The Pollution Prevention and Control Regulations (Northern Ireland) 2003

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). This item of legislation is currently only available in its original format.

Regulation 2

SCHEDULE 1ACTIVITIES, INSTALLATIONS AND MOBILE PLANT

PART 1ACTIVITIES

CHAPTER 1ENERGY INDUSTRIES

SECTION 1.1COMBUSTION ACTIVITIES

Part A

(a)Burning any fuel in an appliance with a rated thermal input of 50 megawatts or more.

(b)Burning any of the following fuels in an appliance with a rated thermal input of 3 megawatts or more but less than 50 megawatts unless the activity is carried out as part of a Part B or Part C activity–

(i)waste oil;

(ii)recovered oil;

(iii)any fuel manufactured from, or comprising, any other waste.

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–

(a)Burning any fuel, other than a fuel mentioned in paragraph (b) of Part A of this Section, in a boiler or furnace or a gas turbine or compression ignition engine with, in the case of any of these appliances, a rated thermal input of 20 megawatts or more but less than 50 megawatts.

(b)Burning any of the following fuels in an appliance with a rated thermal input of less than 3 megawatts–

(i)waste oil;

(ii)recovered oil;

(iii)a solid fuel which has been manufactured from waste by an activity involving the application of heat.

(c)Burning fuel manufactured from or including waste, other than a fuel mentioned in paragraph (b) in any appliance–

(i)with a rated thermal input of less than 3 megawatts but at least 0.4 megawatts; or

(ii)which is used together with other appliances which each have a rated thermal input of less than 3 megawatts, where the aggregate rated thermal input of all the appliances is at least 0.4 megawatts.

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–

“waste oil” means any mineral based lubricating or industrial oil which has become unfit for the use for which it was intended, such as used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;

“recovered oil” means waste oil which has been processed before being used.

SECTION 1.2GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES

Part A

(a)Refining gas.

(b)Reforming natural gas.

(c)Operating coke ovens.

(d)Coal or lignite gasification.

(e)Producing gas from oil or other carbonaceous material or from mixtures thereof, other than from sewage, unless the production is carried out as part of an activity which is a combustion activity (whether or not that combustion activity is described in Section 1.1).

(f)Purifying or refining any product of any of the activities falling within paragraphs (a) to (e) or converting it into a different product.

(g)Refining mineral oils.

(h)The loading, unloading or other handling of, the storage of, or the physical, chemical or thermal treatment of–

(i)crude oil;

(ii)stabilised crude petroleum;

(iii)crude shale oil;

(iv)where related to another activity described in this paragraph, any associated gas or condensate;

(v)emulsified hydrocarbons intended for use as a fuel.

(i)The further refining, conversion or use (otherwise than as a fuel or solvent) of the product of any activity falling within paragraphs (g) or (h) in the manufacture of a chemical.

(j)Activities involving the pyrolysis, carbonisation, distillation, liquefaction, gasification, partial oxidation, or other heat treatment of coal (other than the drying of coal), lignite, oil, other carbonaceous material or mixtures thereof otherwise than with a view to making charcoal.

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

(a)Odorising natural gas or liquefied petroleum gas, except where that activity is related to a Part A activity.

(b)Blending odorant for use with natural gas or liquefied petroleum gas.

(c)The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal, where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be equal to or greater than 10,000 tonnes.

Part C

(a)The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal where the total quantity of petrol loaded from the stationary storage tanks into road tankers, rail tankers or inland waterway vessels in any 12 month period is likely to be less than 10,000 tonnes.

(b)The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any period of 12 months is likely to be 100m3 or more.

Interpretation of Part C

1. In this Part–

“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more;

“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 kilopascals or more which is intended for use as a fuel for motor vehicles;

“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks;

“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

2. Any other expressions used in this Part which are also used in Directive 94/63/EC(1)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 2PRODUCTION AND PROCESSING OF METALS

SECTION 2.1FERROUS METALS

Part A

(a)Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.

(b)Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are–

(i)electric arc furnaces with a designed holding capacity of less than 7 tonnes, or

(ii)cupola, crucible, reverbatory, rotary, induction or resistance furnaces.

(c)Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.

(d)Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites.

(e)Producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour unless falling within paragraph (b) of this Part of this Section.

(f)Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts.

(g)Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour.

(h)Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

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

(a)Producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 tonnes or less per hour, unless falling within paragraph (b) of Part A of this Section.

(b)Producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using–

(i)one or more electric arc furnaces, none of which has a designed holding capacity of 7 tonnes or more; or

(ii)a cupola, crucible, reverberatory, rotary, induction or resistance furnace,

unless falling within paragraph (e) or (h) of Part A of this Section.

(c)Desulphurising iron, steel or any ferrous alloy.

(d)Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable) unless–

(i)it is carried out in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts;

(ii)it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and

(iii)it is not related to any other activity falling within this Part of this Section.

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 2.2NON-FERROUS METALS

Part A

(a)Producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.

(b)Melting, including making alloys, of non-ferrous metals, including recovered products (refining, foundry casting etc.) where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals.

(c)Refining any non-ferrous metal or alloy, other than the electrolytic refining of copper, except where the activity is related to an activity described in paragraph (a) or (c) of Part B, or paragraph (c) of Part C of this Section.

(d)Producing, melting or recovering by chemicals means or by the use of heat, lead or any lead alloy, if–

(i)the activity may result in the release into the air of lead; and

(ii)in the case of lead alloy, the percentage by weight of lead in the alloy in molten form is more than 23 per cent if the alloy contains copper and 2 per cent in other cases.

(e)Recovering any of the following elements if the activity may result in their release into the air: gallium; indium; palladium; tellurium; thallium.

(f)Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or, in aggregate, of both.

(g)Mining zinc or tin bearing ores where the activity may result in the release into water of cadmium or any compound of cadmium in a concentration which is greater than the background concentration.

(h)Manufacturing or repairing involving the use of beryllium or selenium or an alloy containing one or both of those metals if the activity may result in the release into the air of any of the substances listed in paragraph 12 of Part 2 to this Schedule; but an activity does not fall within this paragraph by reason of it involving an alloy that contains beryllium if that alloy in molten form contains less than 0.1 per cent by weight of beryllium and the activity falls within paragraph (a) or (c) of Part B of this Section.

(i)Pelletising, calcining, roasting or sintering any non-ferrous metal ore or any mixture of such ore and other materials.

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–

(i)water supplied to the site where the activity is carried out;

(ii)water abstracted for use in the activity; and

(iii)precipitation onto the site on which the activity is carried out.

Part B

(a)Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten meal is 0.5 tonnes or more (together with any additional refining).

(b)Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 tonnes or less per day unless described in paragraph (g) of Part A of Section 2.1.

(c)Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 tonnes or less per day.

Part C

(a)Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals and where the designed holding capacity of molten metal is less than 0.5 tonnes (together with any additional refining).

(b)The heating in a furnace or any other appliance of any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable, if not related to another activity described in this Part of this Section; but an activity does not fall within this paragraph if–

(i)it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts; and

(ii)it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(c)Unless falling within Part A or B of this Section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.

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 2.3SURFACE TREATING METALS AND PLASTIC MATERIALS

Part A

(a)Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³.

Part B

(a)Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A of this Section.

Part C

Nil

CHAPTER 3MINERAL INDUSTRIES

SECTION 3.1PRODUCTION OF CEMENT AND LIME

Part A

(a)Producing cement clinker or producing and grinding cement clinker.

(b)Producing lime–

(i)in kilns or other furnaces with a production capacity of more than 50 tonnes per day; or

(ii)where the activity is likely to involve in any period of 12 months of 5,000 tonnes or more of calcium carbonate or calcium magnesium carbonate or, in aggregate, of both.

(c)Grinding cement clinker not associated with production of cement clinker.

(d)Unless falling within Part A of Section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250, 000 tonnes in any period of 12 months.

Part B

(a)Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this Section and is carried on at the same location as an activity described in paragraph (a) of Part B of Section 3.5.

(b)Producing lime where the activity is not likely to involve the heating in any period of 12 months of 5,000 tonnes or more of calcium carbonate or calcium magnesium carbonate or, in aggregate, of both.

(c)Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide when related to an activity described in paragraph (b) above.

Part C

(a)Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

(b)Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products where the activity is not related to an activity described in paragraph (a) of Part A of this Section and is not described in paragraph (a) of Part B of this Section.

(c)Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide unless related to an activity described in another Part of this Schedule.

SECTION 3.2ACTIVITIES INVOLVING ASBESTOS

Part A

(a)Producing asbestos or manufacturing products based on or containing asbestos.

(b)Stripping asbestos from railway vehicles except–

(i)in the course of the repair or maintenance of the vehicle;

(ii)in the course of recovery operations following an accident; or

(iii)where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).

(c)Destroying a railway vehicle by burning if asbestos has been incorporated in, or sprayed on to, its structure.

