Environmental Protection Agency Act, 1992

Alterations of activity.

92.—(1) The person in charge of—

(a) an activity in respect of which a licence or revised licence is in force or required under this Part, or

(b) an established activity which for the time being is not required to be licensed under this Act,

shall give notice in writing to the Agency if he proposes to effect any alteration to, or reconstruction in respect of, the activity and such alteration or reconstruction would, or is likely to, materially change or increase emissions from the activity or cause new emissions therefrom.

(2) Whenever the Agency receives a notice under this section or otherwise becomes aware of an alteration or reconstruction referred to in subsection (1), the Agency, notwithstanding any other provision of this Act, may—

(a) if there is a licence or revised licence in force in respect of the activity concerned, either review that licence under section 88 or direct the person in charge to apply for a new licence in substitution for that licence, or

(b) if there is no such licence in force, direct the person in charge to apply for a licence,

and the person in charge shall not effect the alteration or reconstruction until the review has been completed or the new licence or licence, as the case may be, has been granted.

(3) Where the Agency decides pursuant to subsection (2) to review a licence or revised licence or to direct a person to apply for a new licence or, as the case may be, a licence, the Agency shall, within one month of the receipt by it of the notice under this section, or the date on which the Agency otherwise becomes aware of the matters referred to at subsection (1) inform the person accordingly and if such person is not so informed subsection (2) shall cease to have effect in relation to the alteration or reconstruction specified in the notice or of which the Agency otherwise became aware.