THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT

THE NATURAL RESOURCES CONSERVATION (PERMITS AND LICENCES) REGULATIONS. 1996

In exercise of the powers conferred upon the Minister by section 38 (1) of the Natural Resources Conservation Authority Act, and of every other power hereunto enabling the following Regulations are hereby made: —

1. These Regulations may be cited as the Natural Resources Conservation (Permits and Licences) Regulations. 1996 and shall. come into operation on the 1st day of January. 1997.

2. In these Regulations- — “existing facility” means any enterprise, construction or development for which all required statutory approval and planning permission were granted on or before the 31st day of Decem ber. 1996;

“hazardous waste” means any substance which by reason of its chemical ac’ivity, toxicity, explosivity. corrosivity or other characteristics, causes or is likely to cause, danger to health or the environment, whether of itself or on contract with other waste.

“poisonous, noxious or polluting matter" means any solid, liquid. semi-solid or gaseous substance which is capable of—

(a) causing harm to human beings or their property;

(b) having an adverse effect on the health of living organisms or interfering with the ecological system; or

(c) otherwise affecting public health and the environment; “prescribed area” means an area prescribed by the Minister by order pursuant to section 9 erf die Act. Permits

3.—(1) An application for the grant of a permit to undertake any enterprise, construction or development of a prescribed description or category in a prescribed area shall be in the form set out as Form 1 in the Schedule.

       (2) An application under paragraph (1) shall be accompanied by completed project information in the form set out as Form 2 in the Schedule.

4. A permit to undertake in a prescribed area any enterprise, con¬ struction or development of a prescribed description or category shall be in the form set out as Form 3 in the Schedule.

5. A notice of suspension of a permit shall be in the form set out as Form 4 in the Schedule.

6. A notice of revocation of a permit shall be in the form set out as Form 5 in the Schedule.

7. A permit granted under these Regulations is not transferable.

Licences

8.  —(1) An application for a licence pursuant the section 12 (1) of the Act shall be maade to the Authority in the form set out as Form 6 in the Schedule.

         (2) The owner, operator or person having the charge or management of an existing facility shall apply for a licence in accordance with these Regulations.

9. The Authority may. by notice, require the owner or any person having the charge or management of an existing facility to upgrade such facility to the current standards applicable to new facilities within such time as may be specified in the notice.

10. A licence granted under regulation 8—

(a) shall be in the form set out as Form 7 in the Schedule, and

(b) shall be for a period of five years or for such period as the Authority thinks fit.

11. A licence may contain such terms and conditions as the Authority thinks appropriate.

12. Every licensee shall notify the Authority of any change or pro¬ posed change in the process of operation or the technology used therein which is likely to cause any change in the nature or composition of any discharge from the undertaking.

13.—(1) Subject to paragraph (2). a licence granted under these Regulations may. on its expiration, be renewed by the Authority if—

 (a) the person to whom it was granted applies to the Authority for renewal erf the licence not later than two months before the date on which the licence expires; and

(b) the Authority is satisfied that there has been no material change in the circumstances which existed at the time the licence was first granted.

        (2) Where the Authority—

(a) receives an application for the renewal of a licence after the time specified in paragraph (a); or

(b) determines that a material change of circumstances has oc¬ curred since the licence was first granted. it shall deal with the application for renewal as if it were a new application made under regulation 8 and accordingly all the pro¬ visions of these Regulations relating to the application for a licence shall apply. Renewal of licence.

       (3) In considering an application for the renewal of a licence. the Authority may — (a) carry out physical inspections of the facility; and (b) specify other standards or conditions with which such facility shall comply

14. The Authority may, amend, vary or modify a licence where —

(a) ownership of the enterprise, construction or development in respect of which the licence is granted changes;

(b) the licensee proposes to change the process of operation or the technology used therein which is likely to cause any change in the nature or composition of any discharge;

(c) the Authority establishes new or revised standards in respect of the undertaking of any enterprise, construction or development; or

(d) for any other reason which, in the opinion of the Authority. is relevant in determining whether a licence should be amended, varied or modified.