Part B

(a)The industrial finishing of any of the following products where not related to an activity falling within Part A of this Section–

asbestos cement;
asbestos cement products;
asbestos fillers;
asbestos filters;
asbestos floor coverings;
asbestos friction products;
asbestos insulating board;
asbestos jointing, packaging and reinforcement material;
asbestos packing;
asbestos paper or card;
asbestos textiles.

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 3.3MANUFACTURING GLASS AND GLASS FIBRE

Part A

(a)Manufacturing glass fibre.

(b)Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture and the aggregate quantity of such substances manufactured in any period of 12 months is likely to be 100 tonnes or more.

(c)Manufacturing glass, unless falling within the descriptions in paragraphs (a) or (b) above, where the melting capacity of the plant is more than 20 tonnes per day.

Part B

Unless falling within Part A of this Section–

(a)Manufacturing glass at any location where the person concerned has the capacity to make 5,000 tonnes or more of glass in any period of 12 months, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

(b)Manufacturing glass where the use of lead or any lead compound is involved.

(c)Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except–

(i)making products from lead glass blanks; or

(ii)melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d)Polishing or etching glass or glass products in the course of any manufacturing activity if–

(i)hydrofluoric acid is used; or

(ii)hydrogen fluoride may be released into the air.

(e)Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

Part C

Nil

SECTION 3.4PRODUCTION OF OTHER MINERAL FIBRES

Part A

(a)Unless falling within Part A of Section 3.3, melting mineral substances in plant with a melting capacity of more than 20 tonnes per day.

(b)Unless falling within Part A of Section 3.3, producing any fibre from any mineral.

Part B

Nil.

Part C

Nil.

SECTION 3.5OTHER MINERAL ACTIVITIES

Part A

(a)Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

(a)Unless falling within Part A of any Section in this Schedule, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

(b)Coating road stone with tar or bitumen.

(c)The fusion of calcined bauxite for the production of artificial corundum.

Part C

(a)Any of the following activities unless carried on at an exempt location–

(i)crushing, grinding or otherwise breaking up coal, coke or any other coal product;

(ii)screening, grading or mixing coal, coke or any other coal product;

(iii)loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

(b)The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

(c)Screening the product of any activity described in paragraph (b).

(d)Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

Interpretation of Parts B and C

1. In these Parts–

“coal” includes lignite;

“designated mineral or mineral product” means–

(i)

clay, sand and any other naturally occurring mineral other than coal or lignite;

(ii)

metallurgical slag;

(iii)

boiler or furnace ash produced from the burning of coal, coke or any other coal product;

(iv)

gypsum which is a by-product of any activity;

“exempt location” means–

(i)

any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any period of 12 months is in aggregate likely to be less than 10,000 tonnes; or

(ii)

any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;

“retail sale” means sale to the final customer.

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

SECTION 3.6CERAMIC PRODUCTION

Part A

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

(i)the kiln production capacity is more than 75 tonnes per day; or

(ii)the kiln capacity is more than 4m³ and the setting density is more than 300 kg/m³.

Part B

(a)Unless falling within Part A of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln where a reducing atmosphere is essential or with a production capacity exceeding 50 tonnes per day.

(b)Vapour glazing earthenware or clay with salts.

Part C

(a)Unless falling within Part A or Part B of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

Interpretation of Parts B and C

In these Parts–

“clay” includes a blend of clay with ash, sand or other materials;

“refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4THE 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 4.1ORGANIC CHEMICALS

Part A

(a)Producing organic chemicals such as–

(i)hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii)organic compounds containing oxygen, such as alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins;

(iii)organic compounds containing sulphur, such as sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics;

(iv)organic compounds containing nitrogen, such as amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers;

(v)organic compounds containing phosphorus, such as substituted phosphines and phosphate esters;

(vi)organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides;

(vii)organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls;

(viii)plastic materials, such as polymers, synthetic fibres and cellulose-based fibres;

(ix)synthetic rubbers;

(x)dyes and pigments;

(xi)surface-active agents

(b)Producing any other organic compounds not described in paragraph (a).

(c)Polymerising or co-polymerising any unsaturated hydrocarbon or vinyl chloride (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon) which is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 50 tonnes or more of any of those materials or, in aggregate, of any combination of those materials.

(d)Any activity involving the use in any period of 12 months of one tonne or more of toluene di-isocyanate or other di-isocyanate of comparable volatility or, where partly polymerised, the use of partly polymerised di-isocyanates or prepolymers containing one tonne or more of those monomers, if the activity may result in a release into the air which contains such a di-isocyanate monomer.

(e)The flame bonding of polyurethane foams or polyurethane elastomers.

(f)Recovering–

(i)carbon disulphide;

(ii)pyridine or any substituted pyridine.

(g)Recovering or purifying acrylic acid, substituted acrylic acid or any ester of acrylic acid or of substituted acrylic acid.

Part B

(a)Unless falling within Part A of this Section, any activity involving in any period of 12 months–

(i)the use of less than 1 tonne of toluene di-isocyanate or other di-isocyanate of comparable volatility or, where partially polymerised, the use of partly polymerised di-isocyanates or prepolymers containing less than 1 tonne of those monomers; or

(ii)the use of 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of much lower volatility than toluene di-isocyanate or, where partly polymerised, the use of partly polymerised di-isocyanates or prepolymers containing 5 tonnes or more of these less volatile monomers;

where the activity may result in a release into the air which contains such a di-isocyanate monomer.

(b)Cutting polyurethane foams or polyurethane elastomers with heated wires.

(c)Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 100 tonnes or more of unsaturated hydrocarbon.

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 4.2INORGANIC CHEMICALS

Part A

(a)Producing inorganic chemicals such as–

(i)gases, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene;

(ii)acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid;

(iii)bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;

(iv)salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate;

(v)non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide, titanium dioxide;

(vi)halogens or interhalogen compound comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.

(b)Unless falling within another Section of this Schedule, any manufacturing activity which uses, or which is likely to result in the release into the air or into water of, any halogens, hydrogen halides or any of the compounds mentioned in paragraph (a)(vi), other than the treatment of water by chlorine.

(c)Unless falling within another Section of this Schedule, any manufacturing activity involving the use of hydrogen cyanide or hydrogen sulphide.

(d)Unless falling within another Section of this Schedule, any manufacturing activity, other than the application of a glaze or vitreous enamel, involving the use of any of the following elements or compound of those elements or the recovery of any compound of the following elements–

antimony;
arsenic;
beryllium;
gallium;
indium;
lead;
palladium;
platinum;
selenium;
tellurium;
thallium,

where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule.

(e)Recovering any compound of cadmium or mercury.

(f)Unless falling within another Section of this Schedule, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into air of either of those elements or their compounds.

(g)Unless carried out as part of any other activity falling within this Schedule–

(i)recovering, concentrating or distilling sulphuric acid or oleum;

(ii)recovering nitric acid;

(iii)purifying phosphoric acid.

(h)Any manufacturing activity (other than the manufacture of chemicals or glass or the coating, plating or surface treatment of metal) which–

(i)involves the use of hydrogen fluoride, hydrogen chloride, hydrogen bromide or hydrogen iodide or any of their acids; and

(ii)may result in the release of any of those compounds into the air.

(i)Unless carried out as part of any other activity falling within this Schedule, recovering ammonia.

(j)Extracting any magnesium compound from sea water.

Part B

Nil.

Part C

Nil.

SECTION 4.3CHEMICAL FERTILISER PRODUCTION

Part A

(a)Producing (including any blending which is related to their production) phosphorus, nitrogen or potassium based fertilisers (simple or compound fertilisers).

(b)Converting chemical fertilisers into granules.

Part B

Nil.

Part C

Nil.

SECTION 4.4PLANT HEALTH PRODUCTS AND BIOCIDES

Part A

(a)Producing plant health products or biocides.

(b)Formulating such products if this may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.

Part B

Nil.

Part C

Nil.

SECTION 4.5PHARMACEUTICAL PRODUCTION

Part A

(a)Producing pharmaceutical products using a chemical or biological process.

Part B

Nil.

Part C

Nil.

SECTION 4.6EXPLOSIVES PRODUCTION

Part A

(a)Producing explosives.

Part B

Nil.

Part C

Nil.

SECTION 4.7MANUFACTURING ACTIVITIES INVOLVING CARBON DISULPHIDE OR AMMONIA

Part A

(a)Any manufacturing activity which may result in the release of carbon disulphide into the air.

(b)Any activity for the manufacture of a chemical which involves the use of ammonia or may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.

Part B

Nil.

Part C

Nil.

SECTION 4.8THE STORAGE OF CHEMICALS IN BULK

Part A

Nil.

Part B

(a)The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance–

any one or more acrylates	20 tonnes (in aggregate)
acrylonitrile	20 tonnes
anhydrous ammonia	100 tonnes
anhydrous hydrogen fluoride	1 tonne
toluene di-isocyanate	20 tonnes
vinyl chloride monomer	20 tonnes
ethylene	8,000 tonnes.

