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Non-application of proposed decision procedure to certain applications
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25. The Act of 1996 is amended by the insertion of the following section after section 42B:
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“42C. (1) Subsections (2) to (11) of section 42 shall not apply in relation to an application for a licence (within the meaning of section 42(1A)) to carry on a waste disposal activity or a waste recovery activity where any of the following orders is made or an exemption under section 44B is granted in relation to the activity, and the order or exemption is in force:
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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) Section 42(11A) shall not apply to a decision in respect of an application for a licence (within the meaning of section 42(1A)) for a waste disposal activity or a waste recovery activity in respect of which an exemption is granted and in force under section 44B.”.
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