Environmental Protection Agency Act 1992

F174[Review of licences.

90.—(1) The Agency—

(a) shall, subject to subsections (4) and (5) and section 99I(7), either periodically or after such period as may be prescribed (but not before the expiry of 3 years from the date on which the licence or revised licence was granted), review a licence or revised F175[licence,]

F176[(aa) in addition to its functions under paragraph (a), in the case of an industrial emissions directive activity, and subject to subsections (4) and (5) and section 99I(7), shall review a licence or revised licence relating to the main activity of an installation, within 4 years of the publication of a decision on BAT conclusions by the Commission of the European Union in accordance with Article 13(5) of the Industrial Emissions Directive as respects that main activity and in doing so the Agency shall—

(i) re-examine, and if necessary review the licence for the installation concerned for the purpose of assessing its compliance with the Industrial Emissions Directive and where applicable, section 86A(4) or (6), and

(ii) in conducting such examination or review, take account of the new or updated BAT conclusions applicable to the installation and adopted by the Commission of the European Union in accordance with Article 13(5) of the Industrial Emissions Directive since the licence concerned was granted or, as the case may be, last reviewed under this Part.]

(b) may review a licence or revised licence at any time with the consent or on the application of the licensee.

(2) As soon as may be after it has completed a review under this section, the Agency may—

(a) in the case of a licence or revised licence—

(i) refuse to grant a revised licence, or

(ii) amend the licence by altering any or all of the conditions thereto (and a licence that is so amended is referred to in this Act as a "revised licence"), or

(b) in the case of—

(i) a licence, grant to the licensee a licence (in this Act also referred to as a "revised licence") the conditions of which are, in such respects as the Agency thinks appropriate, different from those of the first-mentioned licence and the revised licence shall have effect in lieu of the first-mentioned licence,

(ii) a revised licence, exercise, in relation to it, a like power to that which it may exercise under subparagraph (i) in relation to a licence and a licence granted under this subparagraph is in this Act also referred to as a "revised licence" and such a licence shall have effect in lieu of the first-mentioned revised licence.

(3) The reference where it first occurs in subparagraph (ii) of subsection (2)(b) to a revised licence includes—

(a) a reference to a licence or revised licence in relation to which the powers under subsection (2)(a)(ii have been exercised, and

(b) a reference to a revised licence previously granted or, as the case may be, last previously granted under subparagraph (ii) of subsection (2)(b).

(4) Notwithstanding anything in subsection (1), a licence or revised licence—

(a) shall be reviewed by the Agency if the Agency considers—

(i) that emissions from the activity to which the licence or revised licence relates are, or are likely to be, of such significance that the existing emission limit values, or equivalent parameters or technical measures specified in the licence or revised licence need to be reviewed or new such values, parameters or measures, as the case may be, need to be specified in the licence or revised licence,

(ii) that substantial changes in best available techniques make it possible to reduce emissions significantly from the said activity without imposing excessive costs,

F177[(iia) in the case of an industrial emissions directive activity to which no BAT conclusions apply, that developments in best available techniques make it possible to significantly reduce emissions from the activity,

(iib) in the case of an industrial emissions directive activity, that a new or revised environmental quality standard requires new or revised conditions to be attached to the licence or revised licence under section 83(5)(b),]

(iii) that the operational safety of the said activity requires techniques, other than those currently being used in respect of it, to be used, or

(iv) that such a review is required by virtue of any act adopted by an institution of the European Communities or any agreement entered into by the State, or any enactment passed or made after the licence or revised licence was granted or last reviewed under this section,

(b) may be reviewed by the Agency if—

(i) there is a proposal to make a substantial change to the nature or extent of an emission,

(ii) there has been a substantial change, which could not have reasonably been foreseen when the licence or revised licence was granted, in the condition of the environment or an environmental medium in the area in which the activity to which the licence or revised licence relates is situate,

(iii) evidence, which was not available when the licence or revised licence was granted, has become available, or a new standard is prescribed relating to the contents or nature of the emission concerned or the effects of the emission on the environment.

(5) If—

(a) a special control area order under section 39 of the Air Pollution Act 1987, affecting any emission from the activity to which the licence relates comes into operation in relation to the area in which the activity is situate,

(b) an air quality standard is specified in regulations made under section 50 of the Air Pollution Act 1987, in relation to any emission from the activity to which the licence relates,

(c) a relevant emission limit value is specified in regulations under section 51 of the Air Pollution Act 1987, in relation to any emission from the activity to which the licence relates,

(d) regulations under section 26 of the Local Government (Water Pollution) Act 1977, relate to an effluent the discharge of which is authorised by such a licence or to the waters to which such effluent is discharged,

(e) a relevant standard is prescribed under regulations made under the European Communities Act 1972, or any other enactment, or

(f) relevant regulations under section 106 are made in relation to any noise emissions from the activity to which the licence relates,

the Agency shall, where necessary and notwithstanding anything in subsection (1), as soon as may be after the regulations are made or the order comes into operation, as the case may be, review the licence or revised licence.

(6) In the review of a licence or revised licence under this section, the Agency shall have regard to—

(a) any change in environmental quality in the area in which the activity to which the licence or revised licence relates is F178[situate,]

F179[(aa) in the case of an industrial emissions directive activity, any emerging techniques in so far as such techniques are applicable to such activity and in particular those emerging techniques identified in the BAT reference documents relevant to the activity concerned, and]

(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution,

since the licence or revised licence was granted or last reviewed.

(7) For the purposes of a review under this section, the Agency may, by notice served on the licensee, require the licensee to furnish to it, within such period as it specifies in the requirement, such documents, particulars or other information as it so specifies.]

F180[(8) For the purposes of a review of a licence or revised licence relating to an industrial emissions directive activity under this section, documents, particulars or other information requested and considered necessary by the Agency under subsection (7)provided by the licensee shall include, in particular—

(i) results of emissions monitoring, and

(ii) other data that enables a comparison of the operation of the installation with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques.

(9) For the purposes of a review under this section of an industrial emissions directive activity, the Agency shall use any information resulting from monitoring under this Part or inspections carried out under Part IVB.]

Annotations

Amendments:

F174

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

F175

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(a)(i).

F176

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(a)(ii).

F177

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(b).

F178

Substituted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(c)(i).

F179

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(c)(ii).

F180

Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 15(d).

Modifications (not altering text):

C37

Application of section restricted by Waste Management Act 1996 (10/1996), s. 76A(10), as inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 28.

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/EU1 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—

(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

(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

Editorial Notes:

E323

Previous affecting provision: application of subs. (4)(a) restricted (14.07.2004) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2004 (S.I. No. 437 of 2004), reg. 23; revoked (30.11.2012) by European Communities (Greenhouse Gas Emissions Trading) Regulations 2012 (S.I. No. 490 of 2012), reg. 38(1)(a), in effect as per reg. 2(1).

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Environmental Protection Agency Act 1992