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2003 No. 46

ENVIRONMENTAL PROTECTION

The Pollution Prevention and Control Regulations (Northern Ireland) 2003

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000[1].

  Made 31 January 2003 
  Coming into operation 31 March 2003 


ARRANGEMENT OF REGULATIONS


PART 1

GENERAL
1. Citation and commencement
2. Interpretation: general
3. Interpretation: "best available techniques"
4. Fit and proper person
5. Application to the Crown
6. Applications
7. Discharge and scope of functions
8. Appointment of chief inspector and other inspectors

PART 2

PERMITS
9. Requirement for permit to operate installation and mobile plant
10. Permits: general provisions
11. Conditions of permits: general principles
12. Conditions of permits: specific requirements
13. Conditions of permits: Department's notice in relation to emissions into water
14. General binding rules
15. Review of conditions of permits
16. Proposed change in the operation of an installation
17. Variation of conditions of permits
18. Transfer of permits
19. Application to surrender a permit for a Part A installation or Part A mobile plant
20. Notification of surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant
21. Revocation of permits
22. Fees and charges in relation to permits

PART 3

ENFORCEMENT
23. Duty of the enforcing authority to ensure compliance with conditions
24. Enforcement notices
25. Suspension notices
26. Power of the enforcing authority to prevent or remedy pollution
27. Powers of inspectors and others

PART 4

APPEALS
28. Appeals from decisions with respect to permits

PART 5

INFORMATION AND PUBLICITY
29. Information
30. Public registers of information
31. Exclusion from registers of information affecting national security
32. Exclusion from registers of certain confidential information

PART 6

PROVISION AS TO OFFENCES
33. Offences
34. Enforcement by High Court
35. Admissibility of evidence
36. Power of court to order cause of offence to be remedied

PART 7

THE DEPARTMENT'S POWERS
37. Directions to enforcing authorities
38. Guidance to enforcing authorities
39. Plans relating to emissions

PART 8

MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS
40. Disclosure of information
41. Consequential amendments

SCHEDULES

  Schedule 1 Activities, installations and mobile plant

  Schedule 2 Best available techniques

  Schedule 3 Prescribed date and transitional arrangements

  Schedule 4 Grant of permits

  Schedule 5 Pollutants

  Schedule 6 Compensation in relation to off-site conditions

  Schedule 7 Variation of conditions

  Schedule 8 Supplemental provisions with respect to powers of entry

  Schedule 9 Appeals from decisions with respect to permits

  Schedule 10 Registers

  Schedule 11 Consequential amendments

The Department of the Environment, in exercise of the powers conferred upon it by Article 4 of the Environment (Northern Ireland) Order 2002[
2] ("the 2002 Order"), and of all other powers enabling it in that behalf and having, in accordance with Article 4(4) of the 2002 Order, consulted district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it considers appropriate, such bodies and persons appearing to it to be representative of the interests of industry, agriculture and business as it considers appropriate and such other bodies or persons as it considers appropriate, hereby makes the following Regulations[3]:



PART 1

GENERAL

Citation and commencement
     1. These Regulations may be cited as the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and shall come into operation on 31 March 2003.

Interpretation: general
    
2.  - (1) The Interpretation Act (Northern Ireland)[4] 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

    (2) In these Regulations, except in so far as the context otherwise requires - 

    (3) For the purposes of these Regulations-

    (4) In these Regulations-

    (5) Part 1 of Schedule 1 shall be interpreted in accordance with the provisions as to interpretation in Parts 1 and 2 of that Schedule.

Interpretation: "best available techniques"
     3.  - (1) For the purpose of these Regulations, "best available techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole; and for the purpose of this definition-

    (2) Schedule 2 shall have effect in relation to the determination of best available techniques.

Fit and proper person
    
4.  - (1) This regulation applies for the purpose of the discharge of any function under these Regulations which requires the chief inspector to determine whether a person is or is not a fit and proper person to carry out a specified waste management activity.

    (2) Whether a person is or is not a fit and proper person to carry out a specified waste management activity shall be determined by reference to the fulfilment of the conditions of the permit which apply or will apply to the carrying out of that activity.

    (3) Subject to paragraph (4), a person shall be treated as not being a fit and proper person if it appears to the chief inspector that-

    (4) The chief inspector may, if he considers it proper to do so in any particular case, treat a person as a fit and proper person notwithstanding that paragraph (3)(a) applies in his case.

    (5) For the purposes of paragraph (3), "relevant offence" means an offence under any of the following enactments-

    (6) In paragraph (3)(a), "another relevant person" means, in relation to the holder or proposed holder of a permit-

Application to the Crown
     5.  - (1) Subject to the provisions of this regulation, these Regulations bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

    (2) No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable under regulation 33 and no proceedings may be taken against the Crown under regulation 34 but the High Court may, on the application of the enforcing authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

    (3) Notwithstanding anything in paragraph (2), the provisions of these Regulations shall apply to persons in the public service of the Crown as they apply to other persons.

    (4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any specified powers of entry exercisable under regulation 27, that it is requisite or expedient that, in the interests of national security, the powers of entry should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this paragraph "specified" means specified in the certificate and "Crown premises" means premises held or used by or on behalf of the Crown.

    (5) Any reference to the Crown in this regulation includes the Crown in right of Her Majesty's Government in the United Kingdom.

Applications
    
6.  - (1) An enforcing authority may require any application or type of application made to it under any provision of these Regulations to be made on a form made available by the enforcing authority.

    (2) A form made available by an enforcing authority under paragraph (1) shall specify the information required by the enforcing authority to determine the application, which shall include any information required to be contained in the application by the provision of these Regulations under which the application is made.

    (3) Where an enforcing authority makes available a form under paragraph (1) in relation to the making of applications to it under a provision of these Regulations any application made to it under that provision shall be made on that form.

    (4) Any application made under these Regulations may, with the agreement of the enforcing authority, be sent to the enforcing authority electronically.

    (5) Where an application which is required to be accompanied by a fee, map or plan is sent electronically, the fee, map or plan may be sent to the enforcing authority separately from the application but the application shall not be treated as having been received by the enforcing authority until the fee, map or plan has also been received.

    (6) An application made under these Regulations may be withdrawn at any time before it is determined.

Discharge and scope of functions
    
7.  - (1) This regulation determines the authority by whom the functions conferred or imposed by these Regulations on an enforcing authority are exercisable and the purposes for which they are exercisable.

    (2) Those functions, in their application to a Part A installation or Part A mobile plant, shall be functions of the chief inspector and shall be exercisable for the purpose of achieving a high level of protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land.

    (3) Those functions, in their application to a Part B installation or Part B mobile plant, shall be functions of the chief inspector and shall be exercisable for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

    (4) Those functions, in their application to a Part C installation, shall be functions of the district council in whose district the installation is (or will be) situated and shall be exercisable for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

    (5) Those functions, in their application to a Part C mobile plant, shall be functions of-

and shall be exercisable for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

    (6) The Department may, as respects functions under these Regulations exercisable by a district council specified in the direction, direct that those functions shall be exercised instead by the chief inspector while the direction remains in force or during a period specified in the direction.

    (7) A transfer of functions under paragraph (6) to the chief inspector relating to Part C installations or Part C mobile plant does not make them exercisable by the chief inspector for any other purpose than that mentioned in paragraphs (4) and (5).

    (8) The Department may, as respects functions under these Regulations exercisable by the chief inspector in respect of Part B installations specified in the direction, direct that those functions shall be exercised instead by a district council while the direction remains in force or during a period specified in the direction.

    (9) A direction under paragraph (6) may transfer functions exercisable by a district council in relation to all or any description of installations or mobile plant (a "general direction") or in relation to a specific installation or mobile plant specified in the direction (a "specific direction") but a direction under paragraph (8) may only be a specific direction.

    (10) A direction under paragraph (6) or (8) may include such saving and transitional provisions as the Department considers necessary or expedient.

    (11) The Department, on giving or withdrawing a general direction under paragraph (6), shall-

and any such notice shall specify the date on which the direction is to take (or took) effect and (where appropriate) its duration.

    (12) The Department, on giving or withdrawing a specific direction under paragraph (6) or (8), shall-

and any such notice shall specify the date on which the direction is to take (or took) effect and (where appropriate) its duration.

    (13) The requirements of sub-paragraph (b) of paragraph (11), or, as the case may be, sub-paragraph (b) of paragraph (12) shall not apply in any case where, in the opinion of the Secretary of State, the publication of the notice in accordance with that sub-paragraph would be contrary to the interests of national security.

    (14) It shall be the duty of enforcing authorities to follow developments in best available techniques.

Appointment of chief inspector and other inspectors
    
8.  - (1) The Department may appoint as inspectors (under whatever title the Department may determine) such persons having suitable qualifications as the Department thinks necessary for carrying these Regulations into effect, and may terminate any appointment made under this paragraph.

    (2) The Department may make to, or in respect of, any person so appointed such payments by way of remuneration, allowances or otherwise as the Department may determine.

    (3) The Department shall constitute one of the inspectors appointed under paragraph (1) to be the chief inspector.

    (4) The functions conferred or imposed by or under these Regulations on the chief inspector as the enforcing authority may, to any extent, be delegated by him to any other inspector appointed under paragraph (1).

    (5) A district council may appoint as inspectors (under whatever title the council may determine) such persons having suitable qualifications as the council thinks necessary for carrying these Regulations into effect in the council's district, and may terminate any appointment made under this paragraph.

    (6) An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under Regulation 26 or 27 if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.



PART 2

PERMITS

Requirement for permit to operate installation and mobile plant
    
9.  - (1) No person shall operate an installation or mobile plant after the prescribed date for that installation or mobile plant except under and to the extent authorised by a permit granted by the enforcing authority.

    (2) In paragraph (1), the "prescribed date" means the appropriate date set out in or determined in accordance with Schedule 3.

Permits: general provisions
    
10.  - (1) An application for a permit to operate an installation or mobile plant shall be made to the enforcing authority in accordance with paragraphs 1 to 3 of Part 1 of Schedule 4 and shall be accompanied by any fee prescribed in respect of the application under regulation 22.

    (2) Subject to paragraphs (3) and (4), where an application is duly made to the enforcing authority the enforcing authority shall either grant the permit subject to the conditions required or authorised to be imposed by regulation 12 or refuse the permit.

    (3) A permit shall not be granted if the enforcing authority considers that the applicant will not be the person who will have control over the operation of the installation or mobile plant concerned after the grant of the permit or will not ensure that the installation or mobile plant is operated so as to comply with the conditions which would be included in the permit.

    (4) In the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation or by means of mobile plant, the permit shall not be granted unless-

    (5) A permit may authorise the operation of-

but may not otherwise authorise the operation of more than one installation or mobile plant.

    (6) A permit authorising the operation of a Part A mobile plant may only authorise the operation of that plant on a site specified in the permit and only one site may be specified in each such permit (accordingly, the operation of the plant on a different site shall require a distinct permit).

    (7) A permit authorising the operation of an installation or Part A mobile plant shall include a map or plan showing the site of the installation or mobile plant covered by the permit and, in the case of an installation, the location of the installation on that site.

    (8) A permit shall be transferred only in accordance with regulation 18 and shall cease to have effect only in accordance with regulation 19 or 20 (surrender) or regulation 21 (revocation) or paragraph (9) (consolidation).

    (9) Where-

the enforcing authority may replace the permit or permits, as the case may be, with a consolidated permit applying to the same installations or mobile plant and subject to the same conditions as the permit or permits being replaced.

    (10) Paragraphs 4 to 8 of Part 1 of Schedule 4 shall have effect with respect to applications made under paragraph (1).

    (11) Part 2 of Schedule 4 shall have effect in relation to the determination of applications for permits.

    (12) Parts 1 and 2 of Schedule 4 shall have effect subject to Part 3 of that Schedule (national security and confidential information).

    (13) This regulation is subject to paragraphs 5 and 9 of Schedule 3 (applications for a permit to operate existing installations or mobile plant, as defined in that Schedule).

Conditions of permits: general principles
    
11.  - (1) When determining the conditions of a permit, the enforcing authority shall take account of the general principles set out in paragraph (2) and, in the case of a permit authorising the operation of a Part A installation or Part A mobile plant, the additional general principles set out in paragraph (3).

