C39

Prospective affecting provision: s. 44D inserted by Environment (Miscellaneous Provisions) Act 2026 (5/2026), s. 26, not commenced as of date of revision.

F252[Agency to take account of information specified under section 44B.

44D. (1) Where an exemption is granted in respect of a waste disposal activity or a waste recovery activity under section 44B, before making a decision under section 40(1) in respect of the application for a waste licence, or under section 46(8) in respect of the application for a review of waste licence, the Agency shall take into account the assessment referred to in section 44B(6)(a) for the purpose of ensuring that the objectives of the EIA Directive are met.

(2) The Agency may make any feature of the project or measure envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure incorporated into the decision, a condition of any waste licence granted on foot of the decision.

(3) The Agency shall incorporate into a decision in relation to an application referred to in subsection (1) such documents relating to the assessment referred to in section 44B(6)(a) as the Agency may specify for the purposes of ensuring that the objectives of the EIA Directive are met, including a description of any features of the project or measures envisaged to avoid, prevent or reduce and, where possible, offset the significant adverse effects on the environment and any appropriate monitoring measures that relate to conditions to be attached to the licence to be granted on foot of the decision.]