C73

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

F217[90B.— (1) The Agency shall endeavour to give notice of a proposed determination under section 87(2) in respect of an application for a licence to carry on an activity under section 83(1) or a review of a licence or a revised licence to carry on an activity under section 90 (other than an application or review referred to in subsection (3)) within such period as may be prescribed under subsection (2) or as soon as practicable thereafter.

(2) The Minister may by regulations:

(a) prescribe a period within which the Agency shall endeavour to give notification of a proposed determination under section 87(2) in respect of an application or review (other than an application or review referred to in subsection (3));

(b) provide that the running of the period may be suspended by the Agency for the purposes of the Agency requesting further information in relation to the application or review, and that the running of the period shall recommence on receipt of the information;

(c) provide for different such periods in relation to applications or reviews in respect of different activities or classes of activity.

(3) In the case of an application for a licence to carry on an activity under section 83(1) or a review of a licence or revised licence to carry on an activity under section 90, where any of the following orders is made or an exemption is granted under section 88D in relation to the activity, and the order or exemption is in force, the Agency shall endeavour to make a decision in relation to the application or review as soon as practicable after the receipt of the application or commencement of the review:

(a) an order under—

(i) section 181(2)(a) of the Act of 2000 in respect of the development or proposed development (within the meaning of the Act of 2000) comprising or for the purposes of the activity to which the application relates, or

(ii) section 155(1) of the Act of 2024 in respect of the development or proposed development (within the meaning of the Act of 2024) comprising or for the purposes of the activity to which the application relates;

(b) an order under section 88C in relation to the activity;

(c) an order under section 88E in relation to the activity.]