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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Waste and Contaminated Land (Northern Ireland) Order 1997 (N.I. 19) URL: http://www.bailii.org/nie/legis/num_orders/1997/19972778(c).html |
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Grant of licences 8. - (1) An application for a licence shall be made to the Department and shall be made on a form provided for the purpose by the Department and accompanied by such information as the Department reasonably requires and the fee payable under Article 15. (2) Where an applicant for a licence fails to provide the Department with any information required under paragraph (1), the Department may refuse to proceed with the application, or refuse to proceed with it until the information is provided. (3) A licence shall not be granted for a use of land, plant or equipment for which planning permission is required under the Planning (Northern Ireland) Order 1991 or consent under the Water Act (Northern Ireland) 1972 is required unless such planning permission is in force or such consent has been granted in relation to that use of the land. (4) Subject to paragraphs (3) and (5), the Department shall not refuse an application for a licence which has been duly made if it is satisfied that the applicant is a fit and proper person unless it is satisfied that such refusal is necessary for the purpose of preventing -
(b) harm to human health; or (c) serious detriment to the amenities of the locality;
but sub-paragraph (c) is inapplicable where planning permission is in force in relation to the use to which the land will be put under the licence.
(b) consider any representations about the proposal which any such body or person makes to it during the allowed period.
(6) If within the period of 4 months from the date on which the Department received an application for the grant of a licence, or within such longer period as the Department and the applicant may at any time agree in writing, the Department has neither granted the licence in consequence of the application nor given notice to the applicant that the Department has refused the application, the Department shall be deemed to have refused the application.
(b) shall have effect in any case where, under paragraph (2), the Department refuses to proceed with it until the required information is provided, with the substitution for the period of 4 months there mentioned of the period of 4 months from the date on which the Department received the information.
(8) The period allowed to any body or person for the making of representations under paragraph (5) about a proposal is the period of 28 days from the date on which the proposal is received by the body or, as the case may be, the person, or such longer period as the Department and the body or, as the case may be, the person, agree in writing.
(b) do any other thing,
which he might not be entitled to carry out or do.
(b) that land is land in relation to which it is likely that, as a consequence of the licence being issued subject to the condition in question, rights will have to be granted by virtue of Article 6(4) to the holder of the licence.
(4) A notice served under paragraph (2) shall -
(b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do; and (c) specify the date by which, and the manner in which, any representation relating to the condition or its possible effects are to be made to the Department by the person on whom the notice is served.
(5) The date which, pursuant to paragraph (4)(c), is specified in a notice shall be a date not earlier than the date on which expires the period -
(b) of such length as may be prescribed.
(6) Before the Department issues the licence it shall, subject to paragraph (7), consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under paragraph (2).
(b) on the application of the licence holder accompanied by the fee payable under Article 15, modify the conditions of his licence to the extent requested in the application.
(2) While a licence is in force, the Department shall, except where it revokes the licence entirely under Article 12, modify the conditions of the licence -
(b) to the extent required by any regulations in force under Article 6(6).
(3) Any modification of a licence under this Article shall be effected by notice served on the holder of the licence and the notice shall state the time at which the modification is to take effect.
(b) the Department need not consider any representations as respects a modification which, in the opinion of the Department, will not affect any body or person mentioned in the paragraphs so applied.
(5) If within the period of 2 months from the date on which the Department received an application by the holder of a licence for a modification of it, or within such longer period as the Department and the applicant may at any time agree in writing, the Department has neither granted a modification of the licence in consequence of the application nor given notice to the applicant that the Department has refused the application, the Department shall be deemed to have refused the application.
(b) the licence, if modified as proposed, would be subject to a relevant new condition.
(2) For the purposes of this Article, a "relevant new condition" is any condition by virtue of which the holder of the licence might be required to carry out any works or do any other thing -
(b) which he could not be required to carry out or do by virtue of the conditions to which, prior to the modification, the licence is subject.
(3) Before modifying the licence, the Department shall serve on every person appearing to the Department to be a person falling within paragraph (4) a notice which complies with the requirements set out in paragraph (5).
(b) that land is land in relation to which it is likely that, as a consequence of the licence being modified so as to be subject to the relevant new condition in question, rights will have to be granted by virtue of Article 6(4) to the holder of the licence.
(5) A notice served under paragraph (3) shall -
(b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do but which he could not be required to carry out or do by virtue of the conditions (if any) to which, prior to the modification, the licence is subject; and (c) specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the Department by the person on whom the notice is served.
(6) The date which, pursuant to paragraph (5)(c), is specified in a notice shall be a date not earlier than the date on which expires the period -
(b) of such length as may be prescribed.
(7) Before the Department issues the licence it shall, subject to paragraph (8), consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under paragraph (3).
(b) that -
(ii) the pollution, harm or detriment cannot be avoided by modifying the conditions of the licence;
the Department may exercise, as it thinks fit, either of the powers conferred by paragraphs (3) and (4).
(2) Where a licence is in force and it appears to the Department that the holder of the licence has ceased to be a fit and proper person by reason of the management of the activities authorised by the licence having ceased to be in the hands of a technically competent person, the Department may exercise the power conferred by paragraph (3).
(b) that -
(ii) the continuing to carry on those activities, or any of those activities, in the circumstances will continue or, as the case may be, cause serious pollution of the environment or serious harm to human health;
the Department may suspend the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the Department specifies in suspending the licence.
(7) A licence suspended under paragraph (6) shall, while the suspension has effect, be of no effect to authorise the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the Department in suspending the licence.
(b) any reference in those paragraphs -
(ii) to issuing a licence were a reference to serving a notice, under paragraph (14), effecting the requirement.
(11) The Department may postpone the service of any notice or the consideration of any representations required under Article 9, as applied by paragraph (10), so far as the Department considers that by reason of an emergency it is appropriate to do so.
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
(13) A person who, without reasonable excuse, fails to comply with any requirement imposed under paragraph (8) in relation to special waste shall be guilty of an offence and shall be liable -
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.
(14) Any revocation or suspension of a licence or requirement imposed during the suspension of a licence under this Article shall be effected by notice served on the holder of the licence and the notice shall state the time at which the revocation or suspension or the requirement is to take effect and, in the case of suspension, the period at the end of which, or the event on the occurrence of which, the suspension is to cease.
(b) may require the holder of the licence to furnish to it further information or further evidence.
(5) The Department shall determine whether it is likely or unlikely that the condition of the land, so far as that condition is the result of the use of the land for the treatment, keeping or disposal of waste (whether or not in pursuance of the licence), will cause pollution of the environment or harm to human health.
(b) consider any representations which any such body or person makes to it during a period of 28 days from the date of the consultation or such longer period as the Department and the body or person agree in writing.
(7) If the Department is satisfied that the condition of the land is unlikely to cause the pollution or harm mentioned in paragraph (5), the Department shall accept the surrender of the licence; but otherwise the Department shall refuse to accept it. |
| © Crown copyright 1997 | Prepared
20 January 1998
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