45Matters to be taken into consideration in licensing functions

45 Matters to be taken into consideration in licensing functions

45 Matters to be taken into consideration in licensing functions

In exercising its functions under this Chapter, the appropriate regulatory authority is required to take into consideration such of the following matters as are of relevance—

(a) any protection of the environment policies,

(b) the objectives of the EPA as referred to in section 6 of the Protection of the Environment Administration Act 1991,

(c) the pollution caused or likely to be caused by the carrying out of the activity or work concerned and the likely impact of that pollution on the environment,

(d) the practical measures that could be taken—

(i) to prevent, control, abate or mitigate that pollution, and

(ii) to protect the environment from harm as a result of that pollution,

(e) any relevant green offset scheme, green offset works or tradeable emission scheme or other scheme involving economic measures, as referred to in Part 9.3,

(f) whether the person concerned is a fit and proper person,

Note.

See section 83 for provisions relating to the determination of whether a person is a fit and proper person for the purposes of this section.

(f1) in relation to an activity or work that causes, is likely to cause or has caused water pollution—

(i) the environmental values of water affected by the activity or work, and

(ii) the practical measures that could be taken to restore or maintain those environmental values,

(g) in connection with a licence application relating to the control of the carrying out of non-scheduled activities for the purpose of regulating water pollution—whether the applicant is the appropriate person to hold the licence having regard to the role of the applicant in connection with the carrying out of those activities,

(h) in connection with a licence application—any documents accompanying the application,

(i) in connection with a licence application—any relevant environmental impact statement, or other statement of environmental effects, prepared or obtained by the applicant under the ,