Waste Management Act 1996

Regulations regarding waste licences.

45

45.—(1) The Minister shall make regulations in relation to applications for the grant of waste licences or for the review of waste licences and in relation to the grant or review of such licences, and such regulations may contain different provisions in relation to different classes of such matters.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following—

(a) the form in which an application for the grant of a waste licence (“a licence”) or for the review of a licence shall be made and the form of a licence,

(b) the time within which an application for the grant or review of a licence shall be made relative to publication or giving of a notice under section 42 (1) in respect of such an application,

(c) the making of objections under section 42 (3),

(d) the publication or giving by an applicant for the grant of a licence (“an applicant”), a holder of a licence, or the Agency of specified notices,

(e) requiring or enabling submissions, plans, documents and other information and particulars, including an F238[environmental impact assessment report], to be furnished to the Agency or any other specified person by an applicant, a holder of a licence, a person making objections under section 42 (3) (“an objector”) or any other person within such periods as may be specified,

F239[(ea) requiring applicants, licensees or other persons to furnish to the Agency or any other specified person, within such period as may be specified, any additional or supplemental information to enable the Agency to carry out an environmental impact assessment,

(eb) requiring applicants, licensees or other persons to furnish information to the Agency in response to a request for additional or further information under and for the purposes of section 40(2A)(e),]

(f) requiring or enabling an applicant, a holder of a licence, an objector or any other person to furnish to the Agency or any other specified person, within such period as may be specified by the Agency, such additional information or particulars (including an F238[environmental impact assessment report]) relating to an application for the grant of a licence or for the review of a licence as the Agency may require or request,

(g) requiring the production to the Agency, within such period as may be specified by it, of such evidence as it may reasonably require in order to verify any information or particulars furnished to it by an applicant, a holder of a licence, an objector or any other person under and in accordance with regulations under this section,

(h) requiring the Agency to publish or make available for inspection or purchase by members of the public of a copy of an application for the grant of a licence or for the review of a licence or of any submissions, plans, documents or other information (including, where appropriate, an F238[environmental impact assessment report] and any supplementary information relating thereto), or any extract therefrom, that relate or relates to such an application,

(i) procedures to be followed by the Agency in dealing with an application for the grant of a licence or in conducting a review of a licence (including consultation procedures in relation to an F238[environmental impact assessment report]), whether or not an oral hearing is held in respect thereof, and the times within which the steps in such procedures shall be taken,

(j) without prejudice to paragraph (i), the period within which a decision to grant a licence may be made,

(k) the publishing of a decision given by the Agency in respect of an application made to it for the grant of a licence or in consequence of a review conducted by it of a licence, and the reasons therefor, and of any specified documents or other information in relation to the decision,

(l) the information to be contained in an F238[environmental impact assessment report],

(m) requiring an applicant or a holder of a licence to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the Agency in relation to an application for the grant of a licence or a review of a licence, or

(n) specifying the conditions and circumstances under which an application for the grant of a licence may be deemed by the Agency to have been withdrawn.

(3) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, such regulations.

(4) A person who, in relation to an application for a waste licence or for a review of a waste licence, makes a statement in writing which to his or her knowledge is false or misleading in a material respect shall be guilty of an offence.

(5) A defrayment or contribution, the payment of which is required under regulations under this section, shall be payable on demand and, in default of being so paid, shall be recoverable by the Agency from the person concerned as a simple contract debt in any court of competent jurisdiction.

Annotations

Amendments:

F238

Substituted (14.04.2020) by European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020 (S.I. No. 130 of 2020), reg. 4(a).

F239

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 8(1), in effect as per reg. 1(2).

Editorial Notes:

E501

Offence under subs. (4) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).

E502

Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).

E503

Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).

E504

Previous affecting provision: offence under subs. (4) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).

E505

Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).

E506

Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).

E507

Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.

E508

Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.