49Determination of application

49 Determination of application

49 Determination of application

(1) In determining an application to vary a licence to include a legacy condition, the EPA must consider the resulting impact of a decision to grant the application on local and regional air quality and amenity, considering—

(a) pollution reduction programs that may have been established, or that the holder of the licence has agreed to establish, in relation to the activity or plant, and

(b) control equipment that has been installed, or that the holder of the licence has agreed to install, in relation to the activity or plant, and

(c) a load reduction agreement that has been entered into between the EPA and the applicant under the Protection of the Environment Operations (General) Regulation 2021, Chapter 3, Part 1, Division 6, if any, and

(d) the principles of ecologically sustainable development set out in the Protection of the Environment Administration Act 1991, section 6(2), and

(e) other matters that are relevant.

(2) The EPA must not grant an application that would cause the activity, plant or emission unit to belong to a Group with a lower number than the Group to which it previously belonged.

(3) In this section—

include a legacy condition includes renew a legacy condition.

Note—

Refusal of an application to vary the conditions of a licence may be appealed under the Act, section 287. An application is taken to have been refused if it is not granted within 60 days after it is duly made.