    (2) The general principles referred to in paragraph (1) are that installations and mobile plant should be operated in such a way that-

    (3) The additional general principles referred to in paragraph (1) in relation to a permit authorising the operation of a Part A installation or a Part A mobile plant are that the installation or mobile plant should be operated in such a way that-

and that, upon the definitive cessation of activities, the necessary measures should be taken to avoid any pollution risk and to return the site of the installation or mobile plant to a satisfactory state.

Conditions of permits: specific requirements
     12.  - (1) Subject to paragraphs (15) and (16) and regulations 13 and 14, there shall be included in a permit-

    (2) Subject to paragraph (8), a permit shall include emission limit values for pollutants, in particular those listed in Schedule 5, likely to be emitted from the installation or mobile plant in significant quantities, having regard to their nature and, in the case of emissions from a Part A installation or a Part A mobile plant, their potential to transfer pollution from one environmental medium to another.

    (3) Where appropriate, the emission limit values required by paragraph (2) may apply to groups of pollutants rather than to individual pollutants.

    (4) The emission limit values required by paragraph (2) shall normally apply at the point at which the emissions leave the installation or mobile plant, any dilution being disregarded when determining them.

    (5) The effect of a waste water treatment plant may be taken into account when determining the emission limit values applying in relation to indirect releases into water from a Part A installation or Part A mobile plant provided that an equivalent level of protection of the environment as a whole is guaranteed and taking such treatment into account does not lead to higher levels of pollution.

    (6) Subject to paragraph (7), the emission limit values required by paragraph (2) shall be based on the best available techniques for the description of installation or mobile plant concerned but shall take account of the technical characteristics of the particular installation or mobile plant being permitted, and, in the case of an installation or Part A mobile plant, its geographical location and the local environmental conditions.

    (7) Where an environmental quality standard requires stricter emission limit values than those that would be imposed pursuant to paragraph (6), paragraph (2) shall require those stricter emission limit values; and for the purpose of this paragraph "environmental quality standard" means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Community legislation[
25].

    (8) Where appropriate, the emission limit values required by paragraph (2) may be supplemented or replaced by equivalent parameters or technical measures.

    (9) A permit authorising the operation of a Part A installation or Part A mobile plant shall also include conditions-

    (10) Subject to paragraph (11), there is implied in every permit a condition that, in operating the installation or mobile plant, the operator shall use the best available techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant.

    (11) The obligation implied by virtue of paragraph (10) shall not apply in relation to any aspect of the operation of the installation or mobile plant in question which is regulated by a condition imposed under any other paragraph of this regulation.

    (12) A permit authorising the operation of an installation or Part A mobile plant may include a condition (an "off-site condition") requiring an operator to carry out works or do other things in relation to land not forming part of the site of the installation or mobile plant notwithstanding that he is not entitled to carry out the works or do the things, and any person whose consent would be required shall grant, or join in granting, the operator such rights in relation to that land as will enable the operator to comply with any requirements imposed on him by the permit.

    (13) Schedule 6 shall have effect in relation to compensation where rights are granted pursuant to paragraph (12).

    (14) A permit may, without prejudice to the generality of the previous provisions of this regulation, include conditions-

    (15) The Department may give directions to enforcing authorities-

and the enforcing authorities shall include in such permits such conditions as are specified or required to comply with such directions.

    (16) Guidance issued by the Department under regulation 38 may sanction reliance by an enforcing authority on any arrangements referred to in the guidance to operate to secure a particular result as an alternative to including a condition in the permit pursuant to this regulation.

    (17) Where a Part B mobile plant or Part C mobile plant authorised by a permit is used to carry out an activity on the site of an installation which is authorised by a separate permit, then if different requirements are imposed in the permits as respect the carrying out of the activity the requirements in the permit authorising the operation of the installation shall prevail in the event of any inconsistency.

Conditions of permits: Department's notice in relation to emissions into water
     13.  - (1) In the case of a Part A installation or Part A mobile plant the Department may, at any time, give notice to the chief inspector specifying the emission limit values or conditions (not containing emission limit values) which it considers are appropriate in relation to preventing or reducing emissions into water.

    (2) Where a notice under paragraph (1) specifies emission limit values, the emission limit values required by paragraph (2) of regulation 12 in relation to emissions into water from the installation or mobile plant concerned shall be those specified in that notice or such stricter emission limit values as may be determined by the chief inspector in accordance with paragraph (6) of that regulation or required by paragraph (7) of that regulation.

    (3) Where a notice under paragraph (1) specifies conditions in relation to emissions into water from an installation or mobile plant, the permit authorising the operation of that installation or mobile plant shall include those conditions or any more onerous conditions dealing with the same matters as the chief inspector considers to be appropriate.

General binding rules
    
14.  - (1) Subject to paragraph (2), the Department may make rules ("general binding rules") containing requirements applying to certain types of installation or mobile plant.

    (2) The Department shall only make general binding rules under this regulation applying to Part A installations or Part A mobile plant if it is satisfied that the operation of such installations or mobile plant under the rules will result in the same high level of environmental protection and integrated prevention and control of pollution as would result from the operation of the installations or mobile plant under the conditions that would be included in the permits for those installations or mobile plant pursuant to regulation 12 if the rules did not apply.

    (3) Where the Department makes general binding rules an enforcing authority may, at the request of the operator, include in a permit authorising the operation of an installation or mobile plant covered by the rules a condition (a "general binding rules condition") providing that the aspects of the operation of the installation or mobile plant covered by the requirements in the rules shall be subject to those requirements instead of to conditions included in the permit pursuant to regulation 12.

    (4) Where a permit includes a general binding rules condition the requirements in the general binding rules shall be treated as if they were conditions of the permit for the purpose of regulations 23, 24 and 33(1)(b).

    (5) The Department may vary general binding rules by means of a notice of variation specifying the variations and the date on which the variations are to take effect, which shall be not less than 3 months after the date on which notice of the variation is given in the Belfast Gazette pursuant to paragraph (9)(c).

    (6) The Department may revoke general binding rules by means of a notice of revocation.

    (7) Where aspects of the operation of an installation or mobile plant are covered by the requirements in general binding rules which are revoked, the enforcing authority shall vary the permit authorising the operation of the installation or mobile plant under regulation 17 to delete the general binding rules condition and to insert the conditions that will be required by regulations 11 and 12 when the requirements in the general binding rules no longer apply.

    (8) Where the Department revokes general binding rules the requirements in the general binding rules shall continue to be treated under paragraph (4) as if they were conditions of a permit until the variations of the permit required by paragraph (7) take effect.

    (9) Where the Department makes, varies or revokes general binding rules it shall-

Review of conditions of permits
    
15.  - (1) Enforcing authorities shall periodically review the conditions of permits and may do so at any time.

    (2) Without prejudice to paragraph (1), a review of a permit under this regulation shall be carried out where-

Proposed change in the operation of an installation
    
16.  - (1) Subject to paragraph (4), where an operator of an installation which is permitted under these Regulations proposes to make a change in the operation of that installation he shall, at least 14 days before making the change, notify the enforcing authority.

    (2) A notification under paragraph (1) shall be in writing and shall contain a description of the proposed change in the operation of the installation.

    (3) An enforcing authority shall, by notice in writing served on the operator, acknowledge receipt of any notification received under paragraph (1).

    (4) Paragraph (1) shall not apply where the operator applies under regulation 17(2) for the variation of the conditions of his permit before making the proposed change and the application contains a description of the change.

Variation of conditions of permits
    
17.  - (1) The enforcing authority may at any time vary the conditions of a permit and shall do so if it appears to the enforcing authority at that time, whether as a result of a review under regulation 15, a notification under regulation 13 or 16 or otherwise, that regulations 11 and 12 require conditions to be included which are different from the subsisting conditions.

    (2) An operator of an installation or mobile plant which is permitted under these Regulations may apply to the enforcing authority for the variation of the conditions of his permit.

    (3) An application under paragraph (2) shall be made in accordance with paragraph 1 of Part 1 of Schedule 7 and shall be accompanied by any fee prescribed in respect of the application under regulation 22; and paragraphs 2 and 3 of Part 1 of Schedule 7 shall have effect with respect to such applications.

    (4) Where an application is duly made to the enforcing authority under paragraph (2), the enforcing authority shall determine, in accordance with regulations 11 and 12, whether to vary the conditions of the permit.

    (5) Where the enforcing authority decides to vary the conditions of the permit, whether on an application under paragraph (2) or otherwise, it shall serve a notice in writing on the operator (a "variation notice") specifying the variations of the conditions of the permit and the date or dates on which the variations are to take effect and, unless the notice is withdrawn, the variations specified in the notice shall take effect on the date or dates so specified.

    (6) A variation notice served under paragraph (5) shall, unless served for the purpose of determining an application under paragraph (2), require the operator to pay, within such period as may be specified in the notice, any fee prescribed in respect of the variation notice under regulation 22.

    (7) Where the enforcing authority decides on an application under paragraph (2) not to vary the conditions of the permit, it shall give notice of its decision to the operator in writing.

    (8) Part 2 of Schedule 7 shall have effect in relation to the determination of applications under paragraph (2) and the issuing of variation notices.

    (9) Parts 1 and 2 of Schedule 7 shall have effect subject to Part 3 of that Schedule (national security and confidential information).

    (10) This regulation and Schedule 7 apply to the variation of any provision other than a condition which is contained in a permit as they apply to the variation of a condition.

Transfer of permits
    
18.  - (1) Where the operator of an installation or mobile plant wishes to transfer, in whole or in part, his permit to another person ("the proposed transferee") the operator and the proposed transferee shall jointly make an application to the enforcing authority to effect the transfer.

    (2) An application under paragraph (1) shall be accompanied by the permit and any fee prescribed in respect of the transfer under regulation 22 and shall contain-

    (3) Where the operator wishes to retain part of his permit (a "partial transfer"), an application under paragraph (1) shall-

    (4) Subject to paragraph (5), the enforcing authority shall effect the transfer unless the enforcing authority considers that the proposed transferee will not be the person who will have control over the operation of the installation or mobile plant covered by the transfer after the transfer is effected or will not ensure compliance with the conditions of the transferred permit.

    (5) In the case of an application to effect the transfer of a permit or part of a permit which authorises the carrying out of a specified waste management activity, the chief inspector shall only effect the transfer if the chief inspector is satisfied that the proposed transferee is a fit and proper person to carry out that activity.

    (6) The enforcing authority shall effect a transfer under this regulation by-

and the transfer shall take effect from such date as may be agreed with the applicants and specified in the endorsement and, in the case of a partial transfer, the new permit.

    (7) In the case of a partial transfer effected under this regulation, the conditions included in the new permit and original permit after the transfer shall be the same as the conditions included in the original permit immediately before the transfer in so far as they are relevant to any installation, site and mobile plant covered by the new permit or the original permit, as the case may be, but subject to such variations as, in the opinion of the enforcing authority, are necessary to take account of the transfer.

    (8) If within the period of two months beginning with the date on which the enforcing authority receives an application under paragraph (1), or within such longer period as the enforcing authority and the applicants may agree in writing, the enforcing authority has neither effected the transfer nor given notice in writing to the applicants that it has rejected the application, the application shall, if the applicants notify the enforcing authority in writing that they treat the failure as such, be deemed to have been refused at the end of that period or that longer period, as the case may be.

    (9) The enforcing authority may, by notice in writing, require the operator or the proposed transferee to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining an application under this regulation.

    (10) Where a notice is served on an operator or proposed transferee under paragraph (9)-

Application to surrender a permit for a Part A installation or Part A mobile plant
    
19.  - (1) This regulation applies where an operator of a Part A installation or Part A mobile plant ceases or intends to cease operating the installation (in whole or in part) or the mobile plant.

    (2) Where this regulation applies, the operator may-

    (3) An application under paragraph (2) shall be accompanied by any fee prescribed in respect of the application under regulation 22, and shall contain the following information-

    (4) If the chief inspector is satisfied, in relation to the report site, that such steps (if any) as are appropriate to avoid any pollution risk resulting from the operation of the Part A installation or Part A mobile plant and to return the site to a satisfactory state have been taken by the operator, he shall accept the surrender and give the operator notice in writing of his determination and the permit shall cease to have effect or, in the case of partial surrender, shall cease to have effect to the extent surrendered, on the date specified in the notice of determination.

    (5) If, in the case of a partial surrender, the chief inspector is of the opinion that it is necessary to vary the conditions included in the permit to take account of the surrender, the chief inspector shall specify the necessary variations in the notice of determination given under paragraph (4) and the variations specified in the notice shall take effect on the date specified in the notice.

