Consultation before the grant of certain licences

Schedule 22 – in the House of Commons at 11:45 pm on 28th June 1995.

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  1. 36A.—(1) This section applies where an application for a licence has been duly made to a waste regulation authority, and the authority proposes to issue a licence subject (by virtue of section 35(4) above) to any condition which might require the holder of the licence to—
    1. (a) carry out any works, or
    2. (b) do any other thing,
    which he might not be entitled to carry out or do.
  2. (2) Before issuing the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (3) below a notice which complies with the requirements set out in subsection (4) below.
  3. (3) A person falls within this subsection if—
    1. (a) he is the owner, lessee or occupier of any land; and
    2. (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 section 35(4) above to the holder of the licence.
  4. (4) A notice served under subsection (2) above shall—
    1. (a) set out the condition in question;
    2. (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
    3. (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 waste regulation authority by the person on whom the notice is served.
  5. (5) The date which, pursuant to subsection (4)(c) above, is specified in a notice shall be a date not earlier than the date on which expires the period—
    1. (a) beginning with the date on which the notice is served, and
    2. (b) of such length as may be prescribed in regulations made by the Secretary of State.
  6. (6) Before the waste regulation authority issues the licence it must, subject to subsection (7) below, 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 subsection (2) above.
  7. (7) Subsection (6) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (2) above as the date by which his representations in relation to the condition or its possible effects are to be made.
  8. (8) In subsection (3) above—
owner", in relation to any land in England and Wales, means the person who—
  1. (a) is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or
  2. (b) would receive the rack-rent if the land were let at a rack-rent,
but does not include a mortgagee not in possession; and
owner", in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted.".' No. 93, in page 293, line 7, at end insert— '(3) After subsection (6) of that section (cases where an application for modification is deemed to have been rejected) there shall be added—(7) This section shall have effect subject to section 37A below.. After section 37 of that Act there shall be inserted—