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Northern Ireland Orders in Council


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  Grant of licences
     8.  - (1) An application for a licence shall be made to the Department and shall be made on a form provided for the purpose by the Department and accompanied by such information as the Department reasonably requires and the fee payable under Article 15.

    (2) Where an applicant for a licence fails to provide the Department with any information required under paragraph (1), the Department may refuse to proceed with the application, or refuse to proceed with it until the information is provided.

    (3) A licence shall not be granted for a use of land, plant or equipment for which planning permission is required under the Planning (Northern Ireland) Order 1991 or consent under the Water Act (Northern Ireland) 1972 is required unless such planning permission is in force or such consent has been granted in relation to that use of the land.

    (4) Subject to paragraphs (3) and (5), the Department shall not refuse an application for a licence which has been duly made if it is satisfied that the applicant is a fit and proper person unless it is satisfied that such refusal is necessary for the purpose of preventing - 

    (a) pollution of the environment;

    (b) harm to human health; or

    (c) serious detriment to the amenities of the locality;

but sub-paragraph (c) is inapplicable where planning permission is in force in relation to the use to which the land will be put under the licence.

    (5) Where the Department proposes to grant a licence, the Department shall, before it does so, - 

    (a) refer the proposal to such body or person as the Department considers appropriate; and

    (b) consider any representations about the proposal which any such body or person makes to it during the allowed period.

    (6) If within the period of 4 months from the date on which the Department received an application for the grant of a licence, or within such longer period as the Department and the applicant may at any time agree in writing, the Department has neither granted 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.

    (7) Paragraph (6) - 

    (a) shall not have effect in any case where, under paragraph (2), the Department refuses to proceed with the application in question, and

    (b) shall have effect in any case where, under paragraph (2), the Department refuses to proceed with it until the required information is provided, with the substitution for the period of 4 months there mentioned of the period of 4 months from the date on which the Department received the information.

    (8) The period allowed to any body or person for the making of representations under paragraph (5) about a proposal is the period of 28 days from the date on which the proposal is received by the body or, as the case may be, the person, or such longer period as the Department and the body or, as the case may be, the person, agree in writing.

    (9) This Article shall have effect subject to Article 9.

Consultation before the grant of certain licences
    
9.  - (1) This Article applies where an application for a licence has been duly made to the Department, and the Department proposes to issue a licence subject (by virtue of Article 6(4)) to any condition which might require the holder of the licence to - 

    (a) carry out any works, or

    (b) do any other thing,

which he might not be entitled to carry out or do.

    (2) Before issuing the licence, the Department shall serve on every person appearing to the Department to be a person falling within paragraph (3) a notice which complies with the requirements set out in paragraph (4).

    (3) A person falls within this paragraph if - 

    (a) he is the owner, lessee or occupier of any land; and

    (b) that land is land in relation to which it is likely that, as a consequence of the licence being issued subject to the condition in question, rights will have to be granted by virtue of Article 6(4) to the holder of the licence.

    (4) A notice served under paragraph (2) shall - 

    (a) set out the condition in question;

    (b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do; and

    (c) specify the date by which, and the manner in which, any representation relating to the condition or its possible effects are to be made to the Department by the person on whom the notice is served.

    (5) The date which, pursuant to paragraph (4)(c), is specified in a notice shall be a date not earlier than the date on which expires the period - 

    (a) beginning with the date on which the notice is served, and

    (b) of such length as may be prescribed.

    (6) Before the Department issues the licence it shall, subject to paragraph (7), consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under paragraph (2).

    (7) Paragraph (6) does not require the Department to consider any representations made by a person after the date specified in the notice served on him under paragraph (2) as the date by which his representations in relation to the condition or its possible effects are to be made.

Variation of licences
    
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 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.

Consultation before certain variations
    
11.  - (1) This Article applies where - 

    (a) the Department proposes to modify a licence under Article 10(1) or (2)(a); and

    (b) the licence, if modified as proposed, would be subject to a relevant new condition.

