

(g) Where an F148[environmental impact assessment report] was submitted with the application for a licence, the Agency shall do the following—

(i) 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 to respond to the Agency within 4 weeks of receipt of the notice and furnish any observations that the planning authority has in relation to the application for a licence including the F148[environmental impact assessment report],

(ii) consider any observations furnished to the Agency following a request under subparagraph (i) by the planning authority before making its decision under section 83(1) or section 90(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 its decision under section 83 on an application for a licence F143[other than a designated application], or under section 90 on the review of a licence or revised licence (including such a review conducted by it of its own volition) F152[including an application for a licence, within the meaning of subsection (1A), to which section 83(2A) applies], the Agency shall notify—

(a) the planning authority in whose functional area the activity is or will be situate,

F153[(aa) where An Bord Pleanála 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 licence to which section 83(2A) applies is required, An Bord Pleanála,]

F146[(ab) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,]

(b) the applicant or the licensee, as the case may be,

(c) any person who made a written submission in relation to the application or the review, and

(d) such other persons as may be prescribed,

and that notification shall indicate the manner in which the Agency proposes to determine the application or the review and, where it is proposed to grant a licence or revised licence, specify where a copy of the proposed licence or proposed revised licence may be obtained.

(3) A notification provided for under subsection (2) shall, without prejudice to the requirements of any regulations under section 85, be given within the period of 8 weeks beginning on the date of receipt by the Agency of the application for a licence under section 83 or for the review of a licence or revised licence under section 90 or, in the case of a review of a licence by the Agency under section 90 of its own volition—

(a) unless paragraph (b) applies, on the date of publication of the notice under subsection (1)(b), in relation to the review,

(b) if the Agency has required under section 90(7) documents, particulars or other information to be furnished, on the date on which that requirement is complied with or, if that requirement is not complied with within the period specified in the requirement in that behalf, on the date immediately following the expiry of that period.

F154[(3A)(a) Notwithstanding subsection (3), in relation to an application for a licence within the meaning of subsection (1A), to which subsection F155[(1B) or (1I) applies], the Agency may extend the period of 8 weeks referred to in subsection (3) by such period as the Agency, in consultation with the planning authority concerned or An Bord Pleanála, as the case may be, considers necessary for completion of consultations referred to in subsection (1D), (1E), F155[(1F), (1H) or (1I)] with the planning authority or An Bord Pleanála or to enable the Agency to comply with subsection (1D)(d).

(b) The Agency shall give notice in writing of the extension of the period under paragraph (a) to a person referred to in paragraph (a), (aa), (b), (c) or (d) of subsection (2).]

F156[(3B)(a) Notwithstanding subsection (3), in relation to an application for a licence within the meaning of subsection (1A), to which subsection (1I) applies, the Agency may extend the period of 8 weeks referred to in subsection (3) by such period as the Agency considers necessary to enable the Agency to comply with subsection (1I).

(b) The Agency shall give notice in writing of the extension of the period under paragraph (a) to a person referred to in paragraph (a), (aa), (b), (c) or (d) of subsection (2).]

(4) The Agency shall, in relation to an application for a licence F143[other than a designated application], or the review of a licence or revised licence—

(a) in case no objection is taken against the proposed determination as indicated under subsection (2), or

(b) in case an objection or objections is or are taken against the proposed determination as indicated under subsection (2) and the objection or objections is or are withdrawn,

make its decision in accordance with the proposed determination as indicated under subsection (2) and, where it is proposed to grant a licence or revised licence, grant the licence or revised licence as soon as may be after the expiration of the appropriate period.

(5) Any person may, subject to compliance with the requirements of any regulations under sections 89 and 99A at any time before the expiration of the appropriate period, object to the proposed determination as indicated under subsection (2), and shall include with the objection the grounds for the objection.

(6) (a) A person making an objection under subsection (5) 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 99A.

(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 before the expiration of the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.

(7) An objection, or a request for an oral hearing under subsection (6), shall be made—

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

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

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

(8) (a) Where a request for an oral hearing of an objection is made in accordance with subsection (7), 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 the related matters and, if it decides to hold such a hearing, it shall give notice in writing of that decision to—

(i) the applicant, or in the case of a review, the licensee,

(ii) the local authority in whose functional area the activity the subject matter of a licence application or review will be or is situate,

F157[(iia) where a planning authority concerned or An Bord Pleanála 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 licence to which section 83(2A) applies is required, the planning authority or F149[An Bord Pleanála,]]

F146[(iib) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,]

(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 and of the reasons for the decision to the person who requested the oral hearing.

