Consultation before grant of licences – EPA 1990 s. 36A
Requires consultation with specified persons before granting certain waste management licences under s.36. Procedure per regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 36A of the Environmental Protection Act 1990 requires the waste regulation authority to consult specified persons before granting certain waste management licences under section 36. The consultation must follow a procedure set out in regulations.
This ensures that interested parties, such as local authorities or environmental bodies, have an opportunity to comment on a proposed licence before it is granted.
The provision does not set out the grounds for granting or refusing a licence; those are found in section 36 and related sections.
When it applies
- A company applies for a waste management licence to operate a landfill site; the authority must consult local residents and the Environment Agency before granting it.
- A business seeks a licence to treat hazardous waste; the authority consults the health and safety executive and the local council.
- An individual applies for a licence to store waste on their property; the authority consults the planning department and any affected neighbours.
- A local authority applies for a licence to run a civic amenity site; the authority consults the relevant environmental regulators.
What this section does not say
- This section does not cover variations of existing licences – those are governed by section 37A.
- It does not apply to the revocation or suspension of licences under section 38.
- It does not set out the criteria for granting a licence – those are in section 36.
- It does not cover appeals against licence decisions – appeals are dealt with under section 43.
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 36A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.