Waste Management Act , 1996

(10)(a) None of the requirements of section 90 of the Act of 1992 shall apply to the exercise of the power undersubsection (8)or(9)but the Agency shall, where appropriate, consult with the licensee before exercising the power.

(b) Where the Agency considers that it is necessary for the purpose of performance of the functions conferred on the Agency undersubsection (8)or (9), it may give notice to the licensee to furnish to the Agency, within the period specified in the notice, information, documents or other particulars specified in the notice.

(c) The Agency shall, as soon as may be after the exercise of the power undersubsection (8)or(9), notify particulars of the amendment effected by that exercise to each person who made an objection to the Agency undersection 42(3)in relation to any exercise of the powers undersection 40or46as respects the waste licence or revised waste licence concerned.

(11) If the bringing into conformity with the Industrial Emissions Directive of a waste licence or revised waste licence undersubsection (8)or(9)can, in the opinion of the Agency, be achieved by amending one or more of the conditions of or schedules to the waste licence or revised waste licence (and the making of the amendment will not significantly alter the character of the licence) then the Agency shall make those amendments of the conditions of or schedules to the waste licence or revised waste licence (which, by virtue of this subsection, it has power to do).

(12) On and from the performance of its functions by the Agency undersubsection (8)or(9)—

(a) Part IV of the Act of 1992 applies to the licence in relation to which the Agency has made its determination under either subsection,

(b) the licence concerned shall be deemed to have been granted under Part IV of the Act of 1992, and

(c) the licence concerned shall not be a waste licence or a revised waste licence.]

77. F309[Transitional and savings provisions consequent on Environment (Miscellaneous Provisions) Act 2015

77.—(1) Every application for a waste collection permit undersection 34or for a review of a waste collection permit undersection 34A(inserted bysection 38of the Environment (Miscellaneous Provisions) Act 2015 made and not finally dealt with and determined or completed before the commencement ofsection 37or38of the Environment (Miscellaneous Provisions) Act 2015 shall, on that commencement, continue to be dealt with by a local authority and be determined and completed by it as if the application were an application under this Act as it stands amended bysection 37or38of the Environment (Miscellaneous Provisions) Act 2015.

(2) Every application made for a waste permit or such other authorisation or certificate as may be granted undersection 39and not finally dealt with and determined or completed before the commencement ofsection 40of the Environment (Miscellaneous Provisions) Act 2015 shall, on that commencement, continue to be dealt with by a local authority or the Agency and be determined and completed by it as if the application were an application under this Act as it stands amended bysection 40of the Environment (Miscellaneous Provisions) Act 2015.

(3) Every application for a waste licence undersection 40or for a review of a waste licence undersection 46made and not finally dealt with and determined or completed before the commencement ofsection 41of the Environment (Miscellaneous Provisions) Act 2015 shall, on that commencement, continue to be dealt with by the Agency and be determined and completed by it as if the application were an application under this Act as it stands amended bysection 41of the Environment (Miscellaneous Provisions) Act 2015.]