    (2) For the purposes of this Article, a "relevant new condition" is any condition by virtue of which the holder of the licence might be required to carry out any works or do any other thing - 

    (a) which he might not be entitled to carry out or do, and

    (b) which he could not be required to carry out or do by virtue of the conditions to which, prior to the modification, the licence is subject.

    (3) Before modifying the licence, the Department shall serve on every person appearing to the Department to be a person falling within paragraph (4) a notice which complies with the requirements set out in paragraph (5).

    (4) A person falls within this paragraph if - 

    (a) he is the owner, lessee or occupier of any land; and

    (b) that land is land in relation to which it is likely that, as a consequence of the licence being modified so as to be subject to the relevant new condition in question, rights will have to be granted by virtue of Article 6(4) to the holder of the licence.

    (5) A notice served under paragraph (3) shall - 

    (a) set out the relevant new condition in question;

    (b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do but which he could not be required to carry out or do by virtue of the conditions (if any) to which, prior to the modification, the licence is subject; and

    (c) specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the Department by the person on whom the notice is served.

    (6) The date which, pursuant to paragraph (5)(c), is specified in a notice shall be a date not earlier than the date on which expires the period - 

    (a) beginning with the date on which the notice is served, and

    (b) of such length as may be prescribed.

    (7) Before the Department issues the licence it shall, subject to paragraph (8), consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under paragraph (3).

    (8) Paragraph (7) does not require the Department to consider any representations made by a person after the date specified in the notice served on him under paragraph (3) as the date by which his representations in relation to the condition or its possible effects are to be made.

    (9) The Department may postpone the service of any notice or the consideration of any representations required under this Article so far as the Department considers that by reason of an emergency it is appropriate to do so.

Revocation and suspension of licences
    
12.  - (1) Where a licence is in force and it appears to the Department - 

    (a) that the holder of the licence has ceased to be a fit and proper person by reason of his having been convicted of a prescribed offence; or

    (b) that - 

      (i) the continuation of the activities authorised by the licence would cause pollution of the environment or harm to human health or would be seriously detrimental to the amenities of the locality affected; and

      (ii) the pollution, harm or detriment cannot be avoided by modifying the conditions of the licence;

    the Department may exercise, as it thinks fit, either of the powers conferred by paragraphs (3) and (4).

    (2) Where a licence is in force and it appears to the Department that the holder of the licence has ceased to be a fit and proper person by reason of the management of the activities authorised by the licence having ceased to be in the hands of a technically competent person, the Department may exercise the power conferred by paragraph (3).

    (3) The Department may, under this paragraph, revoke the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the Department specifies in revoking the licence.

    (4) The Department may, under this paragraph, revoke the licence entirely.

    (5) A licence revoked under paragraph (3) shall cease to have effect to authorise the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the Department in revoking the licence but shall not affect the requirements imposed by the licence which the Department, in revoking the licence, specify as requirements which are to continue to bind the licence holder.

    (6) Where a licence is in force and it appears to the Department - 

    (a) that the holder of the licence has ceased to be a fit and proper person by reason of the management of the activities authorised by the licence having ceased to be in the hands of a technically competent person; or

    (b) that - 

      (i) serious pollution of the environment or serious harm to human health has resulted from, or is about to be caused by, the activities to which the licence relates or the happening or threatened happening of an event affecting those activities; and

      (ii) the continuing to carry on those activities, or any of those activities, in the circumstances will continue or, as the case may be, cause serious pollution of the environment or serious harm to human health;

    the Department may suspend the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the Department specifies in suspending the licence.

    (7) A licence suspended under paragraph (6) shall, while the suspension has effect, be of no effect to authorise the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the Department in suspending the licence.

    (8) Where a licence is suspended under paragraph (6), the Department, in suspending it or at any time while it is suspended, may require the holder of the licence to take such measures to deal with or avert the pollution or harm as the Department considers necessary.