    (6) If the chief inspector is not satisfied as mentioned in paragraph (4) he shall give to the operator notice in writing of his determination stating that the application has been refused.

    (7) The chief inspector shall give notice in writing of his determination of an application under this regulation within the period of three months beginning with the date on which the chief inspector receives the application or within such longer period as the chief inspector and the operator may agree in writing.

    (8) If the chief inspector fails to give notice in writing of his determination accepting the surrender or refusing the application within the period allowed by or under paragraph (7) the application shall, if the operator notifies the chief inspector in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

    (9) The chief inspector may, by notice in writing to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the chief inspector may require for the purpose of determining an application under this regulation.

    (10) Where a notice is served on an operator under paragraph (9)-

    (11) For the purpose of deciding whether a pollution risk results from the operation of a Part A installation or Part A mobile plant for the purpose of this regulation-

    (12) The relevant date for a specified waste management activity for the purpose of paragraph (11)(a) is-

    (13) In paragraph (12)(a) "disposal licence" has the same meaning as in Article 5(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978.

Notification of surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant
    
20.  - (1) This regulation applies where an operator of a Part B or Part C installation or Part B or Part C mobile plant ceases or intends to cease operating the installation (in whole or in part) or the mobile plant.

    (2) Where this regulation applies, the operator may-

    (3) A notification under paragraph (2) shall contain the following information-

    (4) Subject to paragraph (5), where a surrender is notified under this regulation the permit shall cease to have effect on the date specified in the notification or, in the case of partial surrender, shall cease to have effect on that date to the extent surrendered.

    (5) If, in the case of a partial surrender, the enforcing authority is of the opinion that it is necessary to vary the conditions of the permit to take account of the surrender, the enforcing authority shall-

and the permit shall cease to have effect to the extent surrendered on the date on which the variations specified in the variation notice take effect if that date is after the date specified in the notification of the surrender.

Revocation of permits
    
21.  - (1) The enforcing authority may at any time revoke a permit, in whole or in part, by serving a notice in writing ("a revocation notice") on the operator.

    (2) Without prejudice to the generality of paragraph (1), the enforcing authority may serve a notice under this regulation in relation to a permit where-

    (3) A revocation notice may-

    (4) A revocation notice shall specify-

    (5) If, in the case of a revocation mentioned in sub-paragraph (a) or (b) of paragraph (3) applying to a Part A installation or Part A mobile plant, the chief inspector considers that it is appropriate to require the operator to take steps, once the installation or mobile plant is no longer in operation, to-

the revocation notice shall specify that this is the case and, in so far as those steps are not already required to be taken by the conditions of the permit, the steps to be taken.

    (6) Subject to paragraph (7) and regulation 28(6), a permit shall cease to have effect, or, in the case of a partial revocation, shall cease to have effect to the extent specified in the revocation notice, from the date specified in the notice.

    (7) Where paragraph (5) applies the permit shall cease to have effect to authorise the operation of the Part A installation or Part A mobile plant from the date specified in the revocation notice but shall continue to have effect in so far as the permit requires steps to be taken once it is no longer in operation until the chief inspector issues a certificate stating that he is satisfied that all such steps have been taken.

    (8) Where a permit continues to have effect as mentioned in paragraph (7), any steps specified in a revocation notice pursuant to paragraph (5) shall be treated as if they were required to be taken by a condition of the permit and regulations 17, 23, 24 and 33(1)(b) shall apply in relation to the requirement to take such steps, and to any other conditions in the permit which require steps to be taken once the installation is no longer in operation, until the chief inspector issues a certificate as mentioned in paragraph (7).

    (9) An enforcing authority which has served a revocation notice may, before the date on which the revocation takes effect, withdraw the notice.

    (10) Regulation 19(11) shall apply for the purpose of deciding whether a pollution risk results from the operation of a Part A installation or Part A mobile plant for the purpose of this regulation as it applies for the purpose of regulation 19.

Fees and charges in relation to permits
    
22.  - (1) There shall be charged by and paid to the enforcing authority such fees and charges as may be prescribed by a scheme under paragraph (2) (whether by being specified in or made calculable under the scheme).

    (2) The Department may make and from time to time revise a scheme prescribing-

    (3) The Department shall, on making or revising a scheme under paragraph (2), lay a copy of the scheme or of the revisions made to the scheme or, if it considers it more appropriate, the scheme as revised, before the Assembly.

    (4) The Department may make separate schemes for fees and charges payable to the chief inspector and fees and charges payable to district councils under these Regulations.

    (5) A scheme under paragraph (2) may, in particular-

    (6) The Department, in framing a scheme under paragraph (2), shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover the expenditure incurred by-

    (7) A scheme under paragraph (2) may provide that to the extent that the sums paid to a district council under the scheme relate to the expenditure incurred by the Department in preparing guidance in relation to the authorisation of installations and plant covered by district council permits those sums shall be paid by the district council to the Department.

    (8) If it appears to the enforcing authority that the holder of a permit has failed to pay a charge due in consideration of the subsistence of the permit, it may revoke the permit under regulation 21.

    (9) Any fees and charges received by the chief inspector under this regulation shall be paid into the Consolidated Fund.

    (10) In this regulation, "district council permit" means a permit applying to installations or mobile plant in relation to which a district council exercises functions under these Regulations.



PART 3

ENFORCEMENT

Duty of the enforcing authority to ensure compliance with conditions
    
23. While a permit is in force it shall be the duty of the enforcing authority to take such action under these Regulations as may be necessary for the purpose of ensuring that the conditions of the permit are complied with.

Enforcement notices
    
24.  - (1) If the enforcing authority is of the opinion that an operator has contravened, is contravening or is likely to contravene any condition of his permit, the enforcing authority may serve on him a notice (an "enforcement notice").

    (2) An enforcement notice shall-

    (3) The steps that may be specified in an enforcement notice as steps that must be taken to remedy the contravention of any condition of a permit may include both steps that must be taken to make the operation of the installation or mobile plant comply with the conditions of the permit and steps that must be taken to remedy the effects of any pollution caused by the contravention.

    (4) The enforcing authority may withdraw an enforcement notice at any time.

Suspension notices
    
25.  - (1) If the enforcing authority is of the opinion, as respects an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, it shall, unless it intends to arrange for steps to be taken under regulation 26(1) in relation to the risk, serve a notice under this regulation (a "suspension notice") on the operator of the installation or mobile plant.

    (2) Paragraph (1) applies whether or not the particular manner of operating the installation or mobile plant in question is regulated by or contravenes a condition of the permit.

    (3) If the chief inspector is of the opinion, as respects the carrying out of specified waste management activities under a permit, that the operator carrying out the activities has ceased to be a fit and proper person in relation to those activities by reason of their management having ceased to be in the hands of a technically competent person, he may serve a suspension notice on that operator.

    (4) A suspension notice shall-

    (5) Where a suspension notice is served under this regulation the permit shall, on the service of the notice, cease to have effect as stated in the notice.

    (6) The enforcing authority may withdraw a suspension notice at any time and shall withdraw a notice when it is satisfied-

Power of the enforcing authority to prevent or remedy pollution
    
26.  - (1) If the enforcing authority is of the opinion, as respects the operation of an installation or mobile plant authorised under these Regulations, that the operation of the installation or mobile plant, or the operation of it in a particular manner, involves an imminent risk of serious pollution, the enforcing authority may arrange for steps to be taken to remove that risk.

    (2) Where the commission of an offence under regulation 33(1)(a), (b) or (d) causes any pollution the enforcing authority may arrange for steps to be taken towards remedying the effects of the pollution.

    (3) An enforcing authority which intends to arrange for steps to be taken under paragraph (2) shall, at least seven days before the steps are taken, notify the operator in writing of the steps that are to be taken.

    (4) Subject to paragraph (5), where an enforcing authority arranges for steps to be taken under this regulation it may recover the cost of taking those steps from the operator concerned.

    (5) No costs shall be recoverable under paragraph (4) where the enforcing authority arranges for steps to be taken under paragraph (1) if the operator shows that there was no imminent risk of serious pollution requiring any such steps to be taken and no other costs shall be recoverable which the operator shows to have been unnecessarily incurred by the enforcing authority.

Powers of inspectors and others
    
27.  - (1) An inspector may, on production (if so required) of his authority, exercise any of the powers in paragraph (3) for the purpose of-

    (2) Those powers, so far as exercisable in relation to premises, are exercisable in relation-

    (3) The powers of the inspector are-

    (4) The powers which under paragraphs (1) and (3) are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control statutory provisions in the case of that enforcing authority is being, or has been, complied with shall include power, in order to obtain the information on which that determination may be made-

    (5) Except in an emergency, in any case where it is proposed to take heavy equipment on to any premises which are to be entered, any entry by virtue of this regulation shall only be effected-

    (6) Except in an emergency, where an inspector proposes to enter any premises and-

any entry on those premises by virtue of this regulation shall only be effected under the authority of a warrant by virtue of Schedule 8.

    (7) The Department may by regulations make provisions as to the procedure to be followed in connection with the taking of, and the dealing with, samples under paragraph (3)(f).

    (8) Where an inspector proposes to exercise the power conferred by paragraph (3)(g) in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

    (9) Before exercising the power conferred by paragraph (3)(g) in the case of any article or substance, an inspector shall consult-

as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

    (10) No answer given by a person in pursuance of a requirement imposed under paragraph (3)(i) shall be admissible in evidence against that person in any proceedings.

    (11) Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.

    (12) In this regulation and Schedule 8-

and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;

    (13) Schedule 8 shall have effect with respect to the powers of entry and related powers which are conferred by this regulation.

    (14) This regulation and Schedule 8 apply (with appropriate modifications) in relation to mobile plant as they apply to premises.

    (15) Nothing in section 98 of the Local Government Act (Northern Ireland) 1972 shall apply to functions conferred on a district council under these Regulations.



PART 4

APPEALS

Appeals from decisions with respect to permits
     28.  - (1) Subject to paragraph (3), the following persons, namely-

may appeal against the decision of the enforcing authority to the Planning Appeals Commission.

    (2) Subject to paragraph (3), a person on whom a variation notice is served, other than following an application under regulation 17(2) or on whom a revocation notice, an enforcement notice or a suspension notice is served may appeal against the notice to the Planning Appeals Commission.

    (3) Paragraphs (1) and (2) shall not apply where the decision or notice, as the case may be, implements a direction of the Department given under regulations 12(15) or 37 or paragraph 14(13) of Schedule 4 or 6(13) of Schedule 7, or a determination of an appeal by the Planning Appeals Commission.

    (4) Where an appeal is brought against the decision of an enforcing authority under paragraph (1), the Planning Appeals Commission may allow or dismiss the appeal or may reverse or vary any part of the decision, and any determination of the Planning Appeals Commission on the appeal shall have the like effect as a decision of the enforcing authority.

    (5) On the determination of an appeal under paragraph (2) the Planning Appeals Commission may either quash or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as it may in the circumstances think fit.

    (6) Where an appeal is brought under paragraph (2) against a revocation notice, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.

    (7) Where an appeal is brought under paragraph (1)(c), (d) or (e) in relation to the conditions attached to a permit, the bringing of the appeal shall not have the effect of suspending the operation of the conditions.

    (8) Where an appeal is brought under paragraph (2) against a variation notice, an enforcement notice or a suspension notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.

    (9) Regulations 11 and 12 shall apply where the Planning Appeals Commission, in exercising any of its powers under paragraphs (4) or (5), gives directions as to the conditions to be attached to a permit as they would apply to the enforcing authority when determining the conditions of the permit.

    (10) Schedule 9 shall have effect in relation to the making and determination of appeals under this regulation.



PART 5

INFORMATION AND PUBLICITY

Information
    
29.  - (1) For the purpose of the discharge of its functions under these Regulations, the Department may, by notice in writing served on an enforcing authority, require the enforcing authority to furnish such information about the discharge of its functions as an enforcing authority as it may require.

    (2) For the purposes of the discharge of their functions under these Regulations, the Department or an enforcing authority may, by notice in writing served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

    (3) For the purposes of this regulation, the discharge by the Department of an obligation of the United Kingdom under the Community Treaties or any international agreement relating to the environment shall be treated as a function of the Department under these Regulations and the compilation of an inventory of emissions (whether or not from installations or mobile plant) shall be treated as a function of the chief inspector under these Regulations.