Part C

Nil

CHAPTER 5WASTE MANAGEMENT

SECTION 5.1DISPOSAL OF WASTE BY INCINERATION

Part A

(a)The incineration of any waste chemical or waste plastic arising from the manufacture of a chemical or the manufacture of a plastic.

(b)The incineration, other than incidentally in the course of burning other waste, of any waste chemical being, or comprising in elemental or compound form, any of the following–

bromine;
cadmium;
chlorine;
fluorine;
iodine;
lead;
mercury;
nitrogen;
phosphorus;
sulphur;
zinc.

(c)Unless falling within Part B or C of this Section, the incineration of (any other) hazardous waste in an incineration plant other than of specified hazardous waste in an exempt incineration plant.

(d)The incineration of municipal waste in an incineration plant with a capacity of more than 3 tonnes per hour.

(e)The incineration of animal remains, or waste products from rendering animal remains in an incineration plant with a capacity of 1 tonne or more per hour.

(f)The incineration of any waste, otherwise than as part of a Part B or Part C activity, in an incineration plant with a capacity of 1 tonne or more per hour.

(g)The cleaning for reuse of metal containers used for the transport or storage of a chemical by burning out their residual content.

Part B

(a)The incineration of waste, in an incineration plant which is authorised for incineration of radioactive waste under section 13 of the Radioactive Substances Act 1993(2).

(b)Unless falling within Part A of this Section, the incineration of clinical waste, municipal waste sewage sludge, sewage screenings, or any mixture thereof, in an incineration plant.

Part C

(a)The incineration of specified hazardous waste in an incineration plant with a capacity of 10 tonnes or less per day and less than 1 tonne per hour, unless described in Part A or Part B of this Section or the plant is an exempt incineration plant.

(b)Unless falling within Part B of this Section, the incineration of any non hazardous waste in an incineration plant, other than an exempt incineration plant, with a capacity of less than 1 tonne per hour.

(c)The cremation of human remains.

Interpretation of Section 5.1

In this Section–

“clinical waste”, means waste (other than waste consisting wholly of animal remains) which falls within the definition of such waste in regulation 2(1) of the Waste Collection and Disposal Regulations (Northern Ireland) 1992(3) or would fall within that paragraph but for regulation 2(3) of those regulations;

“exempt incineration plant” means any incineration plant on premises where there is plant designed to incinerate waste, including animal remains, at a rate of 50 kilogrammes or less per hour, not being an incineration plant employed to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste; and for the purposes of this definition, the weight of waste shall be determined by reference to its weight as fed into the incineration plant;

“hazardous waste” means waste as defined in Article 1(4) of Council Directive 91/689/EEC on hazardous waste(4);

“incineration” includes pyrolysis;

“incineration of hazardous waste in an incineration plant” means the incineration by oxidation of hazardous wastes, with or without recovery of the combustion heat generated, including pre-treatment and thermal treatment processes, for example, plasma process, in so far as their products are subsequently incinerated, and includes the incineration of such wastes as regular or additional fuel for any industrial process;

“municipal waste” means municipal waste as defined in Council Directives 89/369/EEC(5) and 89/429/EEC(6);

“specified hazardous waste” means–

(a)

combustible liquid wastes, including waste oils as defined in Article 1 of Council Directive 75/439/EEC(7) on the disposal of waste oil, provided that they meet the following three criteria–

(i)

the mass content of polychlorinated aromatic hydrocarbons, for example, polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation(8);

(ii)

these wastes are not rendered hazardous by virtue of containing other constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste(9); and

(iii)

the net calorific value amounts to 30 MJ or more per kilogramme;

(b)

combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil, as defined in Article 1(1) of Council Directive 75/716/EEC(10) on the approximation of the laws of Member States relating to the sulphur content of certain liquid fuels or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

(c)

sewage sludges from the treatment of municipal waste waters which are not rendered hazardous by virtue of containing constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste; and

(d)

infectious clinical waste, provided that such waste is not rendered hazardous as a result of the presence of constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste other than constituent C35 in that list (infectious substances).

SECTION 5.2DISPOSAL OF WASTE BY LANDFILL

Part A

(a)The disposal of waste in a landfill receiving more than 10 tonnes of waste in any day or with a total capacity of more than 25,000 tonnes, excluding disposals in landfills taking only inert waste.

Part B

Nil

Part C

Nil

SECTION 5.3DISPOSAL OF WASTE OTHER THAN BY INCINERATION OR LANDFILL

Part A

(a)The disposal of hazardous waste (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.

(b)The disposal of waste oils (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.

(c)Disposal of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by–

(i)biological treatment, not being treatment specified in any paragraph other than paragraph D8 of Annex IIA to Council Directive 75/442/EEC, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (D8); or

(ii)physico-chemical treatment, not being treatment specified in any paragraph other than paragraph D9 in Annex IIA to Council Directive 75/442/EEC, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (for example, evaporation, drying, calcination, etc.) (D9).

Interpretation of Part A

1. In this Part–

“disposal” in paragraph (a) means any of the operations described in Annex IIA to Council Directive 75/442/EEC on waste;

“hazardous waste” means waste as defined in Article 1(4) of Council Directive 91/689/EEC.

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 5.4RECOVERY OF WASTE

Part A

(a)Recovering by distillation of any oil or organic solvent.

(b)Cleaning or regenerating carbon, charcoal or ion exchange resins by removing matter which is, or includes, any substance listed in paragraphs 12 to 14 of Part 2 of this Schedule.

(c)Unless carried out as part of any other Part A activity, recovering hazardous waste in plant with a capacity of more than 10 tonnes per day by means of the following operations–

(i)the use principally as a fuel or other means to generate energy (R1);

(ii)solvent reclamation/regeneration (R2);

(iii)recycling/reclamation of inorganic materials other than metals and metal compounds (R5);

(iv)regeneration of acids or bases (R6);

(v)recovering components used for pollution abatement (R7);

(vi)recovery of components from catalysts (R8);

(vii)oil re-refining or other reuses of oil (R9).

Interpretation of Part A

1. Nothing in paragraphs (a) and (b) of this Part applies to–

(a)distilling oil for the production or cleaning of vacuum pump oil; or

(b)an activity which is ancillary to and related to another activity, whether described in this Schedule or not, which involves the production or use of the substance which is recovered, cleaned or regenerated,

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 5.5THE PRODUCTION OF FUEL FROM WASTE

Part A

(a)Making solid fuel (other than charcoal) from waste by any process involving the use of heat.

Part B

Nil.

Part C

Nil.

CHAPTER 6OTHER ACTIVITIES

SECTION 6.1PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES

Part A

(a)Producing in industrial plant pulp from timber or other fibrous materials.

(b)Producing in industrial plant paper and board where the plant has a production capacity of more than 20 tonnes per day.

(c)Any activity associated with making paper pulp or paper, including activities connected with the recycling of paper such as de-inking, if the activity may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.

(d)Manufacturing wood particleboard, oriented strand board, wood fibreboard, plywood, cement-bonded particleboard or any other composite wood-based board.

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 6.2CARBON ACTIVITIES

Part A

(a)Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.

Part B

Nil.

Part C

Nil.

SECTION 6.3TAR AND BITUMEN ACTIVITIES

Part A

(a)The following activities–

(i)distilling tar or bitumen in connection with any process of manufacture; or

(ii)heating tar or bitumen for the manufacture of electrodes or carbon-based refractory materials,

where the carrying out of the activity by the person concerned at the location in question is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Part B

(a)Any activity not falling within Part A of this Section or of Section 6.2 involving–

(i)heating, but not distilling, tar or bitumen in connection with any manufacturing activity; or

(ii)oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried out,

where the carrying out of the activity is likely to involve the use in any period of 12 months of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Interpretation of Part B

In this Part “tar” and “bitumen” include pitch.

Part C

Nil

SECTION 6.4COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS

Part A

(a)Applying or removing a coating material containing any tributyltin compound or triphenyltin compound, if carried out at a shipyard or boatyard where vessels of a length of 25 metres or more can be built, maintained or repaired.

(b)Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

(c)Treating textiles if the activity may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.

(d)Surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

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–

(a)The repainting or respraying of or of parts of aircraft or railway vehicles; or

(b)The application to a substrate of, or the drying or curing after such applications of, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity;

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–

(i)400 tonnes or more of printing ink, paint or other coating material which is applied in solid form;

(ii)400 tonnes or more of any metal coating which is sprayed on in molten form;

Part C

(a)Unless falling within Part A or Part B of this Section or paragraph (g) of Part A of Section 2.1, any process (other than for the repainting or re-spraying of or of parts of aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process 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–

(i)20 tonnes or more of printing ink, paint or other coating material which is applied in solid form;

(ii)20 tonnes or more of any metal coating which is sprayed on in molten form;

(iii)25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity;

(iv)5 tonnes or more of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

(b)Unless falling within Part A of this Section, repainting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 tonne or more of organic solvents in any period of 12 months.

(c)Repainting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying out of the activity is likely to involve the use in any period of 12 months of–

(i)20 tonnes or more of any paint or other coating material which is applied in solid form;

(ii)20 tonnes or more of any metal coatings which are sprayed on in molten form; or

(iii)5 tonnes or more of organic solvents.

