Environmental Protection Agency Act, 1992
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Processing of applications for licences or reviews of licences. |
85.—(1) (a) Where an application is to be made to the Agency for a licence under section 83 the applicant shall notify the planning authority in whose functional area the activity is or will be situate and such other person (if any) as may be prescribed, and shall publish or give such notices as may be prescribed under section 87 . | |
(b) Where the Agency proposes to review a licence or revised licence under section 88 , it shall publish or give such notice as may be prescribed under section 87 , and shall notify in writing the licensee and the planning authority in whose functional area the activity is situate and such other person (if any) as may be prescribed, of its intention to review the licence or revised licence. | ||
(2) Before making its decision under section 83 (1) on an application for a licence, or under section 88 (2) on the review of a licence or revised licence, the Agency shall notify— | ||
(a) the planning authority in whose functional area the activity is or will be situate, | ||
(b) the applicant or the licensee, as the case may be, and | ||
(c) any person who made a written submission in relation to the application or the review, | ||
indicating the manner in which it proposes to determine the application or the review and, where it is proposed to grant a licence or revised licence, specifying where a copy of the proposed licence or proposed revised licence may be obtained. | ||
(3) A notification provided for under subsection (2) shall be given within two months of the date of the application for a licence under section 83 or the date of the publication of a notice under subsection (1) (b), as the case may be. | ||
(4) The Agency shall, in relation to an application for a licence, or the review of a licence or revised licence— | ||
(a) in case no objection is taken against the proposed determination as indicated under subsection (2), or | ||
(b) in case an objection or objections is or are taken against the proposed determination as indicated under subsection (2) and the objection or objections is or are withdrawn, | ||
make its decision in accordance with the proposed determination as indicated under subsection (2) and, where it is proposed to grant a licence or revised licence, grant the licence or revised licence as soon as may be after the expiration of the appropriate period. | ||
(5) Any person may, subject to compliance with the requirements of any regulations under sections 87 and 94 at any time before the expiration of the appropriate period, object to the proposed determination as indicated under subsection (2), and shall include with the objection the grounds for the objection. | ||
(6) Where an objection has been lodged, the Agency shall have an absolute discretion to hold an oral hearing and, if it so decides, the Agency shall notify, in writing, the applicant or, in the case of a review, the licensee, the planning authority in whose functional area the activity the subject of a licence application or review will be or is situate and all those from whom objections in compliance with subsection (5) were received. | ||
(7) It shall be a duty of the Agency to ensure that a decision by it to hold an oral hearing, and a decision by it on the application for a licence or on the review of a licence or revised licence whether or not an oral hearing has been held, shall be given as expeditiously as may be and for that purpose the Agency shall take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the consideration of objections. | ||
(8) A person shall not by any application for judicial review or in any other legal proceedings whatsoever question the validity of a decision of the Agency to grant or refuse a licence or revised licence unless the proceedings are instituted within the period of two months commencing on the date on which the decision is given. | ||
(9) The provisions of this section shall not, to such extent as may be prescribed, apply to an application for a licence or to the review of a licence or revised licence to discharge to a sewer. | ||
(10) In this section— | ||
“the appropriate period” means— | ||
(a) in the case of the applicant or the licensee, the period of 28 days beginning on the day of the giving of the notification under subsection (2), | ||
(b) in any other case, the period of 21 days beginning on the day of the giving of the notification under subsection (2). |