98.—(1) The person in charge of—

(a) F191[an integrated pollution control activity] in respect of which a licence or revised licence is in force or required under this Part, or

(b) an established activity which for the time being is not required to be licensed under this Act,

shall give notice in writing to the Agency of any proposal to effect any alteration to, or reconstruction in respect of, the activity if such alteration or reconstruction would, or is likely to, change or increase emissions from the activity or cause new emissions therefrom.

(2) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration or reconstruction referred to in subsection (1) which would not, in the opinion of the Agency, substantially change or increase emissions from the activity or cause significant new emissions therefrom, the Agency, notwithstanding any other provision of this Act, may—

(a) if there is a licence or revised licence in force in respect of the activity concerned, review that licence under section 90 and exercise the powers under paragraph (a) or (b) of subsection (2) of that section in relation to it,

(b) if there is no such licence in force, direct, by notice served on the person, the person in charge to apply for a licence, or

(c) determine that no further action is necessary in relation to the matter,

and, save in a case falling within paragraph (c), the person in charge shall not effect the alteration or reconstruction unless and until the powers under paragraph (a) or (b) of that subsection (2) have been exercised in a way that allows or, as the case may be, a new licence or licence has been granted that allows, the alteration or reconstruction to be effected.

(3) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration or reconstruction referred to in subsection (1) which would, in the opinion of the Agency, substantially change or increase emissions from the activity or cause significant new emissions therefrom, the Agency, notwithstanding any other provision of this Act, shall—

(a) if there is a licence or revised licence in force in respect of the activity concerned, either review that licence under section 90 and exercise the powers under paragraph (a) or (b) of subsection (2) of that section in relation to it or direct the person in charge to apply for a new licence in substitution for that licence, or

(b) if there is no such licence in force, direct, by notice served on the person, the person in charge to apply for a licence,

and the person in charge shall not effect the alteration or reconstruction unless and until the powers under paragraph (a) or (b) of that subsection (2) have been exercised in a way that allows or, as the case may be, a new licence or licence has been granted that allows, the alteration or reconstruction to be effected.

(4) Where the Agency decides pursuant to subsection (2) or (3) to review a licence or revised licence, or to direct a person to apply for a new licence or, as the case may be, a licence, the Agency shall—

(a) within 1 month of the receipt by it of the notice under this section, or the date on which the Agency otherwise becomes aware of the matters referred to at subsection (1), inform the person accordingly, and

(b) proceed to complete the review of the licence or revised licence and exercise the appropriate powers under subsection (2) of section 90 in relation to it, or determine the application for a new licence or licence, as the case may be.

(5) Not later than the end of 3 months from the commencement of section 15 of the Protection of the Environment Act 2003, a person in charge of an established activity shall, if—

(a) an alteration or reconstruction in respect of that activity was effected on or after 30 October 1999 but before the commencement of that section 15,

(b) that alteration or reconstruction was not required to be notified to the Agency under section 92(1) of the previous Part IV, and

(c) that alteration or reconstruction has changed or increased, or is likely to change or increase, emissions from that activity or is likely to cause new emissions therefrom,

give notice in writing of that alteration or reconstruction to the Agency and such a notice shall be dealt with by the Agency as if it were a notice received by it under subsection (1).

(6) If a notice is given to the Agency under and in accordance with subsection (5) in relation to the activity concerned, the activity may continue to be carried on save where (if such be the case), in consequence of the exercise of any of the powers referred to in subsection (2) or (3), it becomes unlawful or unlawful, otherwise than in specified circumstances, to carry on the activity.]