Interpretation of Parts B and C

1. In this Part–

“aircraft” includes gliders and missiles;

“coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

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

(a)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes; less

(b)any organic solvents that are removed from the process for re-use or for recovery for re-use.

SECTION 6.5THE MANUFACTURE OF DYESTUFFS, PRINTING INK AND COATING MATERIALS

Part A

Nil.

Part B

(a)Unless falling within Part A of any Section in this Schedule–

(i)manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 200 tonnes or more of organic solvents in any period of 12 months;

(ii)manufacturing any powder for use as a coating material where there is the capacity to produce 400 tonnes or more of such powder in any period of 12 months.

Part C

(a)Unless falling within Part A or Part B of any Section in this Schedule–

(i)manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying out of the activity is likely to involve the use of 100 tonnes or more, but less than 200 tonnes of organic solvents in any period of 12 months;

(ii)manufacturing any powder for use as a coating material where there is the capacity to produce 200 tonnes or more, but less than 400 tonnes of such powder in any period of 12 months.

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–

(i)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes; less

(ii)any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6TIMBER ACTIVITIES

Part A

(a)Curing, or chemically treating, as part of a manufacturing process, timber or products wholly or mainly made of wood if any substance listed in paragraph 13 of Part 2 of this Schedule is used.

Part B

Nil.

Part C

(a)Unless falling within Part A of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves the sawing, drilling, shaping, turning, planing, curing or chemical treatment of wood (“relevant activities”) and the throughput of the works in any period of 12 months is likely to be more than–

(i)10,000 cubic metres, in the case of works at which wood is sawed but at which wood is not subjected to any other relevant activities or is subjected only to relevant activities which are exempt activities; or

(ii)1,000 cubic metres in any other case.

Interpretation of Part C

In this Part–

“relevant activities” other than sawing are “exempt activities” where, if no sawing were carried out at the works, the activities carried out there would be unlikely to result in the release into the air of any substances listed in paragraph 12 of Part 2 of this Schedule in a quantity which is capable of causing significant harm;

“throughput” shall be calculated by reference to the amount of wood which is subjected to any of the relevant activities, but where, at the same works, wood is subject to two or more relevant activities, no account shall be taken of the second or any subsequent activity;

“wood” includes any product consisting wholly or mainly of wood; and

“works” includes a sawmill or any other premises on which relevant activities are carried out on wood.

SECTION 6.7ACTIVITIES INVOLVING RUBBER

Part A

(a)Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any period of 12 months of 50,000 tonnes or more of one or more of the following–

(i)natural rubber;

(ii)synthetic organic elastomers;

(iii)other substances mixed with them.

Part B

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

Part C

(a)Unless falling within Part A or B of any Section in this Schedule, the mixing, milling or blending of–

(i)natural rubber; or

(ii)synthetic organic elastomers,

if carbon black is used.

(b)Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8THE TREATMENT OF ANIMAL AND VEGETABLE MATTER AND FOOD INDUSTRIES

Part A

(a)Tanning hides and skins at plant with a treatment capacity of more than 12 tonnes of finished products per day.

(b)Slaughtering animals at plant with a carcass production capacity of more than 50 tonnes per day.

(c)Disposing of or recycling animal carcasses or animal waste at plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or, in aggregate, of both.

(d)Treating and processing materials intended for the production of food products from–

(i)animal raw materials (other than milk) at plant with a finished product production capacity of more than 75 tonnes per day;

(ii)vegetable raw materials at plant with a finished product production capacity of more than 300 tonnes per day (average value on a quarterly basis).

(e)Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

(f)Processing, storing or drying by the application of heat of the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into waterways, underground strata or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if–

(i)the processing, storing or drying does not fall within another Section of this Schedule or paragraph (c) of this Part of this Section and is not an exempt activity; and

(ii)it may result in the release into water of any substance listed in paragraph 13 of Part 2 of this Schedule in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in relation to the substance in that paragraph.

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

(a)Processing, storing or drying by the application of heat of the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into waterways, underground strata or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if–

(i)the processing, storing or drying does not fall within another Section of this Schedule or Part A or B of this Section and is not an exempt activity; and

(ii)the processing, storing or drying may result in the release into the air of a substance described in paragraph 12 of Part 2 of this Schedule or any offensive smell noticeable outside the premises on which the activity is carried out.

(b)Breeding maggots in any case where 5 kg or more of animal matter or of vegetable matter or, in aggregate, of both are introduced into the process in any week.

Interpretation of Section 6.8

In this Section–

“animal” includes a bird or a fish;

“exempt activity” means–

(i)

any activity carried out in a farm or agricultural holding other than the manufacture of goods for sale;

(ii)

the manufacture or preparation of food or drink for human consumption but excluding–

(aa)

the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as a activity incidental to the cooking of food for human consumption;

(bb)

any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;

(cc)

the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;

(iii)

the fleshing, cleaning and drying of pelts of fur-bearing mammals;

(iv)

any activity carried on in connection with the operation of a knacker’s yard, as defined in the Animal By-Products Order (Northern Ireland) 2002(11);

(v)

any activity for the manufacture of soap not falling within Part A of Section 4.1;

(vi)

the storage of vegetable matter not falling within any other Section of this Schedule;

(vii)

the cleaning of shellfish shells;

(viii)

the manufacture of starch;

(ix)

the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds registered under the Animal By-Products Order (Northern Ireland) 2002;

(x)

the salting of hides or skins, unless related to any other activity listed in this Schedule;

(xi)

any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms;

(xii)

any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers;

(xiii)

the drying of grain or pulses;

(xiv)

any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;

“food” includes–

(i)

drink;

(ii)

articles and substances of no nutritional value which are used for human consumption; and

(iii)

articles and substances used as ingredients in the preparation of food;

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents;

“underground strata” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999(12);

“waterways” has the same meaning as in Article 2(2) of the Water (Northern Ireland) Order 1999.

SECTION 6.9INTENSIVE FARMING

Part A

(a)Rearing poultry or pigs intensively in an installation with more than:

(i)40,000 places for poultry;

(ii)2,000 places for production pigs (over 30 kg); or

(iii)750 places for sows.

Part B

Nil.

Part C

Nil.

PART 2INTERPRETATION 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(13).

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–

(i)a fume cupboard which is an industrial and continuous production activity enclosure; or

(ii)a fume cupboard in which substances or materials are manufactured.

(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–

“background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in–

(i)

water supplied to the site where the activity is carried out;

(ii)

water abstracted for use in the activity; and

(iii)

precipitation onto the site on which the activity is carried out;

“Part A activity” means an activity falling within Part A of any Section in Part 1 of this Schedule;

“Part B activity” means an activity falling within Part B of any Section in Part 1 of this Schedule;

“Part C activity” means an activity falling within Part C of any Section 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–

oxides of sulphur and other sulphur compounds;
oxides of nitrogen and other nitrogen compounds;
oxides of carbon;
organic compounds and partial oxidation products;
metals, metalloids and their compounds;
asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;
halogens and their compounds;
phosphorus and its compounds;
particulate matter.

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–

alkali metals and their oxides and alkaline earth metals and their oxides;
organic solvents;
azides;
halogens and their covalent compounds;
metal carbonyls;
organo-metallic compounds;
oxidising agents;
polychlorinated dibenzofuran and any congener thereof;
polychlorinated dibenzo-p-dioxin and any congener thereof;
polyhalogenated biphenyls, terphenyls and naphthalenes;
phosphorus;
pesticides.

(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 3INTERPRETATION OF “PART A INSTALLATION” ETC

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

“Part A installation” means an installation where a Part A activity is carried out (including such an installation where a Part B or Part C activity is also carried out);

“Part B installation” means an installation where a Part B activity is carried out, not being a Part A installation (including such an installation where a Part C activity is also carried out);

“Part C installation” means an installation where a Part C activity is carried out, not being a Part A installation or Part B installation.

16. For the purpose of these Regulations–

“Part A mobile plant” means mobile plant used to carry out a Part A activity (including such plant which is also used to carry out a Part B or Part C activity);

“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant;

“Part C mobile plant” means mobile plant used to carry out a Part C activity, not being Part A mobile plant or Part B mobile plant.

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.

Regulation 3

SCHEDULE 2BEST 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.

Regulations 9 and 10(13)

SCHEDULE 3PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

PART 1PART A INSTALLATIONS AND MOBILE PLANT

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

(a)where an application for a permit to operate the installation or mobile plant is duly made before 1^st January 2004, the determination date for the installation or mobile plant;

(b)where no such application is made, 1^st January 2004.

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

(a)where an application for a permit to operate the installation or mobile plant is duly made within the relevant period (or before the beginning of the relevant period where allowed under paragraph 5), the determination date for the installation or mobile plant;

(b)where no such application is made, the day after the date on which the relevant period expires.

