C42

Prospective affecting provision: s. 46B inserted by Environment (Miscellaneous Provisions) Act 2026 (5/2026), s. 27(1), not commenced as of date of revision.

F258[Periods for decision-making.

46B. (1) The Agency shall endeavour to give notice of a proposed decision under section 42(2) in respect of an application for a waste licence under section 40(1) or a review of a waste licence under section 46 (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 notice of a proposed decision under section 42(2) in respect of an application or a 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, and

(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 a waste disposal activity or a waste recovery activity under section 40(1) or a review of a waste licence to carry on a waste disposal activity or a waste recovery activity under section 46, where any of the following orders is made or an exemption under section 44B in relation to the activity is granted, 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, 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;

(b) an order under section 44A in relation to the activity;

(c) an order under section 44C in relation to the activity.]