Environment Act 1995

68 (1) Section 36 of that Act (grant of licences) shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In subsection (1) (making of applications) for the words following paragraph (b) there shall be substituted— “and shall be made on a form provided for the purpose by the waste regulation authority and accompanied by such information as that authority reasonably requires and the charge prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995.

(1A) Where an applicant for a licence fails to provide the waste regulation authority with any information required under subsection (1) above, the authority may refuse to proceed with the application, or refuse to proceed with it until the information is provided.”

(3) In subsection (4) (reference of proposals to, and consideration of representations made by, other bodies)—

(a) in paragraph (a), for the words “the National Rivers Authority” there shall be substituted the words “ the appropriate planning authority ”, and

(b) in paragraph (b), for the word “Authority” there shall be substituted the word “ authority ”.

(4) Subsections (5) (reference by National Rivers Authority to the Secretary of State) and (6) (which makes provision for Scotland in place of subsection (4)) shall cease to have effect.

(5) After subsection (9) (application deemed to be rejected if not granted or refused within four months from being received) there shall be inserted—

“(9A) Subsection (9) above—

(a) shall not have effect in any case where, by virtue of subsection (1A) above, the waste regulation authority refuses to proceed with the application in question, and

(b) shall have effect in any case where, by virtue of subsection (1A) above, the waste regulation authority refuses to proceed with it until the required information is provided, with the substitution for the period of four months there mentioned of the period of four months beginning with the date on which the authority received the information.”

(6) For subsection (10) (period of 21 days allowed for bodies to make representations) there shall be substituted—

“(10) The period allowed to the appropriate planning authority, the Health and Safety Executive or the appropriate nature conservancy body for the making of representations under subsection (4) or (7) above about a proposal is the period of twenty-eight days beginning with the day on which the proposal is received by the waste regulation authority or such longer period as the waste regulation authority, the appropriate planning authority, the Executive or the body, as the case may be, agree in writing.

(11) In this section—

• “the appropriate planning authority” means—

  (a)

  where the relevant land is situated in the area of a London borough council, that London borough council;

  (b)

  where the relevant land is situated in the City of London, the Common Council of the City of London;

  (c)

  where the relevant land is situated in a non-metropolitan county in England, the council of that county;

  (d)

  where the relevant land is situated in a National Park or the Broads, the National Park authority for that National Park or, as the case may be, the Broads Authority;

  (e)

  where the relevant land is situated elsewhere in England or Wales, the council of the district or, in Wales, the county or county borough, in which the land is situated;

  (f)

  where the relevant land is situated in Scotland, the council constituted under section 2 of the M1 Local Government etc. (Scotland) Act 1994 for the area in which the land is situated;

• “the Broads” has the same meaning as in the M2 Norfolk and Suffolk Broads Act 1988;

• “National Park authority”, subject to subsection (12) below, means a National Park authority established under section 63 of the Environment Act 1995 which has become the local planning authority for the National Park in question;

• “the relevant land” means—

  (a)

  in relation to a site licence, the land to which the licence relates; and

  (b)

  in relation to a mobile plant licence, the principal place of business of the operator of the plant to which the licence relates.

(12) As respects any period before a National Park authority established under section 63 of the Environment Act 1995 in relation to a National Park becomes the local planning authority for that National Park, any reference in this section to a National Park authority shall be taken as a reference to the National Park Committee or joint or special planning board for that National Park.

(13) The Secretary of State may by regulations amend the definition of “appropriate planning authority” in subsection (11) above.

(14) This section shall have effect subject to section 36A below.”

Commencement Information

I1 Sch. 22 para. 68 partly in force; Sch. 22 para. 68 not in force at Royal Assent see s. 125(3); Sch. 22 para. 68(1)(3)(4)(6) wholly in force and Sch. 22 para. 68(2) in force for specified purposes at 1.4.1996 by S.I. 1996/186, art. 3 (with art. 4); Sch. 22 para. 68(2) in force at 1.4.1998 insofar as not already in force and Sch. 22 para. 68(5) in force at 1.4.1998 by S.I. 1998/604, art. 2

Marginal Citations

M1 1994 c. 39.

M2 1988 c. 4.