Protection of the Environment Act 2003

Amendment of section 39 of Act of 1996.

33.—Section 39 of the Act of 1996 is amended—

(a) by substituting the following subsections for subsections (4) and (5):

“(4) The Minister may by regulations provide that subsection (1) shall not apply in respect of the recovery or disposal in a specified manner of a specified class or classes of waste, if and for so long as the person carrying out the recovery or disposal of the waste, as the case may be, complies with specified conditions in relation to the carrying out of such recovery or disposal.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions in relation to the following matters—

(a) the quantity of waste concerned which may be recovered or disposed of in a particular period,

(b) the use of the best available techniques to prevent or eliminate or, where that is not practicable, to limit, abate or reduce, an emission from the recovery or disposal activity concerned,

(c) a requirement that the person concerned obtain from a local authority or the Agency a waste permit or such other authorisation or certificate as may be prescribed in respect of the carrying on by him or her of the activity concerned,

(d) the specification of controls to be exercised or measures to be taken by a local authority or the Agency in relation to the carrying on of an activity in respect of which such a permit, authorisation or certificate is required (which controls and measures a local authority or the Agency is hereby empowered to exercise or take, as the case may be),

(e) a requirement regarding the payment to a local authority or the Agency of a fee of a specified amount in respect of an application for such a permit, authorisation or certificate, or of such charges as are necessary to defray or contribute towards the cost of any investigation carried out or caused to be carried out by the local authority or the Agency in relation to such application,

(f) where a question arises as to whether or not a particular waste recovery or disposal activity falls within regulations under subsection (4), enabling the Agency to determine that question and providing that that determination of the Agency shall be final,

(g) such other matters as the Minister considers are appropriate to ensure that the recovery or disposal activity concerned will not cause environmental pollution.”,

and

(b) in subsection (7), by substituting in paragraph (a) (inserted by the Waste Management (Amendment) Act 2001 ) “paragraph 7.7.1, 7.7.2 or 11.1” for “paragraph 11.1”.