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Review of part of licence or revised licence and periods for decision-making
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16. (1) The Act of 1992 is amended by the insertion of the following sections after section 90:
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“Review of part of licence or revised licence
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90A. (1) Notwithstanding section 90 and subject to subsection (2), the Agency may review a part of a licence or revised licence in accordance with section 90, and where the Agency does so review—
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(a) section 90 shall apply to the review of the part of the licence or revised licence as it applies to a review of a licence or revised licence, and
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(b) the review of the part of the licence or revised licence shall be considered to be a review of a licence or revised licence for the purposes of this Act.
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(2) Subsection (1) shall not apply where—
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(a) an environmental impact assessment is required for the purposes of the review, or
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(b) in the case of a review of a licence or revised licence for the carrying on of an industrial emissions directive activity, the change proposed to be made to the licence or revised licence constitutes a substantial change.
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(3) In subsection (2)(b), ‘substantial change’ means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant adverse effects on human health or the environment.
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(4) For the purposes of subsection (3), the Agency shall deem any change or extension of an installation to be substantial if the change or extension itself reaches the capacity thresholds specified in the First Schedule that relate to the industrial emissions directive activity carried out in the installation.
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Periods for decision-making
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90B. (1) The Agency shall endeavour to give notice of a proposed determination under section 87(2) in respect of an application for a licence to carry on an activity under section 83(1) or a review of a licence or a revised licence to carry on an activity under section 90 (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 notification of a proposed determination under section 87(2) in respect of an application or 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;
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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 an activity under section 83(1) or a review of a licence or revised licence to carry on an activity under section 90, where any of the following orders is made or an exemption is granted under section 88D in relation to the activity, 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 to which the application relates, 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 to which the application relates;
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(b) an order under section 88C in relation to the activity;
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(c) an order under section 88E in relation to the activity.”.
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(2) In the case of an application for a review of a licence or revised licence (within the meaning of Part IV of the Act of 1992) under section 90(1)(b) of the Act of 1992, the Environmental Protection Agency may review a part of the licence or revised licence in accordance with section 90A of the Act of 1992, as inserted by subsection (1), whether the application for the review was made before or after the coming into operation of that section 90A.
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