Waste Management Act, 1996

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Application for a waste licence or review of a waste licence.

42.—(1) (a) Where a person proposes to make an application to the Agency for the grant of a waste licence under section 40 or for the review of a waste licence under section 46 , he or she shall publish or give notice of his or her intention to do so in such form and to such persons as may be prescribed under section 45 .

(b) Where the Agency proposes to review a waste licence under section 46 (1), it shall publish such notice as may be prescribed under section 45 for the purposes of this section, and shall give notice in writing to the holder of the licence and, where appropriate, to the local authority in whose functional area the activity, the subject matter of the licence, is carried on, and to such other persons (if any) as may be so prescribed, of its intention to conduct such a review.

(2) Before making a decision under section 40 in respect of an application made to it for the grant of a waste licence, or under section 46 (2) in consequence of a review of a waste licence that has been conducted by it under that section, the Agency shall give notice in writing to—

(a) the applicant or the holder of the licence, as the case may be,

(b) any person who has made a written submission to it in relation to the application or the review, in accordance with regulations under this Part,

(c) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on, and

(d) such other persons as may be prescribed,

of the decision it proposes to make in respect of the application or in consequence of the review and, where the decision so notified is a decision to grant a waste licence or a revised waste licence, shall specify where a copy of the proposed licence or revised licence may be obtained.

(3) Any person may, subject to compliance with the requirements of any regulations under sections 45 and 50 , and at any time before the expiration of the appropriate period, make an objection to the Agency in relation to a decision referred to in subsection (2) that it proposes to make.

(4) An objection shall—

(a) be made in writing,

(b) state the name and address of the objector,

(c) state the subject matter of the objection,

(d) state in full the grounds of objection and the reasons, considerations and arguments on which they are based, and

(e) be accompanied by such fee (if any) as may be payable in respect of the making of such objection in accordance with regulations under section 50 .

(5) (a) An objection which does not comply with the requirements of subsection (4) shall be invalid.

(b) The requirement of subsection (4) (d) shall apply whether or not the objector requests, or proposes to request, under subsection (9) an oral hearing of the objection.

(6) An objection shall be accompanied by such documents, particulars, or other information relating to the objection as the objector considers necessary or appropriate.

(7) Without prejudice to the provisions of any regulations under section 45 , an objector shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of objection stated in the objection, and any such elaboration, submissions or further grounds of objection that is or are received by the Agency shall not be considered by it.

(8) Any documents, particulars or other information submitted by an objector, other than such documents, particulars or other information which accompanied the objection or which were furnished to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45 , shall not be considered by the Agency.

(9) (a) A person making an objection under subsection (3) may request an oral hearing of the objection.

(b) (i) A request for an oral hearing of an objection shall be made in writing to the Agency and shall be accompanied by such fee (if any) as may be payable in respect of such request in accordance with regulations under section 50 .

(ii) A request for an oral hearing of an objection which is not accompanied by such fee (if any) as may be payable in respect of such request shall not be considered by the Agency.

(c) A request for an oral hearing of an objection shall be made within the appropriate period, and any request received by the Agency after the expiration of that period shall not be considered by it.

(10) An objection, or a request for an oral hearing under subsection (9), shall be made—

(a) by sending the objection or request by prepaid post to the Agency, or

(b) by leaving the objection or request with an employee of the Agency, at the principal office of the Agency, during office hours, or

(c) by such other means as may be prescribed.

(11) (a) Where a request for an oral hearing of an objection is made in accordance with subsection (9), or otherwise where an objection has been made, the Agency shall have an absolute discretion to hold an oral hearing in relation to the objection and, if it decides to hold such a hearing, it shall give notice in writing of that decision to—

(i) the applicant or the holder of the licence, as the case may be,

(ii) where relevant, the local authority in whose functional area the activity, the subject matter of the proposed waste licence or the waste licence, as the case may be, is intended to be, or is, carried on,

(iii) any person who requested an oral hearing, and

(iv) such other person as may be prescribed.

(b) Where the Agency decides not to hold an oral hearing under this subsection, it shall give notice in writing of its decision to the person who requested the oral hearing.

(12) In this section “the appropriate period” means the period of 28 days beginning on the day on which notification is sent under subsection (2) in respect of the matter concerned.