Environmental Protection Agency Act, 1992
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Review of licences. |
88.—(1) The Agency may review a licence or revised licence granted under this Part at any time with the consent or on the application of the licensee, or at a time not less than three years from the date on which the licence or revised licence was granted. | |
(2) As soon as may be after it has completed a review under this section, the Agency may grant a revised licence in substitution for the licence reviewed. | ||
(3) Without prejudice to subsection (1), a licence or revised licence may be reviewed by the Agency if— | ||
(a) the Agency considers that any emission from the activity to which the licence or revised licence relates constitutes a significant risk of environmental pollution, | ||
(b) there has been a material change in the nature or the extent of an emission, | ||
(c) there has been a material change, which could not have reasonably been foreseen when the licence or revised licence was granted, in the condition of the environment in the area in which the activity to which the licence or revised licence relates is situate, or | ||
(d) evidence, which was not available when the licence or revised licence was granted, has become available, or new standards relating to the contents or nature of the emission concerned or the effects of the emission on the environment or the means for the better control of the emissions are prescribed. | ||
(4) If— | ||
(a) a special control area order under section 39 of the Air Pollution Act, 1987 , affecting any emission from the activity to which the licence relates comes into operation in relation to the area in which the activity is situate, | ||
(b) an air quality standard is specified in regulations made under section 50 of the Air Pollution Act, 1987 , in relation to any emission from the activity to which the licence relates, | ||
(c) a relevant emission limit value is specified in regulations under section 51 of the Air Pollution Act, 1987 , in relation to any emission from the activity to which the licence relates, | ||
(d) regulations under section 26 of the Local Government (Water Pollution) Act, 1977 , relate to an effluent the discharge of which is authorised by such a licence or to the waters to which such effluent is discharged, | ||
(e) a relevant standard is prescribed under regulations made under the European Communities Act, 1972 , or any other enactment, or | ||
(f) relevant regulations under section 106 are made in relation to any noise emissions from the activity to which the licence relates, | ||
the Agency shall, where necessary, and as soon as may be after the regulations are made, the order comes into operation or the directions are given, as the case may be, review the licence or revised licence. | ||
(5) In the review of a licence or revised licence under this section the Agency shall have regard to— | ||
(a) any change in environmental quality in the area in which the activity to which the licence or revised licence relates is situate, and | ||
(b) the development of technical knowledge in relation to environmental pollution and the effects of such pollution, | ||
since the licence or revised licence was granted or last reviewed. |