Protection of the Environment Act 2003

Amendment of section 40 of Act of 1996.

35.—Section 40 of the Act of 1996 is amended—

(a) by substituting the following clause for clause (I) of subsection (2)(b)(ii):

“(I) any environmental impact statement which is submitted to the Agency under and in accordance with a requirement of, or made pursuant to, regulations under section 45, in so far as the said statement relates to the risk of environmental pollution from the waste activity concerned,”,

(b) by substituting the following subparagraphs for subparagraphs (iii) and (iv) of subsection (2)(b):

“(iii) such other matters related to the prevention, limitation, elimination, abatement or reduction of environmental pollution from the activity concerned as it considers necessary,

(iv) the policies and objectives of the Minister or the Government in relation to waste management for the time being extant, and

(v)   such other matters as may be prescribed.”,

(c) by deleting subsection (3),

(d) by inserting the following paragraph after paragraph (b) of subsection (4):

“(bb) if the activity concerned involves the landfill of waste, the activity, carried on in accordance with such conditions as may be attached to the licence, will comply with Council Directive 1999/31/EC on the landfill of waste,”,

(e) by inserting the following paragraph after paragraph (c) of subsection (4):

“(cc) the activity concerned is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and will not prejudice measures taken or to be taken by the relevant local authority or authorities for the purpose of the implementation of any such plan,”,

(f) by substituting in paragraph (e) of subsection (4) “section 53,” for “section 53.”,

(g) by inserting the following paragraphs after paragraph (e) of subsection (4):

“(f) energy will be used efficiently in the carrying on of the activity concerned,

(g) any noise from the activity concerned will comply with, or will not result in the contravention of, any regulations under section 106 of the Act of 1992,

(h) necessary measures will be taken to prevent accidents in the carrying on of the activity concerned and, where an accident occurs, to limit its consequences for the environment,

(i) necessary measures will be taken upon the permanent cessation of the activity concerned (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to a satisfactory state.”,


(h) by inserting in subsection (7)(a), after “this Act”, “, the Act of 1992, the Local Government (Water Pollution) Acts 1977 and 1990 or the Act of 1987”.