    (4) The information which a person may be required to furnish by a notice served under paragraph (2) includes information on emissions which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to compile for the purpose of complying with the notice.

Public registers of information
    
30.  - (1) Subject to regulations 31 and 32 and to paragraphs 2 to 5 of Schedule 10 it shall be the duty of each enforcing authority, as respects installations or mobile plant for which it is the enforcing authority, to maintain a register containing the particulars described in paragraph 1 of that Schedule.

    (2) Subject to paragraph (3), the register maintained by a district council shall also contain any particulars contained in any register maintained by the chief inspector relating to the operation of an installation or Part A mobile plant in the district of the district council in relation to which the chief inspector has functions under these Regulations.

    (3) The chief inspector shall furnish each district council with the particulars which are necessary to enable it to discharge its duty under paragraph (2).

    (4) Where information of any description is excluded from any register by virtue of regulation 32, a statement shall be entered in the register indicating the existence of information of that description.

    (5) It shall be the duty of each enforcing authority-

    (6) Registers under this regulation may be kept in any form.

Exclusion from registers of information affecting national security
    
31.  - (1) No information shall be included in a register maintained under regulation 30 if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.

    (2) The Secretary of State may, for the purpose of securing the exclusion from registers of information to which paragraph (1) applies, give to enforcing authorities directions-

and no information referred to the Secretary of State in pursuance of sub-paragraph (b) shall be included in any such register until the Secretary of State determines that it should be so included.

    (3) The enforcing authority shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under paragraph (2).

    (4) A person may, as respects any information which appears to him to be information to which paragraph (1) may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so-

Exclusion from registers of certain confidential information
    
32.  - (1) No information relating to the affairs of any individual or business shall be included in a register maintained under regulation 30, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information-

but information is not commercially confidential for the purposes of this regulation unless it is determined under this regulation to be so by the enforcing authority or, on appeal, by the Planning Appeals Commission.

    (2) Where information is furnished to an enforcing authority for the purpose of these Regulations the person furnishing it may apply to the enforcing authority to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person) and the enforcing authority shall determine whether the information is or is not commercially confidential.

    (3) Notice of determination under paragraph (2) shall be given to the applicant in writing within the period of 28 days beginning with the date of the application or within such longer period as may be agreed with the applicant.

    (4) If the enforcing authority fails to give notice of its determination of an application under paragraph (2) within the period allowed by or under paragraph (3), the enforcing authority shall, if the applicant notifies the enforcing authority in writing that he treats the failure as such, be deemed to have determined at the end of that period that the information is not commercially confidential.

    (5) Where it appears to an enforcing authority that any information which has been obtained by the enforcing authority under or by virtue of any provision of these Regulations and which is required to be included in the register unless excluded under this regulation might be commercially confidential, the enforcing authority shall (unless the information is the subject of an application under paragraph (2))-

    (6) Where, under paragraph (2) or (5), an enforcing authority determines that information is not commercially confidential-

    (7) The Department may give to the enforcing authority directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under regulation 30 notwithstanding that the information may be commercially confidential.

    (8) Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this regulation at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded or at the expiry of such shorter period as may be specified in the notice of that determination for the purpose of this paragraph; but the person who furnished it may apply to the enforcing authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the enforcing authority shall determine whether or not that is the case.

    (9) Paragraph (6) shall apply in relation to a determination under paragraph (8) as it applies in relation to a determination under paragraph (2) or (5).

    (10) Information is, for the purposes of any determination under this regulation, commercially confidential, in relation to any individual or other person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or other person.



PART 6

PROVISION AS TO OFFENCES

Offences
    
33.  - (1) It is an offence for a person-

    (2) A person guilty of an offence under sub-paragraph (a), (b), (d) or (k) of paragraph (1) shall be liable-

    (3) A person guilty of an offence under sub-paragraph (c), (g), (h), (i) or (j) of paragraph (1) shall be liable-

    (4) A person guilty of an offence under sub-paragraph (e), (f) or (m) of paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (5) A person guilty of an offence under sub-paragraph (l) of paragraph (1) shall be liable-

    (6) For the purposes of this regulation, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words "the liability of whose members is limited".

    (7) Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (8) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Enforcement by High Court
    
34. If the enforcing authority is of the opinion that proceedings for an offence under regulation 33(1)(d) would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a suspension notice, the enforcing authority may take proceedings in the High Court for the purpose of securing compliance with the notice.

Admissibility of evidence
    
35.  - (1) Information provided or obtained pursuant to or under a condition of a permit (including information so provided or obtained, or recorded, by means of any apparatus) shall be admissible in evidence in any proceedings, whether against the person subject to the condition or any other person.

    (2) For the purposes of paragraph (1), apparatus shall be presumed in any proceedings to register or record accurately, unless the contrary is shown or the permit otherwise provides.

    (3) Where-

that fact shall be admissible as evidence that that condition has not been observed.

    (4) In this regulation-

Power of court to order cause of offence to be remedied
    
36.  - (1) Where a person is convicted of an offence under regulation 33(1)(a), (b) or (d) in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.

    (2) The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or extended under this paragraph, as the case may be.

    (3) Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under regulation 33 in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).



PART 7

THE DEPARTMENT'S POWERS

Directions to enforcing authorities
    
37.  - (1) The Department may give directions to enforcing authorities of a general or specific character with respect to the carrying out of any of their functions under these Regulations.

    (2) Without prejudice to the generality of the power conferred by paragraph (1), a direction under that paragraph may direct enforcing authorities-

    (3) Where the Department receives information pursuant to Article 17(1) of the Directive in relation to the operation of an installation outside of the United Kingdom which is likely to have a significant negative effect on the environment of Northern Ireland, it shall, for the purpose of complying with Article 17(2) of the Directive, direct the chief inspector to take such steps as it considers appropriate for the purpose of bringing the information to the attention of the persons in Northern Ireland likely to be affected by the operation of the installation and providing them with an opportunity to comment on that information.

    (4) Any direction given under these Regulations shall be in writing and may be varied or revoked by a further direction.

    (5) It shall be a duty of an enforcing authority to comply with any direction which is given to it under these Regulations.

Guidance to enforcing authorities
    
38.  - (1) The Department may issue guidance to enforcing authorities with respect to the carrying out of any of their functions under these Regulations.

    (2) An enforcing authority, in carrying out any of its functions under these Regulations, shall have regard to any guidance issued by the Department under this regulation.

Plans relating to emissions
    
39.  - (1) The Department may make plans for-

    (2) Where the Department allocates a quota in a plan made under paragraph (1) it may also make a scheme for the trading or other transfer of the quota so allocated.

    (3) In this regulation, "emission" means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land.



PART 8

MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

Disclosure of information
    
40.  - (1) Notwithstanding any prohibition or restriction imposed by or under any statutory provision or rule of law, information of any description may be disclosed-

for the purpose of facilitating the carrying out by the Department or by any enforcing authority of any of their functions under these Regulations; and no person shall be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this paragraph.

    (2) Nothing in this regulation shall authorise the disclosure of information, disclosure of which would, in the opinion of the Secretary of State, be contrary to the interests of national security.

    (3) No information disclosed to any person under this regulation shall be disclosed by that person to any other person otherwise than in accordance with the provisions of this regulation, or any other statutory provision which authorises or requires the disclosure, if that information is information-

    (4) Any authorisation by or under this regulation of the disclosure of information by or to any person shall also be taken to authorise the disclosure of that information by or, as the case may be, to any officer of his who is authorised by him to make the disclosure or, as the case may be, to receive the information.

    (5) Information is for the purposes of this regulation commercially confidential in relation to any person if its disclosure would prejudice to an unreasonable degree the commercial interests of that person.

Consequential amendments
    
41. The statutory provisions mentioned in Schedule 11 shall have effect with the amendments there specified (being amendments consequential on provisions of these Regulations).



Sealed with the Official Seal of the Department of the Environment on


31st January 2003

L.S.


J Goldring
A Senior Officer of the Department of the Environment


SCHEDULE 1
Regulation 2


ACTIVITIES, INSTALLATIONS AND MOBILE PLANT




PART 1

ACTIVITIES



CHAPTER 1

ENERGY INDUSTRIES

SECTION 1.1

COMBUSTION ACTIVITIES

Part A


Interpretation of Part A
For the purpose of paragraph (a), where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances shall be treated as a single appliance with a rated thermal input of 50 megawatts or more.

Part B
Nil.

Part C
Unless falling within paragraph (a) of Part A of this Section-

Interpretation of Part C
     1. Nothing in this Part applies to any activity falling within Part A of Section 5.1.

     2. In paragraph (c), "fuel" does not include gas produced by biological degradation of waste.

Interpretation of Section 1.1
For the purpose of this Section-

SECTION 1.2

GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES

Part A


Interpretation of Part A
     1. Paragraph (j) does not include the use of any substance as a fuel or its incineration as a waste or any activity for the treatment of sewage.

     2. In paragraph (j), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.

     3. In this Part, "carbonaceous material" includes such materials as charcoal, coke, peat, rubber and wood.

Part B


Part C


Interpretation of Part C
     1. In this Part-

     2. Any other expressions used in this Part which are also used in Directive 94/63/EC[29]on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations have the same meaning as in that Directive.



CHAPTER 2

PRODUCTION AND PROCESSING OF METALS

SECTION 2.1

FERROUS METALS

Part A


Part B
Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal, unless falling within Part A of this Section.

Part C


Interpretation of Section 2.1
In this Section, "ferrous alloy" means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2.

SECTION 2.2

NON-FERROUS METALS

Part A


Interpretation of Part A
In paragraph (g), "background concentration" means any concentration of cadmium or any compound of cadmium which would be present in the release irrespective of any effect the activity may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of those substances as is present in-

Part B


Part C


Interpretation of Part C
In this Part "net rated thermal input" is the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

Interpretation of Section 2.2
     1. In this Section "non-ferrous metal alloy" means an alloy which is not a ferrous alloy, as defined in Section 2.1.

     2. Nothing in paragraphs (c) to (h) of Part A or in Part B or C of this Section shall be taken to refer to the activities of hand soldering, flow soldering or wave soldering.

SECTION 2.3

SURFACE TREATING METALS AND PLASTIC MATERIALS

Part A


Part B


Part C
Nil



CHAPTER 3

MINERAL INDUSTRIES

SECTION 3.1

PRODUCTION OF CEMENT AND LIME

Part A


Part B


Part C


Part A


Part B


Part C
Nil

Interpretation of Section 3.2
In this Section "asbestos" includes any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

SECTION 3.3

MANUFACTURING GLASS AND GLASS FIBRE

Part A


Part B
Unless falling within Part A of this Section-

Part C
Nil

SECTION 3.4

PRODUCTION OF OTHER MINERAL FIBRES

Part A


Part B
Nil.

Part C
Nil.

SECTION 3.5

OTHER MINERAL ACTIVITIES

Part A


Part B


Part C


Interpretation of Parts B and C
     1. In these Parts-

     2. Nothing in this Part applies to any activity carried out underground.

SECTION 3.6

CERAMIC PRODUCTION

Part A
Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where-

Part B


Part C


Interpretation of Parts B and C
In these Parts-



CHAPTER 4

THE CHEMICAL INDUSTRY

Interpretation of Chapter 4
In Part A of the Sections of this Chapter, "producing" means producing in a chemical plant by chemical processing for commercial purposes substances or groups of substances listed in the relevant sections.

SECTION 4.1

ORGANIC CHEMICALS

Part A


Part B


Part C
Nil

Interpretation of Section 4.1
In this Section, "pre-formulated resin or pre-formulated gel coat" means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

SECTION 4.2

INORGANIC CHEMICALS

Part A


Part B
Nil.

Part C
Nil.

SECTION 4.3

CHEMICAL FERTILISER PRODUCTION

Part A


Part B
Nil.

Part C
Nil.

SECTION 4.4

PLANT HEALTH PRODUCTS AND BIOCIDES

Part A


Part B
Nil.

Part C
Nil.

SECTION 4.5

PHARMACEUTICAL PRODUCTION

Part A


Part B
Nil.

Part C
Nil.

SECTION 4.6

EXPLOSIVES PRODUCTION

Part A


Part B
Nil.

Part C
Nil.

SECTION 4.7

MANUFACTURING ACTIVITIES INVOLVING CARBON DISULPHIDE OR AMMONIA

Part A


Part B
Nil.

Part C
Nil.

SECTION 4.8

THE STORAGE OF CHEMICALS IN BULK

Part A
Nil.

