173B.—(1) In this section—

“Act of 1996” means the Waste Management Act 1996;

“activity” shall be construed in accordance with section 4 of the Act of 1996;

“application for a licence” means, in relation to a waste licence under Part V of the Act of 1996, an application made to the Environmental Protection Agency—

(a) for such a licence under section 40 of the Act of 1996, or

(b) by the holder of the licence, for a review of a waste licence under section 46 of the Act of 1996;

F759["application for permission" means—

(a) an application for permission for development under Part III,

(b) an application for permission for development under section 291,

(c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,

(d) an application for substitute consent under section 177E, or

(e) a request under section 297;

"grant of permission" means—

(a) a grant of permission for development under Part III,

(b) a grant of permission for development under section 293,

(c) an approval for development under section 175, 177AE, 181B, 182D, or 226,

(d) a grant of substitute consent under section 177K, or

(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development;]

(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which a waste licence under Part V of the Act of 1996 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.

(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F760[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act.

(4) Where a grant of permission has been issued for a development comprising or for the purposes of an activity in respect of which a waste licence under Part V of the Act of 1996 is required and the relevant planning authority or the Board is requested by the Environmental Protection Agency, in connection with an application for a licence, to—

(a) state whether the activity to which the application for a licence relates is permitted by the grant of permission that has been issued, and

(b) furnish a copy of all documents relating to the environmental impact assessment carried out in respect of the proposed development, and

(c) furnish any observations it has in relation to the application for a licence,

the planning authority or the Board shall comply with the request within the period specified in the request by the Environmental Protection Agency.

(5) Where a planning authority or the Board is considering an application for permission in respect of development—

(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,

(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and

(c) in respect of which application for permission the planning authority or the Board consider a waste licence under Part V of the Act of 1996 is required,

the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.

(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for a waste licence under Part V of the Act of 1996 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.

F761[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 42(1I) of the Act of 1996 applies, the planning authority shall—

(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F762[environmental impact assessment report], and

(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]]