    (9) A requirement imposed under paragraph (8) may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him under that paragraph.

    (10) Paragraphs (2) to (7) of Article 9 shall, with the necessary modifications, apply where the Department proposes to impose a requirement under paragraph (8) which may require the holder of a licence to carry out any such works or do any such thing as is mentioned in paragraph (9) as they apply where the Department proposes to issue a licence subject to any such condition as is mentioned in paragraph (1) of that Article, but as if - 

    (a) the reference in paragraph (3) of that Article to Article 6(4) were a reference to paragraph (9); and

    (b) any reference in those paragraphs - 

      (i) to the condition, or the condition in question, were a reference to the requirement; and

      (ii) to issuing a licence were a reference to serving a notice, under paragraph (14), effecting the requirement.

    (11) The Department may postpone the service of any notice or the consideration of any representations required under Article 9, as applied by paragraph (10), so far as the Department considers that by reason of an emergency it is appropriate to do so.

    (12) , without reasonable excuse, fails to comply with any requirement imposed under paragraph (8) otherwise than in relation to special waste shall be guilty of an offence and shall be liable - 

    (a) on summary conviction, to a fine not exceeding the statutory maximum; and

    (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

    (13) A person who, without reasonable excuse, fails to comply with any requirement imposed under paragraph (8) in relation to special waste shall be guilty of an offence and shall be liable - 

    (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both; and

    (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.

    (14) Any revocation or suspension of a licence or requirement imposed during the suspension 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 revocation or suspension or the requirement is to take effect and, in the case of suspension, the period at the end of which, or the event on the occurrence of which, the suspension is to cease.

    (15) If the Department is of the opinion that proceedings for an offence under paragraph (12) or (13) would afford an ineffectual remedy against a person who has failed to comply with any requirement imposed under paragraph (8), the Department may take proceedings in the High Court for the purpose of securing compliance with the requirement.

Surrender of licences
    
13.  - (1) A licence may be surrendered by its holder to the Department but, in the case of a site licence, only if the Department accepts the surrender.

    (2) The following provisions apply to the surrender and acceptance of the surrender of a site licence.

    (3) The holder of a site licence who desires to surrender it shall make an application for that purpose to the Department on a form provided by the Department for the purpose, giving such information and accompanied by such evidence as the Department reasonably requires and accompanied by the fee payable under Article 15.

    (4) On receiving an application for the surrender of a site licence the Department - 

    (a) shall inspect the land to which the licence relates, and

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

    (5) The Department shall determine whether it is likely or unlikely that the condition of the land, so far as that condition is the result of the use of the land for the treatment, keeping or disposal of waste (whether or not in pursuance of the licence), will cause pollution of the environment or harm to human health.

    (6) In determining the matters referred to in paragraph (5) the Department shall - 

    (a) consult with such body or person as the Department considers appropriate; and

    (b) consider any representations which any such body or person makes to it during a period of 28 days from the date of the consultation or such longer period as the Department and the body or person agree in writing.

    (7) If the Department is satisfied that the condition of the land is unlikely to cause the pollution or harm mentioned in paragraph (5), the Department shall accept the surrender of the licence; but otherwise the Department shall refuse to accept it.

    (8) Where the surrender of a licence is accepted under this Article the Department shall issue to the applicant, with the notice of its determination, a certificate (a "certificate of completion") stating that it is satisfied as mentioned in paragraph (7) and, on the issue of that certificate, the licence shall cease to have effect.

    (9) If within the period of 3 months from the date on which the Department receives an application to surrender a licence, or within such longer period as the Department and the applicant may at any time agree in writing, the Department has neither issued a certificate of completion nor given notice to the applicant that the Department has refused the application, the Department shall be deemed to have refused the application.

 
© Crown copyright 1997
Prepared 20 January 1998

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