Part B


Part C
Nil



CHAPTER 5

WASTE MANAGEMENT

SECTION 5.1

DISPOSAL OF WASTE BY INCINERATION

Part A


Part B


Part C


Interpretation of Section 5.1
In this Section-

Part A


Part B
Nil

Part C
Nil

SECTION 5.3

DISPOSAL OF WASTE OTHER THAN BY INCINERATION OR LANDFILL

Part A


Interpretation of Part A
     1. In this Part-

     2. Paragraph (b) shall be interpreted in accordance with Article 1 of Council Directive 75/439/EEC.

     3. Nothing in this Part applies to the treatment of waste soil by means of mobile plant.

     4. The reference to a D paragraph number in brackets at the end of paragraphs (c)(i) and (ii) is to the number of the corresponding paragraph in Annex IIA to Council Directive 75/442/EEC on waste (disposal operations).

Part B
Nil.

Part C
Nil.

SECTION 5.4

RECOVERY OF WASTE

Part A


Interpretation of Part A
     1. Nothing in paragraphs (a) and (b) of this Part applies to-

except where the activity involves distilling more than 100 tonnes per day.

     2. Nothing in this Part applies to the treatment of waste soil by means of mobile plant.

     3. The reference to a R paragraph number in brackets at the end of paragraphs (c)(i) to (vii) is to the number of the corresponding paragraph in Annex IIB of Council Directive 75/442/EEC on waste (recovery operations).

Part B
Nil.

Part C
Nil.

SECTION 5.5

THE PRODUCTION OF FUEL FROM WASTE

Part A


Part B
Nil.

Part C
Nil.



CHAPTER 6

OTHER ACTIVITIES

SECTION 6.1

PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES

Part A


Interpretation of Part A
In paragraph (c), "paper pulp" includes pulp made from wood, grass, straw and similar materials and references to the making of paper are to the making of any product using paper pulp.

Part B
Nil.

Part C
Nil.

SECTION 6.2

CARBON ACTIVITIES

Part A


Part B
Nil.

Part C
Nil.

SECTION 6.3

TAR AND BITUMEN ACTIVITIES

Part A


Part B


Interpretation of Part B
In this Part "tar" and "bitumen" include pitch.

Part C
Nil

SECTION 6.4

COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS

Part A


Part B
Unless falling within Part A of this Section or paragraph (g) of Part A of Section 2.1, any activity (other than for the repainting or re-spraying of or of parts of road vehicles), involving-

where the carrying on of the activity may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of-

Part C


Interpretation of Parts B and C
     1. In this Part-

     2. The amount of organic solvents used in an activity shall be calculated as-

Part A
Nil.

Part B


Part C


Interpretation of Parts B and C
     1. In this Part, "coating material" has the same meaning as in Section 6.4.

     2. The amount of organic solvents used in an activity shall be calculated as-

Part A


Part B
Nil.

Part C


Interpretation of Part C
In this Part-

SECTION 6.7

ACTIVITIES INVOLVING RUBBER

Part A


Part B
The curing of foam rubber products where hydrogen sulphide is released.

Part C


Part A


Part B
Unless falling within Part A of this Section, treating feathers by hydrolysis where hydrogen sulphide or other sulphur containing compounds may be released into the air.

Part C


Interpretation of Section 6.8
In this Section-

SECTION 6.9

INTENSIVE FARMING

Part A


Part B
Nil.

Part C
Nil.



PART 2

INTERPRETATION OF PART 1

     1. The following rules apply for the interpretation of Part 1 of this Schedule.

     2.  - (1) Subject to sub-paragraph (2), an activity shall not be taken to be a Part B or Part C activity if it cannot result in the release into the air of a substance listed in paragraph 12 or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

    (2) Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.

     3. An activity shall not be taken to be an activity falling within Part 1 if it is carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school as defined by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986[
41].

     4. The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it shall not be taken to be an activity falling within Part 1.

     5. The running of an engine in order to test it before it is installed or in the course of its development shall not be taken to be an activity falling within Part 1.

     6.  - (1) The use of a fume cupboard shall not be taken to be an activity falling within Part 1 if it is used as a fume cupboard in a laboratory for research or testing and it is not-

    (2) In sub-paragraph (1) "fume cupboard" has the meaning given by the British Standard "Laboratory fume cupboards" published by the British Standards Institution numbered BS7258 : Part I : 1990.

     7. An activity shall not be taken to fall within Part 1 if it is carried out as a domestic activity in connection with a private dwelling.

     8. References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site.

     9.  - (1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A which refers to capacity, other than design holding capacity.

    (2) Where a person carries out several activities falling within the same description in Part A in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit, as the case may be, shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A.

    (3) For the purpose of sub-paragraph (2), no account shall be taken of capacity when determining whether activities fall within the same description.

    (4) Where an activity falls within a description in Part A by virtue of this paragraph it shall not be taken to be an activity falling within a description in Part B or Part C.

     10.  - (1) Where an activity falls within a description in Part A and a description in Part B that activity shall be regarded as falling only within the description in Part A.

    (2) Where an activity falls within a description in Part A and a description in Part C that activity shall be regarded as falling only within the description in Part A.

    (3) Where an activity falls within a description in Part B and a description in Part C, that activity shall be regarded as falling only within that description which fits it most aptly.

     11. In Part 1 of this Schedule-

     12. References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances-

     13. References to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts-

Substance Amount greater than the background quantity (in grammes) in any period of 12 months
Mercury and its compounds 200 (expressed as metal)
Cadmium and its compounds 1,000 (expressed as metal)
All isomers of hexachlorocyclohexane 20
All isomers of DDT 5
Pentachlorophenol and its compounds 350 (expressed as PCP)
Hexachlorobenzene 5
Hexachlorobutadiene 20
Aldrin 2
Dieldrin 2
Endrin 1
Polychlorinated Biphenyls 1
Dichlorvos 0.2
1,2 - Dichloroethane 2,000
All isomers of trichlorobenzene 75
Atrazine 350*
Simazine 350*
Tributyltin compounds 4 (expressed as TBT)
Triphenyltin compounds 4 (expressed as TPT)
Trifluralin 20
Fenitrothion 2
Azinphos-methyl 2
Malathion 2
Endosulfan 0.5

*Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.

     14.  - (1) References to a substance listed in this paragraph are to any of the following substances-

    (2) In sub-paragraph (1), "pesticide" means any chemical substance or preparation prepared or used for destroying any pest, including those used for protecting plants or wood or other plant products from harmful organisms, regulating the growth of plants, giving protection against harmful creatures, rendering such creatures harmless, controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or protecting animals against ectoparasites.



PART 3

INTERPRETATION OF "PART A INSTALLATION" ETC

     15. For the purpose of these Regulations, subject to paragraph 17-

     16. For the purpose of these Regulations-

     17. A Part C installation where an activity within Part C of Section 1.1 is carried out does not include any location where the associated storage, handling or shredding of tyres which are to be burned as part of that activity is carried out.

     18. A Part B installation where an activity falling within paragraph (a) of Part B of Section 2.2, or a Part C installation where an activity falling within paragraph (c) of Part C of Section 2.2 is carried out does not include any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried out, other than a location where scrap is loaded into a furnace.

     19. A Part B installation where an activity falling with paragraph (a) or (b) of Part B of Section 5.1 or a Part C installation where an activity falling with paragraph (a) or (b) of Part C of Section 5.1 is carried out does not include any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried out, other than a location where the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator is carried out.

     20. A Part B or Part C installation where an activity falling within Part B or Part C of Section 6.4 is carried out does not include any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried out.

     21. Where an installation is a Part A installation, a Part B installation or a Part C installation by virtue of the carrying out of an activity which is only carried out during part of a year that installation shall not cease to be such an installation during the parts of the year when that activity is not being carried out.

     22. Where an installation is authorised by a permit granted under these Regulations to carry out Part A activities, Part B activities or Part C activities which are described in Part 1 by reference to a threshold (whether in terms of capacity or otherwise), the installation shall not cease to be a Part A installation, a Part B installation, or a Part C installation, as the case may be, by virtue of the installation being operated below the relevant threshold unless the permit ceases to have effect in accordance with these Regulations.

     23. In this Part, "Part A activity", "Part B activity" and "Part C activity" have the meaning given by paragraph 11 in Part 2 of this Schedule.



SCHEDULE 2
Regulation 3


BEST AVAILABLE TECHNIQUES


     1. Subject to paragraph 2, in determining best available techniques special consideration shall be given to the following matters, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention-

    (1) the use of low-waste technology;

    (2) the use of less hazardous substances;

    (3) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;

    (4) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

    (5) technological advances and changes in scientific knowledge and understanding;

    (6) the nature, effects and volume of the emissions concerned;

    (7) the commissioning dates for new or existing installations or mobile plant;

    (8) the length of time needed to introduce the best available technique;

    (9) the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process;

    (10) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

    (11) the need to prevent accidents and to minimise the consequences for the environment;

    (12) the information published by the Commission pursuant to Article 16(2) of the Directive or by international organisations.

     2. Sub-paragraphs (1) to (3) and (9) to (12) shall not apply for the purposes of determining best available techniques in relation to Part B or Part C installations and Part B or Part C mobile plant.



SCHEDULE 3
Regulations 9 and 10(13)


PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS




PART 1

PART A INSTALLATIONS AND MOBILE PLANT

     1. The prescribed date for a new Part A installation or new Part A mobile plant is-

     2.  - (1) Subject to paragraph 4, the prescribed date for an existing Part A installation or existing Part A mobile plant is-

    (2) For the purpose of sub-paragraph (1) the relevant period for an existing Part A installation or existing Part A mobile plant is the period specified for that description of installation or mobile plant in the following table-

Any installation where an activity falling within the following Section of Part 1 of Schedule 1 is carried out or any mobile plant used to carry out such an activity Relevant Period
Section 1.1 1st - 30th April 2006
Section 1.2 1st - 31st July 2004
Section 2.1 1st - 31st July 2004
Section 2.2 1st - 31st July 2004
Section 2.3 1st - 30th April 2006
Section 3.1 1st - 31st July 2004
Section 3.2 1st - 30th April 2006
Section 3.3 1st - 31st July 2004
Section 3.4 1st - 31st July 2004
Section 3.5 1st - 31st July 2004
Section 3.6 1st - 31st July 2004
Section 4.1 1st - 30th April 2006
Section 4.2 1st - 30th April 2006
Section 4.3 1st - 30th September 2005
Section 4.4 1st - 30th April 2006
Section 4.5 1st - 30th April 2006
Section 4.6 1st - 30th April 2006
Section 4.7 1st - 30th September 2005
Section 5.1 1st - 30th September 2005
Section 5.2 1st January - 31st March 2007
Section 5.3 1st - 30th September 2005
Section 5.4 1st - 30th September 2005
Section 5.5 1st - 30th April 2006
Section 6.1 (a) - (c) 1st - 31st July 2004
Section 6.1 (d) 1st - 30th April 2006
Section 6.2 1st - 30th April 2006
Section 6.3 1st - 30th September 2005
Section 6.4 1st - 30th April 2006
Section 6.6 1st - 30th April 2006
Section 6.7 1st - 31st July 2004
Section 6.8 paragraphs (a), (b) and (c) 1st - 28th February 2005
Section 6.8 paragraphs (d), (e) and (f) 1st - 30th September 2005
Section 6.9 1st November 2006 to

31st January 2007


    (3) For the purpose of sub-paragraph (2), where an activity falls within a description in Part A of more than one Section of Part 1 of Schedule 1 it shall be regarded as falling only within that description which fits it most aptly.

    (4) Subject to sub-paragraph (5), where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation or using an existing Part A mobile plant, the relevant period for that installation or mobile plant shall be the period beginning with the earliest date listed against one of those activities in the table in sub-paragraph (2).

    (5) Where more than one activity falling within Part A of any Section in Part 1 of Schedule 1 is carried out in an existing Part A installation, the operator of the installation may apply to the chief inspector to determine that the relevant period for the installation shall not be the period determined by sub-paragraph (4) but the later period listed in the table in sub-paragraph (2) against the primary activity of the installation.

    (6) An application under sub-paragraph (5) shall be in writing and shall-

    (7) Where the chief inspector receives a duly made application under sub-paragraph (5) he shall, if he agrees with the operator that the activity identified pursuant to sub-paragraph (6)(c) is the primary activity, serve notice of this determination on the operator, and the period listed against that activity in sub-paragraph (2) shall be the relevant period for the installation.

