Consultation before varying waste licences EPA 1990 s. 37A
Requires the waste regulator to consult before varying a waste management licence under EPA 1990 s.37A, ensuring interested parties are heard.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
This provision requires the waste regulator to carry out a consultation before varying certain waste management licences. A variation is any change to the licence conditions, scope or duration. The regulator must notify the licence holder and any other persons specified in regulations, and consider any representations made before deciding whether to vary. If the regulator fails to consult properly, the variation may be challenged as procedurally invalid.
When it applies
- A waste operator applies to vary its licence to accept a new type of waste, and the regulator must consult the local authority and the Environment Agency before deciding.
- The regulator proposes to add a condition limiting operating hours; it must notify the licence holder and give them an opportunity to comment.
- A site neighbour objects to a proposed variation that would allow increased waste volumes; the regulator must consider their representations under this section.
- A licence holder requests removal of a condition; the regulator must consult before refusing or granting that variation.
What this section does not say
- This provision does not cover the initial grant of a waste management licence – that is dealt with under section 36A (consultation before grant).
- It does not cover revocation or suspension of a licence – those are under section 38.
- It does not provide a right of appeal against a variation decision – appeals are under section 43.
- It does not apply to variations that are required by an enforcement notice or other regulatory action – those are governed by separate powers.
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. 37A 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.