C71

Prospective affecting provision: application of section extended by Environment (Miscellaneous Provisions) Act 2026 (5/2026), s. 16(2), not commenced as of date of revision.

(2) In the case of an application for a review of a licence or revised licence (within the meaning of Part IV of the Act of 1992) under section 90(1)(b) of the Act of 1992, the Environmental Protection Agency may review a part of the licence or revised licence in accordance with section 90A of the Act of 1992, as inserted by subsection (1), whether the application for the review was made before or after the coming into operation of that section 90A.

C72

Prospective affecting provision: s. 90A inserted by Environment (Miscellaneous Provisions) Act 2026 (5/2026), s. 16(1), not commenced as of date of revision.

F216[90A.— (1) Notwithstanding section 90 and subject to subsection (2), the Agency may review a part of a licence or revised licence in accordance with section 90, and where the Agency does so review—

(a) section 90 shall apply to the review of the part of the licence or revised licence as it applies to a review of a licence or revised licence, and

(b) the review of the part of the licence or revised licence shall be considered to be a review of a licence or revised licence for the purposes of this Act.

(2) Subsection (1) shall not apply where—

(a) an environmental impact assessment is required for the purposes of the review, or

(b) in the case of a review of a licence or revised licence for the carrying on of an industrial emissions directive activity, the change proposed to be made to the licence or revised licence constitutes a substantial change.

(3) In subsection (2)(b), "substantial change" means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant adverse effects on human health or the environment.

(4) For the purposes of subsection (3), the Agency shall deem any change or extension of an installation to be substantial if the change or extension itself reaches the capacity thresholds specified in the First Schedule that relate to the industrial emissions directive activity carried out in the installation.]