    (8) Where the chief inspector does not agree with the operator as mentioned in sub-paragraph (7) he shall serve notice of this determination on the operator and the relevant period for the installation shall be the period determined by sub-paragraph (4).

    (9) The chief inspector shall serve notice of his determination of any application made under sub-paragraph (5) within 2 months of receiving the application.

    (10) Where there is more than one operator of an installation, an application under sub-paragraph (5) shall be made by the operators of the installation jointly and the references in sub-paragraphs (6) to (8) to the operator shall be construed as a reference to all of the operators.

    (11) For the purpose of sub-paragraphs (5) to (9) the primary activity of an installation is the activity the carrying out of which constitutes the primary purpose for operating the installation.

     3. For the purpose of paragraphs 1 and 2, where separate applications are made to operate different parts of a Part A installation-

     4.  - (1) Where there is a substantial change in the operation of an existing Part A installation on or after 31 October 1999 and before 1st January 2004 the prescribed date for that part of the installation affected by the change shall be-

    (2) Where there is a substantial change in the operation of an existing Part A installation on or after 1st January 2004, the prescribed date for that part of the installation affected by the change shall be the date on which the change is made if earlier than the date which would be the prescribed date for the installation under paragraph 2.

     5.  - (1) Subject to sub-paragraph (2), an application for a permit to operate an existing Part A installation or Part A mobile plant shall not be made before the beginning of the relevant period for that installation or mobile plant without the consent of the chief inspector.

    (2) Where an operator of an existing Part A installation proposes to make a substantial change in the operation of the installation he may make an application before the beginning of the relevant period for a permit to operate that part of the installation that will be affected by the substantial change.

     6. In this Part of this Schedule -



PART 2

PART B AND PART C INSTALLATIONS AND MOBILE PLANT

     7. The prescribed date for a new Part B or Part C installation or a new Part B or Part C mobile plant is the relevant date for that installation or mobile plant.

     8. The prescribed date for an existing Part B or Part C installation or existing Part B or Part C mobile plant is the determination date for that installation or mobile plant.

     9.  - (1) Subject to the following provisions of this paragraph, no application for a permit to operate an existing Part B or Part C installation or existing Part B or Part C mobile plant shall be made to the enforcing authority.

    (2) Where an operator of a Part B or Part C installation or a Part B or Part C mobile plant proposes to put the installation or mobile plant into operation during the period of six months ending on the relevant date for the installation or mobile plant, he may make an application for a permit to operate that installation or mobile plant.

    (3) The operator of an existing Part B or Part C installation or existing Part B or Part C mobile plant shall, unless he has made an application to operate the installation or mobile plant under sub-paragraph (2), be deemed to have made an application for a permit to operate that installation or mobile plant on the relevant date for that installation or mobile plant.

    (4) Where sub-paragraph (3) applies in relation to an existing Part B or Part C installation and different parts of the installation are operated by different operators, each operator shall be deemed to have made an application to operate that part of the installation which he operates.

    (5) Schedule 4 shall not apply to a deemed application under sub-paragraph (3).

    (6) The enforcing authority shall give notice of its determination of a deemed application under sub-paragraph (3) to the applicant within the period of 12 months beginning with the date on which the application is deemed to have been made and if the enforcing authority fails to give notice of its determination within that period the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

    (7) Where sub-paragraph (3) applies the enforcing authority shall, within 2 months of the date on which the application is deemed to have been made, notify the operator of the installation or mobile plant of the deemed application and of the requirements of sub-paragraph (6).

    (8) Where separate applications are deemed to have been made under sub-paragraph (4) to operate different parts of a Part B or Part C installation the prescribed date for the installation shall be, in relation to each part of the installation covered by a separate application, the determination date for that part of the installation.

     10. For the purpose of this Part of this Schedule the relevant date for a Part B installation or a Part B mobile plant is 1st April 2008.

     11.  - (1) For the purpose of this Part of this Schedule the relevant date for Part C installation or Part C mobile plant is the date specified for that description of installation or mobile plant in the following table-

Any installation where an activity falling within Part C of the following Sections of Part 1 of Schedule 1 is carried out or any mobile plant used to carry out such an activity Relevant Date
Section 1.1 1st April 2004
Section 1.2 1st April 2005
Section 2.1 1st April 2006
Section 2.2 1st April 2006
Section 3.1 1st April 2004
Section 3.5 1st April 2004
Section 3.6 1st April 2005
Section 5.1 1st April 2006
Section 6.4 1st April 2006
Section 6.5 1st April 2007
Section 6.6 1st April 2005
Section 6.7 1st April 2006
Section 6.8 1st April 2006

    (2) For the purpose of sub-paragraph (1), where an activity falls within a description in Part C of more than one Section of Part 1 of Schedule 1 it shall be regarded as falling only within that description which fits it most aptly.

    (3) Where more than one activity falling within Part C of any Section in Part 1 of Schedule 1 is carried out in an existing Part C installation or using an existing Part C mobile plant, and the activities have different relevant dates, the relevant date for that installation or mobile plant shall be the earliest of those dates.

     12. In this Part of this Schedule-



SCHEDULE 4
Regulation 10


GRANT OF PERMITS




PART 1

APPLICATIONS FOR PERMITS

     1.  - (1) An application to an enforcing authority for a permit under regulation 10 shall be in writing and, subject to paragraphs 2 and 3, shall contain the following information-

    (2) The site report required by paragraph 1(1)(d) shall describe the condition of the site of the Part A installation or Part A mobile plant and shall, in particular, identify any substance in, on or under the land which may constitute a pollution risk.

     2. Paragraph 1(1)(f), (j) and (p) shall not apply in relation to an application for a permit to operate a Part B or Part C installation or a Part B or Part C mobile plant, and, in relation to such an application, the reference to emissions from the installation or mobile plant into each environmental medium in paragraph 1(1)(g) shall be read as a reference to emissions from the installation or mobile plant into the air.

     3.  - (1) Paragraph 1(1) shall apply in relation to an application for a permit to operate an installation involving the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts as if, in so far as the installation is concerned with the carrying out of that activity, the following sub-paragraphs were substituted for sub-paragraphs (e) to (h)-

    (2) In this paragraph and in paragraphs 8 and 10 "waste oil" has the same meaning as in Section 1.1 of Part 1 of Schedule 1.

     4. The enforcing authority may, by notice in writing to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and if the applicant fails to furnish the specified information within the period specified the application shall, if the enforcing authority gives notice in writing to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.

     5. Subject to paragraph 23, the applicant shall, within a period of 28 days beginning 14 days after the date on which his application is made, advertise the application-

     6. An advertisement required by paragraph 5 shall:

     7. Where an application is for a permit to operate more than one installation or mobile plant the application and the advertisement required by paragraph 5 shall contain the information required by paragraphs 1 and 6 respectively in relation to each installation or mobile plant.

     8. Paragraph 5 shall not apply in relation to an application for a permit to operate an installation involving only the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts or the carrying out of an activity falling within paragraph (b) of Part C of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations).



PART 2

DETERMINATION OF APPLICATIONS

     9.  - (1) Subject to paragraph 23, the enforcing authority shall, within 14 days of receiving an application for a permit, give notice of the application, enclosing a copy of it, to the following persons-

    (2) In sub-paragraph (1)-

     10. Paragraph 9 shall not apply in relation to an application for a permit to operate an installation involving only the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts.

     11.  - (1) If the enforcing authority proposes to grant a permit subject to an off-site condition, it shall, before granting the permit, give a notice which complies with sub-paragraph (2) to every person appearing to it to be a person falling within sub-paragraph (3).

    (2) A notice served under sub-paragraph (1) shall-

    (3) A person falls within this sub-paragraph if-

    (4) In sub-paragraph (3), "owner" means the person who-

but does not include a mortgagee not in possession.

     12.  - (1) Any representations made by any persons within the period allowed shall be considered by the enforcing authority in determining the application.

    (2) For the purpose of sub-paragraph (1), the period allowed for making representations is-

     13. In the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the installation shall be taken into consideration by the chief inspector in determining the application.

     14.  - (1) The Department may give directions to the enforcing authority requiring that any particular application or any class of applications for a permit shall be referred to it for determination pending a further direction under sub-paragraph (13).

    (2) The enforcing authority shall inform the applicant of the fact that his application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.

    (3) Where an application for a permit is referred to it under sub-paragraph (1), the Department may afford the applicant and the enforcing authority an opportunity of appearing before and being heard by a person appointed by the Department (the "appointed person") and it shall do so in any case where a request is duly made by the applicant or the enforcing authority to be so heard.

    (4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being referred to the Department.

    (5) A hearing held under sub-paragraph (3) may, if the appointed person so decides, be held wholly or to any extent, in private.

    (6) Where the Department causes a hearing to be held under sub-paragraph (3) it shall give the applicant and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

    (7) In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing-

    (8) The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.

    (9) The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.

    (10) The persons entitled to be heard at a hearing under sub-paragraph (3) are-

    (11) Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

    (12) After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include his conclusions and recommendations or his reasons for not making any recommendations.

    (13) The Department shall, on determining any application transferred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit.

     15.  - (1) Except in a case where an application has been referred to the Department under paragraph 14 and subject to paragraph 18, the enforcing authority shall give notice of its determination of an application for a permit-

    (2) For the purpose of calculating the periods mentioned in sub-paragraph (1) no account shall be taken of-

     16. If the enforcing authority fails to give notice of its determination of an application for a permit within the period allowed by or under paragraph 15, the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

     17. Where the Department is aware that the operation of an installation carrying out an activity listed in Annex I to the Directive in Northern Ireland is likely to have significant negative effects on the environment of another Member State, or where another Member State likely to be significantly affected so requests, the Department shall forward a copy of the application to operate that installation to the other Member State at the same time as the application is advertised pursuant to paragraph 5 (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application is advertised but before the application is determined) in order that the application may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other Member State on a reciprocal and equivalent basis, as referred to in Article 17 of the Directive.

     18.  - (1) Where an application is forwarded to another Member State pursuant to paragraph 17 the Department shall notify the applicant and the chief inspector and, in a case where the application has not been referred to the Department under paragraph 14-

    (2) In determining an application which is forwarded to another Member State pursuant to paragraph 17 the chief inspector, or the Department if the application has been referred to it, shall take into consideration any representations duly made in the other Member State which have been forwarded to the Department.

     19. In paragraphs 17 and 18, "Member State" shall be taken to include Norway, Iceland and Liechtenstein[55].



PART 3

NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

     20. The requirements of paragraph 5 of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 6 which is not to be included in the register by virtue of regulation 31 or 32.

     21. Subject to paragraph 22, the requirements of paragraph 9(1)(b) (iv), (vii) and (viii) shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 31 or 32.

     22. Paragraph 21 does not apply in relation to information which is not included in the register by virtue of regulation 32 in so far as-

     23. Where a matter falls to be determined under regulation 31 or 32-

     24. For the purpose of paragraph 23, the matters to be determined under regulation 31 or 32 are finally disposed of-



SCHEDULE 5
Regulation 12(2)


POLLUTANTS


Indicative list of the main polluting substances to be taken into account if they are relevant for fixing emission limit values


AIR
     1. Sulphur dioxide and other sulphur compounds.

     2. Oxides of nitrogen and other nitrogen compounds.

     3. Carbon monoxide.

     4. Volatile organic compounds.

     5. Metals and their compounds.

     6. Dust.

     7. Asbestos (suspended particulates, fibres).

     8. Chlorine and its compounds.

     9. Fluorine and its compounds.

     10. Arsenic and its compounds.

     11. Cyanides.

     12. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.

     13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

WATER
     1. Organohalogen compounds and substances which may form such compounds in the aquatic environment.

     2. Organophosphorus compounds.

     3. Organotin compounds.

     4. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment.

     5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

     6. Cyanides.

     7. Metals and their compounds.

     8. Arsenic and its compounds.

     9. Biocides and plant health products.

     10. Materials in suspension.

     11. Substances which contribute to eutrophication (in particular, nitrates and phosphates).

     12. Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).



SCHEDULE 6
Regulation 12(13)


COMPENSATION IN RELATION TO OFF-SITE CONDITIONS


     1.  - (1) This Schedule applies in any case where-

    (2) In this Schedule-

     2. In a case where this Schedule applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this Schedule by the operator.

     3. Subject to paragraph 6(3) and (5)(b), compensation shall be payable under this Schedule for loss and damage of the following descriptions-

     4.  - (1) Subject to sub-paragraph (2), an entitlement to compensation under this Schedule arises on the date of the grant of the rights.

