|
|
Amendment of section 46 of Act of 1996.
|
40.—The following section is substituted for section 46 of the Act of 1996:
|
|
| |
“46.—(1) Without prejudice to subsections (2) and (5), 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,
|
|
| |
(c) upon receipt of a notification under subsection (6), or
|
|
| |
(d) at a time not less than 3 years from the date on which the licence was granted.
|
|
| |
(2) The Agency shall review a waste licence if—
|
|
| |
(a) it considers—
|
|
| |
(i) that pollution arising from or as a result of the activity to which the waste licence relates is of such significance that the existing limit values specified in the waste licence need to be revised or new such values need to be specified in the waste licence,
|
|
| |
(ii) that substantial changes in best available techniques make it possible to reduce emissions from the said activity significantly without imposing excessive costs,
|
|
| |
(iii) that the operational safety of the said activity requires techniques, other than those currently being used in respect of it, to be used,
|
|
| |
or
|
|
| |
(b) new requirements (whether in the form of standards or otherwise) are prescribed, by or under any enactment or Community act, being requirements that relate to—
|
|
| |
(i) the conduct or control of the activity to which the waste licence relates,
|
|
| |
(ii) the content or nature of an emission concerned, or
|
|
| |
(iii) the effects of the activity on such an emission.
|
|
| |
(3) The grounds mentioned in subsection (1)(a) are:
|
|
| |
(a) 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,
|
|
| |
(b) 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,
|
|
| |
(c) 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.
|
|
| |
(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) The Agency may 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.
|
|
| |
(6) A holder of a waste licence shall give notice in writing to the Agency of any proposal to effect a change in the nature, extent or function of an activity or facility to which that licence relates if the effecting of that change could have consequences for the environment.
|
|
| |
(7) A change referred to in subsection (6) shall not be effected unless either—
|
|
| |
(a) by notice in writing served on the holder concerned, the Agency states that the activity concerned could, if the change were to be effected, continue to be carried on in conformity with this Act without a review of the licence concerned under subsection (1) having to be carried out first and a revised licence granted thereunder, or
|
|
| |
(b) a review of the licence concerned under subsection (1) is carried out first and a revised licence is granted thereunder that permits the activity concerned to continue to be carried on in conformity with this Act after the change has been effected.
|
|
| |
(8) As soon as may be after it has completed a review of a waste licence under this section, the Agency may—
|
|
| |
(a) 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, or
|
|
| |
(b) refuse to grant to that holder such a licence.
|
|
| |
(9) Without prejudice to the generality of subsection (2)(b), the Minister may by regulations—
|
|
| |
(a) prescribe specific circumstances in which the obligation under that provision to review a waste licence granted in respect of a specified class or classes of waste activity shall arise, the grounds for such review, the time within which such review shall be carried out, and relevant procedures to be followed, and
|
|
| |
(b) require the taking by the Agency of specified measures consequent upon the completion of such a review.
|
|
| |
(10) Subsection (9) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency or a local authority of a function conferred on it by or under this Act in relation to a waste recovery or disposal activity.”.
|
