Waste Management Act, 1996

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Section 42 : supplementary provisions.

43.—(1) (a) Where—

(i) no objection is made in accordance with section 42 (3) to the Agency in relation to a decision that it proposes to make in respect of an application made to it for the grant of a waste licence or in consequence of a review conducted by it of a waste licence, or

(ii) any objection or objections that has or have been so made to it in relation thereto is or are withdrawn,

the decision of the Agency in relation to that application or in consequence of the review shall be that as notified by it under section 42 (2).

(b) Where the decision of the Agency is to grant a waste licence or a revised waste licence, such a licence shall be granted by it as soon as may be after the making of the decision.

(2) Without prejudice to section 40 (4), where an objection has been made in accordance with section 42 (3) in relation to a decision referred to in section 42 (2)which it proposes to make, and has not been withdrawn, the Agency shall consider such objection and any submissions, plans, documents or other information and particulars furnished to the Agency in accordance with regulations under section 45 in relation to such objection and, where an oral hearing has been held in relation to the objection, to the report on the hearing, and as soon as may be thereafter the Agency shall decide to grant or refuse to grant the relevant licence in accordance with section 40 (1).

(3) For the purposes of subsection (2), the Agency may consider an objection in relation to a decision referred to in section 42 (2), notwithstanding a default of compliance on the part of an objector with a requirement of, or made pursuant to, regulations under section 45 to furnish any submissions, plans, documents or other information and particulars, without further notice to that person.

(4) It shall be the duty of the Agency to ensure that—

(a) a decision by it under section 42 (11) to hold an oral hearing, or

(b) a decision by it in respect of an application made to it for the grant of a waste licence or in consequence of a review that has been conducted by it of a waste licence, whether or not an oral hearing has been held in relation to any objection made to it in accordance with section 42 (3) in respect of that decision,

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 determination of any such application or the completion of any such review.

(5) (a) A person shall not question the validity of a decision of the Agency on an application made to it for the grant of a waste licence, or in consequence of a review conducted by it of such a licence, otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (hereafter in this subsection referred to as “the Order”).

(b) An application for leave to apply for judicial review under the Order in respect of a decision referred to in paragraph (a) shall—

(i) be made within the period of 2 months commencing on the date on which the decision is given,

(ii) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to—

(I) the Agency,

(II) where the applicant for leave is not the applicant for, or the holder of, the waste licence concerned, the applicant for or holder of that licence,

(III) any person who has made an objection in accordance with section 42 (3) to the Agency in relation to the matter concerned,

(IV) any other person specified for that purpose by order of the High Court,

and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.

(c) (i) The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(ii) This paragraph shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(d) References in this subsection to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.