(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	1^st – 30^th April 2006
Section 1.2	1^st – 31^st July 2004
Section 2.1	1^st – 31^st July 2004
Section 2.2	1^st – 31^st July 2004
Section 2.3	1^st – 30^th April 2006
Section 3.1	1^st – 31^st July 2004
Section 3.2	1^st – 30^th April 2006
Section 3.3	1^st – 31^st July 2004
Section 3.4	1^st – 31^st July 2004
Section 3.5	1^st – 31^st July 2004
Section 3.6	1^st – 31^st July 2004
Section 4.1	1^st – 30^th April 2006
Section 4.2	1^st – 30^th April 2006
Section 4.3	1^st – 30^th September 2005
Section 4.4	1^st – 30^th April 2006
Section 4.5	1^st – 30^th April 2006
Section 4.6	1^st – 30^th April 2006
Section 4.7	1^st – 30^th September 2005
Section 5.1	1^st – 30^th September 2005
Section 5.2	1^st January – 31^st March 2007
Section 5.3	1^st – 30^th September 2005
Section 5.4	1^st – 30^th September 2005
Section 5.5	1^st – 30^th April 2006
Section 6.1 (a) – (c)	1^st – 31^st July 2004
Section 6.1 (d)	1^st – 30^th April 2006
Section 6.2	1^st – 30^th April 2006
Section 6.3	1^st – 30^th September 2005
Section 6.4	1^st – 30^thril 2006
Section 6.6	1^st – 30^th April 2006
Section 6.7	1^st – 31^st July 2004
Section 6.8 paragraphs (a), (b) and (c)	1^st – 28^th February 2005
Section 6.8 paragraphs (d), (e) and (f)	1^st – 30^th September 2005
Section 6.9	1^st November 2006 to 31^st 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–

(a)identify the installation concerned;

(b)list the activities falling within Part A of any Section in Part 1 of Schedule 1 which are carried out in the installation;

(c)identify which of those activities the operator considers to be the primary activity,and shall be submitted at least 3 months before the beginning of the period which would be the relevant period for the installation concerned under sub-paragraph (4).

(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–

(a)the date by which applications have been made in relation to all parts of the installation shall be treated as the date on which an application for a permit to operate the installation is made;

(b)an application for a permit to operate the installation shall only be treated as having been duly made if each of the separate applications are duly made;

(c)the determination date for the installation shall be, in relation to each part of the installation which is covered by a separate application, the determination date for that part of the 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 1^st January 2004 the prescribed date for that part of the installation affected by the change shall be–

(a)where an application for a permit authorising the operation of that part of the installation is duly made before 1^st January 2004, the determination date for that part of the installation;

(b)where no such application is made, 1^st January 2004.

(2) Where there is a substantial change in the operation of an existing Part A installation on or after 1^st 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 –

“determination date” means–

(a)

for an installation, part of an installation or mobile plant in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit or following an appeal;

(b)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the determination of the appeal refusing the permit;

(c)

for an installation, part of an installation or mobile plant in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 9, on which notice of appeal might have been given;

“existing” means, in relation to a Part A installation or a Part A mobile plant–

(a)

an installation or mobile plant which is put in to operation before 31^st October 1999;or

(b)

an installation or mobile plant which is put into operation on or after that date but before 31^st October 2000, provided that–

(i)

the operation of the installation or mobile plant was authorised by the relevant authorisation before 31^st October 1999; or

(ii)

an application for such authorisation was duly made before that date;

“new” means, in relation to a Part A installation or a Part A mobile plant, an installation or plant which is put into operation on or after 31^st October 1999 other than an existing Part A installation or Part A mobile plant;

“relevant authorisation” means, in relation to the operation of a Part A installation or Part A mobile plant–

(a)

where the operation of the installation or mobile plant immediately before 31^st October 1999 requires an authorisation under the Industrial Pollution Control (Northern Ireland) Order 1997(14), an authorisation under that Order;

(b)

where the operation of the installation or mobile plant immediately before 31^st October 1999 requires a disposal licence under the Pollution Control and Local Government (Northern Ireland)1978(15), a disposal licence under that Order;

(c)

in any other case, planning permission granted under the Planning (Northern Ireland) Order 1991(16);

“relevant period” shall be interpreted in accordance with paragraph 2.

PART 2PART 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 1^st 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	1^st April 2004
Section 1.2	1^st April 2005
Section 2.1	1^st April 2006
Section 2.2	1^st April 2006
Section 3.1	1^st April 2004
Section 3.5	1^st April 2004
Section 3.6	1^st April 2005
Section 5.1	1^st April 2006
Section 6.4	1^st April 2006
Section 6.5	1^st April 2007
Section 6.6	1^st April 2005
Section 6.7	1^st April 2006
Section 6.8	1^st 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–

“determination date” means–

(a)

(b)

(c)

“existing” means, in relation to a Part B or Part C installation or Part B or Part C mobile plant, an installation or mobile plant which is put into operation before the relevant date for that installation or mobile plant;

“new” means, in relation to a Part B or Part C installation or Part B or Part C mobile plant, an installation or mobile plant which is put into operation on or after the relevant date for that installation or mobile plant;

“relevant date” shall be interpreted in accordance with paragraphs 10 and 11.

Regulation 10

SCHEDULE 4GRANT OF PERMITS

PART 1APPLICATIONS 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–

(a)the name of the applicant, his telephone number and address (including post code) and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, its registered number, the address of its registered or principal office and, if that body corporate is a subsidiary of a holding company (within the meaning of Article 4 of the Companies (Northern Ireland) Order 1986)(17), the name of the ultimate holding company and the address of its registered or principal office;

(b)in the case of an application for a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant and its Irish grid reference, a map or plan showing that site and, in the case of an installation, the location of the installation on that site, and the name of any district council in whose district the site is situated;

(c)in the case of an application for a permit to operate a Part B or Part C mobile plant, the name of the district council in whose district the applicant has his principal place of business and the address of that place of business or, where the operator of the mobile plant has his principal place of business outside of Northern Ireland, the name of the district council in whose district the plant was first operated or, where the plant has not been operated in Northern Ireland, the district council in whose district it is intended by the operator that the plant will first be operated;

(d)in the case of an application for a permit to operate a Part A installation or a Part A mobile plant, a site report containing the information required by sub-paragraph (2);

(e)a description of the installation or mobile plant, the activities listed in Part 1 of Schedule 1 to be carried out in the installation or by means of the mobile plant, and, in the case of an installation, any other directly associated activities to be carried out on the same site as the installation which will have a technical connection with those listed activities and which could have an effect on pollution;

(f)the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of the activities referred to in paragraph (e);

(g)the nature, quantities and sources of foreseeable emissions from the installation or mobile plant into each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment;

(h)the proposed technology and other techniques for preventing or, where that is not practicable, reducing emissions from the installation or mobile plant;

(i)the proposed measures to be taken to monitor the emissions;

(j)a description of the measures to be taken for the prevention and recovery of waste generated by the operation of the installation or mobile plant;

(k)a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 11;

(l)in the case of an application for a permit to operate a Part A installation, any relevant information obtained or conclusion arrived at in relation to the installation 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(18);

(m)in the case of an application for a permit to operate an installation or mobile plant covered by general binding rules, a statement as to whether the applicant wishes the aspects of the operation of the installation or mobile plant covered by the requirements in the rules to be subject to those requirements instead of conditions included in the permit pursuant to regulation 12;

(n)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, any information which the applicant wishes the chief inspector to take into account when considering whether the applicant is a fit and proper person to carry out that activity;

(o)any additional information which the applicant wishes the enforcing authority to take into account in considering the application;

(p)a non-technical summary of the information referred to in the previous sub-paragraphs.

(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)–

“(e)the name and number, if any, of the appliance used for the burning of waste oil, and the name of its manufacturer, its rated thermal input and whether or not it is constructed or adapted so as to comply with the specification for fixed, flued fan-assisted heaters in Part 2 of the specification for oil-burning air heaters published by the British Standards Institution and numbered BS 4256 1972;

(f)details of the type of fuel to be used and its source;

(g)details of the height and location of any chimney through which waste gases produced by the appliance would be carried away and details of the efflux velocity of the waste gases leaving such a chimney produced by the appliance in normal operation;

(h)details of the location of the fuel storage tanks of the appliance;”.

(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–

(a)in the case of an application for a permit to operate an installation or Part A mobile plant, in at least two newspapers circulating in the locality in which the installation or mobile plant covered by the application will be operated;

(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant, in the Belfast Gazette.

6. An advertisement required by paragraph 5 shall:

(a)state the name of the applicant;

(b)in the case of an application for a permit to operate an installation or Part A mobile plant, state the address of the site of the installation or mobile plant;

(c)describe briefly the activities in Part 1 of Schedule 1 to be carried out in the installation or mobile plant;

(d)state that the application contains a description of any foreseeable significant effects of emissions from the installation or mobile plant on the environment;

(e)state where any register which contains particulars of the application may be inspected and that it may be inspected free of charge;

(f)explain that any person may make representations in writing to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations;

(g)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.

