Waste Management Act, 1996
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Grant of waste licences. |
40.—(1) (a) On application being made in that behalf to it, the Agency may grant to the applicant a waste licence subject to, or without, conditions or refuse to grant to the applicant such a licence. | |
(b) This subsection is subject to sections 42 and 50 and regulations under section 45 . | ||
(2) Subject to subsection (5), in considering an application for a waste licence or in reviewing, pursuant to this Part, a waste licence, the Agency shall— | ||
(a) carry out or cause to be carried out such investigations as it deems necessary or as may otherwise be prescribed for the purposes of such consideration or review, | ||
(b) have regard to— | ||
(i) any relevant air quality management plan under section 46 of the Act of 1987, or water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977 , or waste management plan or hazardous waste management plan under Part II , | ||
(ii) (I) any environmental impact statement in respect of proposed development comprising or for the purposes of the waste activity concerned, which is submitted to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45 , | ||
(II) any submissions or observations made to the Agency in relation to the environmental impact statement, | ||
(III) such supplementary information (if any) relating to such statement as may have been furnished to the Agency by the applicant or licence holder under and in accordance with a requirement of, or made pursuant to, regulations under section 45 , | ||
(IV) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed activity, | ||
(iii) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity concerned as it considers necessary, and | ||
(iv) such other matters as may be prescribed. | ||
(3) (a) For the purpose of subsection (2) (b) (ii), the Agency shall, other than in the case of an environmental impact statement in respect of development proposed to be carried out by or on behalf of a local authority within the functional area of the authority, have regard to the matters mentioned in the environmental impact statement and any submissions, observations or supplementary information relating to such statement made or furnished to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45, only in so far as they relate to the risk of environmental pollution from the activity in question. | ||
(b) The reference in this subsection to a local authority's functional area is a reference to its functional area in its capacity as a planning authority. | ||
(4) The Agency shall not grant a waste licence unless it is satisfied that— | ||
(a) any emissions from the recovery or disposal activity in question (“the activity concerned”) will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any other enactment, | ||
(b) the activity concerned, carried on in accordance with such conditions as may be attached to the licence, will not cause environmental pollution, | ||
(c) the best available technology not entailing excessive costs will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned, | ||
(d) if the applicant is not a local authority, the corporation of a borough that is not a county borough, or the council of an urban district, subject to subsection (8), he or she is a fit and proper person to hold a waste licence, | ||
(e) the applicant has complied with any requirements under section 53 . | ||
(5) Where a waste licence is granted in relation to an activity, a licence under— | ||
(a) Part III of the Act of 1987, | ||
(b) section 4 or 16 of the Local Government (Water Pollution) Act, 1977 , or | ||
(c) section 171 of the Fisheries (Consolidation) Act, 1959 , | ||
shall not be granted in relation to such an activity, and any such licence that is in force in relation to such an activity shall thereupon cease to have effect in relation thereto. | ||
(6) (a) Where a waste licence is granted in relation to an activity, and a foreshore licence has been granted under the Foreshore Act, 1933 , in relation to the same activity, any conditions attached to that foreshore licence shall, in so far as they are for the purpose of preventing environmental pollution, cease to have effect. | ||
(b) The grant of a licence under the Foreshore Act, 1933 , in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity. | ||
(7) For the purpose of this Part, a person shall be regarded as a fit and proper person if— | ||
(a) neither that person nor any other relevant person has been convicted of an offence under this Act prescribed for the purposes of this subsection, | ||
(b) in the opinion of the Agency, that person or, as appropriate, any person or persons employed by him or her to direct or control the carrying on of the activity to which the waste licence will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the licence and the other requirements of this Act, | ||
(c) in the opinion of the Agency, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the waste licence will relate in accordance with the terms thereof or in consequence of ceasing to carry on that activity. | ||
(8) The Agency may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person is not a person to whom subsection (7) (a) applies. | ||
(9) The references in subsections (7) and (8) to a relevant person are references to a person whom the Agency determines to be relevant for the purposes of considering the application concerned having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter. | ||
(10) A waste licence granted to a person under this Part may not be transferred to another person, other than under and in accordance with section 47 . | ||
(11) A person shall not be entitled solely by reason of a waste licence under this Part to make, cause or permit an emission to any environmental medium. | ||
(12) It shall be a good defence— | ||
(a) to a prosecution for an offence under any enactment other than this Part, or | ||
(b) to proceedings under— | ||
(i) section 10 or 11 of the Local Government (Water Pollution) Act, 1977 , | ||
(ii) section 20 of the Local Government (Water Pollution) (Amendment) Act, 1990 , | ||
(iii) section 28, 28A or 28B of the Act of 1987, | ||
(iv) section 57 or 58 , | ||
to prove that the act complained of is authorised by a waste licence granted under this Part. | ||
(13) (a) A holder of a waste licence shall, within a period of 1 month after the cesser of the activity to which the licence relates, give notice in writing of that fact to the Agency. | ||
(b) A person who fails to comply with paragraph (a) shall be guilty of an offence. |