Waste Management Act 1996

Limit on duration of waste licences.

49

49.(1) Where the activity to which a waste licence relates has not been substantially commenced within the period of 3 years beginning on the date on which the licence was granted or, as may be appropriate, the period referred to in paragraph (a) or (b) of subsection (2), then that licence shall cease to have effect on the expiry of the said period.

(2) The Agency may, having regard to the nature of the activity to which a waste licence to be granted or granted by it will relate or relates, as the case may be, and any arrangements necessary to be made or made in connection with the carrying on of the activity and any other relevant consideration—

(a) specify for the purposes of subsection (1) a period of more than 3 years beginning on the date on which the licence is to be granted,

(b) in the case of a waste licence granted by it, on an application which complies with such requirements (if any) as may be prescribed being made by the holder of the licence in that behalf, extend for the purposes of subsection (1) the period referred to in that subsection or specified by it under paragraph (a), as may be appropriate.

F247[(3) Where the activity to which a waste licence relates ceases to be carried on then, unless the activity is resumed within the period of 3 years beginning on the date of that cessation, the licence shall cease to have effect on the expiry of the said period.

(4) The cesser of a waste licences effect under this section shall in no way affect or diminish the conditions, requirements or obligations that apply to, or fall on, the holder of such licence by virtue of the licence.]

Annotations

Amendments:

F247

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 42, S.I. No. 393 of 2004.