The Waste and Contaminated Land (Northern Ireland) Order 1997

Variation of licences N.I.

10.—(1) While a licence is in force, the Department may, subject to regulations under Article 6(6),—

(a) on its own initiative, modify the conditions of the licence to any extent which, in the opinion of the Department, is desirable and is unlikely to require unreasonable expense on the part of the holder; and

(b) on the application of the licence holder accompanied by the fee payable under Article 15, modify the conditions of his licence to the extent requested in the application.

(2) While a licence is in force, the Department shall, except where it revokes the licence entirely under Article 12, modify the conditions of the licence—

(a) to the extent which in the opinion of the Department is required for the purpose of ensuring that the activities authorised by the licence do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and

(b) to the extent required by any regulations in force under Article 6(6).

(3) Any modification of a licence under this Article shall be effected by notice served on the holder of the licence and the notice shall state the time at which the modification is to take effect.

(4) Article 8(5) and (8) shall with the necessary modifications apply to a proposal by the Department to modify a licence under paragraph (1) or (2)(a) as they apply to a proposal to grant a licence, except that—

(a) the Department may postpone the reference so far as the Department considers that by reason of an emergency it is appropriate to do so; and

(b) the Department need not consider any representations as respects a modification which, in the opinion of the Department, will not affect[F1 the Health and Safety Executive for Northern Ireland or] any body or person mentioned in the paragraphs so applied.

(5) If within the period of 2 months from the date on which the Department received an application by the holder of a licence for a modification of it, or within such longer period as the Department and the applicant may at any time agree in writing, the Department has neither granted a modification of the licence in consequence of the application nor given notice to the applicant that the Department has refused the application, the Department shall be deemed to have refused the application.

(6) This Article shall have effect subject to Article 11.

F1 1998 NI 18

Modifications etc. (not altering text)

C1 Art. 10 power to apply conferred (10.8.2009) by Groundwater Regulations (Northern Ireland) 2009 (S.R. 2009/254), reg. 13 (with reg. 5)

Commencement Information

I1 Art. 10 partly in operation; art. 10 not in operation at date of making see art. 1(2); art. 10(1)-(5) in operation at 27.11.2003 save for purposes of application to specified activities and otherwise in operation in relation to those activities in accordance with art. 3 of the commencing S.R. by S.R. 2003/489, arts. 2, 3, Sch.; art. 10(6) in operation at 3.4.2008 by S.R. 2008/138, art. 2