    (2) Where, after a grant of rights pursuant to regulation 12(12), the conditions of the permit which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.

     5.  - (1) An application for compensation under this Schedule shall be made by the grantor-

    (2) An application shall be made in writing to the operator to whom the rights were granted and delivered at or sent by pre-paid post to the last known address for correspondence of that person.

    (3) The application shall contain, or be accompanied by-

     6.  - (1) The amount to be paid by way of compensation under this Schedule shall be assessed in accordance with the following sub-paragraphs.

    (2) The rules set out in Article 6 of the Land Compensation (Northern Ireland) Order 1982[57] (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

    (3) No account shall be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the grantor is, or was at the time of erection, doing or making, directly or indirectly concerned, if the Lands Tribunal is satisfied that the erection of the building, the doing of the work, the making of the improvement or the alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

    (4) In calculating the amount of any loss under paragraph 3(e) expenditure incurred in the preparation of plans or on other similar preparatory matters, shall be taken into account.

    (5) Where the interest in respect of which compensation is to be assessed is subject to a mortgage-

    (6) Compensation under this Schedule shall include an amount equal to the grantor's reasonable valuation and legal expenses.

     7.  - (1) Compensation payable under this Schedule in respect of an interest which is subject to a mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.

    (2) Amounts of compensation determined under this Schedule shall be payable-

    (3) Any question of the application of paragraph 6(3) or of disputed compensation shall be referred to and determined by the Lands Tribunal.

    (4) In relation to the determination of any such question, Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (procedure on reference to the Lands Tribunal and costs) shall apply as if-

     8.  - (1) Compensation payable under this Schedule shall carry interest at the rate determined for the time being under paragraph 18 of Schedule 6 to the Local Government Act (Northern Ireland) 1972 from the date specified in sub-paragraph (2) until payment.

    (2) The date specified in this sub-paragraph is-

    (3) If it appears to any person that he may become liable to pay to another compensation under this Schedule or interest under this paragraph he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

    (4) If, after a payment has been made by any person under sub-paragraph (3)-

the payment or, as the case may be, excess shall be recoverable by that person.



SCHEDULE 7
Regulation 17


VARIATION OF CONDITIONS




PART 1

APPLICATIONS FOR VARIATION OF CONDITIONS

     1. An application under regulation 17(2) for the variation of the conditions of a permit shall be in writing and shall contain the following information-

     2. If a proposed change in the operation of a Part A installation or Part A mobile plant will result in additional land being included within the site of the installation or mobile plant, the application shall also contain a site report for that additional land describing the condition of the land, in particular, identifying any substance in, on or under the land which may constitute a pollution risk.

     3. The enforcing authority may, by notice in writing to the operator, require him to furnish such further information specified in the notice, within the period so specified, as the enforcing authority may require for the purpose of determining the application and if the operator fails to furnish the specified information within the period specified the application shall, if the enforcing authority gives notice in writing to the operator that it treats the failure as such, be deemed to have been withdrawn at the end of that period.



PART 2

DETERMINATION OF APPLICATIONS FOR VARIATIONS AND VARIATION NOTICES

     4.  - (1) Subject to sub-paragraphs (3) and (4), this paragraph applies where-

    (2) Subject to sub-paragraphs (3) and (4), this paragraph shall also apply where an application is made for the variation of the conditions of a permit under regulation 17(2) or the enforcing authority proposes to serve a variation notice under regulation 17(5) and the enforcing authority determines that in the particular circumstances the procedure set out in the following sub-paragraphs should be followed even though no substantial change is involved (so that paragraph (1) does not apply).

    (3) This paragraph shall not apply where the enforcing authority proposes to serve a variation notice-

    (4) This paragraph shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation involving only the burning of waste oil (as defined in Section 1.1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts.

    (5) Where this paragraph applies the enforcing authority shall-

    (6) In the case of an application to which this paragraph applies-

    (7) For the purpose of calculating the period of 14 days mentioned in sub-paragraph (6)(a) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator furnishes the information specified in the notice.

    (8) Subject to paragraph 15(b), an operator notified under sub-paragraph (5)(a) shall, within 28 days beginning on the day on which the notification is made, advertise the application or proposed variation notice, as the case may be-

    (9) An advertisement required by sub-paragraph (8) shall-

    (10) Sub-paragraph (8) shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation which is only used to carry out an activity falling within paragraph (b) of Part C of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations).

    (11) Any representations made by any person within the period allowed shall be considered by the enforcing authority in determining the application or before serving the variation notice.

    (12) For the purpose of sub-paragraph (11), the period allowed for making representations is-

    (13) Where this paragraph applies by virtue of sub-paragraph (1) to a variation affecting the operation of a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to the substantial change shall be taken into consideration by the chief inspector in determining the application or before serving the variation notice.

     5.  - (1) If the enforcing authority proposes to serve a variation notice which will result in the inclusion of an off-site condition in the permit concerned, it shall, before serving the variation notice, give a notice which complies with sub-paragraph (3) to every person appearing to it to be a person falling within sub-paragraph (2).

    (2) A person falls within this sub-paragraph if-

    (3) A notice served under sub-paragraph (1) shall-

    (4) In sub-paragraph (2), "owner" means the person who-

but does not include a mortgagee not in possession.

    (5) Any representations made by a person notified under sub-paragraph (1) within the period specified under sub-paragraph 3(d) shall be considered by the enforcing authority before serving the variation notice.

     6.  - (1) The Department may give directions to the enforcing authority requiring that any particular application under regulation 17(2) or any class of such applications shall be referred to it for determination pending a further direction under sub-paragraph (13).

    (2) The enforcing authority shall inform the operator of the fact that his application is being referred to the Department and forward to the Department any representations which have been made to the enforcing authority within the period allowed.

    (3) Where an application for the variation of the conditions of a permit is referred to it under sub-paragraph (1) the Department may afford the operator and the enforcing authority an opportunity of appearing before and being heard by a person appointed by it (the "appointed person") and it shall do so in any case where a request is duly made by the operator or the enforcing authority to be so heard.

    (4) A request under sub-paragraph (3) shall be in writing and shall be made within the period of 21 days beginning with the day on which the operator is informed that his application is being transmitted to the Department.

    (5) A hearing held under sub-paragraph (3) may, if the appointed person so decides, be held wholly or to any extent, in private.

    (6) Where the Department causes a hearing to be held under sub-paragraph (3) it shall give the operator and the enforcing authority at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

    (7) In the case of a hearing under sub-paragraph (3) which is to be held wholly or partly in public, the Department shall, at least 21 days before the date fixed for the holding of the hearing-

    (8) The Department may vary the date fixed for the holding of any hearing under sub-paragraph (3) and sub-paragraphs (6) and (7) shall apply to the variation of a date as they applied to the date originally fixed.

    (9) The Department may also vary the time or place for the holding of a hearing under sub-paragraph (3) and shall give such notice of any variation as appears to it to be reasonable.

    (10) The persons entitled to be heard at a hearing under sub-paragraph (3) are-

    (11) Nothing in sub-paragraph (10) shall prevent the appointed person from permitting any other persons to be heard at the hearing and such permission shall not be unreasonably withheld.

    (12) After the conclusion of a hearing, the appointed person shall make a report in writing to the Department which shall include his conclusions and recommendations or his reasons for not making any recommendations.

    (13) The Department shall, on determining any application referred to it under this paragraph, give to the enforcing authority such a direction as it thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit by means of the variation notice.

     7.  - (1) Except in a case where an application has been referred to the Department under paragraph 6 and subject to paragraph 10, the enforcing authority shall give notice of its determination of an application under regulation 17(2)-

or, in either case, within such longer period as may be agreed with the operator.

    (2) For the purpose of calculating the periods mentioned in sub-paragraphs (1)(a) and (b) no account shall be taken of-

     8. If the enforcing authority fails to give notice of its determination of an application for a variation of the conditions of a permit within the period allowed by or under paragraph 7, the application shall, if the operator notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

     9. Where the Department is aware that an application or proposal to serve a variation notice mentioned in paragraph 4(1) relates to a substantial change in the operation of an installation carrying out activities listed in Annex I to the Directive in Northern Ireland which is likely to have significant negative effects on the environment of another Member State, or where another Member State likely to be significantly affected so requests, the Department shall forward a copy of the application or proposed variation notice to the other Member State at the same time as it is advertised pursuant to paragraph 4(8) (or as soon as it becomes so aware or receives such a request, if it becomes so aware or receives such a request after the application or proposed variation notice is published but before the application is determined or the variation notice is served) in order that the application or proposed variation notice may serve as the basis for any consultations necessary in the framework of the bilateral relations between the United Kingdom and the other Member State on a reciprocal and equivalent basis, as referred to in Article 17 of the Directive.

     10. Where an application or proposal to serve a variation notice is forwarded to another Member State pursuant to paragraph 9 the Department shall notify the operator of the installation concerned and the chief inspector and-

     11. In determining an application or before serving a variation notice which has been forwarded to another Member State pursuant to paragraph 9, the chief inspector, or, in the case of an application, the Department if the application has been referred to it, shall take into consideration any representations duly made in the other Member State which have been forwarded to the Department.

     12. In paragraphs 9 to 11, "Member State" shall be taken to include Norway, Iceland and Liechtenstein.



PART 3

NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

     13. The requirements of paragraph 4(8) of this Schedule shall not apply in so far as they would require the advertisement of information mentioned in paragraph 4(9) which is not to be included in the register by virtue of regulation 31or 32

     14. Paragraphs 21 and 22 of Schedule 4 shall apply in relation to the requirement to give notice under paragraph 4(5)(c) of this Schedule as they apply to the requirement to give notice under paragraph 9 of that Schedule.

     15. Where a matter falls to be determined under regulation 31or 32-

     16. Paragraph 24 of Schedule 4 shall apply for the purpose of paragraph 15 as it applies for the purpose of paragraph 23 of that Schedule.



SCHEDULE 8
Regulation 27


SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY


     1. In this Schedule-

     2.  - (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing-

the justice of the peace may by warrant authorise an inspector to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

    (2) The conditions mentioned in sub-paragraph (1)(b) are-

    (3) In a case where paragraph (5) of regulation 27 applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired.

    (4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

     3.  - (1) Subject to paragraph (10) of regulation 27, information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person.

    (2) Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.

     4. An inspector who, in the exercise of a relevant power, enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.

     5.  - (1) Where an inspector exercises any power conferred by regulation 27(3)(a) or (b) or (4), it shall be the duty of the responsible authority to make full compensation to any person who has sustained loss or damage by reason of-

    (2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage-

    (3) Any dispute as to a person's entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 (procedure on reference to the Lands Tribunal and costs) shall apply to any such determination.



SCHEDULE 9
Regulation 28


APPEALS FROM DECISIONS WITH RESPECT TO PERMITS


     1.  - (1) A person who wishes to appeal to the Planning Appeals Commission ("the Commission") under regulation 28 shall give to the Commission written notice of the appeal, together with a statement of the grounds of the appeal.

    (2) An appellant may withdraw an appeal by notifying the Commission in writing.

     2. Notice of appeal in accordance with paragraph 1 is to be given-

     3. The enforcing authority shall, within 14 days of receipt of notification of an appeal from the Commission, provide the Commission with names and addresses of-

     4.  - (1) The Commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

    (2) If either party to the appeal so requests, the Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

    (3) A hearing held under sub-paragraph (2) may, if the Commission so decides, be held wholly or held to any extent, in private.



SCHEDULE 10
Regulation 30


REGISTERS


     1. A register maintained by an enforcing authority under regulation 30 shall contain-

     2. Where an application is withdrawn by the applicant at any time before it is determined, all particulars relating to that application which are already in the register shall be removed from the register not less than two months and not more than three months after the date of withdrawal of the application, and no further particulars relating to that application shall be entered in the register.

     3. Where, following the amendment of Schedule 1, these Regulations cease to apply to a description of installation or mobile plant, all particulars relating to installations or mobile plant of that description shall be removed from the register not less than two months and not more than three months after the date on which the amendment comes into force.