 

15.—(1) Subject to paragraph (2). the Authority may. as it thinks appropriate by notice addressed to the licensee, revoke or suspend the licence if it is satisfied that —

(a) a breach of any term or condition, implied or expressed, sub ject to which the licence is granted has been committed;

(b) the licensee ceases operations, so. however, that such licensee shall be liable in respect of any pollution that might be traceable to the licensed activity;

(c) the licensee fails to pay any fees due and payable to the Authority in respect of the licence;

(d) the applicant wilfully submitted false, misleading or incom¬ plete information or omitted relevant information in respect of the grant of a licence;

(e) there is any attempt at. or deliberate instance of. falsification of any record of environmental monitoring;

(f) if the level of pollution from any discharge has or is likely to have an adverse effect on public health or the environ¬ ment.

     (2) Except as provided in paragraph (3), the Authority shall, before revoking or suspending a licence, serve on the licensee a notice in writing—

(a) specifying the breach or default on which the Authority relies and, if it is capable of remedy, and requiry the licensee to remedy it within such time as may be specified in the notice; Revoca¬ tion or suspension of licence. and

(b) inform the licensee that he may apply to the Authority to be heard on the matter within such time as may be specified in the notice.

     (3) Hie Authority shall not be obliged to serve a notice pur¬ suant to subsection (1) in relation to any breach if a cessation order pursuant to section 13 of the Act or an enforcement notice pursuant to section 18 thereof is in effect in relation to that breach.

16. A notice of suspension of a licence shall be in the form set out as Form 8 in the Schedule.

17. A notice of revocation of a li

General

18. The Authority may. upon the evaluation of an application for a permit or licence, require the applicant to furnish any document, in¬ formation or environmental impact assessment pursuant to section 10 of the Act.

19. A cessation order pursuant to section 13 of the Act. shall be in the form set out as Form 10 in the Schedule.

20. An enforcement notice under section 18 of the Act shall be in the form set out as Form 1 1 in the Schedule.

21.—(1) The Authority shall keep, in such manner as it thinks fit, a register or registers in which shall be kept a record of all permits and licences granted; and all actions taken under the Act or these regulations in respect of any such permit or licence shall be entered in the appropriate register.

        (2) Every register to which paragraph (1) refers shall be open for inspection free of charge to the public at the offices erf the Authority at all reasonable hour, copies of any entry in any such register may be provided to any person on payment of the fee specified in regula¬ tion 24.

         (3) The Authority shall evaluate for exclusion from public dis¬ closure any information indicated by the applicant to be commercially sensitive or the disclosure of which would be contrary' to the public interest or the interest of national security.

         (4) Every applicant shall identify and, as far as possible, physi¬ cally separate any such information contained in any material sub¬ mitted with the application, giving reasons for requesting the exclusion thereof.

22. Every person who is granted a licence shall keep all records of the operation including any environmental monitoring for a period of not less than ten years.

23. —(1) Any person duly authorized pursuant to section 20 (1) of the Act to enter any premises may, without prejudice to the generality of the provisions of the section—

(a) inspect and investigate the operation, including conditions relating to the nature and composition of any discharge of sewage and trade effluent;

(b) install, maintain or read equipment or apparatus for the recording of the release of substances into the environment;

c) examine records which are required to be kept under the Act, these Regulations or any term or condition subject to which a licence is granted

24.—(1) The fee specified in the second column shall be payable in respect of the matters respectively specified in relation thereto in the first column— Fea. Applications and Grants erf Permits and Licences Fee

(a) upon each application for a permit or licence                    $1,000.00

(b) upon the grant of a permit                                                 $15,000.00

(c) upon the grant or renewal of a licence                                $5,000.00

               Copies of entries in Register                                            Fee

For each copy . . .                                                                                   $ 10.00

(2) Any fee paid in respect of an application for a permit or licence shall not be refundable.