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 2DETERMINATION 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–

(a)in the case of an application for a permit to operate an installation or Part A mobile plant, the Health and Social Services Board in whose area the installation or mobile plant will be operated;

(b)in the case of an application for a permit to operate a Part A installation or Part A mobile plant–

(i)the Food Standards Agency(19);

(ii)where the operation of the installation or mobile plant may involve the release of any substance into a sewer vested in the Department for Regional Development, that Department;

(iii)where the operation of the installation or mobile plant may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(iv)where the operation of the installation or mobile plant may involve the release of any substance into a harbour managed by a harbour authority, that harbour authority;

(v)where the operation of the installation or mobile plant may involve the release of any substance directly into sea fisheries waters, the Department of Agriculture and Rural Development;

(vi)where the operation of the installation or mobile plant may involve the release of any substance directly into inland fisheries waters, the Department of Culture, Arts and Leisure;

(vii)where the operation of the installation or mobile plant may involve the release of any substance directly into waters under the control of The Loughs Agency or Waterways Ireland, The Loughs Agency or Waterways Ireland as the case may be;

(viii)where the application will be determined by the chief inspector, the district council in whose district the installation or mobile plant will be operated;

(ix)where the operation of the installation or mobile plant will involve the carrying out of a specified waste management activity, the Department of the Environment (Planning Service);

(c)in the case of an application for a permit to operate a Part B or Part C installation where the operation of the installation may involve an emission which may affect an area of special scientific interest or a European site, the Department of the Environment;

(d)in the case of an application for a permit to operate an installation or a Part A mobile plant on a site in respect of which a major accident prevention policy document is required under regulation 5 of the Control of Major Accident Hazards Regulations (Northern Ireland) 2000(20) or a safety report is required under regulation 7 of those Regulations, the Health and Safety Executive for Northern Ireland;

(e)in the case of an application for a permit to operate a Part C installation involving only 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), the petroleum licensing authority for that installation;

(f)in the case of all applications, such other persons as the Department may direct.

(2) In sub-paragraph (1)–

“European site” has the same meaning as in regulation 9(1) of the Conservation (Natural Habitats, &c.) Regulations (Northern Ireland) 1995(21);

“harbour authority” has the same meaning as in section 38(1) of the Harbours Act (Northern Ireland) 1970(22);

“Health and Safety Executive for Northern Ireland” means the Health and Safety Executive established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978(23);

“Health and Social Services Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(24);

“The Loughs Agency” means an agency of the Foyle, Carlingford and Irish Lights Commission, the implementation body for aquaculture and marine matters established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies(25);

“petroleum licensing authority” means a district council empowered to grant petroleum spirit licences under the Petroleum (Consolidation) Act (Northern Ireland) 1929(26);

“Waterways Ireland” means the implementation body for inland waterways established under Article 1 of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing implementation bodies.

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–

(a)be in writing;

(b)set out the off-site condition in question;

(c)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(d)specify the period allowed for the purpose of paragraph 12 for making representations to the enforcing authority relating to the condition or its possible effects and the manner in which any such representations are to be made.

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

(a)he is the owner, lessee or occupier of land; and

(b)that land is land in relation to which it is likely that, as a consequence of the permit being issued subject to the off-site condition in question, rights will have to be granted by virtue of regulation 12(12) to the holder of the permit.

(4) In sub-paragraph (3), “owner” means the person who–

(a)is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

(b)would receive the rack-rent if the land were let at a rack-rent,

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–

(a)in the case of any person to whom notice is given pursuant to paragraph 9, the period of 42 days beginning with the date on which notice is given;

(b)in the case of any person to whom notice is given pursuant to paragraph 11, the period specified in the notice;

(c)in the case of any other person, the period of 42 days beginning with the date on which the application is advertised pursuant to paragraph 5.

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–

(a)where the application relates to the operation of an installation or Part A mobile plant, publish a copy of the notice mentioned in sub-paragraph (6) in at least two newspapers circulating in the locality in which the installation or mobile is operated;

(b)serve a copy of that notice on every person required to be notified under paragraph 9 of this Schedule and on any person who made representations to the enforcing authority with respect to the subject matter of the application.

(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–

(a)the applicant;

(b)the enforcing authority; and

(c)any person required under paragraph 9 of this Schedule to be notified of the application.

(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–

(a)for new installations and mobile plant and for existing Part A installations and existing Part A mobile plant where there is a substantial change to the operation of the installation or mobile plant, within the period of six months beginning with the day on which it received the application;

(b)for existing Part A installations and existing Part A mobile plant other than those referred to in sub-paragraph (a), within the period of nine months beginning with the day on which it received the application;

(c)in any case, within such longer period as may be agreed with the applicant.

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

(a)any period beginning with the date on which notice is served on the applicant under paragraph 4 and ending on the date on which the applicant furnishes the information specified in the notice;

(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 11 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 12;

(c)where a matter falls to be determined under regulation 31or 32, any period beginning with the date on which the period of 28 days referred to in paragraph 5 ends and ending on the date on which the application is advertised in accordance with paragraph 23(a).

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–

(a)the chief inspector shall not determine the application until the Department has notified him in writing that the bilateral consultations mentioned in paragraph 17 have been completed and has forwarded to him any representations duly made on the application by persons in the other Member State which have been forwarded to the Department; and

(b)the period within which to give notice of determination of the application set out in paragraph 15 shall begin on the date on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.

(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(27).

PART 3NATIONAL 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–

(a)in the case of a harbour authority, the information is about the release of any substance into a harbour managed by that person;

(b)in the case of The Loughs Agency or Waterways Ireland the information is about the release of any substance into waters under the control of The Loughs Agency or Waterways Ireland, as the case may be;

(c)in the case of a district council, the information is about the release of any substance into air, water or land.

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

(a)the period within which an advertisement is to be published under paragraph 5 shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of;

(b)the period for notification under paragraph 9(1) of this Schedule shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

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

(a)in a case where the Secretary of State determines under regulation 31 whether or not information is to be included in the register, on the date on which the Secretary of State so determines;

(b)in a case where the enforcing authority determines under regulation 32(2) or (5) that the information in question is commercially confidential, on the date of the enforcing authority’s determination;

(c)in a case where the enforcing authority determines under regulation 32(2) or (5) that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the final determination of the appeal by the Planning Appeals Commission or, as the case may be, the date on which the appeal is withdrawn.

Regulation 12(2)

SCHEDULE 5POLLUTANTS

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.).

Regulation 12(13)

SCHEDULE 6COMPENSATION IN RELATION TO OFF-SITE CONDITIONS

1.—(1) This Schedule applies in any case where–

(a)an operator is required by an off-site condition in his permit 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;

(b)a person whose consent is required has, pursuant to the requirements of regulation 12(12), granted, or joined in granting, to the operator any rights in relation to the land; and

(c)those rights, or those rights together with other rights, are such as will enable the operator to comply with any requirements imposed on him by the off-site condition.

(2) In this Schedule–

“grantor” means a person mentioned in sub-paragraph (1)(b);

“relevant interest” means an interest in land out of which rights have been granted pursuant to the requirements of regulation 12(12).

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–

(a)depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b)depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(c)loss or damage, in relation to any relevant interest to which the grantor is entitled, which–

(i)is attributable to the grant of the rights or the exercise of them;

(ii)does not consist of depreciation in the value of that interest; and

(iii)is loss or damage for which he would have been entitled to compensation by way of compensation for disturbance if that interest had been acquired compulsorily under the Local Government Act (Northern Ireland) 1972(28) in pursuance of a notice of intention to vest served on the date on which the rights were granted;

(d)damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the rights or the exercise of them;

(e)loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of the rights or the exercise of them.

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–

(a)within 12 months from the date on which the entitlement to compensation arises in his case; or, as he may decide,

(b)within six months from the date on which the rights are first exercised.

(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–

(a)a copy of the grant of rights in respect of which the grantor’s entitlement arises, and of any plans attached to that grant,

(b)a description of the exact nature of any interest in land in respect of which compensation is applied for,

(c)a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of sub-paragraphs (a) to (e) of paragraph 3, and showing how the amount applied for under each sub-paragraph has been calculated, and

(d)where the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.

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(29) (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–

(a)the compensation shall be assessed as if the interest were not subject to the mortgage, and

(b)no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the 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–

(a)where the operator and the grantor or mortgagee agree that a single payment is to be made on a specified date, on that date;

(b)where the operator and the grantor or mortgagee agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment;

(c)in any other case, subject to any direction of the Lands Tribunal or the court, as soon as reasonably practicable after the amount of the compensation has been finally determined.

(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–

(a)the reference in Article 4(1) of that Order to Article 3 of that Order were a reference to sub-paragraph (3) of this paragraph, and

(b)references in Article 5 of that Order to the acquiring authority were references to the operator.

