Waste Management Act, 1996

Surrender of waste licences.

48.—(1) A waste licence may be surrendered by its holder, but only if the Agency accepts the surrender.

(2) The holder of a waste licence who desires to surrender it shall make an application for that purpose to the Agency, in such form, giving such information and accompanied by such evidence as may be prescribed and accompanied by such fee as may be prescribed under section 50 .

(3) Upon receiving an application for the surrender of a waste licence, the Agency—

(a) shall inspect the facility at which the activity to which the licence relates is carried on (“the relevant facility”), and

(b) may require the holder of the licence to furnish to it such further information or evidence as it may specify.

(4) For the purpose of subsection (3), the Agency may, by notice in writing served on the person, require a person who has made an application to it under subsection (2) to carry out, or arrange to have carried out, in such manner as may be specified in the notice, such monitoring, sampling and investigations, in addition to those which may be required under a condition attached to the waste licence concerned, as the Agency considers necessary, and so specifies, and any requirement so made shall be regarded as a condition attaching to that licence.

(5) Where the Agency proposes to accept the surrender of a waste licence, it shall consult with such persons and in accordance with such procedures as may be prescribed.

(6) Having regard to such information or evidence as is furnished to it under paragraph (b) of subsection (3) and to the results of an inspection under paragraph (a) of that subsection and of any monitoring, sampling and investigation required to be carried out under subsection (4), the Agency shall assess the condition of the relevant facility, so far as that condition is the result of the use of the facility for the recovery or disposal of waste (whether or not carried on in accordance with the waste licence concerned) and the likely effect on any environmental media of any emissions from the relevant facility that may occur.

(7) If the Agency is satisfied that the condition of the relevant facility is not causing or likely to cause environmental pollution, it shall accept the surrender of the waste licence, but otherwise shall refuse to accept the surrender of the licence.

(8) A decision of the Agency under subsection (7) shall be conveyed to—

(a) the applicant concerned,

(b) the local authority in whose functional area the activity, the subject matter of the waste licence, has been carried on, and

(c) any person concerned that it has consulted under subsection (5),

by notice in writing, as soon as may be after the decision is made and where the decision is a decision to accept the surrender of a waste licence, that licence shall cease to have effect upon the service of the said notice.

(9) The making of an application for the surrender of a waste licence under this section or the cesser of the activity to which a waste licence relates, shall in no way affect or diminish such conditions, requirements or obligations applying to or falling on the holder of such licence as are specified in or arise under the licence.