Legal Document

Title: The Natural Resources Conservation Authority Act
Type: Act
Issuing Agency: Ministry of Justice
Responsible Agency: National Environment and Planning Agency (NEPA)
Issuing Date: 09-04-2015

THE NATURAL RESOURCES CONSERVATION AUTHORITY ACT

THE NATURAL RESOURCES CONSERVATION (PERMITS AND LICENCES) (AMENDMENT) REGULATIONS, 2015

 

In exercise of the power 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) (Amendment) Regulations, 2015, and shall be read and construed as one witli the Natural Resources Conservation (Permits and Licences) Regulations, 1996 (hereinafter referred to as the “principal Regulations”) and all amendments thereto.

2 The principal Regulations are amended by deleting regulation 3 and substituting therefor the following as regulation 3—

3. An application for the grant of a permit to undertake an 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.”.

3, The principal Regulations are amended by inserting next after regulation 7 the following as regulations 7A, 7B, 7C and 7D—

7A. Unless earlier suspended or revoked, a permit granted under regulation 3 shall be valid for a period of five years.

 7B.-(1) Subject to paragraph (2), a permit granted under regulation 3 may be renewed by the Authority if—

(a) the person to whom it was granted makes an application, in the form set out as Form 1 in the First Schedule, to the Authority for renewal of the permit not later than two months before the date on which the permit expires; and

(b) the application is accompanied by the renewal fee, if any, set out in Column 4 of Part A of the Second Schedule, in respect of the enterprise, construction or development listed in Column 1 of Part A of the Second Schedule.

      (2) In addition to the other requirements of these Regulations, the Authority may deal with the application in accordance with paragraph (3) where it receives an application for the renewal of a permit after the time specified in paragraph (1) (a) but no later than the date of expiration of the permit.

      (3) In considering an application for the renewal of a permit, the Authority may—

(a) carry out physical inspections of the enterprise, construction or development; and

(b) specify other standards or conditions with which the enteiprise, construction or development shall comply.

 7C. A permit granted before the 1st day of April, 2015, shall expire On the 1st April, 2020.

 7D. The Authority may modify or vary the terms and conditions of a permit where it determines that a material change of circumstances occurred since the permit was first granted,”. 

4. The principal Regulations are amended by deleting regulation 24 and substituting therefor the following as regulation 24—

24.—(1) All applicant for the grant of a permit to undertake the enterprise, construction or development of the prescribed description or category listed in Column 1 of Part A of the Second Schedule in a prescribed area shall—

(a) pay the appropriate application fee specified in Column 2 of Part A of that Schedule;

(b) upon the grant of the permit, pay the appropriate permit fee specified in Column 3 of Part A of that Schedule; and

(c) upon renewal of the permit, pay the appropriate renewal specified out in Column 4 of Part A of that Schedule.

     (2) An applicant for the grant of a licence pursuant to section 12(1) of the Act shall—

(a) pay the appropriate application fee specified in Column 2 of Part B of the Second Schedule;

(b) upon the grant of the licence, pay the appropriate licence fee specified in Column 2 of Part B of the Second Schedule;

(c) upon renewal of the licence, pay the appropriate renewal fee specified in Column 2 of Part B of the Second Schedule; and

(d) where appropriate, pay the late application fee specified in Column 2 of Part B of the Second Schedule.

     (3) A fee paid in respect of an application for a licence or a permit shall be non-refundable.”. 

5. The principal Regulations are amended in the First Schedule by deleting Form 1 and substituting therefor the following as Form 1— 

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