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–

(a)in the case of compensation payable by virtue of paragraph 3(a) or (b), the date of depreciation;

(b)in the case of compensation payable by virtue of paragraph 3(c), (d) or (e), the date on which the loss is sustained or the damage done or, where injurious affection is sustained, the date of the injurious affection;

(c)in the case of compensation payable by virtue of paragraph 6(6), the date on which the expenses become payable.

(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)–

(a)it is agreed or determined that he is not liable to pay compensation or interest; or

(b)by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive,

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

Regulation 17

SCHEDULE 7VARIATION OF CONDITIONS

PART 1APPLICATIONS 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–

(a)the name of the operator, his telephone number and address (including post code) and, if different, the address to which correspondence relating to the application should be sent;

(b)in the case of a permit to operate an installation or Part A mobile plant, the address of the site of the installation or mobile plant to which the permit applies;

(c)if appropriate, a description of the proposed change in the operation of the installation or mobile plant requiring the variation and a statement of any changes as respects the matters dealt with in paragraph 1(1)(f) to (k) of Schedule 4 which would result if the proposed change were made;

(d)in the case of a variation required by a proposed substantial change in the operation of a Part A installation, any relevant information obtained or conclusion arrived at in relation to the proposed change 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;

(e)an indication of the variations to the conditions of the permit which the operator wishes the enforcing authority to make;

(f)any additional information which the operator wishes the enforcing authority to take into account in considering his application.

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 2DETERMINATION OF APPLICATIONS FOR VARIATIONS AND VARIATION NOTICES

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

(a)an application is made for the variation of the conditions of a permit under regulation 17(2) which will authorise a substantial change in the operation of an installation or mobile plant; or

(b)the enforcing authority proposes to serve a variation notice under regulation 17(5) otherwise than for the purposes of determining an application mentioned in paragraph (a) and the variation will authorise a substantial change in the operation of an installation or mobile plant.

(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–

(a)which has been modified to take account of representations made in accordance with this paragraph in relation to the enforcing authority’s previous proposal to serve the notice without the modifications; or

(b)in order to comply with a direction given by the Department.

(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–

(a)notify the operator in writing that the paragraph applies by virtue of sub-paragraph (1) or a determination under sub-paragraph (2), as the case may be, and of any fee prescribed in respect of the variation on the application of this paragraph under regulation 22;

(b)in the case of a proposed variation notice, serve a copy of the proposed notice on the operator;

(c)give notice in writing of the application or proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 9 of Schedule 4 in the case of an application for a permit to operate the installation or mobile plant.

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

(a)the enforcing authority shall, subject to paragraph 15(a), comply with sub-paragraph (5) within 14 days of receiving the application;

(b)if the applicant does not pay to the enforcing authority any fee notified under sub-paragraph (5)(a) within 28 days of the notification the application shall be deemed to have been withdrawn.

(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–

(a)in the case of a variation affecting the operation of an installation or Part A mobile plant, in at least two newspapers circulating in the locality in which the installation or mobile plant is operated;

(b)in the case of a Part A installation or Part A mobile plant, in the Belfast Gazette.

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

(a)state the name of the operator;

(b)in the case of a variation affecting the operation of an installation or Part A mobile plant, state the address of the site of the installation or mobile plant concerned;

(c)describe briefly the activities in Part 1 of Schedule 1 carried out in the installation or by means of the mobile plant and the change in the operation of the installation or mobile plant that will be authorised by the variation;

(d)state where any register which contains particulars of the application or proposed variation notice may be inspected and that it may be inspected free of charge;

(e)explain that any person may make representations in writing to the enforcing authority within the period of 42 days beginning with the date of the advertisement and give the enforcing authority’s address for receiving the representations;

(f)explain that any such representations made by any person will be entered in a public register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request.

(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–

(a)in the case of persons notified pursuant to sub-paragraph (5)(c), the period of 42 days beginning with the date on which notice of the application or proposed variation notice is given under that sub-paragraph;

(b)in the case of other persons, the period of 42 days beginning with the date on which the application or proposed variation notice is advertised pursuant to sub-paragraph (8).

(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–

(a)he is the owner, lessee or occupier of land; and

(b)that land is land in relation to which it is likely that, as a consequence of the off-site condition in question, rights will have to be granted by virtue of regulation 12(12) to the holder of the permit.

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

(a)be in writing;

(b)set out the off-site condition in question;

(c)indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do; and

(d)specify a period, not being less than 28 days beginning on the date on which the notice is served, in which representations may be made to the enforcing authority relating to the condition or its possible effects and the manner in which any such representations are to be made.

(4) In sub-paragraph (2), “owner” means the person who–

(a)is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

(b)would receive the rack-rent if the land were let at a rack-rent,

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–

(b)serve a copy of that notice on every person required to be notified under paragraph 4(5)(c) of this Schedule and on any person who made representations to the enforcing authority with respect to the subject matter of the application.

(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–

(a)the operator;

(b)the enforcing authority; and

(c)any person required under paragraph 4(5)(c) of this Schedule to be notified of the application.

(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.

(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)–

(a)where the consultation and advertising procedure set out in paragraph 4 applies, within the period of six months beginning with the day on which the enforcing authority received the application;

(b)where that procedure does not apply, within the period of three months beginning with the day on which the enforcing authority received the application,

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–

(a)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;

(b)any period allowed for making representations in relation to a notice given pursuant to paragraph 5 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 4(12);

(c)where a matter falls to be determined under regulation 31or 32 any period beginning with the date on which the period of 28 days referred to in paragraph 4(8) ends and ending on the date on which the application is advertised in accordance with paragraph 15(b).

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–

(a)the chief inspector shall not determine the application (where the application has not been referred to the Department under paragraph 6) or serve the variation notice until the Department has notified him in writing that the bilateral consultations required by paragraph 9 have been completed and has forwarded to him any representations duly made on the application or proposed variation by persons in the other Member State which have been forwarded to the Department; and,

(b)in the case of an application to be determined by the chief inspector, the period within which to determine the application set out in paragraph 7(1)(a) shall begin on the day on which the chief inspector receives the Department’s notification that the bilateral consultations have been completed.

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 3NATIONAL 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–

(a)the period for notification under paragraph 4(5)(c) of this Schedule shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of;

(b)the period within which an advertisement is to be published under paragraph 4(8) shall be 28 days beginning 14 days after the day on which the matters to be determined under those regulations are finally disposed of.

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.

Regulation 27

SCHEDULE 8SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

1. In this Schedule–

“relevant power” means a power conferred by regulation 27, including a power exercisable by virtue of a warrant under this Schedule;

“responsible authority”–

(a)

in relation to an inspector appointed under regulation 8(1), means the Department; and

(b)

in relation to an inspector appointed under regulation 8(5), means the district council by which he is appointed.

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

(a)that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and

(b)that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

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–

(a)that the exercise of the power in relation to the premises has been refused;

(b)that such a refusal is reasonably apprehended;

(c)that the premises are unoccupied;

(d)that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e)that an application for admission to the premises would defeat the object of the proposed entry.

(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–

(a)the exercise by the inspector of that power; or

(b)the performance of, or failure of the inspector to perform, the duty imposed by paragraph 4.

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

(a)is attributable to the default of the person who sustained it; or

(b)is loss or damage in respect of which compensation is payable under any other provision of the pollution control statutory provisions.

(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.

Regulation 28

SCHEDULE 9APPEALS 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–

(a)in the case of an appeal under regulation 28(1) (a) to (e), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;

(b)in the case of an appeal under regulation 28(1)(f) before the expiry of the period of 21 days beginning with the date on which the determination is notified to the person concerned or the determination is deemed to have been made under regulation 32(4) as the case may be;

(c)in the case of an appeal under regulation 28(2) against a revocation notice, before the date on which the revocation takes effect;

(d)in the case of an appeal under regulation 28(2) against a variation notice, an enforcement notice or a suspension notice, before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal.

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–

(a)any person who was required to be given notice of the subject matter of the appeal under paragraph 9 of Schedule 4 or paragraph 4 (5)(c) of Schedule 7;

(b)any person who made representations to the enforcing authority with respect to the subject matter of the appeal; and

(c)any person who appears to the enforcing authority to have a particular interest in the subject matter of the appeal.

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.

