Waste Management Act, 1996

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Regulations regarding waste licences.

45.—(1) The Minister shall make regulations in relation to applications for the grant of waste licences or for the review of waste licences and in relation to the grant or review of such licences, and such regulations may contain different provisions in relation to different classes of such matters.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following—

(a) the form in which an application for the grant of a waste licence (“a licence”) or for the review of a licence shall be made and the form of a licence,

(b) the time within which an application for the grant or review of a licence shall be made relative to publication or giving of a notice under section 42 (1) in respect of such an application,

(c) the making of objections under section 42 (3),

(d) the publication or giving by an applicant for the grant of a licence (“an applicant”), a holder of a licence, or the Agency of specified notices,

(e) requiring or enabling submissions, plans, documents and other information and particulars, including an environmental impact statement, to be furnished to the Agency or any other specified person by an applicant, a holder of a licence, a person making objections under section 42 (3) (“an objector”) or any other person within such periods as may be specified,

(f) requiring or enabling an applicant, a holder of a licence, an objector or any other person to furnish to the Agency or any other specified person, within such period as may be specified by the Agency, such additional information or particulars (including an environmental impact statement) relating to an application for the grant of a licence or for the review of a licence as the Agency may require or request,

(g) requiring the production to the Agency, within such period as may be specified by it, of such evidence as it may reasonably require in order to verify any information or particulars furnished to it by an applicant, a holder of a licence, an objector or any other person under and in accordance with regulations under this section,

(h) requiring the Agency to publish or make available for inspection or purchase by members of the public of a copy of an application for the grant of a licence or for the review of a licence or of any submissions, plans, documents or other information (including, where appropriate, an environmental impact statement and any supplementary information relating thereto), or any extract therefrom, that relate or relates to such an application,

(i) procedures to be followed by the Agency in dealing with an application for the grant of a licence or in conducting a review of a licence (including consultation procedures in relation to an environmental impact statement), whether or not an oral hearing is held in respect thereof, and the times within which the steps in such procedures shall be taken,

(j) without prejudice to paragraph (i), the period within which a decision to grant a licence may be made,

(k) the publishing of a decision given by the Agency in respect of an application made to it for the grant of a licence or in consequence of a review conducted by it of a licence, and the reasons therefor, and of any specified documents or other information in relation to the decision,

(l) the information to be contained in an environmental impact statement,

(m) requiring an applicant or a holder of a licence to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the Agency in relation to an application for the grant of a licence or a review of a licence, or

(n) specifying the conditions and circumstances under which an application for the grant of a licence may be deemed by the Agency to have been withdrawn.

(3) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, such regulations.

(4) A person who, in relation to an application for a waste licence or for a review of a waste licence, makes a statement in writing which to his or her knowledge is false or misleading in a material respect shall be guilty of an offence.

(5) A defrayment or contribution, the payment of which is required under regulations under this section, shall be payable on demand and, in default of being so paid, shall be recoverable by the Agency from the person concerned as a simple contract debt in any court of competent jurisdiction.