F184[39A.—(1) The purpose of this section is to provide that, in relation to activities which are related to one another in the manner mentioned in this section, a single licence under either this Part F185[or, in relation to an integrated pollution control activity, Part IV of the Act of 1992], but not a licence under both those Parts, will be required for the carrying on of those activities and that this Part or that Part IV applies, accordingly, to those activities.

(2) This section has effect in relation to the following activities, namely—

(a) the recovery or disposal of waste (“the first activity”), and

(b) F186[an integrated pollution control activity] specified in the First Schedule to the Act of 1992 (“the second activity”),

where the first activity is carried on in a facility connected or associated with the second activity.

(3) If the Agency is of the opinion that the carrying on of the second activity will be subsidiary to the carrying on of the first activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of, or the First Schedule to, the Act of 1992—

(a) the second activity (irrespective of whether it would otherwise be so regarded) shall be regarded as an activity falling within section 39(1) and, accordingly—

(i) the carrying on of it and of the first activity, shall require, and may be the subject of the grant of, a waste licence under that section, and

(ii) the provisions of this Part shall otherwise apply in relation to any such activity,

and

(b) neither the carrying on of the first activity, if it would otherwise be regarded, nor of the second activity shall be regarded as requiring the grant of a licence F187[for an integrated pollution control activity] under Part IV of the Act of 1992.

(4) If the Agency is of the opinion that the carrying on of the first activity will be subsidiary to the carrying on of the second activity and declares, in writing, that it is of that opinion then, notwithstanding anything in this Part or Part IV of the Act of 1992—

(a) the first activity (irrespective of whether it would otherwise be so regarded) F188[shall be regarded as an integrated pollution control activity] falling within section 82 of the Act of 1992 and, accordingly—

(i) the carrying on of it and of the second activity, shall require, and may be the subject of the grant of, F188[a licence for an integrated pollution control activity under Part IV] of that Act, and

(ii) the provisions of that Part shall otherwise apply in relation to any such activity,

and

(b) neither the carrying on of the second activity, if it would otherwise be regarded, nor of the first activity shall be regarded as requiring the grant of a waste licence under section 39(1).

(5) For the purposes of this section “subsidiary” means subsidiary having regard to one or, as the Agency may consider appropriate, more than one, of the following, namely—

(a) the primary purpose of the activities concerned,

(b) the size of each of the activities concerned relative to one another and any change in that regard likely to occur during the time the proposed licence will be in force,

(c) the relative likely effects on the environment of each of the activities,

(d) whether one of the activities concerned is incidental to, or consequential on, the other.

(6) A declaration under subsection (3) or (4)—

(a) may be made by the Agency of its own volition, and

(b) shall be made by the Agency, on a request being made to it under subsection (7), if the conditions specified in that subsection are complied with.

(7) A person, before making an application for a waste licence under section 39(1) or F189[or a licence for an integrated pollution control activity under section 82] of the Act of 1992 in relation to the carrying on of 2 or more activities, may request the Agency to make a declaration under subsection (3) or (4) in relation to those activities and the Agency shall accede to that request if the following conditions are complied with—

(a) the Agency is satisfied of the bona fides of the request,

(b) the person has supplied sufficient particulars to the Agency with respect to the activities, and

(c) the Agency determines that it is appropriate to accede to the request,

but, in the case of an application for a declaration under subsection (3), the Agency may, instead, make a declaration under subsection (4) and, in the case of an application for a declaration under subsection (4), the Agency may, instead, make a declaration under subsection (3), where, in either case, it considers it appropriate to make the declaration under the other subsection.

(8) Nothing in this section operates to disapply section 39(1), or section 82 of the Act of 1992, as the case may be, if the activities referred to in this section cease to be related to one another in the manner mentioned in this section.

(9) For the avoidance of doubt, this section shall apply and, in particular, a declaration under it may be made in respect of an application made before the commencement of section 34 of the Protection of the Environment Act 2003, for a waste licence under section 39 or for a licence or revised licence under section 82 of the Act of 1992.

(10) The Minister may by regulations make such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.]