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S.L. 549.45 · Waste Management (Activity (S.L. 549.45)

S.L. 549.45 ст. 5Notification procedure. Cap. 552.

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(1) Where provided in these regulations, the activity shall be notified to the Authority, prior to the commencement of any work, on the form provided by the Authority. This form shall be accompanied by a description of the proposed activity, the established fee, if any, two good-quality colour photographs representative of the site on which the activity is to be carried out, if any, and by other relevant documentation as provided in these regulations or as the Authority may deem necessary, so that the details submitted to the Authority shall clearly and correctly identify:

(i) the applicant;

(ii) the precise location and full extent of the site, if any;

(iii) the full nature and extent of the activity;

(iv) the class of Schedule I permitting such activity;

(v) all previous permits, applications and notifications affecting the activity;

(vi) all information requested in Schedule II: Provided that where the proposed activity or the operator of the activity requires a licence, permit or authorization from any government department or entity, the Authority may use the information supplied by the operator to such other department or entity, or require such department or entity to collect information on its behalf for the purposes of these regulations.

(2) A notification may cover activities which fall into more than one class or paragraph within a class, where these are to be carried out on the same site, or are consequential to each other, except where otherwise provided in these regulations, and provided that such activities are to be carried out by the same applicant.

(3) (a) Where so provided in these regulations, the Authority shall respond in writing to the notification and shall return one copy of the document on which the proposed activity is described, endorsed to state whether or not the activity is permitted.

(b) Where a response from the Authority is required under paragraph (a), and without prejudice to any applicable provisions of these regulations, the activity shall only be treated as permitted if the applicant has complied with the notification procedure specified in sub-regulation (1), and the Authority has confirmed that the activity is permitted.

(c) If the activity is not permitted, the Authority shall give detailed reasons for such a decision. If the activity is permitted, such permit shall be valid for a period of one calendar year commencing on the date on which the official endorsement by the Authority is issued.

(4) All communications issued by the Authority to indicate that an activity listed in Schedule I is permitted under the Act shall immediately cease to have effect upon the coming into force of these regulations: Provided that this sub-regulation shall not apply in respect of any such activity that is lawfully carried out prior to the date of coming into force of these regulations.

(5) Where an activity has been carried out without the notification required in accordance with sub-regulation (1), and that activity complies fully with the relevant exceptions, limitations and conditions specified in these regulations, the notification of that activity shall be treated as though it were a prior notification in accordance with sub-regulation (1), except where otherwise provided in these regulations.

(6) Where -

(i) an activity has been carried out without the notification required in accordance with sub-regulation (1); or

(ii) a notification has been made and the Authority has not responded to the notification, whether or not required to do so in these regulations; and that activity -

(a) runs counter to policies or plans or legislation approved according to the Act or the Development Planning Act, or

(b) is not correctly, completely and unequivocally reflected in the notification, or

(c) causes or is likely to cause harm to human health or the environment, the Authority shall still have the right to stop the activity or any works and, or to take enforcement or other action, in accordance with the Act.

(7) Where the activity is carried out after the permit validity stipulated in this regulation has expired, or after the regulations under which it is permitted have been repealed, the Authority shall still have the right to stop the activity or any works and, or to take enforcement or other action, in accordance with the Act.