Statute Details
- Title: Environmental Public Health (Modification of Licences) Regulations 2019
- Act Code: EPHA1987-S428-2019
- Legislation Type: Subsidiary legislation (SL)
- Enacting Authority: National Environment Agency (NEA), with the approval of the Minister for the Environment and Water Resources
- Authorising Act: Environmental Public Health Act (Chapter 95)
- Enabling Power: Section 111(1) of the Environmental Public Health Act
- Citation: S 428/2019
- Commencement Date: 10 June 2019
- Key Provisions (from extract): Section 1 (citation and commencement); Section 2 (prescribed period for written representations); Section 3 (meaning of “licence”)
- Current Version: Current version as at 27 Mar 2026 (per provided status)
What Is This Legislation About?
The Environmental Public Health (Modification of Licences) Regulations 2019 (“Modification of Licences Regulations”) are a short but practically significant set of subsidiary regulations made under the Environmental Public Health Act (Chapter 95) (“EPHA”). Their core function is to set procedural rules for how certain licence conditions may be modified, specifically by prescribing the time period within which a licensee may respond to a proposed modification.
In plain terms, the Regulations ensure that when NEA proposes to change conditions attached to a licence under the EPHA, the affected licensee is given a defined opportunity to make written representations. This is a procedural safeguard: it creates a clear deadline and reduces uncertainty for both the regulator and regulated parties.
The Regulations also clarify the scope of what counts as a “licence” for the relevant EPHA process. This matters because the EPHA uses the term “licence” in multiple contexts, and the Regulations adopt a broad definition for the purposes of the modification procedure—while expressly excluding a particular category of licence (cleaning business licences under Part IXA).
What Are the Key Provisions?
Section 1: Citation and commencement is straightforward. It provides that the Regulations may be cited as the Environmental Public Health (Modification of Licences) Regulations 2019 and that they come into operation on 10 June 2019. For practitioners, this is relevant when determining whether a particular notice or proposed modification was governed by these Regulations (as opposed to any earlier procedural framework).
Section 2: Prescribed period to make written representations is the heart of the Regulations. It states that, for the purposes of section 99(12B)(b) of the EPHA, the period of time after the date of service of notice on a licensee within which the licensee may make written representations regarding a proposed modification of any condition of the licence is 14 days.
Practically, this means that once a licensee is served with a notice proposing a modification to licence conditions, the licensee must prepare and submit written representations within a 14-day window counted from the date of service of the notice. The provision is procedural, but it can be decisive: failure to meet the prescribed period may limit the licensee’s ability to influence the regulator’s decision on the modification. For legal counsel, this creates an immediate compliance and litigation-readiness timeline—especially where the modification may affect operational practices, staffing, waste handling, sanitation procedures, or other regulated environmental public health obligations.
Section 3: Meaning of “licence” expands and clarifies the scope of the term “licence” for the Regulations. It provides that, in these Regulations, “licence” includes any approval, permit, permission, authority, authorisation or licence that may be granted or renewed under the EPHA. This broad definition ensures that the procedural representation right is not limited to formal “licences” only, but also covers other regulatory instruments that function similarly in practice.
However, Section 3 also contains a critical carve-out: the definition does not include a cleaning business licence granted or renewed under Part IXA of the EPHA. This exclusion indicates that the modification-and-representation procedure in section 99(12B) (as operationalised by these Regulations) does not apply to cleaning business licences. For practitioners, this is a scope issue that can determine which procedural protections apply, and it may require separate analysis of the EPHA provisions governing cleaning business licences and any other subsidiary regulations or procedural rules that apply to that specific licensing regime.
How Is This Legislation Structured?
The Modification of Licences Regulations are structured as a compact instrument with three sections:
Section 1 sets out the citation and commencement date.
Section 2 prescribes the 14-day period for making written representations after service of a notice proposing modification of licence conditions, for the purposes of section 99(12B)(b) of the EPHA.
Section 3 defines “licence” broadly (including approvals, permits, permissions, authorities, authorisations, and licences) while excluding cleaning business licences under Part IXA.
There are no additional parts or detailed schedules in the extract provided; the Regulations are designed to “plug into” the EPHA’s existing framework by specifying the procedural time limit and clarifying the relevant terminology.
Who Does This Legislation Apply To?
The Regulations apply to licensees under the EPHA who receive a notice proposing a modification of any condition of their licence. The term “licence” is defined broadly to include approvals, permits, permissions, authorities, and authorisations granted or renewed under the EPHA. Accordingly, the procedural right to make written representations within 14 days is intended to cover a wide range of regulatory instruments, not merely traditional licences.
That said, the Regulations do not apply to cleaning business licences granted or renewed under Part IXA of the EPHA. Therefore, for operators holding cleaning business licences, counsel must look to the specific EPHA provisions and any applicable subsidiary regulations governing modifications to conditions for that licensing category. The exclusion is legally meaningful: it prevents the 14-day representation mechanism in section 99(12B)(b) from being imported into the cleaning business licensing regime.
Why Is This Legislation Important?
Although the Modification of Licences Regulations are brief, they have real operational and legal consequences. First, they establish a clear procedural deadline—14 days from service of notice—for written representations. In administrative and regulatory practice, deadlines shape strategy: counsel must quickly assess the proposed modification, gather technical and factual material, and draft representations that are responsive to the regulator’s concerns.
Second, the Regulations enhance predictability by defining “licence” broadly. This reduces arguments about whether a particular regulatory instrument qualifies for the representation process. For regulated entities, it supports the expectation that procedural fairness mechanisms apply to the full range of EPHA-granted permissions and authorisations that function as licences in substance.
Third, the carve-out for cleaning business licences highlights the importance of regime-specific statutory interpretation. Practitioners should not assume that procedural protections applicable to one licensing category automatically extend to another. Where a client holds a cleaning business licence, the exclusion means that the 14-day representation right under section 99(12B)(b) (as implemented by these Regulations) may not be available, and the client’s rights and obligations must be analysed under the correct statutory pathway.
From an enforcement perspective, the Regulations also support administrative efficiency. NEA can proceed with proposed modifications after the representation window closes, subject to the EPHA’s substantive decision-making requirements. For licensees, the Regulations therefore create a time-sensitive opportunity to influence outcomes before conditions are changed.
Related Legislation
- Environmental Public Health Act (Chapter 95) — in particular section 99(12B)(b) (written representations on proposed modification of licence conditions) and section 111(1) (making of subsidiary legislation)
- Environmental Public Health Act — Part IXA (cleaning business licences; relevant to the exclusion in Section 3 of the Regulations)
Source Documents
This article provides an overview of the Environmental Public Health (Modification of Licences) Regulations 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.