Waste Management Act, 1996
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Review of waste licences. |
46.—(1) The Agency may review a waste licence— | |
(a) on any of the grounds referred to in subsection (3), | ||
(b) with the consent of, or upon an application in that behalf being made by, the holder of the licence, or | ||
(c) at a time not less than 3 years from the date on which the licence was granted. | ||
(2) As soon as may be after it has completed a review of a waste licence under this section, the Agency may grant to the holder thereof a waste licence (“a revised waste licence”) the terms and conditions of which are, in such respects as the Agency thinks appropriate, different from those of the first-mentioned licence and the revised waste licence shall have effect in lieu of the first-mentioned licence. | ||
(3) The grounds mentioned in subsection (1) (a) are: | ||
(a) the Agency considers that any emission arising from or as a result of the activity to which the waste licence relates (“an emission concerned”) constitutes a risk of environmental pollution, | ||
(b) there has been a material change in the nature of the activity to which the waste licence relates, or in the nature or extent of an emission concerned, or of the location in which the said activity is carried on or an adjacent area, | ||
(c) there has been a material change, which could not reasonably have been foreseen when the waste licence was granted, in the condition of the environment in the area in which the activity to which the licence relates is carried on, | ||
(d) evidence, which was not available when the waste licence was granted and would have materially affected the decision of the Agency to grant the licence subject to the conditions to which it was granted, has become available, | ||
(e) new standards or requirements relating to the conduct or control of the activity to which the waste licence relates, the content or nature of an emission concerned, or their effects on the environment, are prescribed under a provision of this Act or a Community act. | ||
(4) In the review of a waste licence under this section, the Agency shall have regard to— | ||
(a) any change in the quality of the environment in the area in which the activity to which the waste licence relates is carried on, and | ||
(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution, | ||
since the waste licence was granted or last reviewed. | ||
(5) (a) Without prejudice to subsection (1), the Agency shall review a waste licence upon receipt of a notification under section 40 (13), or on otherwise becoming aware of the cessation of the activity to which the licence relates, or following a refusal by it to accept the surrender of the licence under section 48 (7). | ||
(b) In a review under this subsection, the Agency shall determine such measures as are in its opinion necessary for the purpose of, as appropriate— | ||
(i) the closure, restoration, remediation or aftercare of any facility concerned for the recovery or disposal of waste, | ||
(ii) environmental protection, | ||
and may grant a revised waste licence accordingly, including such conditions as it deems appropriate as respects the matters aforesaid. |