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Review of part of waste licence and periods for decision-making
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27. (1) The Act of 1996 is amended by the insertion of the following sections after section 46:
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“Review of part of waste licence
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46A. (1) Notwithstanding section 46 and subject to subsection (2), the Agency may review a part of a licence in accordance with section 46, and where the Agency does so review—
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(a) that section shall apply to the review of the part of the licence as it applies to a review of a licence, and
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(b) the review of the part of the licence shall be considered to be a review of a licence for the purposes of this Act.
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(2) Subsection (1) shall not apply where an environmental impact assessment is required for the purposes of the review.
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Periods for decision-making
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46B. (1) The Agency shall endeavour to give notice of a proposed decision under section 42(2) in respect of an application for a waste licence under section 40(1) or a review of a waste licence under section 46 (other than an application or review referred to in subsection (3)) within such period as may be prescribed under subsection (2) or as soon as practicable thereafter.
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(2) The Minister may by regulations—
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(a) prescribe a period within which the Agency shall endeavour to give notice of a proposed decision under section 42(2) in respect of an application or a review (other than an application or review referred to in subsection (3)),
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(b) provide that the running of the period may be suspended by the Agency for the purposes of the Agency requesting further information in relation to the application or review, and that the running of the period shall recommence on receipt of the information, and
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(c) provide for different such periods in relation to applications or reviews in respect of different activities or classes of activity.
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(3) In the case of an application for a licence to carry on a waste disposal activity or a waste recovery activity under section 40(1) or a review of a waste licence to carry on a waste disposal activity or a waste recovery activity under section 46, where any of the following orders is made or an exemption under section 44B in relation to the activity is granted, and the order or exemption is in force, the Agency shall endeavour to make a decision in relation to the application or review as soon as practicable after the receipt of the application or commencement of the review:
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(a) an order under—
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(i) section 181(2)(a) of the Act of 2000, in respect of the development or proposed development (within the meaning of the Act of 2000) comprising or for the purposes of the activity, or
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(ii) section 155(1) of the Act of 2024, in respect of the development or proposed development (within the meaning of the Act of 2024) comprising or for the purposes of the activity;
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(b) an order under section 44A in relation to the activity;
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(c) an order under section 44C in relation to the activity.”.
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(2) In the case of an application for a review of a waste licence (within the meaning of section 37 of the Act of 1996) by the holder of the licence under section 46(1)(b) of the Act of 1996, the Environmental Protection Agency may review a part of the waste licence in accordance with section 46A of the Act of 1996, as inserted by subsection (1), whether the application for the review was made before or after the coming into operation of that section 46A.
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