Waste Management (Amendment) Act, 2001
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Relationship between Act of 1996 and Environmental Protection Agency Act, 1992, with regard to certain activities. |
13.—(1) The First Schedule to the Environmental Protection Agency Act, 1992 , is amended by the substitution for paragraphs 11.1, 11.2, 11.3 and 11.4 of the following paragraph: | |
“11.1 The recovery or disposal of waste in a facility, within the meaning of the Waste Management Act, 1996 , which facility is connected or associated with another activity specified in this Schedule in respect of which a licence or revised licence under Part IV is in force or in respect of which a licence under the said Part is or will be required.”. | ||
(2) Section 39(7) of the Act of 1996 is amended by the substitution for paragraph (a) of the following paragraph: | ||
“(a) the recovery or disposal of waste at a facility referred to in paragraph 11.1 of the First Schedule to the Act of 1992,”. | ||
(3) Where, immediately before the passing of this Act, a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 (“the Act of 1992”) is in force in respect of an activity, being an activity which, immediately before that passing— | ||
(a) fell within paragraph 11.1, 11.2, 11.3 or 11.4 of the First Schedule to the Act of 1992, and | ||
(b) was not connected or associated with another activity specified in any other paragraph of that Schedule, | ||
then, notwithstanding subsections (1) and (2) of this section but subject to subsection (4) thereof— | ||
(i) that licence or revised licence shall continue in force and the provisions of the Act of 1992 (apart from the amendment of them effected by the said subsection (1)) shall continue to apply in relation to it, and | ||
(ii) section 39(1) of the Act of 1996 shall not apply in relation to that activity, | ||
for such period as the Environmental Protection Agency may determine and specifies in writing. | ||
(4) The period determined under subsection (3) of this section shall not, other than with the consent of the holder of the licence concerned, be less than 3 years from the passing of this Act. |