(9) It shall be a duty of the Agency to ensure that a decision by it to hold an oral hearing, and a decision by it on the application for a licence or on the review referred to in subsection (2) of a licence or revised licence whether or not an oral hearing has been held, shall be given as expeditiously as may be and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the consideration of objections.

F158[(9a) Before making a decision referred to in section 83(1) or 90(2) in relation to an application for a licence in respect of which an environmental impact assessment is required under section 83(2A), the Agency shall—

(a) duly take into account—

(i) the environmental impact assessment report submitted under section 83(2A)(d),

(ii) any additional information furnished under section 83(2A)(e) and (f)(ii)(II),

(iii) any submissions made in relation to the likely significant effects on the environment of the activity to which the application relates, and

(iv) in the case of an application to which section 85 applies the results of consultations with the other Member States concerned,

(b) consider any other evidence that it has obtained under this Part in relation to the likely significant effects on the environment of the activity to which the application relates, and

(c) taking into account the results of the examination referred to in paragraphs (a) and (b), reach a reasoned conclusion on the significant effects on the environment of the activity to which the application relates.

(9b) The Agency shall be satisfied that the reasoned conclusion referred to in subsection (9a) is still up to date when it makes a decision referred to in section 83(1) or 90(2) in relation to an application for a licence in respect of which an environmental impact assessment is required under section 83(2A) and shall incorporate into the decision—

(a) the reasoned conclusion, and

(b) any environmental conditions attached to the decision, a description of any features of the project or measures envisaged to avoid, prevent or reduce and, where possible, offset significant adverse effects on the environment and any appropriate monitoring measures.

(9c) The Agency shall make any feature of the project or measure envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure incorporated into a decision under subsection (9b) a condition of any licence granted on foot of the decision.]

F159[(9A) When—

(a) in relation to an application for a licence F143[, other than a designated application,] under this Part a decision to grant or refuse the licence has been taken, or

(b) a decision is made on the review of a licence or a revised licence under section 90(1)(b) on the application of a licensee,

the Agency, in accordance with regulations under section 89, 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 83(2A), of the direct and indirect effects of the activity or proposed activity on the factors referred to in F160[subparagraphs (I) to (IV) of paragraph (ii)] of the definition of environmental impact assessment in section 83(2A)(a) and the interaction between those factors;

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

F161[(I) the main reasons and considerations on which the decision (including, in the case of an application in respect of which an environmental impact assessment is required under section 83(2A), a decision to refuse an application) 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 F162[and, in the case of an application in respect of which an environmental impact assessment is required under section 83(2A), a summary of the results of the consultations and the information gathered pursuant to section 83(2A) and section 85 together with a description of how these results have been incorporated into the decision or otherwise;]

(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 83(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.]

F163[(10) (a) Subject to paragraph (b), a person shall not, by application for judicial review or in any other legal proceedings whatsoever, question the validity of a decision of the Agency to grant or refuse a licence or revised licence (including a decision of it to grant or not to grant such a licence on foot of a review conducted by it of its own volition) unless the proceedings are instituted within the period of 8 weeks beginning on the date on which the licence or revised licence is granted or the date on which the decision to refuse or not to grant the licence or revised licence is made.

(b) Where, on application to the High Court, the Court considers that in the particular circumstances there is good and sufficient reason for doing so, the Court may extend the period referred to in paragraph (a).]

F164[(c) The High Court shall not grant leave for judicial review under this section unless it is satisfied that:

(i) the applicant has a sufficient interest in the matter which is the subject of the application, or

(ii) the applicant—

(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(d) A sufficient interest for the purposes of subparagraph (i) of paragraph (c) is not limited to an interest in land or other financial interest.

(e) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice.

(f) In paragraph (c) “State authority, a public authority or governmental body or agency” means—

(i) a Minister of the Government;

(ii) the Commissioners of Public Works in Ireland;

(iii) a harbour authority within the meaning of the Harbours Act 1946;

(iv) a local authority within the meaning of the Local Government Act 2001;

(v) the Health Service Executive;

(vi) a person established—

(I) by or under any enactment (other than the Companies Acts),

(II) by any scheme administered by the Government, or

(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(vii) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.]

(11) The provisions of this section shall not, to such extent as may be prescribed, apply to an application for a licence, or to the review (including a review by the Agency of its own volition) of a licence or revised licence, to discharge to a sewer.

(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.

(13) When calculating the appropriate period or any other time limit under this Act or in any regulations made under this Act, the period between the 24th day of December and the 1st day of January, both days inclusive, shall be disregarded.]