Regulation 30

SCHEDULE 10REGISTERS

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

(a)all particulars of any application made to the enforcing authority for a permit;

(b)all particulars of any notice to the applicant by the enforcing authority under paragraph 4 of Schedule 4 and paragraph 3 of Schedule 7 and of any information furnished in response to such a notice;

(c)all particulars of any advertisement published pursuant to paragraph 5 of Schedule 4 or paragraph 4(8) of Schedule 7 and of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register;

(d)in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the enforcing authority that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);

(e)all particulars of any representations made by any person required to be given notice under paragraph 9 of Schedule 4 or paragraph 4(5)(c) of Schedule 7;

(f)all particulars of any permit granted by the enforcing authority;

(g)all particulars of any notification to the enforcing authority given under regulation 16(1);

(h)all particulars of any application made to the enforcing authority for the variation, transfer or surrender of a permit;

(i)all particulars of any variation, transfer and surrender of any permit granted by the enforcing authority;

(j)all particulars of any revocation of a permit granted by the enforcing authority;

(k)all particulars of any enforcement notice or suspension notice issued by the enforcing authority;

(l)all particulars of any notice issued by the enforcing authority withdrawing an enforcement notice or a suspension notice;

(m)all particulars of any notice of appeal under regulation 28 against a decision by the enforcing authority or a notice served by the enforcing authority, along with a statement of the grounds of appeal, a copy of any relevant correspondence between the appellant and the enforcing authority and a copy of any decision or notice which is the subject matter of the appeal;

(n)all particulars of any representations with respect to the subject matter of the appeal made by any person mentioned in paragraph 3 of Schedule 9, other than representations which the person who made them requested should not be placed in the register;

(o)in a case where any such representations are omitted from the register at the request of the person who made them, a statement by the enforcing authority that representations have been made which have been the subject of such a request (but such statement shall not identify the person who made the representations in question);

(p)all particulars of any written notification of the determination by the Planning Appeals Commission of such an appeal and any report accompanying any such written notification;

(q)details of any conviction of or formal caution given to any person for any offence under regulation 33(1) which relates to the operation of an installation or mobile plant under a permit granted by the enforcing authority, or without such a permit in circumstances where one is required by regulation 9, including the name of the person, the date of conviction or formal caution, and, in the case of a conviction, the penalty imposed and the name of the Court;

(r)all particulars of any monitoring information relating to the operation of an installation or mobile plant under a permit granted by the enforcing authority which has been obtained by the enforcing authority as a result of its own monitoring or furnished to the enforcing authority in writing by virtue of a condition of the permit or under regulation 29(2);

(s)in a case where any such monitoring information is omitted from the register by virtue of regulation 32, a statement by the enforcing authority, based on the monitoring information from time to time obtained by or furnished to them, indicating whether or not there has been compliance with any relevant condition of the permit;

(t)all particulars of any other information furnished to the authority in compliance with a condition of the permit, a variation notice, enforcement notice or suspension notice, or regulation 29(2);

(u)all particulars of any report published by an enforcing authority relating to an assessment of the environmental consequences of the operation of an installation in the locality of premises where the installation is operated under a permit granted by the enforcing authority; and

(v)all particulars of any direction given to the enforcing authority by the Department under any provision of these Regulations.

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–

(a)monitoring information relating to a particular installation or a mobile plant four years after that information was entered in the register; or

(b)information relating to a particular installation or mobile plant which has been superseded by later information relating to that installation or mobile plant four years after that later information was entered in the register,

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.

Regulation 41

SCHEDULE 11CONSEQUENTIAL 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(30), at the end add–

“but a district council shall not, without the consent of the Department of the Environment, serve any such notice in respect of noise if proceedings in respect thereof might be initiated under regulations under Article 4 of the Environment (Northern Ireland) Order 2002.”.

Clean Air (Northern Ireland) Order 1981

2. Immediately before Article 25 of the Clean Air (Northern Ireland) Order 1981(31) insert–

“Relation to Environment (Northern Ireland) Order 2002

24B.—(1) Where an activity is subject to regulations under Article 4 of the Environment (Northern Ireland) Order 2002 (regulation of polluting activities), Articles 3 to 24A shall not apply in respect of that activity, as from the determination date for the activity in question.

(2) The determination date, for an activity, is–

(a)in the case of an activity for which a permit is granted, the date on which it is granted, whether in pursuance of an application or following an appeal;

(b)in the case of an activity for which a permit is refused, the date of refusal, whether in pursuance of an application or following an appeal.

(3) In paragraph (2) “permit” means a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002 and the reference to an appeal is a reference to an appeal under those regulations.”

Income and Corporation Taxes Act 1988

3. In section 91A(6) of the Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)(32), in paragraph (ba) after “1999” insert–

“or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002,”.

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(33), after “1978” insert–

“or a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

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

5. After regulation 63 of the Conservation (Natural Habitats, &c,) Regulations (Northern Ireland) 1995(34)insert–

“Permits under the Pollution Prevention and Control Regulations (Northern Ireland) 2003

63A.—(1) Regulations 43 and 44 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

(2) Where in such a case the competent authority considers that any adverse effects of the plan or project on the integrity of the European site would be avoided if the permit were subject to conditions, it may grant a permit, or cause a permit to be granted, subject to those conditions.

(3) Regulations 45 and 46 (requirement to review existing decisions and consents, etc.) apply to any such permit as is mentioned in paragraph (1).

(4) Where on the review of such a permit the competent authority considers that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, it may vary it, or cause it to be varied, accordingly.

(5) Where any question arises as to agreeing to a plan or project, or affirming a permit on review, under regulation 44 (considerations of overriding public interest), the competent authority shall refer the matter to the Department who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.”

The Landfill Tax Regulations 1996

6. In Regulation 33(4) of the Landfill Tax Regulations 1996(35), after paragraph (j) insert–

“(k)an enforcement notice served under regulation 24 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003;

(l)a suspension notice served under regulation 25 of those Regulations;

(m)an order under regulation 36 of those Regulations.”

The Specified Risk Material Regulations (Northern Ireland) 1997

7. The Specified Risk Material Regulations (Northern Ireland) 1997(36) have effect subject to the following amendments.

8. In regulation 24(9)(a)(i) and (b)(i), after “1978” insert–

“or permit granted under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

9. In regulation 24(10), after “approved incinerator” insert–

“or an incinerator authorised under the Pollution Prevention and Control Regulations (Northern Ireland) 2003”

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–

“or authorised under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

The Industrial Pollution Control (Northern Ireland) Order 1997

11. In Article 6 (authorisations: general provisions) of the Industrial Pollution Control (Northern Ireland) Order 1997(37)–

(a)at the beginning of paragraph (6) insert “Subject to paragraph (6A) below”;

(b)after paragraph (6) insert–

“(6A) Paragraph (6) above shall not require a review of the conditions of an authorisation to be carried out if–

(a)the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant;

(b)the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant; or

(c)the prescribed process covered by the authorisation is carried on in an existing Part B or Part C installation or by means of an existing Part B or Part C mobile plant and the review would be carried out within the period of two years ending on the relevant date for that installation or mobile plant.

(6B) In paragraph (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B or Part C installation”, “existing Part B or Part C mobile plant” and “relevant date” have the meaning given in Schedule 3 to the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

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(38)–

(a)after sub-paragraph (a) insert–

“(aa)to prevent any contravention by any other person of regulation 9 of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 or of a condition of a permit granted under regulation 10 of those Regulations;;”

(b)in sub-paragraph (c)(ii), after “that Article” insert “or any condition of a permit granted under regulation 10 of those Regulations”.

The Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998

13. After regulation 3 of the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998(39) insert–

“Exclusion of prescribed processes under control of the Pollution Prevention and Control Regulations (Northern Ireland) 2003

3A.—(1) Where a process which is being carried on under an authorisation requires a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 authorising the carrying on of that process in an installation or by means of mobile plant and an application is made (or deemed to have been made) under those Regulations for the permit, that process shall, from the determination date for the installation or mobile plant, as the case may be, no longer be taken to fall within the description in Schedule 1.

(2) Where a process which is not being carried on under an authorisation requires a permit under those Regulations authorising the carrying on of that process in an installation or by means of mobile plant, that process shall not be taken to fall within the description in Schedule 1 from the date on which the permit is required.

(3) In this regulation, “installation” and “mobile plant” have the meaning given in regulation 2(2) of the Pollution Prevention and Control Regulations (Northern Ireland) 2003 and “determination date” has the meaning given in Schedule 3 to those Regulations.”

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(40), in paragraph (a) after “1997” insert–

“or under a permit granted under the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

The Groundwater Regulations (Northern Ireland) 1998

15. The Groundwater Regulations (Northern Ireland) 1998(41) 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–

“and (d) a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 in so far as it authorises the operation of a Part A installation or a Part A mobile plant within the meaning of those Regulations;”.

17. After “1997” in regulation 4 insert –

“and the Pollution Prevention and Control Regulations (Northern Ireland) 2003.”

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(42) 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(43), after the second entry in column 1 insert–

“A person who is the holder of a permit under the Pollution Prevention and Control Regulations (Northern Ireland) 2003 which authorises the carrying out of a specified waste management activity within the meaning of those Regulations.”

(1)

OJ No. L 365, 31.12.94, p.24

(2)

1993 c. 12

(3)

SR 1992 No. 254

(4)

OJ No. L 377, 31.12.91, p.20

(5)

OJ No. L 163, 14.6.89, p.32

(6)

OJ No. L 203, 15.7.89, p.50

(7)

OJ No. L 194, 25.7.75, p.23

(8)

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

(9)

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)

(10)

OJ No. L 307, 27.11.75, p.22

(11)

SR 2002 No. 209

(12)

S.I. 1999/662 (NI 6)

(13)

S.I. 1986/594 (NI 3)

(14)

S.I. 1997/2777 (NI 18)

(15)

S.I. 1978/1049 (NI 19)