If you require a waste licence, you must satisfy legislative requirements that are largely set out in the Waste Management (Licensing) Regulations, 2004 to 2011.
You must make your application on the specified application form, and guidance notes are available to assist you. Pay special attention to the relevant BAT Guidance Note(s), if available at that time from the Environmental Protection Agency (EPA), when completing the form.
The application process involves a number of stages, as outlined below.
Before making an application you must:
The content of the notices is set out in the Waste (Licensing) Regulations, 2004 to 2011
This stage includes EPA assessment of the the application and submissions on the application. In making an application, make sure that:
If your application does not comply with the regulations we may request additional information to acheive compliance. Where such a request is not fully complied with, we may:
Once we have acknowledged the application as complete, we cannot issue the proposed decision until a month has passed, to allow for further submissions. Before making a proposed determination we must take into account any written submissions we receive.
We are required to indicate how we propose to determine an application, and will:
Anyone, including the applicant for a licence or a licensee, can make an objection within 28 days of the proposed decision being issued.
The applicant and those submitting a valid objection will be issued with a copy of all valid objections. Submissions in relation to an objection can be made within one month of copies of the objection being circulated.
We cannot consider submissions on objections received after this one-month period, and cannot consider further submissions or elaborations.
We do, however, have the discretion, in the interests of justice and in particular circumstances we consider appropriate, to request a party to an objection to make a submission in relation to any matter arising in the course of the objection.
Where appropriate, we may request a party to an objection to submit further information within a specified period.
Where no valid objection is made within the prescribed period, we will issue our decision as per the proposed determination.
A person making a valid objection may request an oral hearing. This involves a fee.
In arriving at our decision, we will consider the application and all objections, submissions received and, where an oral hearing has been held, the report and recommendation of the person/s who conducted the hearing.
When we make a final decision, we notify:
The decision will be made available for inspection on this website. Waivers and refunds for applications and objections of the fees may be allowed in certain limited circumstances.
Once a decision has issued, any person can apply to the High Court within two months of a decision to refuse or grant the licence, and seek a judicial review of the validity of the decision. Please see Stage 7 below.
What is a judicial review? Judicial review is a form of court proceedings in which a judge reviews the lawfulness of a decision of action by a public body. It is a challenge to the way in which a decision has been made. It is not so much concerned with the decision itself and whether it was right but with whether the law has been correctly applied and whether the correct procedures were followed. It is not an appeals process. The court will not substitute its opinion for that of the public authority.
Whose decisions can be challenged by judicial review? The types of public bodies whose decisions may be challenged include among others:Government ministers and departmentsLocal authorities and health authoritiesThe Environmental Protection Agency
Who can apply for a judicial review?
A person who feels that a decision of the Agency has violated his/her rights may apply to the High Court for a judicial review of the decision.
Time Limit
In accordance with Section 43(5) of the Waste Management Act 1996 to 2011, a person may institute proceedings within a period of 2 months beginning on the date the Agency issues its Decision.
What makes a decision unlawful?
Judicial review looks at the lawfulness of decisions and actions. These can be challenged on a number of grounds which are often described as follows: Illegality, Irrationality and Unfairness Illegality: Public bodies must correctly understand and apply the law that regulates their decision making powers. If the decision maker had no power to make it or exceeded the powers given to him/her/it an action or decision may be unlawful. Irrationality: The court can reverse a decision if it is so unreasonable as to be “perverse” or “irrational” Unfairness: This generally deals with the process by which a decision was reached and includes the right to a fair hearing
Remedies or what can a judicial review do for me? If an application for a judicial review is successful, the court can grant a remedy by making one of a number of orders:
Proceedings
There are two stages in proceedings for a judicial review:1. Leave to apply for a judicial review2. Where leave is granted, the substantial application is heard.
Where a Licensee is of the opinion that their existing Waste Licence requires a review, they should contact the Office of Environmental Enforcement in writing outlining the reasons why they think their Licence needs to be reviewed. The Office of Environmental Enforcement in consultation with the Environmental Licensing Programme of the Office of Climate, Licensing and Resource Use will consider the grounds for review and make a decision on whether or not a review is required. This decision will be notified to the Licensee.
Once it is established that a review is required, the Licensee proceeds to apply for a review of their Licence in accordance with the Waste Management (Licensing) Regulations 2004 to 2011. The procedure for lodging an application for a review of a licence is similar to that of applying for a Licence.
The Agency can also initiate a review of a Licence in certain circumstances as outlined in Section 42(1)(b) of the Waste Management Acts 1996 to 2011.
Learn more
Find out more about:
For further information contact our Environmental Licensing Programme at:
Office of Climate, Licensing & Resource UsePO Box 3000Johnstown Castle Estate County WexfordTelephone Locall 1890 33 55 99 or 053 91 60600Email info@epa.ie for the attention of the Environmental Licensing Programme.