     4. Nothing in paragraph 1 shall require an enforcing authority to keep in a register maintained by it-

but this paragraph shall not apply to any aggregated monitoring data relating to overall emissions of any substance or class of substance from installations or mobile plant generally or from any class of installations or mobile plant.

     5. Any details of a formal caution included in a register pursuant to paragraph 1(q) shall be removed from the register after five years have elapsed since the date on which the caution was given.



SCHEDULE 11
Regulation 41


CONSEQUENTIAL AMENDMENTS


Pollution Control and Local Government (Northern Ireland) Order 1978

     1. In Article 38(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978[
58], at the end add-

Clean Air (Northern Ireland) Order 1981

     2. Immediately before Article 25 of the Clean Air (Northern Ireland) Order 1981[59] insert-

Income and Corporation Taxes Act 1988

     3. In section 91A(6) of the Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)[60], in paragraph (ba) after "1999" insert-

The Radioactive Substances (Hospitals) Exemption Order (Northern Ireland) 1993

     4. In the definition of "site licence" in Article 2(1) of the Radioactive Substances (Hospitals) Exemption Order (Northern Ireland) 1993[61], after "1978" insert-

The Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995

     5. After regulation 63 of the Conservation (Natural Habitats, &c,) Regulations (Northern Ireland) 1995[62]insert-

The Landfill Tax Regulations 1996

     6. In Regulation 33(4) of the Landfill Tax Regulations 1996[63], after paragraph (j) insert-

     7. The Specified Risk Material Regulations (Northern Ireland) 1997[64] have effect subject to the following amendments.

     8. In regulation 24(9)(a)(i) and (b)(i), after "1978" insert-

     9. In regulation 24(10), after "approved incinerator" insert-

     10. In the second column of the table in Schedule 2, after "1990" in the entry corresponding to regulation 24(9) in the first column of the table insert-

The Industrial Pollution Control (Northern Ireland) Order 1997

     11. In Article 6 (authorisations: general provisions) of the Industrial Pollution Control (Northern Ireland) Order 1997[65]-

The Waste and Contaminated Land (Northern Ireland) Order 1997

     12. In Article 5(1) (duty of care as respects waste) of the Waste and Contaminated Land (Northern Ireland) Order 1997[66]-

     13. After regulation 3 of the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998[67] insert-

The Special Waste Regulations (Northern Ireland) 1998

     14. In regulation 16(2) (restrictions on mixing special waste) of the Special Waste Regulations (Northern Ireland) 1998[68], in paragraph (a) after "1997" insert-

The Groundwater Regulations (Northern Ireland) 1998

     15. The Groundwater Regulations (Northern Ireland) 1998[69] have effect subject to the following amendments.

     16. In the definition of "authorisation" in regulation 2(1), delete "and" at the end of paragraph (b) and after paragraph (c) insert-

     17. After "1997" in regulation 4 insert -

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

     18. At the end of Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999[70] insert "the Pollution Prevention and Control Regulations (Northern Ireland) 2003".

The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002

     19. In the Table in regulation 2 of the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002[71], after the second entry in column 1 insert-



EXPLANATORY NOTE

(This note is not part of the Order)


These Regulations are made under Article 4 of the Environment (Northern Ireland) Order 2002. They set out a pollution control regime for the purpose of implementing the Integrated Pollution Prevention and Control Directive (Council Directive 96/61/EC) and for regulating other environmentally polluting activities not covered by the Directive. The Regulations apply to Northern Ireland.

The list of controlled activities and the type of pollution control
The Regulations control the operation of any installations or mobile plant carrying out any of the activities listed in Part 1 of Schedule 1 to the Regulations. Installations or mobile plant used to carry out activities listed under the heading "Part A" in Part 1 of Schedule 1 (Part A installations and mobile plant) are subject to integrated pollution control by the Chief Inspector. Those used to carry out activities listed under the heading "Part B" (Part B installations and mobile plant) are subject to air pollution control by the Chief Inspector. Those used to carry out activities listed under the heading "Part C" (Part C installations and mobile plant) are subject to air pollution control by district councils. Part 2 of Schedule 1 sets out some rules for the interpretation of Part 1 of the Schedule. Part 3 of Schedule 1 sets out rules for the interpretation of "Part A installation" etc.

Procedural and substantive requirements
Part 1 of the Regulations (regulations 1 to 8) sets out general provisions. There are definitions in regulations 2 and 3. Regulation 7 determines which installations and mobile plant are regulated by the Chief Inspector and which by the district councils (see above). Regulation 8 deals with the appointment of the chief inspector and other inspectors.

Part 2 deals with the need for a permit to operate an installation or mobile plant covered by the Regulations (regulation 9), the procedure for granting permits and the contents of permits (regulations 10 to 14 and Schedules 4 and 5), and the treatment of permits once granted (regulations 15 to 21 and Schedule 7). The basic requirement for conditions of permits (regulation 12) is to impose emission limit values based on the best available techniques. ("Best available techniques" is defined in regulation 2 and Schedule 2 sets out considerations which have to be taken into account when determining the best available techniques). Schedule 6 sets out the compensation provisions applicable where a person is required under regulation 12 to allow an operator of an installation or Part A mobile plant to carry out work on that person's land. Regulation 13 provides for the Department to notify the chief inspector of conditions which it considers appropriate in relation to preventing or reducing emissions to water from Part A installations and mobile plant regulated by the chief inspector. Regulation 14 enables the Department to make general binding rules containing requirements which may apply instead of conditions included in permits. Regulations 15 and 17 to 21 and Schedule 7 deal with the review, variation, transfer, surrender and revocation of permits. Regulation 16 requires the operator of a permitted installation to give the enforcing authority notice of any proposed change in the operation of that installation. Regulation 22 provides for the Department to make charging schemes setting fees and charges to be paid in respect of applications made under the Regulations and in respect of variations, transfers, surrenders, appeals and the subsistence of permits.

Part 3 (regulations 23 to 27) contains the enforcement powers under the Regulations. Part 4 (regulation 28) and Schedule 9 provide for appeals to the Planning Appeals Commission. Part 5 (regulations 29 to 32) and Schedule 10 set out information gathering powers and publicity requirements. Part 6 (regulations 33 to 36) sets out offences for contraventions of the Regulations and provides for enforcement by the High Court and the admissibility of evidence. Part 7 (regulations 37 to 39) enables the Department to give directions and guidance to enforcing authorities and to make plans relating to emissions. Part 8 and Schedule 11 deal with the disclosure of information and the consequential amendments required by the introduction of the pollution control regimes in the Regulations.

Transitional provisions
Schedule 3 sets out the transitional provisions for bringing installations and mobile plant under the control of the Regulations. Installations and mobile plant will be phased into the Regulations over a five year period. These Regulations will supersede the controls in the Industrial Pollution Control (Northern Ireland) Order 1997 and, consequently, that Order will in due course be repealed.

A regulatory impact assessment has been prepared and copies can be obtained from Environmental Policy Division, Department of the Environment, 20-24 Donegall Street, Belfast BT1 2GP. A copy has been placed in the Assembly library.

Copies of the British Standards publications referred to in these Regulations may be obtained from any of the sales outlets operated by the British Standards Institution or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL.


Notes:

[1] 2000 c. 1 (NI)back

[2] S.I. 2002/3153 (NI 7)back

[3] Article 4(7) of the 2002 Order requires that a draft of the Regulations be laid before, and be approved by a resolution of, the Assembly. Paragraph 7 of the Schedule to the Northern Ireland Act 2000 provides that those conditions do not apply while section 1 of that Act is in force.back

[4] 1954 c. 33 (NI)back

[5] OJ No. L 257, 10.10.96, p.26back

[6] S.I. 1991/1220 (NI 11)back

[7] OJ No. L 246,17.9.80, p.1, as amended by Council Directive 84/467/Euratom (OJ No. L 265, 5.10.84, p.4)back

[8] OJ No. L 117, 8.5.90, p.1back

[9] OJ No. L 117, 8.5.90, p.15back

[10] S.I. 1973/70 (NI 2)back

[11] 1878 c. 52back

[12] 1972 c. 9back

[13] S.I. 1978/1049 (NI 19)back

[14] S.R. 1981 No. 252back

[15] 1985 c. 48back

[16] S.I. 1988/1562back

[17] S.I. 1988/2292back

[18] S.I. 1994/1137back

[19] 1996 c. 8back

[20] S.I. 1997/2778 (NI 19)back

[21] S.I. 1997/2777 (NI 18)back

[22] S.R. 1998 No. 289back

[23] S.I. 1999/662 (NI 6)back

[24] OJ No. L 194, 25.7.75, p.39, as amended by Council Directives 91/156/EEC (OJ No. L 78, 26.3.91, p.32) and 91/692/EEC (OJ No. L 377, 31.12.91, p.48) and Commission Decision 96/350/EC (OJ No. L 135, 6.6.96, p.32)back

[25] See, for example, in relation to air quality standards, Council Directives 80/779/EEC (sulphur dioxide and suspended particulates) (OJ No. L 229, 30.8.80, p.30), 82/884/EEC (lead) (OJ No. L 378, 31.12.82, p.15), 85/293/EEC (nitrogen dioxide) (OJ No. L 87, 27.3.85, p.1) and 92/72/EEC (ozone) (OJ No. L 297, 13.10.92, p.1). In relation to water quality standards, see, for example, Council Directives 75/440 (quality required of surface freshwater intended for the abstraction of drinking water) (OJ No. L 194, 25.7.75, p.48), 78/659/EEC (quality required of freshwaters in order to support fish life) (OJ No. L 222, 14.8.78, p.1) and 79/923/EEC (quality required of shellfish waters) (OJ No. L 281,10.11.79, p.47)back

[26] SR 2000 No. 93back

[27] 1972 c. 68back

[28] S.I. 1981/154 (NI 1)back

[29] OJ No. L 365, 31.12.94, p.24back

[30] 1993 c. 12back

[31] SR 1992 No. 254back

[32] OJ No. L 377, 31.12.91, p.20back

[33] OJ No. L 163, 14.6.89, p.32back

[34] OJ No. L 203, 15.7.89, p.50back

[35] OJ No. L 194, 25.7.75, p.23back

[36] See, in particular Council Directive 96/59/EC (OJ No. L 243, 24.9.96, p.31)back

[37] OJ No. L 194, 25.7.75, p.39; amended by Council Directives 91/56/EEC (OJ No. L 78, 26.3.91, p.32) and 91/692/EEC (OJ No. L 377, 31.12.91, p.48) and Commission Decision 96/350/EC (OJ No. L 135, 6.6.96, p.32)back

[38] OJ No. L 307, 27.11.75, p.22back

[39] SR 2002 No. 209back

[40] S.I. 1999/662 (NI 6)back

[41] S.I. 1986/594 (NI 3)back

[42] S.I. 1997/2777 (NI 18)back

[43] S.I. 1978/1049 (NI 19)back

[44] S.I. 1991/1220 (NI 11)back

[45] S.I. 1986/1032 (NI 6)back

[46] OJ No. L 175, 5.7.85, p.40 (as amended by Council Directive 97/11/EC (OJ No. L 73, 14.3.97, p.5))back

[47] See section 1 of the Food Standards Act 1999 (c. 28)back

[48] SR 2000 No. 93back

[49] SR 1995 No. 380back

[50] 1970 c. 1 (NI)back

[51] S.I. 1978/1039 (NI 9)back

[52] S.I. 1972/1265 (NI 14)back

[53] See Schedule 1 to the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859)back

[54] 1929 c. 13 (NI)back

[55] The Directive is extended to the European Economic Area by the decision of the EEA Joint Committee No. 27/97 of 30.4.97 (OJ No. L 242, 4.9.97, p. 76)back

[56] 1972 c. 9back

[57] S.I. 1982/712 (NI 9)back

[58] S.I. 1978/1049 (NI 19)back

[59] S.I. 1981/158 (NI 4)back

[60] 1988 c. 1; section 91A was inserted by section 78 of the Finance Act 1990 (c. 29) and amended by section 110 of the Finance Act 1993 (c. 34).back

[61] SR 1993 No. 54back

[62] SR 1995 No. 380back

[63] S.I. 1996/1527back

[64] SR 1997 No. 552back

[65] S.I. 1997/2777 (NI 18)back

[66] S.I. 1997/2778 (NI 19)back

[67] SR 1998 No. 28back

[68] SR 1998 No. 289back

[69] SR 1998 No. 401back

[70] SR 1999 No. 362back

[71] SR 2002 No. 271back



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Prepared 7 February 2003


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